U.S. Legislative Issues

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As road construction costs continue to rise and vehicle fuel economy continues to improve, the gas tax (at both the state and federal levels) is becoming a less effective means of generating the revenue necessary to maintain our transportation network. In light of this, many policy experts have suggested alternative means of funding for transportation projects, leading several states to begin experimenting with their own pilot programs.

A bill passed by the California Legislature and signed into law by Governor Jerry Brown on September 29 will require the Chair of the California Transportation Commission to create a Road Usage Charge (RUC) Technical Advisory Committee in consultation with the state’s transportation agency. The purpose of the RUC Technical Advisory Committee is to examine alternatives to the gas tax and to design a pilot program for the testing of a Vehicle Miles Traveled (VMT) taxing system. A similar VMT pilot program administered by the state of Oregon is also underway.

NAFA has nominated a member to serve on the California RUC Technical Advisory Committee, which is expected to be finalized by January of next year.



On October 27 and 28, the U.S. Department of Transportation’s Motor Carrier Safety Advisory Committee (MCSAC) held its quarterly public meeting. On the first day, the Medical Review Board attended as a joint host to work together with MCSAC to identify concepts the Agency should consider in relation to Schedule II medications and their use by commercial motor vehicle (CMV) drivers in interstate commerce. Schedule II medications include pain killers, such as OxyContin®. During the meeting, the MCSAC, which can make safety recommendations to the Federal Motor Carrier Safety Administration (FMCSA), but does not possess any rulemaking authority, approved a number of suggestions for the FMCSA. Among the suggestions approved, was one calling for the FMCSA to develop a standardized Medication Questionnaire to assist a commercial driver medical examiner when reviewing prescription medications taken by a commercial motor vehicle driver as part of the history and physical examination for certification.

During the second day, the MCSAC discussed minimum insurance levels for long haul truckers and reviewed a three year pilot program that allowed long haul Mexican truckers to operate inside the US beyond a 25 mile economic zone.

More information about the meeting can be found here.



Congress continues to criticize the National Highway Traffic Safety Administration (NHTSA) about its role in ensuring vehicle safety through recalls. After General Motors recalled more than 28 million vehicles this year, it came to light that NHTSA had information about the vehicle problems that led to the recall, but had not acted. As a result, the federal agency is under investigation and continues to be closely monitored to evaluate how it deals with recently uncovered problems regarding airbags manufactured by Takata Corp. and the new batch of sudden acceleration claims relating to certain Toyota vehicles.

On October 27, the House Energy and Commerce Committee was briefed by federal safety officials on NHTSA's investigation into defective airbags made by Takata Corp. The defective airbags, under fire for allegations that they mistakably propel shrapnel at passengers upon deployment, have resulted in roughly eight million vehicle recalls. Committee Chairman Fred Upton welcomed reports that NHTSA will be subject to a federal review after several missteps during the initial announcement of the recall, saying it is "well past time" for introspection. "Mistakes have been made by both companies and regulators, and as the agency holds automakers accountable, it needs to hold itself to the same - if not a higher - standard as those it regulates," Upton said in a statement.
 

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