PATT supporters, detractors to attend Augusta hearing

AUGUSTA — Truckers and supporters of Parents Against Tired Truckers are expected in Augusta in force at 2 p.m. Wednesday, March 1, when a public hearing is scheduled on LD 396 in Room 113 of the State Office Building.

The bill, sponsored by Rep. William Lemke of Westbrook, proposes to amend the laws governing wrongful death caused by truck drivers. The bill was the subject of the Jan. 30 meeting of the Governor’s Task Force on Motor Carrier Safety Laws. When a compromise proposal was introduced, members were unable to agree on suggested changes or on the original bill.

PATT formed after four teen-agers died on the Maine Turnpike in October 1993 when a Pennsylvania trucker fell asleep and drove over their disabled car in the breakdown lane. The trucker was not charged for the deaths, but was fined and jailed for a logbook violation. PATT sought Lemke’s support in its efforts to examine trucking regulations and to hold drivers and their supervisors responsible when violations cause death on the highway.

Submitted in its original form, the bill “extends criminal responsiblity for manslaughter to a person with indirect control or management over a driver of a commercial truck if that person intentionally or knowingly causes that driver to violate the rules that prohibit commercial truck drivers from driving more than 10 consecutive hours.” The proposed law presumes a person has acted with criminal negligence if he or she knowingly violates the hours of service rules and causes the death of another person.

At the January meeting, members of the task force reviewed a compromise proposal. Among the provisions in the compromise, committee members proposed replacing the impoundment of a truck involved in an accident with an automatic suspension of the driver’s license. The issue of removing the $75,000 cap on damages for wrongful death was to be removed and included in a separate bill. In Lemke’s original proposal, the driver is presumed negligent if he or she has exceeded the 10 hours of service regulation. The compromise extended the consecutive driving hours to 12. The law also would allow the courts to consider previous violations by a driver.

The task force agreed to meet again to discuss the compromise proposal. If the task force can agree on elements of the compromise, it is expected the proposed changes will be submitted for consideration by the Legislature. The committee has no plans to meet before the public hearing on LD 396. The task force plans tentatively to meet on March 6.