[Senate Report 112-93]
[From the U.S. Government Publishing Office]
Calendar No. 227
112th Congress Report
1st Session SENATE 112-93
_______________________________________________________________________
MOTORCOACH ENHANCED SAFETY ACT OF 2011
__________
R E P O R T
OF THE
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 453
November 9, 2011.--Ordered to be printed
_______
U.S. GOVERNMENT PRINTING OFFICE
19-010 WASHINGTON : 2011
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred twelfth congress
first session
JOHN D. ROCKEFELLER IV, West Virginia, Chairman
DANIEL K. INOUYE, Hawaii KAY BAILEY HUTCHISON, Texas
JOHN F. KERRY, Massachusetts OLYMPIA J. SNOWE, Maine
BARBARA BOXER, California JIM DeMINT, South Carolina
BILL NELSON, Florida JOHN THUNE, South Dakota
MARIA CANTWELL, Washington ROGER F. WICKER, Mississippi
FRANK R. LAUTENBERG, New Jersey JOHNNY ISAKSON, Georgia
MARK PRYOR, Arkansas ROY BLUNT, Missouri
CLAIRE McCASKILL, Missouri JOHN BOOZMAN, Arkansas
AMY KLOBUCHAR, Minnesota PATRICK J. TOOMEY, Pennsylvania
TOM UDALL, New Mexico MARCO RUBIO, Florida
MARK WARNER, Virginia KELLY AYOTTE, New Hampshire
MARK BEGICH, Alaska DEAN HELLER, Nevada
Ellen Doneski, Staff Director
James Reid, Deputy Staff Director
Bruce Andrews, General Counsel
Todd Bertoson, Republican Staff Director
Jarrod Thompson, Republican Deputy Staff Director
Rebecca Seidel, Republican General Counsel
Calendar No. 227
112th Congress Report
SENATE
1st Session 112-93
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MOTORCOACH ENHANCED SAFETY ACT OF 2011
_______
November 9, 2011.--Ordered to be printed
_______
Mr. Rockefeller, from the Committee on Commerce, Science, and
Transportation, submitted the following
REPORT
[To accompany S. 453]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 453) to improve the safety of
motorcoaches, and for other purposes, having considered the
same, reports favorably thereon with an amendment (in the
nature of a substitute) and recommends that the bill (as
amended) do pass.
Purpose of the Bill
S. 453, the Motorcoach Enhanced Safety Act of 2011, is a bill
to improve the safety of commercial over-the-road motorcoach
operations by addressing the predominant factors impacting
safety: the condition of the vehicle, the qualifications and
physical condition of the driver, and the safety practices of
the motorcoach company. To accomplish its objectives, the bill
would require the installation of enhanced safety devices,
including safety belts and advanced window glazing to prevent
passenger ejections; raise standards for driver training and
testing; establish additional requirements for new motorcoach
operators; increase oversight of existing motorcoach operators;
and require the Federal Motor Carrier Safety Administration
(FMCSA) to issue a regulation on the use of cell phones and
other distracting devices by motorcoach operators.
Background and Need
A motorcoach is a bus designed for intercity transportation
of passengers and has an elevated deck located over a baggage
compartment. According to the American Bus Association's
Motorcoach Census Update 2010, 3,921 companies operated 35,026
motorcoaches in 2009.
The motorcoach industry provided approximately 723 million
motorcoach passenger trips over 1.7 billion motorcoach service
miles in 2009. Slightly over half of all motorcoach mileage
consists of charter and tour buses, and about one-quarter
consists of scheduled services (e.g. Greyhound). The remaining
balance includes commuter motorcoach service, special
operations, and airport shuttles.
