Transportation Legislation Review Committee (07/08/2015)

Final
STAFF SUMMARY OF MEETING

TRANSPORTATION LEGISLATION REVIEW COMMITTEE

Date:	07/08/2015	ATTENDANCE

Time:	09:05 AM to 04:20 PM	Becker J.	E
		Buck	X
Place:	RM 271	Carver	X
		Cooke	X
This Meeting was called to order by		Coram	X
	Representative Tyler	Esgar	X
		Jones	X
This Report was prepared by		Kraft-Tharp	X
	Matt Kiszka	Melton	X
		Mitsch Bush	X
		Moreno	X
		Neville P.	E
		Nordberg	E
		Scott	X
		Todd	X
		Winter	X
		Baumgardner	X
		Tyler	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
Call to Order Discussion of Chain Laws and I-70 Mountain Corridor Congestion (HB 15-1173) Discussion of Impeding Traffic Laws Discussion of Traffic Safety Data Gathering Discussion of Definition of a Motor Vehicle Update from the Public Utilities Commission Common Carrier Regulation (pursuant to HB15-1316)		Witness Testimony and/or Committee Discussion Only Witness Testimony and/or Committee Discussion Only Witness Testimony and/or Committee Discussion Only Witness Testimony and/or Committee Discussion Only Witness Testimony and/or Committee Discussion Only Witness Testimony and/or Committee Discussion Only Witness Testimony and/or Committee Discussion Only

09:06 AM -- Call to Order

Representative Tyler, Chair, called the committee to order. A quorum was present.

09:07 AM -- Discussion of Chain Laws and I-70 Mountain Corridor Congestion (HB 15-1173)

Representative Mitsch Bush opened up the discussion of chain laws and I-70 mountain corridor congestion, per the statutory requirements for the Transportation Legislation Review Committee of House Bill 15-1173. She stated that congestion on I-70 is a major issue for the state, and provided a history of chain laws in the state going back to 2009. She spoke to the increasing number of I-70 closures in recent years due to inadequate traction equipment on motor vehicles, issues surrounding existing chain laws, and how quickly the Colorado Department of Transportation (CDOT) can call these laws into effect.

Representative Mitsch Bush discussed the stakeholder meetings that had been held in the past year that led to the introduction of House Bill 15-1173. She said that the bill sought to do three things: identify mile markers for chain laws; set dates certain for when chain laws would be in effect; and a clarification of existing statute to make it more clear. She detailed the Senate Transportation Committee's amendment that changed the bill to make chain laws in effect whenever icy and snow packed conditions exist.

09:14 AM

Kyle Lester, Highway Maintenance Division Director, CDOT, came to the table to present to the committee. Mr. Lester said that chain laws are a critical element of CDOT's winter highway management operations. A copy of CDOT's presentation was distributed to the committee (Attachment A). Ryan Rice, Director, Division of Transportation Systems Management & Operations, CDOT, presented to the committee. He discussed the worst travel day for the mountain corridor in the past five years, which occurred on Sunday, February 9, 2014, causing up to five-hour delays and numerous spun-out passenger vehicles and semi trucks. Mr. Rice spoke to how CDOT changed its best practices following that day, whereby it began using snow-plow escorts and other congestion mitigation techniques in the I-70 mountain corridor.

0708TransAttachA.pdf

Mr. Rice discussed key performance indicators for travel and congestion in the I-70 mountain corridor. He said that CDOT activated the passenger vehicle chain law four times and the commercial chain law 200 times in the winter of 2014/15. He discussed media campaigns implemented by CDOT surrounding Colorado's chain laws and the success of the campaign in changing driver behavior, and responded to committee questions on CDOT public surveys.

09:25 AM

Mr. Lester discussed the different codes that CDOT can call into action to activate the state's chain laws and the different road conditions that lead to each code being used. He responded to a question on how effective automatic braking systems are in winter driving conditions. He said that clarification of Colorado's chain laws and statutory requirements for media campaigns and public awareness would be useful for CDOT. He responded to questions on the enforcement of chain laws in the past few years, and how much CDOT and Colorado State Patrol (CSP) depends on drivers to make informed decisions in regards to current state requirements for adequate traction control.

