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Published: July 25, 2008
WASHINGTON - House lawmakers scolded federal regulators Thursday for failing to implement recommendations made in 2001 that were designed to keep medically unfit commercial truck and bus drivers off the nation's highways.
House Transportation and Infrastructure Committee Chairman James Oberstar, D-Minn., told Rose McMurray, the chief safety officer for the Federal Motor Carrier Safety Administration, that deaths and injuries caused by medically unfit drivers are "on your conscience" because the agency has taken so long to act.
"I think if your agency had a safety mission and a safety mindset it wouldn't have taken you eight years," Oberstar told McMurray at a hearing, demanding that she "carry back to your agency" his message to "get people moving."
He said the agency's efforts to fulfill the eight recommendations made by the National Transportation Safety Board "have been begrudging and painstakingly slow. ... The progress has been just about negligible."
Some Progress
McMurray said the agency has proposed one rule and is close to proposing another to address two of the recommendations - to merge the licensing and medical certification of commercial drivers, and to create a national registry of examiners approved to issue medical certificates - and has made progress on two other recommendations.
She said it will be about three years, however, before progress is evident on the remaining four recommendations.
"We have to make sure we do this right and we have to ensure there are not unintended consequences," McMurray said.
The NTSB made the recommendations in response to a 1999 motor coach accident in New Orleans that killed 22. In that accident, the NTSB said the bus driver, Frank Bedell, 46, suffered life-threatening kidney and heart conditions but held a valid license and medical certificate. A passenger recounted seeing the driver slumped in his seat moments before the crash.
The NTSB recommended that examiners who certify drivers as medically fit be qualified and know what to look for, and that a system be set up to track medical certificate applications and prevent drivers from doctor shopping.
Medical Certificates Easy To Fake
A study by the House committee found that it's so easy to fabricate the medical certificates required to operate commercial trucks and buses that there's almost no incentive for drivers to obtain a legitimate document.
There are so few controls over how drivers obtain medical certificates that it's "relatively easy for a motivated commercial driver to circumvent the physical examination requirement," the study said. Nor is there any database or central repository that would allow state inspectors to verify the legitimacy of a medical certificate.
"Because so few attempts are made to authenticate a certificate, there is little risk that a driver will be caught if he or she forges or adulterates a certificate," the study said.
The study was based on a sample of 614 medical certificates obtained from truck drivers at roadside inspections in California, Illinois and Ohio. The committee's staff attempted to contact the examiners named on the medical certificates but could only verify 407 as valid.
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