Inside This Issue...

The Federal Motor Carrier Safety Administration’s (FMCSA) Office of Analysis, Research and Technology (ART) has announced a forum titled, "FMCSA’s Analysis, Research and Technology Programs." The forum will take place on Tuesday, Jan. 15, 2008, from 8:00 am to 12:00 pm, in Virginia B&C at the Marriott Wardman Park Hotel in Washington, D.C., in conjunction with the Transportation Research Board’s (TRB) 87th Annual Meeting. The forum will highlight some of the analysis, research and technology programs being led by ART that support FMCSA’s primary mission of reducing the number and severity of commercial motor vehicle (CMV) crashes. Speaker topics will include the results of the Onboard Monitoring Safety study; an overview of the onboard safety technologies FMCSA has tested and evaluated; the results of the Violations Severity Assessment study; an update on the Employer Notification Service State Pilot Project; a review of FMCSA’s Wireless Roadside Inspection and Smart Roadside activities; and a presentation titled, “Why Trucks and Buses Collide with Cars.” If you are interested in attending the ART Forum only, click this link and complete the registration form. To register for the TRB Annual Meeting, visit www.trb.org. Individuals requiring special needs/accommodations (sign, reader, etc.), call Erica Swartz, 202-334-1232, or e-mail TRBMeetings@NAS.edu. For more information, contact Albert Alvarez at (202) 385-2387 or e-mail albert.alvarez@dot.gov.  

On Dec. 13, 2007, the U.S. Department of Homeland Security (DHS) released grant guidance and application kits for two grant programs totaling more than $35 million to assist states in preparing for Real ID implementation. The Real ID Demonstration Grant Program will provide $31.3 million for checking motor vehicle records in other states to ensure that drivers do not hold multiple licenses, and for verification against federal records like immigration status. This grant will help standardize methods by which states may seamlessly verify an applicant’s information with another state and deploy data and document verification capabilities that can be used by all states, while protecting personal identification information. The Real ID Vital Events Verification State Project Grant will provide $4 million to help verify birth certificates and other vital records. This funding complements a $3 million grant for a Real ID Pilot Project awarded to Kentucky in fiscal year 2006 that tested unique software to improve identity verification capabilities. The additional $4 million will further support and expand the pilot program, allowing other states to acquire and benefit from this or similar software that verifies birth record information for individuals applying for a Real ID driver’s license or ID card. States competing for the Real ID Demonstration Grant are encouraged to submit proposals that demonstrate how other states would be able to use, modify, or transfer a personal identification verification system or established architecture that is designed and developed through federal funding. DHS began allowing states to use up to 20 percent of the State Homeland Security Grant Program (SHSGP) for Real ID initiatives in fiscal year 2007. More than $509 million in SHSGP funding awards were provided last year. For more information and the complete application kit, visit www.grants.gov.

On Dec. 17, 2007, the House is expected to vote on a year-end appropriations package (HR 2764) that folds the remaining 11 fiscal 2008 appropriations bills into an omnibus. When combined with the $459.3 billion included in the already enacted Defense spending bill (PL 110-116), it meets Bush’s overall fiscal 2008 request of $933 billion. On Dec. 16, 2007, the House and Senate Committees on Appropriations released the FY 2008 Omnibus Summary. Direct links to subcommittee summaries are available here:

• Homeland Security Subcommittee
• Transportation, Housing and Urban Development Subcommittee (THUD)
• Commerce, Justice and Science Subcommittee. (CJS)

The CJS bill did not include language on the National Motor Vehicle Title Information System (NMVTIS) as proposed by the House. The THUD omnibus bill maintains the full $40.216 billion for SAFETEA-LU including $529.6 million for FMCSA and $837.6 million for NHTSA. The Federal Motor Carrier Safety Administration (FMCSA) will receive $25 million for the commercial driver's license (CDL) program, $25 million for Commercial Vehicle Information System Network (CVISN), $3 million for safety data improvement grants, $8 million for Commercial Driver's License Information System (CDLIS) modernization, and $5 million for the Performance and Registration Information Management System (PRISM). The National Highway Traffic Safety Administration (NHTSA) will recieve $4.0 million for National Driver Registry (NDR), $1.7 million for older driver safety, $1 million for driver licensing, $343,000 for "teens in the driver's seat" outreach and education program. The Homeland Security bill includes funding for the transportation worker identification card (TWIC), the Western Hemisphere Travel Initiative (WHTI), and the US-VISIT program. $50 million in Real ID grant funding is also provided in the bill to help states comply with Department of Homeland Security requirements for state driver's licenses to be used for federal identification purposes.

