The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.
“REAL INTERSTATE DRIVER EQUITY ACT OF 2001” mentioning the U.S. Dept. of Transportation was published in the House of Representatives section on pages H8083-H8085 on Nov. 12, 2002.
The publication is reproduced in full below:
REAL INTERSTATE DRIVER EQUITY ACT OF 2001
Mr. PETRI. Mr. Speaker, I move to suspend the rules and concur in the Senate amendments to the bill (H.R. 2546) to amend title 49, United States Code, to prohibit States from requiring a license or fee on account of the fact that a motor vehicle is providing interstate pre-
arranged ground transportation service, and for other purposes.
The Clerk read as follows:
Senate amendments: Page 3, strike out lines 1 through 7 and insert:
``(i) transportation by the motor carrier from one State, including intermediate stops, to a destination in another State; or
``(ii) transportation by the motor carrier from one State, including intermediate stops in another State, to a destination in the original State.
``(2) Intermediate stop defined.--In this section, the term
`intermediate stop', with respect to transportation by a motor carrier, means a pause in the transportation in order for one or more passengers to engage in personal or business activity, but only if the driver providing the transportation to such passenger or passengers does not, before resuming the transportation of such passenger (or at least 1 of such passengers), provide transportation to any other person not included among the passengers being transported when the pause began.
Page 3, line 8, strike out ``(2)'' and insert ``(3)''
Page 3, line 18, strike out ``require'' and insert
``require, in a nondiscriminatory manner,''.
Page 3, line 22, after ``to'' insert ``pre-licensing drug testing or''
Page 3, line 24, strike out all after ``domiciled,'' down to and including ``or'' in line 25.
Page 4, line 2, after ``service,'' insert ``or by the motor carrier providing such service,''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from Wisconsin (Mr. Petri) and the gentleman from Minnesota (Mr. Oberstar) each will control 20 minutes.
The Chair recognizes the gentleman from Wisconsin (Mr. Petri).
Mr. PETRI. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, the Real Interstate Driver Equity Act of 2001, known as H.R. 2546, was introduced by our colleague the gentleman from Missouri
(Mr. Blunt). This legislation is needed to solve a problem that arises when a for-hire vehicle, usually a limousine or sedan, travels across a state line in interstate commerce.
As the law is written today, State and local jurisdictions can require for-hire vehicles to be licensed in multiple States. In some cases, if they do not pay for additional licenses, the for-hire vehicle can only drop its passenger in another State. They cannot make incidental stops or return the same passenger to his original departing State.
For example, a traveler might arrange to be picked up at an airport. On the way home to another State, a common occurrence in Washington, D.C. and in many other communities, the traveler might wish to stop and have dinner within the State he arrived in. This sounds reasonable. What could be the objection? Unfortunately, that stopover could result in the for-hire car being towed, ticketed and impounded. The traveler would be stranded, the car service is left without a vehicle and faces hundreds or even thousands of dollars in fines and in fees.
This is not a fair practice, and H.R. 2546 corrects the problem. For-
hire car services providing prearranged ground transportation should be able to engage in interstate commerce. However, some restrictions currently in place would still apply. For example, this legislation does not allow a carrier to operate in another jurisdiction with new clients that were not pre-arranged as though they were licensed within that jurisdiction. The bill also protects the right of transportation terminal operators to provide preferential access and for States to require criminal background checks.
This bill does not provide any direct financial relief for the hard-
hit ground transportation industry. However, it does reduce an unnecessary burden and will increase choice, sufficiency and convenience for consumers.
The bill was reported by the House Committee on Transportation and Infrastructure on November 7, 2001, and passed the House on November 13 of that year. Last month the Senate amended the bill slightly by more specifically defining intermediate stops and making some other minor technical corrections. These changes are agreeable to the House sponsors of the legislation and to the Committee on Transportation and Infrastructure, and I urge the House to pass H.R. 2546 today.
Mr. Speaker, I reserve the balance of my time.
Mr. OBERSTAR. Mr. Speaker, I yield myself such time as I may consume.
(Mr. OBERSTAR asked and was given permission to revise and extend his remarks.)
