Protecting Volunteer Firefighters and Emergency Responders Act of 2014

Floor Speech

Date: Dec. 11, 2014
Location: Washington, DC
Issues: Transportation

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Mr. BLUMENTHAL. Mr. President, at this time of year, Thanksgiving and the holidays that are upcoming, a lot of Americans are on our roads. A lot of us know that Americans are on the roads because my colleagues and I travel using the highways of our States so frequently.

We know as parents, as family members, that in the back of our minds when a son or daughter is driving, there is a tiny bit of apprehension and anxiety about safety. It is safety not only concerning people on our roads but also on our railways. As a member of the commerce committee, where the Presiding Officer served, I know he has young children and he probably has the same apprehensions and anxieties that all of us share when our family members are driving, particularly late at night, early in the morning, hours when weariness, fatigue, and tiredness are one of the main enemies--particularly when the weather is bad.

The omnibus funding measure, soon to be under debate, has many good provisions, but it also has a provision that is antithetical and deeply destructive to the principle of road safety because it affects truck drivers who are on the roads for long periods of time. I am referring to section 133 of division K, one paragraph. I am here to talk about it, to ask that my colleagues oppose it. If there is any way to strip it from the bill, I urge that it be done. It is a provision that is virtually incomprehensible to the average American on the roads or in their homes as to what it means and what its ramifications are and what its consequences may be to their safety and the safety of others in their families on the road.

The fact is that nearly 4,000 people who are killed each year in truck crashes and the nearly 100,000 each year who are injured show the toll of fatigue and weariness of our truck drivers.

According to NHTSA, truck crash injuries in fact increased by 40 percent between 2009 to 2012. We all have seen the consequences of fatigue on the roads when we drive--the truck driver who may pull his rig in front of us or slide over into our side of the road, not because he is not well trained, experienced, able. In fact, the vast majority of truck drivers are experienced and able and well trained and extraordinarily prudent in the way they drive.

But fatigue is an enemy to them as it is to all of us who drive. Many of the headlines we have seen recently have concerned hours of service regulations governing truck drivers, as many truck crashes involve tired truck drivers. There are rules that have been enacted by the Federal Motor Carrier Safety Administration, rules that have been implemented to curb the number of fatigued truck drivers on our roads, implemented after years of rulemaking and analysis and study and even litigation. They are fact-based rules. They are supported by science. They are rules that move American roads and drivers in the right direction, truly, literally on the right path.

I am not the only one who supports these rules. They are supported by the Secretary of Transportation. Secretary Foxx is to be commended for his steadfast, strong, courageous defense of these rules. His integrity and intellect in support of these rules I greatly appreciate. But he is not alone any more than I am alone. The folks who are most adamant and passionate about it are the truck drivers themselves.

The Teamsters and the United Transportation Union, they have inspired me to be as passionate and steadfast as I am on these rules. They are not alone either. Law enforcement, the International Association of Chiefs of Police, the National Troopers Coalition, the National Sheriffs' Association, the Commercial Vehicle Safety Alliance, and the Federal Law Enforcement Officers Association all support these rules.

They are also supported by consumer and public health groups and safety groups such as Advocates for Highway and Auto Safety, Citizens for Reliable and Safe Highways, the Consumer Federation of America, the American Public Health Association, the John Lindsay Foundation, the Truck Safety Coalition, KidsAndCars.org, the Trauma Foundation, and Public Citizen. These are the preeminent public and safety consumer advocacy groups in this country. They all support these rules.

Tragically and unfortunately, there are organizations representing victims such as Parents Against Tired Truckers and Roadsafe America which also have been inspired to support these rules. I say tragically and unfortunately, because none of us welcome the fact that there are victims of crashes resulting from tired truckers. Most regretful are the truckers themselves, which is why they are supporting these rules. But the families and loved ones of victims of these crashes support the rules, and even many trucking companies like those represented by the Trucking Alliance support these rules.

The fact is there is good reason for the rules and there is good reason to strip the bill of a provision that negates, in effect, undercuts, and eviscerates these rules, section 133 of Division K. There is good reason. The 2005 study conducted by the Federal Motor Carrier Safety Administration demonstrated that before the current rules were implemented, 65 percent of drivers reported feeling drowsy while driving and 48 percent admitted to falling asleep while driving at some point the previous year.

But under the current rules, the Federal Motor Carrier Safety Administration says that it will save 19 lives, prevent about 1,400 crashes, 560 injuries each year, see an estimated $280 million in savings from fewer large truck crashes, and see $470 million in savings from improved driver health.

These are dry, abstract statistics, but they measure compelling losses in human lives and in dollars.

Unfortunately, the folks who want to stop these rules have found a home in the omnibus appropriations bill that may be coming over from the House later today. In addition, while the rules are blocked, the language in the House bill would also require that this issue be studied further.

The rules have been studied a lot. If there is a need for further study, fine. I am completely on board with study and factfinding. But in the meantime, let's keep the rules as they are, as prescribed by the Federal Motor Carrier Safety Administration. They are in the business of safety. They have said these rules are necessary. Let's keep the rules implemented, but we can study them. If we are going to make any changes, it should be done with proper analysis and debate--not in a spending bill. It ought to be in the committee with jurisdiction, the commerce committee, where I serve.

That is why in late July my subcommittee held a hearing on truck safety and this issue featured prominently. We gave everyone a chance to testify, to debate all points of view. Until then, the only discussion was in the context of appropriations and spending bills, not in the context of real policy.

The hearing I held highlighted some real issues. First, with these changes, drivers will be able to drive nearly 80 hours a week. In other words, if this provision is adopted, if the rules are rolled back, drivers will be able to drive nearly 80 hours a week and hundreds more a year.

It is more likely that trucking companies will push their drivers to drive the maximum limit, which is about twice the average American workweek. That is exactly what the rules are designed to prevent, truck drivers being forced to work too many hours, getting exhausted, and then endangering themselves and other drivers on the road.

All we are trying to do with the rules is take tired truckers off the roads--not tell them when they must sleep or what they must do while they are off the roads. It is about taking tired trucker drivers off the road. The changes in the omnibus would enable drivers to drive nearly 80 hours a week and hundreds more hours a year and would really impede truck drivers' resting, which they should be doing instead of driving more.

The rules implemented by the Federal Motor Carrier Safety Administration were the result of compromise. To roll them back further undermines that compromise. If anything, we ought to be instituting greater safeguards.

If there is factfinding that justifies stronger precaution and protection, we welcome that study. But in the meantime, allow the rules to work and protect drivers, truck drivers and other drivers on the road. Americans are in favor of these rules. They are in favor of truck safety.

Polling data released in October shows why so many Americans are concerned about allowing drivers to be on the roads while they are fatigued. Americans simply don't want these large trucks, which in many respects operate like missiles zooming down the road. A missile out of control can do huge, humongous, enduring damage to life and limb and to the futures of people whose lives may be transformed by a fatal or serious crash.

Let's make sure we have a real conversation about this issue in the commerce committee. Let's make sure we do the factfinding and have the rules in place while that factfinding takes place. Let's make sure that Americans are protected against weary and tired truckdrivers. Let's give them the same attention and care as we would want for our families during this season, on the roads, while they are driving late at night, maybe in bad weather, because there are going to be storms as there are, inevitably, in December, January, and February.

But every day, every season, these rules deserve to be in place. That is why this provision, which would roll back those rules--making changes endangering the lives of ordinary Americans on the road--is so antithetical to safety and such an anathema to the values of saving and preserving life and increasing the safety of our drivers on the road.

I yield the floor and I suggest the absence of a quorum.

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