Major Matt Packard, CSP, responded to questions on the issuance of citations when the chain law has been called into effect. Committee and panel discussion ensued on the timing of calling chain laws into effect and how there can be a lag between this action and driver awareness. Mr. Rice and Mr. Lester responded to questions on the congestion and closure data provided by CDOT in its presentation in light of the lack of severity of the 2014/15 winter, the success of media campaigns surrounding traction requirements conducted by CDOT, plans for future public awareness campaigns, and the cost of CDOT's most recent chain laws media campaign.

Major Packard responded to a question on whether CSP would target drivers if chain laws are changed per HB15-1173. Committee discussion ensued on how the tourism industry can get involved in messaging campaigns to encourage the use of adequate traction equipment while driving on I-70 in the winter.

09:44 AM

Major Packard said that anything that can be done towards increasing the ability of CSP to enforce chain laws and equipment requirements would be of huge assistance to CSP.

09:47 AM

Margaret Bowes, Program Manager, and Tim Mauck, Co-Chair, I-70 Coalition, came to the table. Ms. Bowes provided statistics on the revenue generated by mountain resorts in the state and highlighted how costly I-70 closures can be. She gave an overview of the I-70 Coalition, which has 29 members and represents towns, counties, cities, and large business in the mountain corridor. Ms. Bowes said that the I-70 Coalition advocates for improved traffic mobility in the mountain corridor and heavily focuses on transportation demand management through the promotion of van and bus services and the use of carpooling. She discussed other congestion mitigation strategies, such as travelling at non-peak times and the provision of travel forecasts for the general public. Ms. Bowes spoke to how the coalition partners with local businesses to provide discounted services that encourage people to stay longer in the mountains to avoid peak travel times. She said that the coalition was a very strong proponent of HB15-1173. She highlighted how inadequate traction is a large contributor to lane closures in the mountain corridor, and said she currently sees a lot of confusion over existing chain laws. Ms. Bowes responded to a question on the feedback she receives from lodging associations on what they hear from the public in regards to car tire or traction equipment requirements.

09:58 AM

Mr. Mauck discussed the public's concerns surrounding winter driving preparedness and the improvement in CDOT campaigns and communication in past years. He responded to questions on the challenges faced in the movement of commerce throughout the mountain corridor, strategies being employed to handle traffic volume in the area, and what the I-70 Coalition is doing to increase public awareness of its strategies and campaigns. Committee discussion ensued on the importance of the I-70 Coalition's participation in awareness campaigns targeted towards tourists and residents who are not aware of current chain law requirements, and the charge of the committee per HB15-1173. Mr. Mauck responded to questions on the affordability of new tires or adequate traction control equipment for traveling in the mountain corridor. Greg Fulton, President, Colorado Motor Carriers Association (CMCA), came to the table to discuss the cost of complying with state chain laws. Committee discussion ensued on this topic and what current chain laws require.

10:21 AM

Mr. Fulton discussed the efforts of the CMCA to mitigate the impact of the trucking industry on traffic and congestion in the I-70 mountain corridor, the cost of freight delays to consumers, and the stringency of chain laws for commercial vehicles in Colorado. He stated that his organization supported HB15-1173, and clarified that they are not looking for "tire police," but rather that adequate tire depth be required and that additional penalties be applied to individuals who caused accidents in winter conditions. Mr. Fulton responded to questions from the committee about commercial vehicle fines. Mr. Fulton and CSP received a request from the committee for data on the issuance of citations relative to fine increases.

10:35 AM

Jonathan Whitley, Risk Manager, American Car Rental Association (ACRA) came to the table. He said that ACRA represents 98 percent of the car rental industry, the industry is highly concerned with the safety of the equipment it provides its customers with, ACRA was neutral on HB15-1173, and likely would be on future legislation addressing chain laws in Colorado. He discussed how the rental car industry could struggle with enhanced traction control equipment requirements if the chain laws are changed. He responded to questions on the tread depth standards for tires that rental car companies equip their vehicles with, the additional traction control equipment that rental car companies currently provide to their customers, how many rental cars end up in accidents in the winter in Colorado, and how many miles on average are put onto a rental car before it is sold off.