Mr. OBERSTAR. Mr. Speaker, I express my great appreciation to the distinguished gentleman from Wisconsin (Mr. Petri) for moving this legislation, and, of course, to the Chair of the full committee for moving the bill through subcommittee, the full committee and getting it to the floor today.
This legislation bears a rather disarming title, the Real Interstate Driver Equity Act. The title itself belies the rather intense feelings that accompany this legislation and generated it, in fact, and that we are able to bring the bill to the floor today is something of a marvel in itself, because it really has meant bridging some very serious differences among States.
The gentleman from Wisconsin (Mr. Petri), the chairman of the subcommittee; the gentleman from Pennsylvania (Mr. Borski), the ranking member; the gentleman from New Jersey (Mr. Pascrell) and the gentlewoman from Nevada (Ms. Berkley), all have had a role, as has the gentleman from New Jersey (Mr. Menendez) and the gentleman from New York (Mr. Nadler), all of whom have had a hand in resolving this issue.
Under current law, for-hire limousines can be regulated by numerous local jurisdictions while operating in pre-arranged interstate commerce. Service usually involves short distance transportation between neighboring States.
To avoid unnecessary duplication, the bill prohibits a State, a local government or an interstate agency, from enacting or enforcing any rule, whether a law or regulation, that requires a license or a fee on a motor vehicle with a seating capacity not to exceed 15 passengers, including driver, in providing prearranged ground transportation services.
However, the State or local jurisdiction is not prohibited from requiring a criminal background investigation prior to the driver picking up a passenger within its jurisdiction. That was one of the points of contention I am glad we were able to get resolved, particularly in this era of concern about terrorism.
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The gentlewoman from Nevada (Ms. Berkley) raised an important issue during committee consideration of the bill. To meet those concerns, nothing in the bill will restrict the rights of a State or locality from regulating limousine operators who enter competition with local taxicab operators. States and localities retain the right to regulate those kinds of operations. The bill provides that at intermediate stops, interstate limousine drivers must not perform any transportation service for an additional passenger or group of passengers while waiting to carry their first passenger to his or her destination.
There are other provisions to reflect the Senate amendment that adds clarifying language consistent with the legislative intent in the House report.
Mr. Speaker, I rise in support of H.R. 2546, the Real Interstate Driver Equity Act of 2001. I want to thank the chairman of our full committee, Mr. Young, the Chairman and Ranking Member of our Subcommittee, Mr. Petri and Mr. Borski, the gentleman from New Jersey, Mr. Pascrell, and the gentlewoman from Nevada, Ms. Berkley, for their support of this legislation. The committee worked on this bill for well over 2 years and, finally, we have an agreement that has the support of Members on both sides of the Capitol.
Under current law, for-hire limousines can be regulated by multiple local jurisdictions while operating in prearranged interstate commerce. This service generally involves short distance transportation between neighboring states, and dual regulation has created confusion and difficulties for the operators. To avoid unnecessary duplication of regulation of these operations, this bill prohibits a State, local government, or interstate agency from enacting or enforcing any rule, whether it is a law or regulation, that requires a license or fee on a motor vehicle with a seating capacity not exceeding 15 passengers, including the driver, that is providing prearranged interstate ground transportation service. However, a state or local government may not be prohibited from requiring a criminal background investigation prior to any driver picking up passengers within its jurisdiction for interstate transportation. I believe that this is a sound approach, and I support the bill.
The gentlelady from Nevada, Ms. Berkley, raised an important issue during committee consideration of the bill. To meet her concerns, nothing in the bill restricts the rights of a State or locality from regulating limousine operators who enter into competition with local taxicab operators. States and localities retain the right to regulate these kinds of operations. The bill provides that at intermediate stops, interstate limousine drivers must not perform any transportation service for an additional passenger, or group of passengers, while waiting to transport the first passenger to his or her destination.
To deal with other concerns that have been raised, the bill does not prohibit airport, train, or bus terminal operators from providing preferential access or facilities to one or more providers of pre-
arranged ground transportation service. In addition, the bill makes it clear that taxicab services in a vehicle having a capacity of not more than 8 passengers, including the driver, are exempt from the economic and minimum liability regulations of the Federal Government.
