CONTENTS Page Cox, Ernest G., Chief, Section of Motor Carrier Safety, Interstate Com- Goff, Hon. Abe McGregor, Vice Chairman, Interstate Commerce Com- OPERATION OF MOTOR VEHICLES BY DISABLED PERSONS TUESDAY, MAY 14, 1963 HOUSE OF REPRESENTATIVES, SUBCOMMITTEE ON TRANSPORTATION AND AERONAUTICS OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE, Washington, D.C. The subcommittee met at 10:50 a.m., pursuant to call, in room 1334, Longworth Building, Hon. John Bell Williams (chairman of the subcommittee) presiding. Mr. WILLIAMS. Our bill for consideration today is H.R. 827, which would amend the Interstate Commerce Act so as to permit certain disabled persons to operate motor vehicles in interstate commerce. (H.R. 827 along with agency reports follow :) [H.R. 827, 88th Cong., 1st sess.] A BILL To amend the Interstate Commerce Act to provide that disabled persons meeting certain requirements may not be prohibited from operating motor vehicles in interstate or foreign commerce under certain rules and regulations of the Interstate Commerce Commission Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That subparagraph (1) of section 204 (a) of the Interstate Commerce Act (49 U.S.C. 304) is amended by inserting immediately before the period at the end thereof the following: "; except that no individual who has suffered the loss of a foot, leg, hand, or arm, or impairment or loss of hearing shall be prohibited from operating any motor vehicle in interstate or foreign commerce under any rule or regulation of the Commission prescribed under this subparagraph or subparagraph (2), (3), or (3a) of this subsection if such individual has been examined by a doctor of medicine or osteopathy admitted to the practice of medicine or osteopathy in a State and such doctor determines that such loss or impairment will not prevent such individual from safely operating such vehicle". EXECUTIVE OFFICE OF THE PRESIDENT, BUREAU OF THE BUDGET, Washington, D.C., May 14, 1963. Hon. OREN HARRIS, Chairman, Committee on Interstate and Foreign Commerce, DEAR MR. CHAIRMAN: This is in reply to your request of February 19, 1963, for a report on H.R. 827, a bill to amend the Interstate Commerce Act to provide that disabled persons meeting certain requirements may not be prohibited from operating motor vehicles in interstate or foreign commerce under certain rules and regulations of the Interstate Commerce Commission. We are completely in accord with the objective of the bill to allow disabled individuals to operate motor vehicles in interstate commerce to the maximum extent consistent with safety. However, the Interstate Commerce Commission now has the responsibility for setting standards for drivers to assure the safe operation of motor vehicles. We are certain that whenever it is established that certain disabled drivers can safely operate motor vehicles, the Commission will revise its standards accordingly. In general, we do not believe it wise to enact legislation requiring a regulatory agency to take a specific action affecting safety which is already within that agency's authority, responsibility, and expert knowledge. For these reasons, we cannot recommend favorable consideration of H.R. 827. Sincerely yours, PHILLIP S. HUGHES, Assistant Director for Legislative Reference. Hon. OREN HARRIS, DEPARTMENT OF HEALTH, EDUCATION, AND Welfare, Chairman, Committee on Interstate and Foreign Commerce, DEAR MR. CHAIRMAN: This letter is in response to your request of February 19, 1963, for a report on H.R. 827, a bill to amend the Interstate Commerce Act to provide that disabled persons meeting certain requirements may not be prohibited from operating motor vehicles in interstate or foreign commerce under certain rules and regulations of the Interstate Commerce Commission. It is identical with H.R. 4273, introduced in the 87th Congress. The bill would withdraw the power of the Interstate Commerce Commission to prohibit a person from operating a motor vehicle in interstate commerce on the ground that he has lost a foot, leg, hand, or arm, or suffers loss or impairment of hearing, provided that a licensed physician or osteopath certifies that the loss or impairment "will not prevent such individual from safely operating such vehicle." The effect of the bill would be to repeal that portion of regulation 191.2 (49 C.F.R.), of the Commission, which now contains an absolute prohibition against the operation of such motor carriers by such disabled persons. We are in accord with the objective of the bill. It is our understanding that the Commission adopted this prohibition in 1940. Since that time advances in design of prostheses, and training of the disabled in their use, have enabled many amputees to compensate for their disability with sufficient adequacy to permit them to operate commercial carriers with safety. There is a persuasive body of medical opinion substantiating this view. In this regard, it is germane that the strict medical standards applied by the Federal Aviation Agency to applicants for pilot licenses do not contain a blanket restriction of the sort imposed by the Interstate Commerce Commission. The bill is defective in one respect, however. It would apparently make binding on the Interstate Commerce Commission the determination of any physician or osteopath selected by the disabled person that the loss or impairment referred to would not prevent that person from safely operating a vehicle. Such a practitioner's determination is not taken as conclusive as to the applicant's ability to drive safely in the case of nonamputees. In our view, responsibility for this determination should lie with