The Underage Drinking Prevention Act of 2007 (HR 4453) was introduced into the House on Dec. 11, 2007. The purpose of the bill is to establish a grant to increase enforcement of laws to prohibit underage drinking through social sources, to improve reporting of federal underage drinking data, to establish grants to increase parental involvement in school-based efforts to reduce underage drinking, and for other purposes. For more information, view the entire text of the Legislation online.

The National Highway Traffic Safety Administration released a notice proposing revisions to Model Specifications for Screening Devices to Measure Alcohol in Bodily Fluids (Model Specifications) published in the Federal Register on Aug 2, 1994 (59 FR 39382). These devices test for the presence of alcohol using breath or bodily fluids such as saliva. The Model Specifications support state laws that target youthful offenders (i.e., “zero tolerance” laws) and the Department of Transportation’s regulations on Alcohol Misuse Prevention, and encourage industry efforts to develop new technologies (e.g., non-breath devices) that measure alcohol content from bodily fluids. The notice proposes to remove testing of Interpretive Screening Devices (ISDs) and use of the Breath Alcohol Sample Simulator (BASS) device from the Model Specifications. The ISDs do not provide an unambiguous test result, as test results for ISDs are subjective and require interpretation by a test administrator or technician. Because the agency has determined the BASS device is not necessary for inclusion in the Model Specifications, this notice proposes to remove all references to the BASS device. Additionally, in order to ensure product integrity, this notice proposes guidelines for retesting devices when manufacturers contemplate changes, revisions, or upgrades to alcohol screening devices on the Conforming Products List (CPL). The proposed revisions to these Model Specifications would not affect devices currently listed on the CPL. Written comments must be received by Jan. 14, 2008. For details, view the Federal Register notice.

On July 5, 2007, the Federal Motor Carrier Safety Administration (FMCSA) published "Amendments To Implement Certain Provisions of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA–LU); Final Rule" in the Federal Register. Since this was simply an amendment, it was not put out for comment. Discussions with FMCSA indicate that many jurisdictions are not aware of the increased penalties for convictions of "Violating a driver or vehicle an out-of-service order while transporting nonhazardous materials." The effective date of the change was Sept. 4, 2007. For jurisdictions to be considered in substantial compliance, they must implement these changes "as soon as practical but, unless otherwise specifically provided in this part, not later than Sept. 4, 2010." This amendment may require jurisdiction legislative action to increase the stated penalties. Additionally, jurisdiction procedures for assessing penalties for convictions of out-of-service orders will need to be reviewed.  This will have no impact on any existing Commercial Driver's License Information System (CDLIS) messages. AAMVA has posted information detailing the impact of this SAFETEA-LU amendment online. For more information contact Greg Sensiba.

Hear U.S. Department of Justice's (DOJ) Jim Burch talk with AAMVA's Vivienne Cameron about how his agency is collaborating with AAMVA for 100 percent state implementation of the National Motor Vehicle Title Information System (NMVTIS).  And AAMVA's Vivienne Cameron highlights the importance of the recent surge in NMVTIS participation. Listen: http://pod.aamva.org.

Department of Justice's Jim Burch and AAMVA's Vivienne Cameron continue their two-part National Motor Vehicle Title Information System (NMVTIS) discussion with Jason King.  Listen as they discuss what grant monies are available, who's eligible and how, where and when to apply for them. Burch gives a heads-up on the rules. Listen:  http://pod.aamva.org.