10:44 AM -- Discussion of Impeding Traffic Laws

Dave Hall, Legislative Liaison, CSP, came to the table to present to the committee on state laws surrounding impeding traffic. Mr. Hall said that current law adequately addresses vehicles impeding traffic, and that CSP would be concerned with drivers counting cars behind them if the law was changed to increase fines for impeding traffic. He responded to questions on the discretion that state patrol currently has for pulling over or issuing citations to drivers who impede traffic, whether strategies could be employed without the need for legislation or increasing fines, what statute currently dictates in regards to impeding traffic, how many times CSP pulled drivers over for impeding traffic in 2014, and how many citations were issued. The committee requested for CSP to provide data on CSP contacts with drivers who impede traffic.

Greg Fulton, President, CMCA, came to the table and discussed current impeding traffic laws in the state. He addressed the danger of drivers pulling off to the side of the road on some highways in the state and the need for more pull off points on Colorado's roads so that motorists can safely let traffic pass.

10:55 AM -- Discussion of Traffic Safety Data Gathering

Sergeant Ian Whittington, Strategic Analysis and Business Research Unit, CSP, and Rob Barnes, Applications Support Manager for Public Safety, Office of Information Technology (OIT), came to the table to discuss the collection of data in the state and how traffic safety can be increased through this data. A copy of the DOR's and CDOT's presentations were distributed to the committee (Attachments B and C). Sergeant Whittington discussed the instances in which data is collected by CSP when making contact with drivers, such as during proactive traffic stops, motorist assists, enforcement actions, citations, arrests, and accident investigations. He described the different data points that are often collected during a contact event, including basic driver identification information, name, date of birth, race, basic vehicle information, reason for the contact, information on violations, and enforcement action taken. He said that data recently includes marijuana impairment information, which is of interest to CSP. He responded to questions on whether CSP differentiates between driving under the influence of alcohol and driving under the influence of drugs, and if the information collected by CSP is ever available via other agencies. Sergeant Whittington discussed the information that goes into a crash report form that is collected by CSP, data reporting standards in the state, and the software used by CSP to collect data. He said that data is often shared with county and municipal governments, is used for criminal investigations in the state and nationally, and is also shared with the legislative branch of the Colorado General Assembly. He said that individual traffic accident reports are available to the general public, and are aggregated for both federal government and CDOT use.

0708TransAttachB.pdf

0708TransAttachC.pdf

Mr. Barnes responded to questions on the manual collection of data and querying capabilities of the software used by CSP and OIT to pull aggregated data points, if aggregated data is available in a data warehouse format and if the public can access this repository. Sergeant Whittington responded to a question on what the fastest growing accident issue is in the state. Alisa Babler, Project Manager, CDOT, came to the table to speak to this question. The committee discussed the need for data analytics in the state.

Ted Trujillo, Operations Director, Driver Control, DMV, DOR, came to the table and discussed the DOR traffic accident report form that is used to collect information on accidents in the state. He spoke to the various ways in which the DOR receives the form, and said that it contains 84 different data points. He discussed the numerous ways in which information from the form can be requested by different entities in the state. He said that in FY 2014-15 there were 4,310 such requests by individuals and 45 requests by government agencies in the state. Mr. Trujillo spoke to how data is used once it has been collected and by which agencies, such as the Judicial Department during criminal investigations. Ms. Babler and Mr. Trujillo responded to questions on the classification of tuk tuks in the state as motorcycles, whether data systems are being developed to incorporate vehicle subcategories into accident reports, and the efforts that are being made towards uniform data gathering throughout the state.

11:26 AM

Mr. Trujillo responded to questions on the purposes for which accident report data is made available to state agencies and the circumstances under which personal information is masked.

11:31 AM

Ms. Babler discussed how CDOT processes and uses accident crash data collected in the state. She spoke to the importance of data accuracy and how critical it is for CDOT to have detailed information when analyzing crashes. Ms. Babler discussed the entities that CDOT shares their data analysis with, including CSP, local law enforcement, DOR, various other state agencies, and the general public. She stated that CDOT has a three month process of data analysis before it is ready to be shared. Ms. Babler discussed the database used by CDOT, the department's future plans for increasing availability of data for interested parties, and how data can be better used to improve road safety in the state. She spoke to CDOT's "Moving Towards Zero Deaths" program and showed the committee a complete list of the programs and people using CDOT data. She responded to questions on whether CDOT is the ultimate repository for accident crash data and can provide the best data analytics to interested parties, and if the department can make its data available for programming purposes. Mr. Trujillo received a request from the committee to provide a copy of the rulemaking docket regarding the provision of data and encryption standards for cyber security for accident reports.

