Inside This Issue...

The National Highway Traffic Safety Administration (NHTSA) is requesting an extension of a currently approved information collection entitled, "General Clearance for Customer Surveys." Executive Order 12862 mandates that agencies survey their customers to identify the kind and quality of services they want and their level of satisfaction with existing services. Other requirements include the Governmental Performance and Results Act (GPRA) of 1993, which promotes a new focus on results, service quality and customer satisfaction. NHTSA will use surveys of the public and other external stakeholders to gather data as one input to decision making on how to better meet the goal of improving safety on the nation’s highways. The data gathered on public expectations, NHTSA’s products and services, and specific information on transportation safety will be used by the agency as input to structure its processes and products, forecast safety trends and achieve the goals. Comments on this request must be received on or before May 16, 2008. View the April 16 Federal Register notice for more details.

The commissioners adopted (3-1 vote) an amended version of Election Assistance Committee (EAC) Vice Chair Hunter's proposal regarding the use of Help America Vote Act (HAVA) funds. View the draft proposal and the final adopted policy on the EAC Web site. 

House leaders from both parties are pushing for an independent commission to study the earmarking process in Congress and the executive branch. The proposed commission, outlined in the Bipartisan Earmark Reform Commission Act of 2008 (HR 5755), is intended to formally define an earmark and examine the earmarking process to develop and recommend reforms that would increase transparency, equity, and fiscal responsibility in the process. The independent commission’s 12 members would be appointed by the Speaker, the House Minority Leader, the Senate Majority and Minority Leaders, and the President. They would be required to report back to Congress within six months. More details are available in a joint press release issued on April 15. View the text of the proposed legislation online.

On April 16, the Supreme Court ruled that driving drunk does not constitute a violent felony that can be used to enhance prison sentences. In the case Begay vs. United States, Begay had 12 New Mexico convictions for driving under the influence of alcohol (DUI), which state law makes a felony (punishable by a prison term of more than one year) the fourth (or subsequent) time an individual commits it. Based on these convictions, the sentencing judge concluded that Begay had three or more "violent felony" convictions and, therefore, sentenced him to an enhanced 15-year sentence. The Tenth Circuit rejected Begay’s claim that DUI is not a "violent felony" under the Act. The judgment in the case Begay vs. United States held that New Mexico's DUI crime falls outside the scope of the Armed Career Criminal Act, which would impose a special mandatory 15-year prison term upon a felon who unlawfully possesses a firearm and who has three or more prior convictions for committing certain drug crimes or "a violent felony." The opinion for the case, Begay vs. United States, is available here.

The Senate has passed the highway corrections bill (HR 1195) after voting for Senator Boxer's amendment (S.Amdt. 4146) to call for a review by the Department of Justice of allegations of violations of federal criminal law. Boxer's bill questions whether or not the alteration of a $10 million earmark in Florida in the 2005 law after the House and Senate had voted to finalize the bill represents a violation of federal criminal law.

There are several Department of Transportation grants that are available. Go to Grants.gov for more details and to apply for the Grants online:

• ITS Networking and Outreach Project (closes May 14, 2008)
• Information Center for Transportation Enhancement Activities (closes May 16, 2008)
• CVISN Deployment Grant Program (closes April 30, 2008)

The Federal Motor Carrier Safety Administration (FMCSA) has posted a listing of motor carriers taking part in the Cross-Border Demonstration Project. The list includes 21 Mexico-domiciled motor carriers and seven U.S.-domiciled motor carriers. FMCSA has notified an additional 45 Mexico-domiciled motor carriers that they have successfully passed a Pre-Authorization Safety Audit. These notifications also advise that the motor carriers must file proof of financial responsibility and designate agents for process of service before FMCSA will issue them a provisional certificate of registration to transport international cargo beyond the municipalities and commercial zones along the US-Mexico border.

The Government Accountability Office (GAO) says the Department of Homeland Security (DHS), primarily through Transportation Security Administration (TSA), has made progress in securing the aviation and surface transportation networks, but more work remains. GAO notes that with regard to surface transportation modes, TSA has taken steps to develop a strategic approach for securing mass transit, passenger and freight rail, commercial vehicles, and highways; establish security standards for certain transportation modes; and conduct threat, criticality, and vulnerability assessments of surface transportation assets, particularly passenger and freight rail. And while GAO states that these efforts have helped to strengthen the security of the transportation network, DHS and TSA still face a number of key challenges in further securing these systems. View the entire GAO report online.

The application period has opened for standing committee positions beginning Fall 2008 (committee terms are 2 years). If you're interested in submitting your name for consideration, complete the Committee Volunteer form located on the AAMVA web page. By submitting your name, we understand you have received approval from your organization/administrator to participate in AAMVA meetings, workshops, working groups, etc. Travel may be required as part of your participation. Return completed forms by COB, April 14 to AAMVA’s Jim Magruder via e-mail or fax at (703) 908-2851.

Are you getting the information you need? Are you getting it in the format you want? Let AAMVA know if the association is communicating with you effectively. Participate in a brief survey to help AAMVA assess its communications efforts. It will only take a few moments and can be accessed through the member online survey tool. Share your candid responses today!

The Federal Motor Carrier Safety Administration (FMCSA) has awarded three grants aimed at improving highway safety involving commercial vehicles. The grants, awarded to AAMVA’s Enforcement programs area, focus on reducing fatalities in work zones, increasing enforcement in rural areas, and recognizing individuals or agencies that have succeeded in improving highway safety. The use of non-MCSAP (Motor Carrier Safety Assistance Program) personnel for commercial vehicle and driver enforcement will help to maximize the resources of FMCSA and its state partners by increasing the opportunity to have contact with more carriers and drivers. The ultimate goal of the increased contact is to achieve greater reduction in large truck and bus crashes, injuries and fatalities. The Rural Roads Enforcement grant supports the U.S. Department of Transportation's (DOT) Rural Safety Initiative, which will help states and communities develop ways to eliminate the risks drivers face on America’s rural roads and highlight available solutions and resources. Both the Rural Roads and Work Zone grants will develop and deliver training programs that focus on trucks and buses geared toward law enforcement personnel whose primary role is traffic enforcement involving non-commercial vehicles and drivers. The Highway Safety Awards grant will create, educate and promote awards to those entities who achieve specific goals of improving highway safety. The program also includes the presentation of the awards and recognition of those awards in appropriate national publications.

Make plans to join AAMVA for the 2008 Fall Workshop, Oct. 27-30, in Tampa, Florida at the Hyatt Regency Tampa. Agenda and program information will be available soon! Find out first -- sign up for e-mails on Workshop Updates today!

A press event will be held on May 20 to launch the Drive $marter Challenge campaign. The event will be held at 10:30 am in the Holman Room at the National Press Club in Washington, DC. The Drive $marter Challenge campaign is being spear-headed by the Alliance to Save Energy. AAMVA is a partner in the campaign, designed to help families deal with increasing energy costs and to enlist support in reducing transportation-related emissions. The Alliance will provide, among other tools, an interactive web resource and brochures for distribution to the public. Through AAMVA’s participation, these tools will be available to motor vehicle agencies interested in joining in the effort. Please contact David Saddler for more information.