Raymond Martinez’s nomination to lead FMCSA moves forward in Senate

Washington – Raymond Martinez, President Donald Trump’s pick to lead the Federal Motor Carrier Safety Administration, is one step closer to confirmation after the Senate Commerce, Science and Transportation Committee sent his nomination forward without opposition on Nov. 8.

Martinez has served as the New Jersey Motor Vehicle Commission chairman and chief administrator since 2010. He previously was commissioner of New York State’s Department of Motor Vehicles and chairman of the Governor’s Traffic Safety Committee. Martinez also worked in various roles in the Ronald Reagan, George H.W. Bush and George W. Bush administrations.

It is unclear whether Martinez will be confirmed as FMCSA administrator before Dec. 18, when the federal mandate on electronic logging devices in commercial motor vehicles is scheduled to go into effect.

That mandate has faced industry opposition, most notably from the Owner-Operator Independent Drivers Association. The American Trucking Associations, meanwhile, has supported it.

Martinez told the Senate committee in an Oct. 31 hearing that he is willing to work with all parties on ELDs, noting that the mandate could cause “serious hardship to some small, independent trucks, particularly those in the agricultural sector.”

In response to a question from Sen. Ted Cruz (R-TX), Martinez said his goal as head of FMCSA would be “not to cripple commerce,” but to make the roads safer.

“Everything that we approach this with is through that lens of safety,” he said. “It would be my intention, if confirmed, to first and foremost abide by the law, but also to have an open-door policy and work with all the impacted stakeholders.”

In a series of questions from Sen. Cory Booker (D-NJ), Martinez again was asked why the ELD rule is important.

“What we experienced in the past was it was paper-based, which means it was very susceptible to fraudulent entries and altered entries,” Martinez said.

He also affirmed that fatigue is a serious safety issue and a priority to address during questioning from Booker, one of four senators who sent a letter to Secretary of Transportation Elaine Chao in August questioning her department’s decision to withdraw a proposed rule on obstructive sleep apnea.

Martinez gave his initial thoughts on FMCSA’s Compliance, Safety, Accountability program while addressing a question from committee Chairman Sen. John Thune (R-SD). CSA, which ranks CMV carriers on safety, underwent a mandated 18-month review by the National Academies of Sciences, which released its report in July.

“First of all, I agree with the overall thrust of this program. … The key thing here is whether the data that we use to compile the assessments are accurate, reliable and fair,” Martinez said. “In short, sound science. If the data is unreliable, we lose credibility. … If confirmed, it would be my intention to review the recent findings of the National Academies of Sciences report on the CSA program and make appropriate changes as recommended to evaluate how best we can move forward.”

He added: “We should be setting a very high standard that companies should be aspiring to, whether it’s mandated or incentivized. That’s the type of environment we should be setting forth in this country.”