11:42 AM

Stephen Vasconcellos, Senior Manager, Court Services Division, State Court Administrator's Office, came to the table to discuss the data requests made by the Judicial Department to assist in cases heard within the state court system. He outlined the various data points collected by the courts and the requests received by the Judiciary for data from the General Assembly and other entities. He responded to a question on the Judicial Department's connection to the CDOT database, stating that there is not currently a direct connection between the two departments. He discussed the challenges of finding the most effective flow of information between departments and agencies. Committee and panel discussion ensued on the availability of aggregated data surrounding crashes, fatalities, and other aspects of the accident report, whether the legislature could work towards making data more connected and available to interested parties, and what CDOT and DOR are currently doing to increase data analytics and accessibility. Ms. Babler responded to a question on CDOT expectations for the level of data it could potentially share with parties and whether personal identifying information would be included in this data.

11:51 AM

Sergeant Whittington spoke to "intelligence-led policing," how CSP can use aggregated data to improve its activities and efficiency, and how it can reduce accidents and fatalities on Colorado's roads.

11:53 AM -- Ed Wood, representing DUID Victim Voices, testified before the committee. He distributed a handout (Attachment D) detailing his testimony and request for the legislature to create separate offenses surrounding driving under the influence of alcohol, driving under the influence of drugs, and driving under the influence of a combination of alcohol and drugs. He also requested that the legislature create an agency to collect, analyze, and publish statewide DUID statistics.

0708TransAttachD.pdf

11:59 AM

The committee went into a recess.

01:12 PM -- Discussion of Definition of a Motor Vehicle

The committee was called back to order. Representative Tyler explained how the House and Senate Transportation Committees and the TLRC frequently receive requests to regulate new types of vehicles or reclassify existing vehicles in Colorado, prompting the need for the discussion of what defines a motor vehicle.

01:13 PM

Dave Hall, Legislative Liaison, CSP, came to the table to present to the committee about how CSP classifies different types of vehicles. He discussed how tuk-tuks are classified as a motorcycle, and said that this classification is problematic when CSP needs to analzyze accident data on motorcycles alone without including tuk-tuks.

01:15 PM

Tony Anderson, Title & Registration Operations Director, DMV, came to the table to present on how the DMV collects data on motor vehicles. He distributed two handouts (Attachments E and F) and provided an overview of vehicle tax classes, the types of vehicles in each class, and how the taxable value of each class is calculated. He explained that golf carts, implements of husbandry, and low-power scooters do not have a tax class. Representative Tyler asked about the requirements imposed on vehicles without a tax class. Mr. Anderson discussed the requirements for certain types of construction vehicles that are operated on the road and gave an overview of different definitions of a motor vehicle depending on where it is defined: either in statutes for titling and registration, federal codes, or by recommendation of the American Association of Motor Vehicle Administrators. He explained that the Colorado Revised Statutes have 85 separate definitions for motor vehicles. Mr. Anderson responded to questions from the committee regarding unconventional vehicles that can ride on the roads and the types of vehicles that may be coming before the legislature in the future.

0708TransAttachE.pdf

0708TransAttachF.pdf

01:28 PM

Tim Jackson, President, Colorado Automobile Dealers Association (CADA), came to the table to answer questions from the committee. He said that CADA is concerned about kei vehicles because they do not need to meet the same safety and emissions standards as those for traditional manufacturers. He discussed how new motor vehicles have drastically reduced their emissions in recent years, problems with ozone in Colorado, how kei vehicles try to bypass these emission standards, and how keis have worse emissions than traditional vehicles. He discussed the vehicle safety requirements that have existed since 1972 that have reduced vehicle homicides and improved safety. He said CADA suggests that rather than reducing standards, federal and state governments should require everyone, including kei vehicles, to meet current standards. He explained how the federal government usually sets the national standard.

