Fischer Unveils Bills to Reform FMCSA, Let Drivers Under 21 Cross State Lines

Sen. Deb Fischer (R-Neb.) has unveiled measures designed to reform the Federal Motor Carrier Safety Administration’s regulatory process, and establish a pilot program for truck drivers under age 21 to operate in interstate commerce.

Under the senator’s first bill, the “Truck Safety Reform Act,” FMCSA would be required to review rules, regulations, guidance and enforcement policies every five years and report the results to Congress.

The second piece of legislation, the “Commercial Driver Act,” would create a test program allowing states to standardize the age requirements for drivers who operate commercial motor vehicles, making it possible for those under age 21 to drive across state lines.

The FMCSA bill would aim to engage stakeholders’ participation in the agency’s rulemaking process. It also would require the agency to reach out to a large pool of stakeholders when performing a cost-benefit analysis.

The analysis would need to focus on commercial trucks and bus carriers of all sizes and would be subject to an independent peer review.

U.S. Senate Photograhic Studio

The bill, introduced June 24, has been referred to the Commerce Committee. According to background provided by committee staff, the need to reform elements of FMCSA stemmed from challenges related to the 2013 hours-of-service rule changes for truckers and to the Compliance, Safety, Accountability program deemed flawed by many industry leaders.

Fischer, chairwoman of the subcommittee on Surface Transportation and Merchant Marine Infrastructure, Safety and Security, the panel with jurisdiction over trucking regulations, is expected to comment on the bill this week.

At a hearing in March, she addressed concerns she had with the agency, saying, “FMCSA has disregarded the views of Congress, stakeholders and several independent agencies with its current agenda-driven approach to regulating our nation’s truckers. . . . It’s time for reform.”

The driver-focused bill would allow states to establish agreements that would allow drivers under age 21 to operate trucks across their borders.

Agreements must be approved by the governors, the secretary of transportation, and FMCSA.

Under federal law, individuals may obtain a commercial driver license and operate a truck at age 18 but cannot drive across state lines until they are 21.

Bill Graves, president of American Trucking Associations, applauded the legislation, saying it “helps solve two problems by expanding the pool of eligible drivers and creating employment opportunities for younger Americans.”

“It is illogical that a 20-year-old can drive the 500 miles from San Francisco to San Diego but not the eight miles from Memphis, Tennessee, to West Memphis, Arkansas, or simply cross the street in Texarkana,” Graves said.

According to ATA’s estimates, the current shortage of drivers is about 35,000 to 40,000. Because of looming retirements and people who are leaving the industry, trucking firms would need to recruit nearly 100,000 new drivers a year over the next decade to keep pace with the country’s freight demands.