Goals for State-Federal Action

NCSL Resolution Adopted by the Transportation Committee from the Fall Forum of the NCSL Standing Committees, December 2004, Savannah, Georgia

Intelligent Transportation Systems Rail Regulations
Transportation Safety

Intelligent Transportation Systems

The National Conference of State Legislatures (NCSL) recognizes that a vast domestic market and a new technology industry are moving American surface transportation into the information age to better serve customers.

Intelligent Transportation Systems (ITS) are being developed to enhance travel demand management, public transportation operations, electronic payment, freight management, commercial vehicle operations, emergency management, and advanced vehicle control and safety. Deployment of viable ITS can increase safety for transportation users, improve mobility, reduce congestion, facilitate interstate commerce, generate jobs, provide environmental protection, conserve energy, and facilitate intermodalism.

NCSL endorses the U.S. Department of Transportation goal of deploying basic ITS for consumers of passenger and freight transportation across the nation by 2005. These services should be integrated, interoperable, intermodal and voluntary. NCSL recognizes that the private sector and the federal government should lead in the development and bringing to market of reliable and affordable ITS.

Rail Regulation

The National Conference of State Legislatures recognizes viable passenger and freight railroad systems are essential to achieving a balanced intermodal transportation system and ensuring personal mobility, the free flow of commerce and national security. Rail must have the same financial security provided the other modes of transportation, such as highways, transit, aviation and waterways. NCSL strongly supports a dedicated source of federal funding for rail service.

The federal government has the responsibility to take the lead in ensuring a cost-effective, fuel efficient, secure and economically sound rail transportation system. A viable rail system offers the opportunity to alleviate traffic congestion; provide alternatives in land use planning; provide a transportation alternative to highway and air travel, especially during periods of national crisis; and address environmental concerns.

The increasing mix of freight, commuter and intercity passenger rail on shared tracks and rights-of-way demands that concerns over liability and costs be rationally reviewed within the context of federal legislation. Fair and equitable standards for assessing costs, risks and priority usage are a necessary component of furthering the nation's rail network for passengers and freight. NCSL supports a strong role to be played by the federal government in facilitating the introduction of technology that may mitigate costs and risks.

The federal government also should support research and development of advanced rail technology such as high-speed rail and maglev. Federal support should include oversight of possible impediments to passenger rail services resulting from freight-rail ownership of trackage. The federal government should facilitate the resolution of problems between states and freight rail regarding scheduling and on-time performance of passenger rail that is affected by freight traffic.

NCSL encourages Congress to repeal that portion of the Surface Transportation Board Act of 1995 that exempts railroad companies from all local and state laws.

Financing

NCSL urges the federal government to provide a dedicated source of funding for rail service. Rail is an important mode of transportation for passengers and freight. Rail is vital to the national economy and homeland security and must be financed with a secure, dedicated source of federal funding.

NCSL urges the federal government to provide federal funding for research and development in advanced rail technologies, such as high-speed rail and maglev.

NCSL also urges the federal government to provide funding to assist states in public/private partnerships to improve and enhance freight rail service in states. Such options as grants, guaranteed loans, tax exempt bonds, and targeted federal investment will facilitate the deployment of this technology in the United States. Federal policy should encourage U.S. technology development and production while incorporating the technology developed by non-U.S. companies. The present state volume cap on bond financing with exemption form federal taxation imposes an artificial restraint on the use of such bonds for rail projects.

Additionally, NCSL urges the federal government to allow states flexibility to use a portion of their allocation from the Highway Trust Fund to finance rail projects and service.

Passenger Rail

Amtrak and other passenger rail providers -- The continued economic viability of Amtrak and other passenger rail providers is in the national interest. The federal government should provide a funding source for the states to implement cost-effective, efficient passenger rail as it does for other modes of transportation -- vehicle, transit, air and waterway. The long-term survival of Amtrak and other passenger rail providers is dependent on the adoption of efficiencies and reduction of operating costs. NCSL supports the continuation of contract protections and severance benefits in their current forms. Federal funding should account for existing revenue deficiencies and provide for a capital improvement program.
Intercity/Commuter -- State and local support of intercity rail systems has been critical to alleviating congestion, mitigating environmental concerns, and providing a feeder system to Amtrak. Federal support for these efforts is imperative. Commuter rail facilities using trackage owned by private freight companies have become an important part of the transportation system in urban areas. Use of track by commuter rail on an appropriate priority basis at a reasonable cost should be based on actual cost to the rail company owner.
High Speed -- The availability of direct and indirect federal financial support of high speed rail projects is imperative for these capital-intensive rail systems.
Rights-of-way -- NCSL recognizes that railroads over whose rights-of-way many high-speed rail authorities will operate have a legitimate concern over increased exposure to liability as a result of high-speed rail operations. This liability issue must be addressed by Congress in the context of high-speed rail legislation. NCSL requests that state legislators be included in ongoing cooperative agreements to explore solutions to this problem. The long-term goal in certain corridors should be track that is dedicated to high-speed service. The federal government should facilitate the steps to reach that goal over time.

