Kagi’s highway-safety reform signed into law

New law strengthens Tony Qamar and Daniel Johnson Act

April 9, 2009

OLYMPIA—Three and a half years after Tony Qamar and Daniel Johnson were killed on Highway 101 by a speeding logging truck with a history of safety violations, their deaths continue to inspire highway-safety reforms that can save the lives of others. Gov. Chris Gregoire today signed a law proposed by Rep. Ruth Kagi (D-Shoreline) that applies the highway- safety reforms in the 2007 Tony Qamar and Daniel Johnson Act to more commercial vehicles.

The 2007 law, also sponsored by Kagi, required large commercial trucks that operate within Washington State to get a U.S. Department of Transportation number. This identifier allows safety violations to be tracked and high-risk carriers to be identified in a data base that was previously used only for interstate trucking. The earlier law also authorized the Washington State Patrol (WSP) to put high-risk carriers out of service until all serious safety violations are corrected. The law signed today expands the 2007 reforms to include aeroporters, solid-waste haulers, moving vans, intrastate charter and excursion buses and other commercial vehicles that are regulated by the state Utility and Transportation Commission (UTC). It also creates a mitigation process that allows violators to avoid fines by working with the State Patrol to address safety issues—but allows fines to be doubled for repeat violations.

“We want to encourage voluntary compliance when we can, but if that doesn’t work we need to really lower the boom on the bad actors who flout the rules,” said Kagi. The success of the 2007 law prompted the UTC to request the expansion.

“We believe this legislation will improve safety by improving our ability to identify high-risk carriers,” said Steve King, who serves as the Director of Safety and Consumer Protection for the UTC.

The Tony Qamar and Daniel Johnson Act has been widely praised by lawmakers, law enforcement and the trucking industry since its passage.

“It’s made a difference. You never know whose lives you save, but we know it has saved lives,” said Mary Margaret Haugen (D- Camano Island), Chair of the Senate Transportation Committee. The State Patrol also hailed the success of the 2007 law and endorsed Kagi’s efforts to expand the safety reforms.

“We’ve seen a tremendous difference in our ability to work with some of the carriers … and being able to get them into compliance with state and federal regulations,“ said Captain Darrin Grondel, Commercial Vehicle Commander for the State Patrol. Larry Pursley, Executive Vice President for the Washington Trucking Association, told a March 31 public hearing that the trucking industry also wants to see the earlier law expanded to cover more commercial vehicles.

“We’re here today in whole-hearted support of this legislation,” Pursley said. “This is designed to get the worst of the worst off the road.” Tony Qamar and Daniel Johnson were prominent scientists who were killed near Humptulips on Oct. 4, 2005 when logs spilled from an overloaded and speeding logging truck. Although the driver and company that operated the truck had a history of safety violations and equipment problems, there was no system for focusing safety inspections and enforcement efforts on chronic violators. That gap was remedied by the law named in their honor. Qamar’s widow, Dr. Kathleen Ellsbury, helped to lead passage of Kagi’s 2007 and 2009 highway-safety reforms.

“This bill would increase the consequences for commercial drivers and carriers if they disregard the law,” Ellsbury said in a February 10 letter that was distributed to legislative committees. “We must fully support the State Patrol in their efforts to enforce the law. We must continue efforts to make our roads safer.”

Kagi’s measure, House Bill 1843, sailed through the House and Senate with strong bipartisan support.

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