Under Trump Administration, safety enforcement plummeting 

WASHINGTON, D.C. U.S. Senator Maria Cantwell (D-Wash.), Ranking Member of the Senate Committee on Commerce, Science and Transportation, questioned Trump transportation nominees to lead the Federal Motor Carrier Safety Administration (FMCSA), Pipeline and Hazardous Materials Safety Administration (PHMSA) and the National Highway Traffic Safety Administration (NHTSA) on their commitments to public safety.

“Each of these agencies has an important responsibility to protect the health and safety of the traveling public, the movement of goods, and our environment,” Sen. Cantwell said to the nominees. “Unfortunately, since January, we've seen a significant drop in oversight and enforcement actions across these agencies, potentially letting bad actors get away with violating safety and consumer protection laws… We want you to continue to play an aggressive oversight role.”

In the first six months of the Trump Administration, safety oversight and enforcement has plummeted. FMCSA enforcement actions are down 78 percent since last year. NHTSA has opened 25 percent fewer investigations into vehicle safety issues this year than they did during the same period of Trump’s first term. PHMSA has opened the fewest enforcement cases during the first six months of the Trump Administration than in any presidential term in the past two decades, including President Trump’s first term.   

Lack of enforcement could be exacerbated by career staff fearing retaliation for doing their jobs. On the same day Steven Bradbury was confirmed as Deputy Secretary, DOT sent a memo to employees asserting that a safety investigator could be perceived as having “personal animus” against a company,  grounds to exclude them from participating in investigations.

A few months later, DOT proposed changes to DOT’s enforcement process to allow companies charged with violating safety or consumer protection laws the ability to accuse DOT investigators of personal animus and to request an intervention from the DOT General Counsel. This could include “a recommendation to the relevant agency decisionmaker for appropriate administrative discipline of personnel found to have violated the rule,” such as suspensions, demotions, or even terminations.

When Sen. Cantwell asked each nominee if he would commit to protecting these essential inspectors and enforcement officials, Derek Barrs, nominated to lead the FMCSA, refused to answer directly.   

“So, I want to know from you whether you believe that you are going to protect these inspectors from that kind of retaliation,” she said. “Will you commit to being a strong policeman on the beat and making sure there's no political interference at your agencies on those inspectors?”

“I can tell you that throughout my career in law enforcement, I mentioned earlier that enforcement is key, and making sure that the bad actors, as mentioned here, are dealt with accordingly,” Barrs said, avoiding a direct response. “And the inspectors and officers that work within FMCSA have a diligent job to do, and making sure that they can carry out the missions and place these bad actors out. And it's extremely important to me that make sure that we do that and we work together collaboratively with them and then give them the tools and the toolbox that they need to address these issues that you referring to.”

“So, no political retaliation?” Sen. Cantwell pushed.

“Senator, I'm looking forward to working with them and making sure that they're able to do their job, and I think that's what's important,” Barrs said.

Video of Sen. Cantwell’s opening remarks is HERE, video of her Q&A is HERE, and a transcript is HERE.

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