Inside This Issue...

A union-backed effort to halt a program to give U.S. truck drivers access into Mexico and allow a limited number of Mexican trucks to operate long-haul routes within the United States lacks merit according to documents filed with the U.S. Court of Appeals for the Ninth Circuit on Thursday, Aug. 30.  The documents were filed on behalf of the Federal Motor Carrier Safety Administration (FMCSA) in response to an emergency stay request filed by the Teamsters and other groups yesterday. The government argues that the court should not issue a stay “in light of the petitioner’s failure to show any irreparable injury.”  The filing notes that Mexican trucks have a safety record that meets and in some cases exceeds the safety record of U.S. trucks, adding that the Department’s cross border truck demonstration program will have no impact on safety, given the thorough pre-screening and safety inspections that every truck from Mexico will have to endure before being allowed to travel into the United States and beyond the existing commercial border zones. More details area available in the press release issued by the Department of Transportation.

On Sept. 4, the Department of Homeland Security (DHS) reminded air carriers and the traveling public that the temporary Western Hemisphere Travel Initiative (WHTI) accommodation allowing U.S. citizens to travel by air within the Western Hemisphere using a Department of State (DOS) official proof of passport application receipt will end as scheduled at midnight on Sept. 30, 2007. U.S. citizens who departed the country under this travel accommodation prior to Oct. 1 with a DOS official proof of passport application receipt and government-issued identification will be readmitted with these same documents if returning to the United States after Sept. 30. Effective Oct. 1, 2007, U.S. Citizens traveling by air to Canada, Mexico, the Caribbean, and Bermuda must present a passport or other WHTI-compliant documentation to enter or depart from the United States. It is always strongly recommended that U.S. Citizens verify the specific documentary requirements for their destination country. For more information about WHTI approved travel documentation, visit www.dhs.gov. For information on obtaining a U.S. passport, go to www.travel.state.gov.

On Sept. 5, the House (and Senate concurrently) passed a resolution (H.R. Con. Res. 165) that supports the goals and ideals of National Teen Driver Safety Week. The resolution encourages the United States to observe the week with activities that promote licensed teenage drivers to drive safely. View the entire resolution online.

More than $128 million in additional emergency relief funds is now available to pay for repairs to roads and bridges damaged by a variety of natural and other emergencies, announced U.S. Transportation Secretary Mary E. Peters on Sept. 5. The funds will go to seven states and other federal facilities, like parkways, to pay for damages caused by storms, floodings and earthquakes. The Federal Highway Administration (FHWA) will reimburse the states for expenses associated with these emergency situations. The funds will be used to reimburse states for fixing or replacing damaged highways and bridges, establishing detours, removing debris and replacing signs, lighting and guardrails. The emergency relief funds are part of an emergency appropriations package in the amount of $871 million, signed into law by President Bush in September 2005, to supplement FHWA's emergency relief program. The current release of funds, in addition to $675 million provided earlier this year, brings the total provided to more than $803 million with the balance still available to states upon request. The program is used to reimburse states for certain costs resulting from natural disasters or other emergencies. A table detailing the funds can be seen at http://www.dot.gov/affairs/fhwa1507.htm.

On Sept. 6, the Department of Transportation (DOT) announced that Stagecoach Cartage and Distribution from El Paso, Texas, was given approval to operate in Mexico, and Transportes Olympic of Nuevo Leon, was cleared to operate in the U.S., marking the start of a year-long cross border demonstration project that will allow U.S. trucking companies to operate in Mexico for the first time, and change the way a select group of Mexican trucking companies operate in the United States. The cross border trucking demonstration project was cleared to begin on Sept. 6, with the release of the U.S. DOT Inspector General’s (IG) official report on the safety of the program and the DOT's response to this report, which also was submitted to Congress. The report confirmed the Federal Motor Carrier Safety Administration (FMCSA) has taken the necessary steps to ensure the safe implementation of the demonstration project. In the first 30 days of the program, 17 trucking companies from Mexico will be given operating authority. Each subsequent month until December, additional companies will be added if they pass FMCSA’s rigorous inspection process and after a public comment opportunity. No more than 100 Mexican companies will be permitted in the project. Every company, vehicle and driver is subject to a significant and rigorous safety inspection prior to being admitted to the demonstration project. The DOT Inspector General’s report and the DOT's response to the IG’s report can be found on the FMCSA Web site.

While the House passed the Safe Accountable Flexible Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) Corrections bill before the August recess, the Senate failed to pass it before adjourning. Over the August recess, the Department of Transportation redistributed unused highway obligation limitation, making it nearly impossible to rearrange the funding priorities in FY 2007 as the House-passed bill does, thus requiring a rewrite of the corrections bill.

In testimony before the House Committee on Homeland Security on Sept. 5, 2007, Department of Homeland Security (DHS) Secretary Michael Chertoff stated that "secure driver's licenses are essential for secure identification." Chertoff reiterated that the DHS will continue to move forward on the Western Hemisphere Travel Initiative (WHTI) and will also work to achieve its goal to make enhanced driver's licenses fulfill the requirements of Real ID. As early as the summer of 2008, DHS will start to require WHTI-compliant credentials -- a passport, PASS card, a NEXUS card, or other acceptable documents as defined in the final rule. DHS will provide at least 60 days notice before final implementation. As part of WHTI, DHS is also working with the states to develop an enhanced driver's license (DL). Since they will serve as an alternative to a passport or passport card at land and sea borders, enhanced DLs will only be issued to U.S. citizens. Last March, in accordance with the Real ID Act, DHS announced a rule was proposed specifying minimum standards for state-issued DLs and identification cards to be accepted for federal purposes, such as air travel. Chertoff stated that "Through Real ID, we're not only preserving people's privacy but strengthening it. By improving the quality of our ID documents, we're protecting against one of the fastest growing crimes in America today -- the crime of identity theft. There is no greater violation of privacy than when criminals gain total access to personal information in the process of stealing someone's identity. In the same vein, Real ID should also offset the cost of reissuing new licenses through the savings that people will realize by the reduction of identity theft crimes."  View the entire testimony on the DHS Web site.

