November 28, 2017
The Honorable Steve Chabot, Chair
The Honorable Nydia Velazquez, Ranking Member
U.S. House of Representatives
Committee on Small Business
Washington, D.C. 20515
Dear Chairman Chabot and Ranking Member Velazquez:
As you prepare for tomorrow’s hearing, “Highway to Headache: Federal Regulations on the Small Trucking Industry,” our public health, safety and law enforcement organizations, trucking companies, truck drivers, families of loved ones killed in truck crashes and truck crash survivors write to express our staunch opposition to any attempts to delay, create special interest exemptions from, or impede full implementation of the long overdue electronic logging device (ELD) rule.
The rule requires most commercial motor vehicles (CMVs), namely large trucks and buses in interstate commerce, to install an ELD to track driver on-duty time by December 18, 2017. The regulation was required in bipartisan legislation, the Moving Ahead for Progress in the 21st Century Act (MAP-21, P.L. 112-141), enacted in 2012. Subsequently, the regulation was issued by the Federal Motor Carrier Safety Administration (FMCSA) in 2015.
Truck driver fatigue has been a well-documented safety problem in the industry for decades. The National Transportation Safety Board (NTSB) has repeatedly cited fatigue as a major contributor to truck crashes and included reducing fatigue-related crashes in its 2017/2018 “Most Wanted List” of safety changes. ELDs are a proven and cost-effective technology that will save lives and reduce injuries, and according to the U.S. Department of Transportation will result in over $1 billion in annualized net benefits. Additionally, ELDs provide an objective record of a CMV driver’s on-duty time, will increase compliance with hours of service (HOS) rules, and will simplify and streamline the efforts of law enforcement.
There already is widespread use of ELD technology in the United States and other countries. Nearly a third of trucks currently in service are equipped with electronic logging technology. Similar technology has been used in Europe for decades and is required in the European Union, Japan, and many other countries. Members of the trucking industry have known about this rule for years and have had ample time to prepare for it.
Moreover, the legal challenge to the final rule was unanimously rejected by the U.S. Court of Appeals for the Seventh Circuit in 2016. The three judge panel denied each and every claim brought by the parties that sought to vacate the rule. In addition, the request to the U.S. Supreme Court to review the Seventh Circuit’s ruling was denied.
Truck crash deaths and injuries are on the rise. In 2016, 4,317 people were killed in crashes involving large trucks, representing an increase of more than five percent from the previous year and the highest number of fatalities since 2007. Additionally, in 2015, the most recent year for which complete data is available, an estimated 116,000 people were injured in crashes involving large trucks.
We urge the Committee to oppose any weakening of this overdue, commonsense truck safety regulation. Delaying, deferring or carving out exemptions to the ELD requirement will only contribute to more fatigued commercial drivers sharing the road with families and jeopardizing everyone’s safety.
Sincerely,
Joan Claybrook, Chair
Citizens for Reliable and Safe Highways and,
Former Administrator, NHTSA
James P. Hoffa, General President
International Brotherhood of Teamsters
Jacqueline Gillan, President
Advocates for Highway and Auto Safety
Lane Kidd, Managing Director
Alliance for Driver Safety & Security
(The Trucking Alliance)
John Risch, National Legislative Director
SMART-TD (UTU)
Dominick L. Stokes,
Vice President for Legislative Affairs
Federal Law Enforcement Officers Association
Deborah A.P. Hersman, President and CEO
National Safety Council
Stephen W. Hargarten, M.D., MPH
Society for the Advancement of Violence
and Injury Research
Steve Owings, Co-Founder
Road Safe America
Jason Levine, Executive Director
Center for Auto Safety
Andrew McGuire, Executive Director
Trauma Foundation
Janette Fennell, Founder and President
KidsAndCars.org
Jack Gillis, Director of Public Affairs
Consumer Federation of America
Daphne Izer, Founder
Parents Against Tired Truckers (PATT)
| Amy Fletcher
Perrysburg, OH Volunteer, Truck Safety Coalition Wife of John Fletcher Killed in a truck crash 1/24/12
Kim Telep Harrisburg, PA Volunteer, Truck Safety Coalition Wife of Bradley Telep Killed in a truck crash 8/29/12
Marchelle Wood Falls Church, VA Volunteer, Truck Safety Coalition Mother of Dana Wood Killed in a truck crash 10/15/02
Lisa Shrum Fayette, MO Volunteer, Truck Safety Coalition Daughter of Virginia Baker, Step-daughter of Randy Baker Killed in a truck crash 10/10/06
Tami Friedrich Trakh Corona, CA Board Member, CRASH Sister of Kris Mercurio, Sister-in-Law of Alan Mercurio, Aunt of Brandie Rooker & Anthony Mercurio Killed in a truck crash 12/27/89
Kate Brown Gurnee, IL Volunteer, Truck Safety Coalition Mother of Graham Brown Injured in a truck crash 5/2/05