Freight Rail

The states and the federal government have an interest in supporting an efficiently managed and well-maintained national freight railroad. It is a federal responsibility to ensure a competitive environment for the transport of freight. NCSL recognizes the interest of the states in preserving rail lines that are essential to local and regional commerce.

Preservation -- NCSL recognizes that a considerable investment has been made in the national freight rail system. The continued viability of the system is of economic importance to the nation's transportation infrastructure. Federal policies should allow, transfer and preserve rail lines and rights-of-way to avoid the adverse economic impact or loss of economic opportunity to states and their localities.
Regulation -- NCSL generally supports the Staggers Rail Act of 1980, which is designed to improve the regulatory climate of the freight rail industry by removing a number of regulatory restraints that adversely affect the industry's economic performance. The regulatory needs of the railroad industry should be balanced with the captive shippers who have no alternative means of transportation available. Future productivity gains are appropriately shared with railroad shippers.
State Assistance -- NCSL urges the federal government to fund the Local Rail Freight Assistance program or successor program. This support is critical to aid states in maintaining essential branchline services that otherwise would be eliminated. NCSL supports adherence to formula distribution and expansion of the program in response to growth in freight rail transportation.

NCSL also urges the federal government to adopt and fund a federal railroad infrastructure modernization program to assist short line railroads in upgrading inadequate track and bridge structures. Such a program should have as its goal the upgrading of America's short line railroad infrastructure to accommodate today's modern 286,000 pound rail cars. A rail infrastructure modernization program is critical to aid states in maintaining essential branchline services, which otherwise would be eliminated.

Taxation -- Federal laws that preempt the role of state courts by giving federal courts jurisdiction to establish the valuation of property for state and local tax purposes, or that give selected classes of state and local taxpayers procedural and substantive privileges unavailable to most taxpayers, offend principles both of federalism and equity. The Railroad Revitalization and Regulatory Reform Act (4-R) should be examined by Congress in consultation with the states to determine if it has been judicially expanded beyond the original intent of Congress.
Alternative Transport -- Methods of transporting freight that is traditionally carried by the rail industry should be considered in light of the overall economic impact. The right of federal eminent domain should be granted only when there is a compelling national need for an alternative means of freight transportation.
Fuel Taxes -- Federal taxes assessed on the railroad industry must be based on an equitable share of the federal fiscal needs.

Safety

NCSL supports a continued Federal role in setting national performance and safety goals. NCSL urges Congress to provide incentive funding to promote comprehensive rail safety programs in the states.

NCSL urges the federal government to fully fund increased security measures needed in the passenger rail system, such as security checkpoints prior to boarding, luggage inspection, and improved security of rail tunnels, rail bridges, rail switching areas, and other areas identified by the Secretary of Transportation as posing significant rail-related risks to public safety and the movement of interstate commerce. This effort should take into account the impact that any proposed security measure might have on providing rail service, deploying chemical and biological weapon detection equipment, dealing with the immediate and long-term economic impact of measures that may be required to address those risks, and training employees in terrorism response activities.
Trespassing -- NCSL recognizes that the vast number of injuries and fatalities associated with the railroad industry that are due to trespassing incidents. The role of the federal government in this arena is appropriately one of conducting research and facilitating public awareness of the danger and the illegality of trespassing under state law.
Grade crossings -- NCSL recognizes the inherent risks of highway-rail grade crossings where motorists disregard even active warning devices and gates. Federal funding through the Section 130 program should be continued and increased to adequately compensate states and to provide states with incentives for reaching federal standards for grade crossing warning devices. The Federal Railroad Administration (FRA) is encouraged to finance a long-term national grade crossing safety awareness campaign. Federal preemption has effectively limited the role and responsibility of states over most aspects of rail transportation. However, state law has been preserved in areas related to tort liability in accidents involving railroads; responsibility of motorists and pedestrians in yielding to rail traffic; and overall decisions on grade warning devices or closings. NCSL supports the U.S. Supreme Court decision in CSX Transportation, Inc. v. Easterwood, which held that railroads are responsible for installing and adequately maintaining warning devices at highway grade crossings, and that the use of federally approved devices does not remove that responsibility. NCSL strongly opposes efforts by the federal government to preempt traditional state authority in this area, to replace state statutes governing violations by motor vehicles and penalties for failing to yield to an oncoming train, or to establish numeric standards for crossing closings to be accomplished by states.
Incentive Grants -- NCSL urges the federal government to provide federal highway safety incentive grants to states to advance innovative pilot programs. These programs would increase enforcement of grade crossing traffic laws at both active and passive crossings.
Research -- Additional grade crossing research should be conducted in such areas as driver response to existing warning devices, improved crossing warning devices, low-cost active warning devices, off-track train detection systems, train conspicuity (reflectorization), locomotive conspicuity (lights), and audible warning technology (whistles/horns).

Transportation Safety

The National Conference of State Legislatures supports a continued federal role in setting national performance and safety goals. Safety programs should be expanded to incorporate emerging safety issues.