01:36 PM

Dennis Haberstumpf, representing ABATE of Colorado, came to the table during public comment and distributed a handout (Attachment G). He said that he would like the legislature to classify three-wheeled vehicles as their own type of vehicle rather than as a motorcycle. He described a new vehicle called the "slingshot" that has two seats side-by-side but is currently classified as a motorcycle. He explained that in statute, safety guidelines require that your legs be on each side of the seat, and spoke to how this is not possible in many of the new vehicles classified as a motorcycle. Committee discussion ensued.

0708TransAttachG.pdf

01:41 PM -- Update from the Public Utilities Commission

Doug Dean, Director, Public Utilities Commission (PUC), introduced himself to the committee. He explained that the PUC has primary oversight responsibility over the Regional Transportation District's (RTD) light rail system but that the federal Moving Ahead for Progress in the 21st Century Act (MAP-21) of 2012 eliminated the PUC's ability to collect money from RTD to cover the costs of the oversight of this system.

Dr. Pamela Fischhaber, Chief of the Rail and Transit Safety Section, PUC, introduced herself to the committee and further explained MAP-21 and funding challenges for the PUC's oversight of RTD's light rail system. She said that the state needs to stay in compliance with federal regulations or could risk losing $250 million in federal funding. Mr. Dean and Dr. Fischhaber proposed that its oversight of RTD could be funded from the fees that the PUC collects from utilities companies that goes directly to the general fund. Mr. Dean discussed the PUC's responsibility for at-grade railroad crossings, how the legislature used to provide funding for local governments to improve these crossings, how the funding formula was changed in 2003, and how the PUC could be a resource for local governments again for improving these at-grade crossings.

01:48 PM

Joe Neguse, Executive Director, Department of Regulatory Agencies (DORA), introduced himself as the new head of DORA and explained his professional background. He said that DORA would like to work with the legislature in reducing regulatory burdens and thanked the legislature for passing HB15-1382. He discussed the PUC's new approach to working with transportation network companies (TNCs). The panel responded to questions from the committee regarding how the PUC makes its records available to public.

01:58 PM

Mr. Dean described how taxicab companies have grown over time, why the $5 vehicle registration fee for taxicabs does not cover the PUC's expenses in providing regulatory oversight of taxicab companies, and the problems with permits that do not expire.

Ron Jack, Chief Operating Officer and Chief of Transportation, PUC, described problems with permits that do not expire and the benefits of changing to a permit that would have to be renewed annually. He discussed how a taxicab company's name can change over time. The panel responded to questions from the committee regarding at-grade railroad crossings, how these improvements used to be funded, how crossing improvements are prioritized, and federal regulations for railroad crossings.

02:10 PM -- Common Carrier Regulation (pursuant to HB15-1316)

Doug Dean, Director, PUC, provided an overview of three tiers of taxicab service regulation depending on the service area: regulated competition in counties outside the Denver metro area, modified regulated competition in the Denver metro area and El Paso county, and regulated monopoly for all other areas. He discussed how regulated monopoly allows existing common carriers to limit new companies if they can prove that new competition would be detrimental to the public interest. He discussed House Bill 15-1316 and the PUC's role in limiting the size of regulated competition.

02:16 PM

Representative Tyler asked why the state should be regulating taxicab companies. Mr. Dean explained that state law requires the PUC to regulate common carriers and described the commission's existing authority to set rates. He said that there have been no new rate cases for the last ten years and that the fare pricing has remained relatively constant during this time. He discussed the complexities of taxicab pricing, how taxicab companies make their money, how lowering rates could hurt drivers, surge pricing, and the need for market fairness. He responded to questions from the committee regarding the need for future taxicab regulation, equity between TNCs and taxicab companies, and how the PUC is working with taxicab companies.

02:23 PM

Ron Jack, Chief Operating Officer, PUC, discussed the process of drafting consensus rules for TNCs. He said that the PUC has been very successful in working with TNCs and plans to take the same approach when the PUC revises rules for common carriers. Representative Tyler asked if the PUC saw a need for changes in legislation. The panel reviewed areas of negotiations between TNCs and taxicabs where the different parties lacked consensus. Discussion ensued regarding the rulemaking process, how federal rules impact state regulations, how HB15-1316 applies differently to TNC drivers and the parent companies, how the PUC cross-checks the hours of service for taxi drivers, and challenges with collecting data from TNCs.