Over the past 10 years, motorcoach crashes have resulted in
an average of about 16 occupant fatalities per year. However,
in recent years a number of serious accidents resulting in
multiple fatalities have called into question both the safety
of motorcoach vehicles and the safety of motorcoach companies
and their drivers. Among the most serious accidents have been
the following:
Donegal, PA: A bus operated by Mr. Ho Charter
Service was involved in a crash on the Pennsylvania
Turnpike, in which the co-driver was killed and 24
passengers and the driver were injured. On June 7,
2011, FMCSA safety investigators conducted a compliance
review on Mr. Ho Charter Service and cited the company
for failure to conduct random drug and alcohol tests on
its drivers and issued substantial civil penalty fines.
After the crash, FMCSA determined that the two drivers
involved in the fatal crash had not been pre-employment
controlled substances tested and had falsified their
records. The cause of the crash is under investigation
by Federal and State authorities. (June 27, 2011)
Doswell, VA: A bus traveling from Greensboro, North
Carolina to New York City departed the right side of
the highway and rolled over, killing four passengers.
The bus was traveling northbound on Interstate 95.
Later that day, FMCSA issued an unsatisfactory safety
rating and placed the operator, Sky Express, out of
service for violating multiple Federal safety
regulations. In addition, FMCSA discovered that Sky
Express was attempting to operate under a different
company name in the wake of the crash. FMCSA issued a
cease and desist order against Sky Express as a result
of this discovery. (May 31, 2011)
Cle Elum, WA: A bus traveling on Interstate 90
attempted to change lanes to avoid a disabled pickup
truck on the right shoulder, not seeing a passenger car
traveling in the left lane. The bus then swerved to
avoid hitting the car, striking the pickup truck, and
rolling onto its side. Two passengers were killed. A
local investigation of the crash is ongoing. (May 28,
2011)
Littleton, NH: A tour bus crash on Interstate 93
injured 23 people, 5 seriously, when it slid off the
ice and snow-covered highway. The bus accident occurred
just after 8 p.m., as the bus was headed to Boston from
Quebec. Twenty-three of the 25 people on board the bus
were injured in the crash. The passengers on the bus
were visiting from Korea. The National Transportation
Safety Board (NTSB) is investigating the accident.
(March 21, 2011)
East Brunswick, NJ: One passenger and the driver
were killed when a charter tour bus lost control and
crashed into a guardrail and a concrete embankment on
the New Jersey Turnpike and veered into a drainage
ditch while traveling from New York City to
Philadelphia via the New Jersey Turnpike. The NTSB is
investigating the accident. (March 14, 2011)
New York, NY: Fifteen passengers were killed when a
tour bus operated by World Wide Travel of Greater New
York overturned and slid 480 feet before striking a
sign post on Interstate 95 in the Bronx. The bus was
carrying 31 passengers returning to New York City from
Mohegan Sun Casino in Uncasville, CT. The NTSB is
investigating the accident. The FMCSA has indicated
that drivers with World Wide Travel of Greater New York
have been cited five times for fatigued driving over
the past two years. A lawsuit filed by one of the crash
survivors has alleged that the driver fell asleep while
driving, an allegation the driver denies. (March 12,
2011)
Bethesda, MD: The driver of a charter bus was
killed when the bus crashed through a barrier on I-270.
The bus was traveling from Washington, DC to
Pennsylvania. An NTSB investigation is ongoing.