Federal transportation safety programs should provide funding to promote comprehensive safety programs in the states. Necessary modifications should be made in federal safety grants programs to permit the maximum number of states to qualify, with the level of annual appropriations being adequate to fund grants to all states that qualify. NCSL opposes the use of federal sanctions or redirection penalties to enforce federal safety standards. Federal mandates that are enforced through the use of "reprogramming" sanctions should be repealed. Any existing federal compliance standards should reflect overall state effort to promote safety.

Increased federal attention to safety education is an appropriate vehicle for federal involvement. NCSL supports federal activities that seek to identify and remove transportation operators who have a record of unsafe operation of any mode of transportation. The opening of the National Driver Register to all transportation industries supports this goal. Individual privacy should be accorded appropriate safeguards.

It is a federal responsibility to ensure the drug and alcohol-free operation of federally-regulated transportation systems, and to this end, drug and alcohol use testing is a necessary mechanism.

Highways

The federal government should identify and develop advisory approaches to overall highway safety. NCSL supports the full utilization of existing technology, including effective traffic control devices and traffic control systems, in order to promote transportation safety. When traffic exceeds design standards, additional safety measures or capacity enhancement should be encouraged.

NCSL supports the right of each state to determine those blood alcohol levels that are appropriate within its state boundaries. Additionally, NCSL believes it is within the purview of the state to determine the best highway safety laws or combination of highway safety laws to best combat drunk driving fatalities and other road fatalities.

Federal monitoring and compliance standards should accurately reflect compliance effort and unique state circumstances.

Aviation

NCSL recognizes that safety and security of aviation transportation are critical to the security of the nation and are a responsibility shared by federal, state and local governments. NCSL believes the federal government should fully fund aviation security measures.

NCSL supports aviation security provisions that provide local and state airports increased federal funding and greater funding eligibility for flexibility with airport security implementation. To that end, NCSL supports increased federal funding for aviation security, as well as the use of Airport Improvement Program funds and Passenger Facility Charges to defray additional direct security-related expenses. NCSL strongly supports states and localities being authorized to use Airport Improvement Program funds for increased security measures required by federal law at a 100-percent federal share.

NCSL recognizes the modernization of the nation's air traffic system as a federal priority. The implementation of the National Airspace System Plan, developed to meet air traffic demands and alleviate aviation hazards, should be expedited. While the nation's aviation network does face capacity limitations, NCSL supports the efficient utilization of existing capacity through scheduling improvements. Additionally, NCSL strongly urges the federal government to provide adequate funding necessary to support staffing levels that ensure that enough highly trained, qualified air traffic controllers are coordinating air traffic safety.

Motor Carriers

There is a continuing need for federal support of state enforcement and inspection activities. The Motor Carrier Safety Assistance Program has been important to states in this regard and should be reviewed for programmatic improvements that enhance state participation and expand eligible activities.

NCSL supports the right of the states to make determinations of reasonable "access" for motor carriers. NCSL further supports as a state option the expansion of the existing definition of "terminal."

Federal guidelines that identify safety and engineering concerns to be considered in "access" determinations would help supplement state efforts. Such guidelines should be related to vehicle operating characteristics and route specifications, but should not restrict the state decision-making process.

The fiscal realities involved in upgrading all roads and bridges to accommodate extensive expectations of "access" demand that the onus be placed on truck design that complements existing transportation networks.

Federal support for research and development of technology which facilitates motor carrier safety, particularly that which provides information on safety compliance, should be increased. Federal efforts should focus on research on the impact of various motor carrier configurations on overall safety. Additional research should also concentrate on issues related to driver safety.

NCSL supports a federal ban on the use of radar detectors in commercial motor vehicles.

Waterways

NCSL endorses an increased state role in disciplinary actions against unsafe marine pilots. The responsibility of employers of marine pilots to fully investigate the pilot's history in operating modes of transportation should be upheld by the federal government. In an effort to improve navigational safety, NCSL supports federal equipment specifications and accident notification requirements for towing vessels. NCSL supports the conformance of federal boating-while-intoxicated standards to any enacted state BAC standard.

Pipelines

NCSL supports state initiatives to institute notification systems for the identification and protection of underground pipeline facilities. Federal efforts to impose a national "one-call" system, enforced through highway funding sanctions, is an unwarranted national mandate.

Railroads

NCSL supports a comprehensive federal review of rail safety programs, including efforts to eliminate unnecessary grade crossings. The protection of rail passengers, employees and the general public and the continued improvement of operating environments should be considered priority safety goals. Federal efforts should be concentrated on improving safety through the adoption of performance-based standards, continued federal funding of the U.S. DOT Transportation Center, and an expanded public information campaign. Federal funding should be increased to support the improvement of safety at highway-rail grade crossings, including the use of low-cost safety improvements like traffic control devices and support for Operation Lifesaver, Inc. The utilization of sound risk assessment analysis should be employed to prioritize expenditures of limited funds. NCSL supports a continuation of state leadership in collaboration with rail industry technical assistance in making determinations on appropriate warning devices at crossings. Earmarked annual Federal Highway Administration funding for states to implement the Section 130 grade crossing improvement program should be continued and made fully available to states. Further, Section 130 program funding should be excluded from federal highway program obligation limitations and transfer provisions. In an effort to avert train accidents, federal efforts and finances should be made available for the study of positive train separation technology.