On December 17, 2009 the Senate Commerce and Transportation Committee passed S. 554: Motorcoach Enhanced Safety Act of 2009. It now is set to go to the full Senate. All outdoor programs should be aware of this bill and its potential impact on your program.

The full language of the bill that is of concern is show below.

SEC. 7 IMPROVED COMMERCIAL DRIVER’S LICENSE TESTING.

(b) Modification of Requirements for Commercial Driver’s License Passenger-Carrying Endorsement- The Secretary shall establish by regulation a requirement that a driver shall have a commercial driver’s license passenger-carrying endorsement in order to operate a commercial motor vehicle and transport not less than 9 and not more than 15 passengers (including a driver) in interstate commerce for compensation.

SEC. 10. COMMERCIAL MOTOR VEHICLE SAFETY INSPECTION PROGRAMS.

(1) PROGRAM REQUIRED- In order to receive a grant pursuant to section 31102 of this title, a State shall conduct an annual safety inspection program for commercial motor vehicles, including motor carriers transporting not fewer than 9 and not more than 15 passengers (including a driver), that receives approval from the Secretary pursuant to paragraph (3).

While much of the legislation is admirably designed to improve safety in commercial buses the proposed requirement in Section 7 that Commercial Driver's Licencense (CDLs) be required for drivers operating 9-15 passenger vehicles across state lines will have significant implications for outdoor programs across the United States. Many outdoor programs have moved away from 15-passenger vans to 10-12 passenger vehicles and up to now have been exempt from CDL requirements since their primary business is not 'transportation for hire.' Should this law pass in its current form many programs would be unable to provide enough CDL-qualified drivers to operate. This is especially true for college and university programs that often utilize student drivers.

The proposed requirements for annual safety inspections outlined in Section 10 of the bill could also have cost and other implications for outdoor programs.

A number of groups including American Camp Association, America Outdoors, the Trade Association of Paddlesports and others have commented on the bill, most taking the stand the the bill is overly broad and that the requirements as stated would have a significant negative impact on outdoor programs around the country.

OutdoorEd.com wants to encourage all outdoor professionals write your congress person now to recommend ammendments to the bill. It's very easy. The first step is to identify your Senators. Go to www.congress.org and find the GET INVOLVED section in the middle of the page. Enter your zip code to find your Senators and how to contact them. You can use the online Web Contact form to contact your Senators directly.

The following language has been suggested.  It can be modified to address the specific needs of outdoor programs, outfitters, camps, and college outdoor programs.

 

The Honorable (insert name)
United States Senate
Washington, DC 20510

Dear Senator ________________

I am writing to express concerns about provisions in S. 554 which require enhanced Commercial Driver's Licenses (CDL) for drivers of 9 to 15 passenger vans operated by small businesses that cross state lines. The proposed legislation requires a CDL and vehicle inspections even if transportation is incidental to the purpose of the business.  This new regulatory requirement will make it very difficult for small businesses like mine to find drivers with CDLs.  The legislation also requires increased training and testing requirements for CDL drivers.  Ironically, a business providing similar services in competition with mine whose vans do not cross state lines will not be required to obtain CDL's for van drivers.

We believe many small businesses such as ours are being caught in a regulatory net cast for other transportation providers, where transportation is the primary purpose of the business.  The CDL requirement, with its more stringent testing requirements, may force some outfitters and guides providing recreation services out of business.

Therefore, I am urging you to support provisions that exempt outfitting and guiding businesses from the CDL and inspection requirements where transportation is not the primary purpose of the business.  For example, our primary service is providing outfitting and recreation services. We transport our customers to an area where the services are provided and sometimes cross state lines to do so.

Below, please support inclusion of the following modifications to the legislation.

Section 7 B - MODIFICATION OF REQUIREMENTS FOR COMMERCIAL DRIVER'S LICENSE PASSENGER-CARRYING ENDORSEMENT.

At the end of the paragraph insert: In establishing such regulations, the Secretary shall not require a driver to have such an endorsement where the transportation of passengers by motor vehicle for compensation is not the principal line of business of the motor carrier providing the transportation service.

Section 10 - COMMERCIAL MOTOR VEHICLE SAFETY INSPECTION PROGRAMS

(a) (1) at the end of the paragraph insert

(a)(1) Annual Inspection Program please add: In establishing such regulations, the Secretary shall not require a motor carrier to have such an inspection where the transportation of passengers by motor vehicle for compensation is not the principal line of business of the motor carrier.

Thank you for your support for small business.  I look forward to hearing from you about this matter.

Sincerely,