(September 29, 2010)
Dolan Springs, AZ: A tour bus departed the highway
and rolled over as it crossed the center median. The
bus came to rest on its side in the opposing traffic
lanes. The NTSB has determined that the probable cause
was the bus driver's inadvertent drift from the driving
lane due to distraction caused by his manipulation of
the driver's side door and subsequent abrupt steering
maneuver. (January 30, 2009)
Williams, CA: Nine passengers were killed and 34
injured when the driver of a charter bus bound for a
casino lost control of the vehicle. The motorcoach
veered into the oncoming lane of traffic and rolled
completely over. The driver did not have a license
endorsement to transport passengers and had a history
of moving violations and substance abuse. (October 5,
2008)
Sherman, TX: An improperly inflated tire burst,
causing a motorcoach carrying 55 passengers to run off
a bridge and roll over, killing 17. The motorcoach was
transporting members of a Vietnamese-American church
group from Houston, TX to Carthage, MO. The NTSB has
determined that the probable cause of the accident was
the failure of the right steer axle tire. The NTSB's
investigation also revealed that the carrier, Iguala
BusMex, was a ``chameleon'' or ``reincarnated''
carrier. Its predecessor, Angel Tours, had been taken
out of service on June 23, 2008. (August 8, 2008)
Mexican Hat, UT: A charter bus carrying passengers
returning to Phoenix, AZ, from a ski trip in Telluride,
CO, ran off the road and rolled 360 degrees, landing on
its wheels. Fifty of the 53 occupants were ejected
during the rollover, killing 9. The cause of the
accident was deemed to be driver fatigue. (January 6,
2008)
Victoria, TX: A 47 passenger motorcoach was
traveling northbound about five miles south of
Victoria, Texas, when the motorcoach driver overturned
and struck a guardrail. One passenger was fatally
injured and 46 passengers and the driver received
injuries ranging from minor to serious. The NTSB
determined that the probable cause of this accident was
the driver falling asleep, which caused him to
partially drift off the road, resulting in oversteer
corrections when the driver regained awareness, and
subsequent vehicle loss of control and overturn.
(January 2, 2008)
Atlanta, GA: A motorcoach carrying 33 members of
the Bluffton University baseball team from Toledo, OH,
to Sarasota, FL, overrode an elevated exit ramp and
fell 19 feet onto the southbound lanes of Interstate
75, killing the driver, his wife, and five passengers.
According to the NTSB, the driver mistook the left-lane
exit ramp for the through HOV (high occupancy vehicle)
lane. The NTSB also noted that the driver was not
properly rested. (March 2, 2007)
Wilmer, TX: A fire caused by an overheated wheel
resulted in the deaths of 23 of its 44 passengers. The
motorcoach was evacuating patients and staff from a
Houston assisted living center in advance of Hurricane
Rita. Many of the passengers were not ambulatory,
preventing them from exiting the bus. (September 23,
2005)
Jurisdiction over motorcoach safety is shared between the
National Highway Traffic Safety Administration (NHTSA) and
FMCSA. NHTSA has responsibility for issuing and enforcing
Federal Motor Vehicle Safety Standards (FMVSSs) to which
manufacturers of motor vehicles and equipment items must
conform and certify compliance. FMVSSs fall into two primary
categories: crash avoidance (e.g., brake systems, hood latch
systems, and tires) and crashworthiness (e.g., occupant
protection, seat belt assemblies, and roof crush resistance).
Motorcoaches are exempt from most crashworthiness standards.
FMCSA's primary mission is to prevent commercial motor
vehicle-related crashes, fatalities, and injuries and to
promote the safety of trucks and buses through oversight of
truck and bus companies, commercial drivers, and commercial
vehicles. Among other responsibilities, FMCSA manages the Motor
Carrier Safety Assistance Program, which provides grants to
States for enforcing commercial motor vehicle (CMV) and bus
safety regulations, primarily through roadside inspections and
in-depth safety compliance reviews (CRs). In 2008, the agency
completed 1,399 motorcoach CRs, up from 457 in fiscal year (FY)
2005, and nearly 150,000 motorcoach roadside inspections, up
from 56,000 inspections in FY 2005.
FMCSA also develops, maintains, and enforces Federal Motor
Carrier Safety Regulations (FMCSRs) that promote carrier
safety, industry productivity, and new technologies. FMCSRs
include rules to ensure that the motorcoach is in proper
working condition and is systematically maintained; that the
driver is physically qualified and licensed; and that the
driver complies with the agency's hours-of-service regulations.
