In The News

Ferro tells panel improving safety in multi-sector industry a daunting challenge

WASHINGTON — Anne S. Ferro, the Obama administration’s choice to become administrator of the Federal Motor Carrier Safety Administration told a Senate committee today that the agency’s mandate to reduce the incidence and severity of crashes involving trucks and buses has proven to be a daunting challenge in a multi-sector industry where segments have such low barriers to entry that competition for business is sometimes characterized as a race to the bottom.

The hearing included several minutes of intense questioning of Ferro concerning Hours of Service and electronic on-board recorders by Sen. Frank Lautenberg, D.-N.J.

“Whoever leads this agency must foster frank discussions about the fundamentals in the freight supply chain and motor coach industries that encourage participants to push the limits and put the driving public and other commercial drivers at risk,” Ferro testified during her nomination hearing before the Senate Commerce, Science and Transportation Committee today. “Uncompensated time, compensation by the mile or load, professional drivers classified as laborers – these are all aspects of a supply-chain model that rewards squeezing transportation costs out of the equation; factors that shift the cost onto the driving public and professional driver.”

The FMCSA administrator must take the lead in raising questions and opening up the if the U.S. is to realize a commercial vehicle industry where the safest drivers motor carriers are the most competitive, not the other way around, Ferro said.

“Furthermore, agency must get on with considering a universal electronic on board recorder improving the Hours of Service rule, rolling out tougher standards for entry, implementing effective identification and sanctioning high risk carriers,” she told the committee.

The committee will vote on her nomination at a later date, most likely next week, according to a spokesman for Sen. Mark Pryor, D.-Ark., who chaired the hearing.

Committee members have until Thursday to submit additional questions in writing and Ferro will respond to those questions in also in writing.

Wednesday’s one hour hearing, which included both Ferro and Cynthia L. Quarterman, the Administrations choice for administrator of the Pipeline and Hazardous Materials Safety Administration of the Department of Transportation, was highlighted by Lautenberg’s questioning.

The New Jersey Democrat is chairman of the committee’s Surface Transportation and Merchant Marine Infrastructure, Safety and Security subcommittee.

Lautenberg said Ferro’s ties to the trucking industry as head of the Maryland Motor Truck Association made him” concerned about her ability to take the bold action needed to keep Americans safe.”

In response to Lautenberg’s concern, Ferro told the committee: “Going back to my career as a state leader in Maryland (she served seven years as Maryland’s Motor Vehicle Administrator before joining the Maryland Motor Truck Association as president) when I made the transition to MMTA I continued in the vain of advocating for safety. I assure my passion is highway safety.”

Lautenberg then grilled Ferro about two issues that he believes are among those bold actions that must be taken with respect to the current Hours of Service rule and electronic on-board recorders.

He noted that Ferro had publicly supported the current HOS rule, which he said allowed drivers to stay behind the wheel longer, thus leading to more fatigued drivers.

“Will you recommend to the DOT that the HOS rule be revisited,” Lautenberg asked.

“If confirmed, I am firmly committed to review the data, research and analysis behind the current rule and use that information to advance safety where and if it’s determined improvements are necessary,” Ferro said.

As for EOBRs, Lautenberg asked Ferro if she supported a recommendation by the National Transportation Safety Board that all commercial trucks should have the device.

“The past administration did put forth a limited rule,” Ferro responded. “Examining the opportunities to advance safety gains with EOBRs would be among my top priorities.”

A proposed EOBR Final Rule that is scheduled to be sent to the Office of Management and Budget soon requires motor carriers with certain safety deficiencies to use EOBRs.

Lautenberg said that rule, which was originally written by the second Bush administration, would put EOBRs in only 1 percent of the commercial trucks on the nation’s highways.

Later in the hearing, Lautenberg asked Ferro to list her top three priorities should she be confirmed.

She listed them as:

Working within the FMCSA to identify best practices to tackle the issue of driver fatigue. Placing a top priority on examining the impact of the current HOS rule and identify areas where gains could be made to advance safety. Examining the EOBR issue with the express intent of how the tool can be used to, among other things, help officers with roadside enforcement of HOS.
www.theTrucker.com