In announcing the Congressional agenda for the next five weeks, Senate Majority Leader Harry Reid said that he hopes the Senate can pass the Transportation-HUD appropriations bill (HR 3074) prior to Sept. 12.

The Election Assistance Commission held a public meeting and hearing on Sept. 6 to discuss the regulatory authority under the National Voter Registration Act (NVRA) and consider approving a process for adopting NVRA regulations. Commissioners will also consider revising a Help America Vote Act (HAVA) funding advisory on Maintenance of Effort (MOE) requirements and discuss other administrative matters. Participant testimony and public comments will soon be available at http://www.congressweb.com/t/l/?YOYEHMCFJHPIVRX.

The Federal Motor Carrier Safety Administration (FMCSA) would like to remind jurisdictions that they should be adhering to the Code of Federal Regulations Part 49 Section 384.210, which states that a jurisdiction must not issue a commercial driver's license (CDL) to an applicant whose driver’s license status in the current State of Record is withdrawn for any reason. An incorrect guideline published in AAMVA's 2005 ACD Implementation Guide inaccurately reflects that states can, in fact, perform a Change State of Record (CSOR) transaction on a disqualified driver if the driver was withdrawal for a non-ACD reason. 

For more information on the FMCSR codes and guidelines, visit the "Frequently Asked Questions" section of the AAMVA Web site.

If your jurisdiction has additional questions about these issues, contact the AAMVA Operations Help Desk via e-mail, or at (888) AAMVA80. 

On Sept. 4, Bonnie Rutledge, Chair, Real ID Steering Committee announced the Committee's recommended strategy for the anticipated DHS Real ID Grant Application process via a letter sent to all chief administrators. Members of the Steering Committee have coordinated efforts for the jurisdictions to have a positive impact on DHS and the rulemaking process. Based on recent communication from DHS, it is expected that when the final rule (or interim final rule) comes out a good number of the jurisdictions' concerns will be addressed. It is expected that the DHS will be announcing the 2007 DHS Real ID Demonstration Grant Program. The Steering Committee is recommending that the community pursue a strategy of presenting a unified front and submitting only one grant application on behalf of all jurisdictions. There is only about $31 million in grant funds nationally. The Steering Committee is recommending that the initial $31 million in seed money be spent on developing the central infrastructure necessary to support the creation of the verification systems. The Committee believes that using AAMVA to facilitate a central approach—where all jurisdictions can readily implement SAVE access, and the One Driver One Record system required under the law—is the most efficient use of the scarce resources available. 

It is anticipated that DHS will seek additional funding for Real ID Implementation from Congress and that future grant opportunities will be available to fund other pilot projects and to assist jurisdictions in developing access to the central system developed by AAMVA. It is anticipated that the verification systems will play a major role in the forthcoming regulations. Building this central architecture is the necessary prerequisite to jurisdictions being able to implement that portion of the law and to being able to develop their individual compliance plans.

Please contact Bonnie Rutledge for any additional information or if you are willing to share information about your jurisdiction's plans.

To provide AAMVAnet customers with the latest technologies and services, AAMVA is upgrading our Wide Area Network from a Frame-Relay based architecture to a more robust MPLS (Multi-Protocol Labeling Switching) architecture. Network testing will be performed on the following dates and times. Complexities of this testing will call for extended outages beyond the normal Sunday 2am to 5am maintenance windows.

Maintenance Dates/Times:

• Sunday, 9/16, 2am to 3pm (ET)
• Sunday, 9/23, 2am to 3pm (ET)
• Sunday, 9/30, 2am to 3pm (ET)

During these times, AAMVA applications and services will not be available. Operational support will be available during these times at the following numbers: Operations - (888)226-8280, option 3; Infrastructure - (703)908-2800. While outages are planned until 3pm each day, it is possible that services may be restored earlier. All AAMVAnet customers will be notified as soon as services are once again available.

Should any customer have a potential conflict or to answer any questions, “Town Hall” conference calls have been scheduled for Sept. 11 at 1:00pm and Sept. 13 at 3:00pm (ET). For the conference call numbers and PINs, and for any further details about the scheduled test plans, view the AAMVA Test Plan Notification document on AAMVA's Web site. 

Take your professional training and skills to a higher level; sign up today for the FDR Instructor Certification Course with AAMVA University. The course is tentatively scheduled to be held in Arlington, Va., from Oct. 22 to Oct. 26, 2007. Dates will be confirmed upon receipt of a minimum of 10 registrations; the deadline for which is Oct. 5. The prerequisite for enrollment is successful completion of the FDR Level II Course, which comprises Levels I&II. AAMVA University can also provide training at your jurisdiction's facility. Visit www.aamva-u.org for details on how to register, or contact aamvauniversity@aamva.org.