In addition to the roles of NHTSA and FMCSA, the NTSB
investigates serious motorcoach accidents, determines their
probable causes, and issues safety recommendations to various
entities, including the U.S. Department of Transportation (DOT)
and its agencies, States, and the motorcoach industry. There
are currently more than 100 open NTSB safety recommendations
related to motorcoach safety that have been issued to Federal
agencies, States, industry, and safety organizations. These
include prohibiting the use of cellular phones by motorcoach
drivers except in emergencies; requiring electronic on-board
recorders (EOBRs) for interstate operators; redesigning
motorcoach window emergency exits so that they can be easily
opened; issuing standards for stronger bus roofs; devising new
standards to protect motorcoach passengers from being ejected
in an accident; and improving medical oversight of commercial
drivers. The NTSB recently revamped its ``Most Wanted'' list to
highlight 10 safety issues and included two items related to
motorcoaches and their drivers: bus occupant safety and human
fatigue.
In April 2009, DOT Secretary Ray LaHood ordered a full
departmental review of motorcoach safety. The DOT's resulting
Motorcoach Safety Action Plan, issued November 16, 2009, is
aimed at addressing the issues that contribute to the majority
of motorcoach crashes: driver fatigue, vehicle rollover,
occupant ejection, and operator maintenance issues. The safety
plan established the following priority action items:
Initiate rulemakings to (1) require EOBRs on all
motorcoaches to better monitor drivers' duty hours and
manage fatigue, (2) prohibit the use of cellular
telephones and other distracting devices by motorcoach
drivers, and (3) require the installation of safety
belts on motorcoaches to improve occupant protection;
Develop roof crush performance requirements to
enhance structural integrity, and performance
requirements for stability control systems on
motorcoaches to reduce rollover events;
Enhance oversight of carriers attempting to evade
sanctions and of other unsafe motorcoach companies; and
Establish minimum knowledge requirements for ``new
entrants'' applying for authority to transport
passengers.
While the safety action plan represents progress by DOT,
legislation is still needed to make statutory changes to
improve motorcoach safety; to address issues not covered by the
plan or to address them more thoroughly; and to establish firm
deadlines for the implementation of new technologies and
operating rules for FMCSA and NHTSA. While DOT has made headway
in implementing elements of the motorcoach safety action plan,
the Department has fallen behind in several critical areas.
Even though the plan was issued almost 2 years ago, NHTSA still
has not produced a final rule requiring seat belt installation
on new motorcoaches, which is arguably the most important
safety initiative in the plan, and is late on other critical
rulemakings, such as new roof crush standards and research of
window glazing to prevent passenger ejections.
VEHICLE-RELATED SAFETY ISSUES
According to Fatality Analysis Reporting System data
published by DOT, approximately half of all motorcoach
fatalities from 1999 to 2008 have occurred as the result of
rollovers, and 74 percent of the individuals killed in rollover
accidents were ejected from the motorcoach.\1\
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\1\U.S. Department of Transportation, Motorcoach Safety Action
Plan, November 2009, p. 13.
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Under chapter 301 of title 49, United States Code, NHTSA is
required to issue minimum FMVSSs to which manufacturers of
motor vehicles and motor vehicle equipment must conform and
certify compliance. FMVSSs are intended to protect the public
against an unreasonable risk of crashes occurring as a result
of the design, construction, or performance of motor vehicles,
and against an unreasonable risk of death or injury in the
event of a crash. There are currently more than 60 FMVSSs,
including standards for safety belt assemblies, school bus
crash protection, brake systems, and other vehicle systems and
components. Of the total FMVSSs, 23 relate to crashworthiness
standards. Today, only 2 of NHTSA's 22 crashworthiness
standards apply to motorcoaches: FMVSS 217, which establishes
minimum requirements for motorcoach emergency exits and window
retention and release, and FMVSS 302, which establishes
standards for the flammability of interior materials.\2\
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\2\FMVSS 208, ``Occupant crash protection,'' FMVSS 209, ``Seat belt
assemblies,'' and FMVSS 210, ``Seat belt assembly anchorages,'' apply
to the driver's seat only.
