House THUD Appropriations Subcommittee Passes Several Transportation Riders

The Fiscal Year 2020 appropriations bill that included several key provisions related to the transportation industry was passed on May 23, 2019 by the House Transportation, Housing and Urban Development or THUD Appropriations Subcommittee of the Full House Appropriations Committee. One of the most concerning provisions included in the approved text to the 3PL industry, is the reposting of all CSA scores and alerts. TIA worked relentlessly with Congressional leaders on the FAST Act (highway reauthorization bill) to include language that removed all CSA scores and alerts from public view, until a corrective action plan was developed, implemented and certified. That process is still ongoing and should not be overturned.

The 3PL industry continues to have to second-guess the federal agency charged with motor carrier safety. The public availability of CSA scores and alerts will only continue to add to the rising negligent selection lawsuits and devastating liability concerns on 3PLs and shippers.

Specifically, TIA will be monitoring the following provisions which, were included in the passed bill:

• SEC. 131. – ELD Exemption for Ag/Insect Haulers through Sept. 30, 2020

None of the funds appropriated or otherwise made available to the Department of Transportation by this Act or any other Act may be obligated or expended to implement, administer, or enforce the requirements of section 31137 of title 49, United States Code, or any regulation issued by the Secretary pursuant to such section, with respect to the use of electronic logging devices by operators of commercial motor vehicles, as defined in section 31132(1) of such title, transporting livestock as defined in section 602 of the Emergency Livestock Feed Assistance Act of 1988 (7 U.S.C. 1471) or insects. (In English maintain the ELD exemption for Ag. Haulers)

• SEC. 132. – Annual Inspection for Rear Underride Guards

The Federal Motor Carrier Safety Administration shall update annual inspection regulations under Appendix G to subchapter B of chapter III of title 49, 4 Code of Federal Regulations, to require that rear underride guards be inspected annually.

• SEC. 133. – Overturns FMCSA’s Decision to Grant ATA Meal/Rest Break Petition

No funds made available by this or any other Act may be obligated or expended under the authority in 49 U.S.C. 31141(c) to review and issue a decision on a petition to preempt State meal and rest break laws that may differ from those in 49 C.F.R. 395.

• SEC. 134. – CSA

Notwithstanding any restriction under part II of subtitle B of title V of the FAST Act, not later than 6 months after enactment of this Act, the Administrator of the Federal Motor Carrier Safety Administration shall make available on a public website information regarding analysis of violations developed under the agency’s Compliance, Safety, Accountability program, consistent with the data that the agency made publicly available immediately before December 4, 2015.

• SEC. 135. – Prevents FMCSA from eliminating 30-minute rest break

None of the funds made available in this Act may be used to promulgate or enforce a rule that eliminates the 30-minute rest break specified in part 395 of title 49, Code of Federal Regulations, as it was in operational effect on May 15, 2019.

The bill still must be approved at the full committee level and then sent to the House floor for approval of the entire House of Representatives. These provisions will likely be maintained throughout that process as Democrats control the House of Representatives. The major hurdle for advocates of these provisions and a positive for 3PLs is Republicans still control the Senate, and the Senate must approve these measures as well.

TIA Government Affairs staff will continue to meet with Members of Congress on the importance of creating a Motor Carrier Safety Standard and keeping the CSA scores down from the public view and this issue will be on the agenda for the TIA Policy Forum in Washington, DC on June 11 - 12.

If you have any questions, please contact Chris Burroughs at burroughs@tianet.org, or 703-299-5705.

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