Tina Silva Ontario, CA Volunteer, Truck Safety Coalition Sister of Kris Mercurio, Sister-in-Law of Alan Mercurio, Aunt of Brandie Rooker & Anthony Mercurio Killed in a truck crash 12/27/89
Jackie Novak Hendersonville, NC Volunteer, Truck Safety Coalition Mother of Charles “Chuck” Novak Killed in a truck crash 10/24/10
Michelle Lemus Los Angeles, CA Volunteer, Truck Safety Coalition Injured in a truck crash 4/10/14
Santiago Calderon Arcata, CA Volunteer, Truck Safety Coalition Injured in a truck crash 4/10/14
Dawn King Davisburg, MI President, Truck Safety Coalition (TSC) Board Member, Citizens for Reliable and Safe Highways (CRASH) Daughter of Bill Badger Killed in truck crash 12/23/04
Linda Wilburn Weatherford, OK Board Member, PATT Mother of Orbie Wilburn Killed in a truck crash 9/2/02
Larry Liberatore Severn, MD Board Member, PATT Father of Nick Liberatore Killed in a truck crash 6/9/97
Wanda Lindsay New Braunfels, TX Volunteer, Truck Safety Coalition Wife of John Lindsay Killed in a truck crash 5/7/10
Beth Badger Columbus, GA Volunteer, Truck Safety Coalition Daughter of Bill Badger Killed in truck crash 12/23/04
Nancy Meuleners Bloomington, MN Volunteer, Truck Safety Coalition Injured in a truck crash 12/19/89
Debra Cruz Harlingen, TX Volunteer, Truck Safety Coalition Injured in a truck crash 8/8/08
Laurie Higginbotham Memphis, TN Volunteer, Truck Safety Coalition Mother of Michael Higginbotham Killed in a truck crash, 11/18/14
Vickie Johnson Hartwell, GA Volunteer, Truck Safety Coalition Wife of Curt Johnson, Step-mother of Crystal Johnson Killed in a truck crash 10/1/09
Randall Higginbotham Memphis, TN Volunteer, Truck Safety Coalition Father of Michael Higginbotham Killed in a truck crash, 11/18/14
Bruce King Davisburg, MI Volunteer, Truck Safety Coalition Son-in-law of Bill Badger Killed in truck crash 12/23/04
Marc Johnson Hartwell, GA Volunteer, Truck Safety Coalition Brother of Curt Johnson Killed in truck crash 10/1/09
Melissa Gouge Washington, D.C. Volunteer, Truck Safety Coalition Cousin of Amy Corbin Killed in a truck crash 8/18/97
Morgan Lake Sunderland, MD Volunteer, Truck Safety Coalition Injured in a truck crash 7/19/13 |
Peter Malarczyk
Hastings-on-Hudson, NY Volunteer, Truck Safety Coalition Injured in a truck crash 12/29/15 Son of Ryszard and Anita Malarczyk Killed in a truck crash 12/29/15
Monica Malarczyk Hastings-on-Hudson, NY Volunteer, Truck Safety Coalition Injured in a truck crash 12/29/15 Son of Ryszard and Anita Malarczyk Killed in a truck crash 12/29/15
Alan Dana Plattsburgh, NY Volunteer, Truck Safety Coalition Son of Janet Dana, Uncle of Caitlyn & Lauryn Dana, Brother-in-law of Laurie Dana Killed in a truck crash 7/19/12
Michelle Novak Delevan, NY Volunteer, Truck Safety Coalition Aunt of Charles “Chuck” Novak Killed in a truck crash 10/24/10
Jane Mathis St. Augustine, FL Vice President, TSC Board Member, PATT Mother of David Mathis Mother-in-Law of Mary Kathryn Mathis Killed in a truck crash 3/25/04
Frank Wood Falls Church, VA Volunteer, Truck Safety Coalition Father of Dana Wood Killed in a truck crash 10/15/02
Sandra Lance Chesterfield, VA Volunteer, Truck Safety Coalition Mother of Kristen Belair Killed in a truck crash 8/26/09
Jennifer Tierney Kernersville, NC Board Member, CRASH Daughter of James Mooney Killed in a truck crash 9/20/83
Paul Badger Davidson, NC Volunteer, Truck Safety Coalition Son of Bill Badger Killed in truck crash 12/23/04
Bernadette Fox Davis, CA Volunteer, Truck Safety Coalition Best friend of Daniel McGuire Killed in a truck crash 7/10/14
John Ramsey Edneyville, NC Volunteer, Truck Safety Coalition
Henry Steck Homer, NY Volunteer, Truck Safety Coalition
Ed Slattery Lutherville, MD Board Member, PATT Volunteer, Truck Safety Coalition Husband of Susan Slattery Killed in a truck crash 8/16/10 Sons Matthew & Peter Slattery critically injured in a truck crash 8/16/10
Ron Wood Washington, D.C. Volunteer, Truck Safety Coalition Son of Betsy Wood, Brother of Lisa Wood Martin, Uncle of Chance, Brock, and Reid Martin Killed in a truck crash 9/20/04
Gary Wilburn Weatherford, OK Volunteer, Truck Safety Coalition Father of Orbie Wilburn Killed in a truck crash 9/2/02
Christina Mahaney Jackman, ME Volunteer, Truck Safety Coalition Injured in a truck crash 7/19/11 Mother of Liam Mahaney Killed in a truck crash 7/19/11
Julie Branon Magnan South Burlington, VT Volunteer, Truck Safety Coalition Injured in a truck crash 01/31/02 Wife of David Magnan Killed in a truck crash 01/31/02
Cindy Southern Cleveland, TN Volunteer, Truck Safety Coalition Wife of James Whitaker, sister-in-law Anthony Hixon and aunt of Amber Hixon Killed in a truck crash 9/18/09
Steve Izer Lisbon, ME Board Member, PATT Father of Jeff Izer Killed in a truck crash 10/10/93
Warren Huffman Odessa, MI Volunteer, Truck Safety Coalition Brother of Tim Huffman Killed in a truck crash 5/6/13
Tammy Huffman Odessa, MI Volunteer, Truck Safety Coalition Sister-in-law of Tim Huffman Killed in a truck crash 5/6/13
Ashley McMillan Memphis, TN Volunteer, Truck Safety Coalition Girlfriend of Michael Higginbotham Killed in a truck crash 11/18/14
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