a public body, the Commission, charged by law with the duty to protect the public in this respect. This is not to say that the Commission should not have discretion to utilize the services of private practitioners within the framework of an appropriate procedure established by it. Such a procedure is exemplified by the medical qualification of pilot applicants by the Federal Aviation Agency, which uses some 6,000 private physicians on call throughout the country to make the required examinations in accordance with physical standards prescribed by the agency. We would, therefore, recommend that the Commission license any individual who is able to meet reasonable performance standards, to be established by the Commission, that would assure that his disability will not prevent him from safely operating a motor vehicle. If this cannot be done administratively, we would recommend enactment of leigslation to this end. We are advised by the Bureau of the Budget that there is no objection to the presentation of this report from the standpoint of the administration's program. Sincerely, ANTHONY J. CELEBREZZE, Secretary. INTERSTATE COMMERCE COMMISSION, OFFICE OF THE CHAIRMAN, Washington, D.C., May 13, 1963. Hon. OREN HARRIS, Chairman, Committee on Interstate and Foreign Commerce, House of Representatives, Washington, D.C. DEAR CHAIRMAN HARRIS: This is in response to your letter of February 19, 1963, requesting comments on a bill, H.R. 827, introduced by Congressman Williams, to amend the Interstate Commerce Act to provide that disabled persons meeting certain requirements may not be prohibited from operating motor vehicles in interstate or foreign commerce under certain rules and regulations of the Interstate Commerce Commission. This matter has been considered by the Commission and I am authorized to submit the following comments in its behalf: H.R. 827 would amend section 204(a) of the Interstate Commerce Act (49 U.S.C. 304 (a)) which, among other things, authorizes the Commission to prescribe reasonable requirements with respect to the qualifications of employees of for hire and private motor carriers operating in interstate commerce. The bill would provide, in effect, that the rules and regulations so prescribed shall not prohibit any individual who has suffered the loss of a foot, leg, hand, or arm, or impairment or loss of hearing from operating any motor vehicle if such loss or impairment is determined by a licensed doctor of medicine or osteopathy to be of a type which "will not prevent such individual from safely operating such vehicle." The Commission first prescribed minimum qualifications of drivers in July 1937. These initial regulations, general in scope, disqualified from driving in interstate commerce individuals who failed to possess "adequate hearing" or who had incurred a "physical deformity or loss of limb likely to interfere with safe driving." As amended in 1940, and again in 1952, these minimum qualifications were changed so as to specifically disqualify as drivers individuals whose hearing is "less than 10/20 in the better ear, for conversational tones, without a hearing aid" or who had suffered the loss of a "foot, leg, hand, or arm." So revised, these regulations remain in effect today. Over the years the Commission has considered its statutory responsibility to establish physical and competence qualifications of drivers as a matter of paramount importance. This responsibility has become even more vital because of the major and relatively recent changes in commercial vehicle operationschanges which have resulted in greatly increased demands upon the physical stamina of drivers. Included among these changes are the development of heavier and larger vehicles, greater powered engines, complicated gears and other special devices, heavier loads, and higher speeds. These "behemoths of the highways," which are used to transport all kinds of commodities, including truckloads of explosives and other dangerous articles, are operated for prolonged periods over extensive distances in many types of terrain in all seasons of the year, regardless of weather conditions. It is clear, therefore, that due consideration of public safety requires that driver qualifications be maintained at the very highest level. In this connection, it is significant that the rapid development of larger, more powerful tractor-trailer units has been paralleled by a phenomenal increase in the use of highways by commercial vehicles of all kinds. In 1952, for example, at least 917,534 motor vehicles were being operated in interstate commerce by private and for hire carriers subject to the Commission's safety regulations. By 1961, this figure mounted to an estimated 1,695,589 vehicles. In addition, we observe that total motor vehicle registrations (including trucks, buses, and automobiles) in 1937 amounted to 29,706,158. By 1952 this figure had risen to 52,651,835, and by 1961 it was 75,846,532. Continued increases in the number of vehicles, both private and commercial, using our highways manifestly results in increased exposure to accident situations and, in turn, this circumstance requires continued maintenance of the utmost in safety standards. In particular, the Commission is concerned with the number and severity of accidents caused by loss of control of commercial vehicles on hills and curves. Such accidents occur on interstate movements notwithstanding the fact that drivers involved are required to meet present physical standards. It is noteworthy that the President personally has urged renewed efforts to reduce the appalling highway death toll. His public statement of April 9, |