On Dec. 12, the Department of Homeland Security (DHS) released remarks of DHS Secretary Michael Chertoff regarding 2007 accomplishments and priorities for the coming year. Chertoff remarked on both the importance of Real ID and the Western Hemisphere Travel Initiative (WHTI). DHS will begin moving to a WHTI-compliant land-crossing rule. DHS has invited a number of states and provinces in Canada to work with DHS to convert their driver's licenses into the kinds of documents that will satisfy WHTI requirements. The enhanced driver's licenses are expected be more reliable as a security measure, as well as create a less expensive means for travelers to cross borders without having to get a passport. DHS will also be moving forward with a retooled Real ID requirement in 2008. Chertoff stated that, "Although we [DHS] have paid close attention to the concerns articulated by a number of states about Real ID, and although I think the regulation we are going to be issuing within a matter of weeks will do a lot to satisfy some of these concerns about cost, I have to recognize that some people have an ideological discomfort with having Real ID driver's licenses." Chertoff encouraged debate on the issue, stating, "I have yet to hear a persuasive argument for why it is a good thing for privacy to have driver's licenses that are easily forged or counterfeited." View Chertoff's remarks online at www.dhs.gov.

Truck drivers will continue to be limited to driving only 11 hours within a 14-hour duty period, after which they must go off duty for at least 10 hours under an Interim Final Rule (IFR) made public Dec. 11 by the Federal Motor Carrier Safety Administration (FMCSA). The IFR was developed after new data showed that safety levels have been maintained since the 11-hour driving limit was first implemented in 2003. FMCSA Administrator John Hill noted that the agency also is working to finalize a proposed rule that would require drivers and trucking companies with serious or repeat hours-of-service violations to track their hours of service using electronic on-board recorders. The agency issued the new hours of service rule in response to the recent decision by the D.C. Circuit Court of Appeals vacating key provisions of the existing hours of service rules effective on Dec. 27. In order to ensure no gap in coverage of these important safety rules, this IFR temporarily reinstates those two provisions while the agency gathers public comment on its actions and the underlying safety analysis before issuing a final rule. The IFR is available at: http://www.fmcsa.dot.gov/about/news/news-releases/2007/hos.pdf.

The Federal Motor Carrier Safety Administration (FMCSA) has posted grant funding available for the implementation and maintenance of the Commercial Vehicle Information Systems and Networks (CVISN). CVISN grant funding is authorized by Section 4126 of SAFETEA–LU. The expected level of funding for CVISN in FY 2008 is $25,000,000. This is a discretionary grant program that provides funding for states and the District of Columbia to deploy, operate, and maintain elements of their CVISN programs, including commercial vehicle, commercial driver, and carrier-specific information systems and networks. The agency in each state and the District of Columbia that is designated as the primary agency responsible for the development, implementation, and maintenance of CVISN-related systems is eligible to apply for grant funding. CVISN grant information is available on www.grants.gov.

Massachusetts successfully completed the Digital Image Access and Exchange Program (DIAEP) structured testing and migrated the DIAEP functionality into production on Dec. 10, 2007. Massachusetts is now actively exchanging driver's license photos in a production environment with these other jurisdictions: Arizona, the District of Columbia, Virginia, Kentucky, Pennsylvania, and South Dakota. Funding for the DIAEP is provided by the National Highway Traffic Safety Administration (NHTSA) and will be available through November, 2008. For information on the DIAEP, contact AAMVA's Paul Blanchard via e-mail or at (703) 908-5780. Congratulations to Massachusetts for a job well done!

If you haven’t already done so, please respond to the following surveys:

• Nebraska – Loss of Consciousness/Seizure Policy (Ends 12/19/2007)
• Ohio – Online Registration Vendors (Ends 01/04/2008)
• Connecticut – Plate Production and Ordering (Ends 01/11/2008)
• Maryland – Disability Placards & Motorcycles (12/19/2007)

The AAMVA Region I Spring Planning, Board of Directors and Administrators Meeting has been scheduled for March 19-20, 2008 at the Hilton Hotel in Quebec City, Quebec. For further details, contact AAMVA Region I Vice President Nick Positano via e-mail or at (518) 664-6633.