Critics skeptical of proposed trucker bill

AUGUSTA – A bill intended to serve as companion legislation to the so-called ‘Tina’s Law,” directed at Maine’s worst drivers, took a bumpy ride Tuesday during a public hearing before a legislative policy committee.

Members of the Transportation Committee watched as opponents lined up to oppose LD 1950, which would require businesses that hire commercial truck drivers to verify whether the driver is in possession of a valid operator’s license. The bill was sponsored by Rep. Walter E. Ash Jr., D-Belfast, who also wound up being the legislation’s sole proponent during the public hearing.

Ash’s legislation was described as a “bookend bill” for LD 1906, which would impose harsher sentences on Maine drivers convicted of operating after license suspension. A public hearing was held on LD 1906 Monday and is widely referred to as “Tina’s Law” in the aftermath of a fatal accident that claimed the life of Tina Turcotte, 40, of Scarborough.

Turcotte was killed when a tractor-trailer crashed into the rear of her car on the Maine Turnpike. The truck was driven by Scott Hewitt, 33, of Caribou, whose license was under suspension at the time. He had compiled a driving record with 63 motor vehicle-related convictions. He now faces manslaughter and other charges in Kennebec County Superior Court.

“The intent of this bill is not a surprise to anyone,” Ash told committee members Tuesday. “The tragic death of Tina Turcotte last summer has brought many proposals forward to address this serious issue. While a great deal of that legislation deals with what to do with unlicensed drivers when they are caught, this bill would seek to prevent unlicensed commercial drivers from ever getting on the road to begin with.”

In addition to requiring businesses to check the validity of an operator’s license, Ash said his bill would also allow businesses to access driving records and do at least a minimum driving record check.

“I am sure that the folks who hired Scott Hewitt may have decided otherwise if they knew that he was not in possession of a valid license or if they were aware that he was a multiple offender with over 20 license suspensions,” Ash said.

As straight-forward as Ash’s bill appeared, language in the legislation seemed to present a series of unintended consequences for some committee members.

Several of the bill’s critics questioned who would be responsible for checking the license status of a trucker in cases involving shippers, brokers and receivers. They wondered if the bill was intended to include truckers with out-of-state licenses operating in Maine and how a “safe driving record” would be defined.

Rep. George Hogan, D-Old Orchard Beach, was confused by the bill’s failure to include penalties for those who would violate the legislation if it became law.

“Are there any fines or anything attached to this bill?” Hogan asked. “What would the ultimate outcome be [for those who violated it]? There are no particular fines involved. I’m curious about the completion of this bill.”

Ash replied he had offered his bill to address a real problem, adding he would support a committee decision to include fines in the legislation.

“It’s an avenue for you people to close this gap that we have here,” Ash said.

Dale Hanington, president of the Maine Motor Transport Association, was among the bill’s most severe critics and argued it would be difficult, if not impossible, for a business to be able to have access to an irrefutable data base indicating a driver’s current status. Hanington repeatedly emphasized that between Jan. 1, 2003 and Dec. 31, 2005, commercial motor vehicle drivers were involved in three one-hundredths of one percent of all traffic crashes in Maine. During that time period, he said Hewitt was the only commercial motor vehicle operator with a suspended license implicated in a fatal crash among 38 fatal crashes involving suspended drivers.

“I really think what you need to be thinking of is that Scott Hewitt is an anomaly,” Hanington said. “I really do think we’re trying to make this a lot larger problem than truly exists and I understand the severity of the one incident that brought it to a head. We have to keep in focus that it was one situation that none of us would have that repeated.”

After the hearing, Ash said he understood there were those with “concerns over his bill but he also thought the question of what constitutes a bad driver was receiving too much scrutiny.

“Gosh, if you’ve got a bunch of OUIs and big speeding tickets, you shouldn’t be out there,” he said. “These trucks weigh 100,000 pounds going down the road. Even if it is three one-hundredths of one percent that [Hanington] was talking about, that could be my wife and I don’t want that.”

The committee has scheduled a work session for LD 1950 on Friday.