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Press Release

Transit Safety Bill Introduced in House

Oberstar, DeFazio introduce Administration bill by request

February 23, 2010

 

By Jim Berard 202-226-5064

The Obama Administration’s bill to give the federal government jurisdiction over transit safety was introduced late Monday in the House of Representatives.

Full Committee Chairman James L. Oberstar (Minn.) and Subcommittee on Highways and Transit Chairman Peter A. DeFazio (Ore.) introduced the bill at the request of the Department of Transportation. The bill’s number is H.R. 4643.

Chairman Oberstar’s introductory statement follows:

HON. JAMES L. OBERSTAR OF MINNESOTA IN THE HOUSE OF REPRESENTATIVES February 22, 2010

Madam Speaker, together with Highways and Transit Subcommittee Chairman Peter A. DeFazio and the gentlewoman from Maryland (Ms. Edwards), I rise today to introduce H.R. 4643, the “Public Transportation Safety Program Act of 2010”, by request of Secretary of Transportation Raymond H. LaHood. I commend the Department of Transportation (DOT) for focusing its first legislative proposal on improving transit safety, and I am pleased to work together with Secretary LaHood and Federal Transit Administrator Peter M. Rogoff on this important initiative.

Currently, public transportation remains one of the safest modes of passenger travel. In recent years, the fatality rate for rail transit systems – such as subways and light rail – has decreased to just .002 fatalities per 100 million passenger miles. This is one of the lowest fatality rates of all surface transportation modes. At the same time, Americans are riding transit at record levels. The growth in transit ridership is almost triple the growth rate of the population, and substantially more than the growth rate for vehicle miles traveled on our nation’s highways. This public transportation renaissance taking place in cities large and small across America further elevates the importance of transit safety, while also spotlighting an issue that is inextricably linked to safety – the state of good repair of public transit systems.

Unfortunately, the state of good repair of many transit systems has not kept up with the influx of new riders. Maintenance levels at many public transit agencies have decreased to a point where older, less safe rail cars, tracks, electrical equipment, and other assets are left in service long after their useful life. According to the Federal Transit Administration (FTA), more than one-third of the total assets of the largest rail systems in the country are in either marginal or poor condition, and the estimated maintenance backlog for the nation’s rail transit systems exceeds $80 billion. According to DOT’s 2008 Status of the Nation’s Highways, Bridges, and Transit: Conditions and Performance, an average of $21.1 billion in annual capital investment is needed to bring all transit assets to a good condition by 2026. This level of investment represents an annual increase of $8.3 billion – an increase of 64.8 percent – above current capital investment levels.

In addition to addressing this maintenance backlog, the Federal Transit Administration should strengthen its role in rail transit safety oversight. Currently, there are no nationwide mandatory minimum standards for rail transit safety. Unlike the Federal Aviation Administration and the Federal Railroad Administration, the Federal Transit Administration does not have the authority to directly regulate public transit systems. Instead, FTA oversees a State Safety Oversight (SSO) program which puts the safety oversight and enforcement responsibility for rail transit systems on States rather than the Federal Government. However, the legal authorities of the various state oversight agencies are limited and vary widely from State to State. According to a Government Accountability Office (GAO) report in 2006, some States employ as few as 0.1 or 0.2 full-time equivalent positions dedicated to the safety of rail transit systems they are required to oversee. GAO also found that many SSOs lack sufficient financial resources and independence from the transit systems under their purview. The relationship between the Federal Government and States is a partnership, and a culture of safety must permeate this relationship, including at the Federal level. As in all partnerships, when one partner does not do his or her job well, the other must step in to help achieve their shared goals.

I commend the Obama administration for acknowledging the shortfalls of the current state-based safety system and I believe that the Department’s proposal represents much needed improvements. It will assure that each State has an adequate number of fully-trained staff, that it has sufficient authority granted by the state legislature and governor, that it can compel compliance by the transit agencies, and that the state oversight entity has financial independence from the transit systems it oversees. I think those are reasonable propositions. Safety is our number one responsibility in transportation.

I would also like to applaud Secretary Ray LaHood for his leadership on this critical safety issue, and for directing DOT to take intermodal initiatives to enhance transit safety. This is a non-partisan issue – protecting human life from injury or death. I appreciate the Secretary’s decision to create a new, internal safety council designed to enhance the culture of safety at the Department. At a very basic level, we need to ensure that passengers feel completely safe as they board rail transit systems, as ensuring safety is a key component of creating livable communities, which is a goal that both Secretary LaHood and I share.

I look forward to working with the Department of Transportation on this proposal during consideration of the comprehensive, long-term surface transportation authorization bill. Improving transportation safety across all modes is a core principle of H.R. 4643, the “Surface Transportation Authorization Act”, and I look forward to working with the Administration to further strengthen its transit safety provisions.


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Click here for background information, including testimony and video, from the Dec. 8, 2009 hearing on the federal role in public transit safety.