02:32 PM

Mr. Dean and Mr. Jack responded to questions from the committee regarding how other states are handling issues with TNCs and taxicabs. The panel explained that Colorado was the first to legislate TNCs and other states are looking to Colorado as an example. Discussion ensued regarding implementing a study of TNCs, background checks or fingerprint checks for drivers, and separate laws requiring DORA to fingerprint individuals.

02:38 PM

The panel responded to questions from the committee regarding nonconsensual tows.

02:42 PM -- Max Sarr, General Manager, Freedom Cab, came to the table and introduced himself. He discussed how TNCs have more advantages than taxicab companies, how taxicabs have been charged with large fines for violating safety and hours of service requirements, and how taxicabs are losing business to TNCs. He suggested that if TNCs and taxicabs could not have similar regulations then the legislature should deregulate taxicabs. Mr. Sarr responded to questions from the committee regarding whether the hours of service limitation for taxicab companies should be eliminated.

02:49 PM -- Diane Burtolin, representing Metro Taxi, gave a history of taxicab regulations and the government's role in ensuring safe transportation and serving the public without discrimination. She said that the taxicab market is a social structure that is regulated to serve the consumer. She discussed the benefits of regulation including how it reduces the public's safety concerns and increases predictability. She provided an example of deregulation in the Netherlands and discussed the many factors to consider if the government plans to reduce regulation. She responded to questions from the committee regarding other laws in the Netherlands that may have taken the place of regulation and what the country's regulations look like today.

03:05 PM -- Julie Reiskin, Executive Director of the Colorado Cross-Disability Coalition, distributed a handout (Attachment H). She said that Metro Taxi and Yellow Cab have voluntarily integrated accessible vehicles into their fleets. She said that by not requiring taxicab companies to provide accessible vehicles, the state is effectively punishing the companies that do provide them. She discussed data showing the high number of wheelchair users in the Denver metro area, how Winter Park is a top tourist destination for wheelchair users, the need for accessible taxis during snowstorms or for getting to the airport, the challenges with transporting electric wheelchairs, and who can qualify for the "Access-a-Ride" service. Ms. Reiskin responded to questions from the committee regarding whether an accessible vehicle can be used as a regular taxicab and whether Uber offers accessible vehicles.

0708TransAttachH.pdf

03:22 PM -- Kyle Brown, General Manager, Metro Taxi, testified before the committee. He distributed a copy of a study (Attachment I) of taxicab regulation and deregulation to the committee. He discussed how deregulation can put the public at risk, the importance of bringing TNC safety standard to the same level as taxicabs standards, accessibility for low income individuals, and the price of accessible vehicles. He said that without service standards, prices will skyrocket because drivers are going to work for the company where they can make the most money, and as a consequence, all companies will have to raise their rates to attract drivers. He provided a history of taxicab service at Denver International Airport (DIA).

0708TransAttachI.pdf

03:38 PM -- Mr. Dean came to the table to answer questions from the committee regarding whether TNC drivers pay a fee to pick-up or drop-off at the airport and when TNCs were first allowed to serve DIA.

03:46 PM -- Carl Allen, Regional Vice President, Transdev on Demand, introduced himself. He said that Transdev North America is the largest private sector provider of multiple modes of transportation in North America and explained that they operate the Yellow Cab company, Supershuttle, and Execucar in the Denver metro area. He explained that taxicabs and TNCs are in the exact same business of bringing customers from point A to point B for a fee, and discussed how Yellow Cab now has an app called zTrip that allows users to access a taxicab much like a TNC. He also discussed who assumes risk, hours of service regulations, the ability to audit, vehicle markings, and fares. He responded to questions from the committee regarding Transdev's views on open market entry.

04:01 PM

Mr. Jack returned to the table to answer questions from the committee on the insurance requirements for taxicabs and TNCs in Colorado.

04:03 PM -- Abdi Buni, President, Green Taxi, testified before the committee. Mr. Buni discussed the changing nature of the taxicab market and the importance of market competition, and responded to questions from the committee regarding how to improve equitability between TNCs and taxicabs.

04:16 PM -- Elias Chajari, Vice President, Green Taxi, testified before the committee. He discussed the challenges of running a taxi company in Colorado and how he appreciated the passage of HB15-1316. He said the current taxicab company application fee is too expensive.

04:19 PM

The committee adjourned.