Senate Appropriators Approve THUD Bill – Take a Shot at CSA
On June 25, the Senate Appropriations Committee led by Chairman Thad Cochran (R-MS) passed their version of the Fiscal year 2016, Transportation, Housing and Urban Development, and Related Agencies (THUD) appropriations bill. The most pertinent provisions to the brokerage industry included in the bill are:
• Require FMCSA to “prominently display” a disclaimer next to the CSA percentile rankings that would warn users that, “CSA scores are not necessarily reliable indicators of relative safety performance.”
• Continues the hours-of-service (HOS) suspension of the 34-hour restart provision, so long as FMCSA’s study, (currently in the works) shows that the provisions in the 2013-implemented hours rule yield no safety benefit.
• Require FMCSA to publish a final rule mandating the use of ELDs within 60-days of the bill’s enactment.
• Require FMCSA to publish a proposed rule to mandate speed limiters within 60-days of the bills’ enactment.
• Allows for the use of 33-foot double trailers nationwide.
The House’s version of a 2016 DOT appropriations bill did not include the deadlines for rules on e-logs or speed limiters. It did, however, include the continuation of the suspension of 2013 rules dictating use of a 34-hour hours-of-service restart and barred FMCSA from increasing the amount of liability insurance required of motor carriers. It also allows 33-foot doubles.
For clarification purposes, the TIA supported language S. 1454 will be considered for inclusion in the transportation reauthorization bill. The THUD bill is an appropriations bill that provides funding for the Department of Transportation (DOT). It can be used to implement policy changes that are based on funding by barring funds from being used in certain areas (i.e. HOS enforcement). S. 1454 would reduce liability for brokers and shippers, and is not an issue that would be addressed within a funding bill.
In order for the bill to become law now, it must first pass the full United States Senate, then pass the House and be signed by the President. Since, the House has already passed its bill, the two chambers might have to call a joint conference committee to work out the differences of the two bills.
If you have any questions, contact Chris Burroughs (burroughs@tianet.org, 703.299.5705).