The Senate amendment to the bill primarily adds clarifying language consistent with the legislative intent expressed in the House report. The only major substantive change involves pre-licensing drug testing. The House passed bill reserves the right of a State or local government to require a criminal background check of the driver. The Senate amendments adds pre-licensing drug testing of drivers to the same provision and provides that both are to be conducted by the State where the driver is licensed, or by the motor carrier providing the service.
Mr. Speaker, I believe the Senate amendments improve the bill, and I urge my colleagues to support final passage.
Mr. Speaker, I yield back the balance of my time.
Mr. PETRI. Mr. Speaker, I thought I would have another speaker in the form of the gentleman from Missouri (Mr. Blunt), who is the author of this bill, but he is at the White House at an important meeting, and I am sure he will insert remarks in the Record outlining his support for this legislation.
Mr. YOUNG of Alaska. Mr. Speaker, I rise in support of the Real Interstate Driver Equity Act of 2001, H.R. 2546, as amended by the Senate.
This legislation has been under consideration for more than 3 years now, and I am glad that we have been able to find a fair and agreeable solution in the waning days of the 107th Congress.
I want to especially recognize my colleague from Missouri, Mr. Blunt, who sponsored this bill and has championed the cause of for-hire motor carriers. I believe this legislation will remove barriers to passenger choice and effective management of transportation services.
Mr. ANDREWS. Mr. Speaker, let me begin by thanking the gentleman from Missouri Mr. Blunt, without whom this legislation would not have gotten on the floor; his legislative skill and his partnership in this effort are truly appreciated, and I thank the gentleman for his work.
I also want to thank my friend and constituent Don Kensey who first brought this to my attention several years ago in my office in New Jersey with various members of the National Limousine Association and the South Jersey Limousine Association.
I am extremely pleased to see that the other body has favorably passed H.R. 2546. The Real Interstate Driver Equity Act, REAL Act, embodies the tireless efforts of many interested parties in upholding Congress' long-standing commitment to the free-flow of goods and services across this Nation. The unnecessary burdens of interstate restrictions on the sedan and limousine industry, of which over 80 percent are small businesses, will now be removed with the passage of H.R. 2546.
In a time where there is much uncertainty about the state of our economy, this legislation provides small business owners with a chance to compete on a fair playing field. Fairness, that is long overdue.
Again, I would like to extend my many thanks to the gentleman from Missouri, Mr. Blunt, other colleagues and my constituents for their underlying help in bringing the REAL Act to the House floor today. I urge my colleagues to give an affirmative vote and pass this legislation.
Mr. BLUNT. Mr. Speaker, traveling by limousine is increasingly popular among business travelers who appreciate the security and predictability that come with pre-arranged limousine and sedan service. Women are increasingly turning to these services because they provide a measure of safety and security that is not always found by hailing a cab in a strange city.
A substantial portion of their service occurs interstate. Limousine and other prearranged ground transportation service providers are frequently assessed registration and licensing fees by these other states. Enforcement of these requirements, including vehicle impoundment and heavy fines, has caused tremendous hardship to drivers and owners of these businesses, many of which are small, single vehicle operations, over 80 percent, are 1- to 3-car operators grossing less than $500,000 a year.
H.R. 2546 rectifies this burden. It prohibits states other than a home licensing state from enacting or enforcing a law requiring a fee or some other payment requirements on vehicles that provide prearranged ground transportation service.
H.R. 2546 prohibits States or localities from restricting limousine or sedan services if: (1) the service is registered with the Department of Transportation as an interstate carrier; (2) the company meets all the requirements of the state in which they are domicile or do business; and (3) the limousine or sedan service is engaged in providing pre-arranged transportation from one state to another, including round trips.
Mr. PETRI. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore (Mr. Kolbe). The question is on the motion offered by the gentleman from Wisconsin (Mr. Petri) that the House suspend the rules and concur in the Senate amendments to the bill, H.R. 2546.
The question was taken; and (two-thirds having voted in favor thereof) the rules were suspended and the Senate amendments were concurred in.
A motion to reconsider was laid on the table.
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