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Enhanced protection of motorcoach passengers has been a
primary focus of NTSB recommendations and on the NTSB's ``Most
Wanted'' list since 2000. As mentioned above, in the recent
revision to the ``Most Wanted'' list it was retained as one of
the 10 highlighted issues. Specifically, NTSB has called upon
NHTSA to set standards for motorcoach window emergency exits so
they can be easily opened; issue standards for stronger bus
roofs and require them in new motorcoaches; and devise new
standards to protect motorcoach passengers from being thrown
out of their seats or ejected when a bus sustains an impact or
rolls over.
Today, only the driver's seat on a motorcoach must be
equipped with a safety belt. For many years, NHTSA believed
that safety belts were not needed for motorcoach passengers
because the space they occupy is adequately
``compartmentalized'' by other seats and the sides of the bus
to provide adequate protection in the event of a crash. Other
countries have not shared this view. In 1994, Australia
mandated lap and shoulder belts on motorcoaches, and in 1998, a
lap belt or lap/shoulder belt was mandated in European Union
members. By 2007, NHTSA had concluded that ``[i]nstalling seat
belts would be the most direct method of retaining passengers
within the seating compartment,''\3\ and as part of the new
motorcoach safety action plan, NHTSA committed to issuing a
Notice of Proposed Rulemaking to require safety belts on
motorcoaches in the first quarter of 2010. However, publication
of a proposed rule fell behind schedule and was delayed until
August 2010. NHTSA expects to publish a final rule in 2012.
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\3\National Highway Traffic Safety Administration, NHTSA's Approach
to Motorcoach Safety, August 2007.
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Roof strength impacts the amount of survival space in the
event of a crash and may reduce the effectiveness of the
vehicle's windows in preventing ejection. In 2008, NHTSA
performed a crash test on two motorcoaches to assess the
vehicles' roof strength in comparison to NHTSA's standard for
school buses and the European standard. Both buses, which were
tipped over from a standing position, failed to meet either
standard. NTSB has called on NHTSA to develop performance
standards for motorcoach roof strength to ``provide maximum
survival space for all seating positions.'' NHTSA plans to
publish a Notice of Proposed Rulemaking on this issue later
this year.
Advanced window glazing that holds shattered windows together
can reduce injuries and prevent ejection in an accident. In
2003, NHTSA and Transport Canada initiated a joint research
program focusing on advanced glazing and window retention for
motorcoaches. NHTSA believes additional research is needed, and
that the benefits of advanced glazing depend upon improvements
in roof strength and the structural integrity of motorcoach
windows. NHTSA anticipates further action on this issue in late
2011.
NHTSA is also studying the use of electronic stability
control (ESC) systems to prevent motorcoaches from rolling
over. After completing these studies, NHTSA will determine
whether to require ESC systems on motorcoaches. In 2007, NHTSA
mandated ESC systems on passenger cars, multipurpose passenger
vehicles, trucks, and buses with a gross vehicle weight of
10,000 pounds or less. NHTSA anticipates further action on this
issue later in 2011.
Another major area of concern with respect to motorcoaches is
fire safety. In the past 10 years, 24 occupants have died as a
result of fires, 23 of whom were killed in the Wilmer, TX,
accident in 2005. Currently, the only fire safety requirement
is FMVSS No. 302, which sets flammability standards for
interior materials. A recent study of motorcoach fires by the
Volpe National Transportation Systems Center found that the
ignition point for 36 percent of motorcoach fires is either a
tire or wheel hub/bearing, including the accident in Wilmer,
Texas.
In conjunction with the National Institute of Standards and
Technology, NHTSA is analyzing the feasibility of requiring
more fire resistant exterior components and methods to prevent
fire and smoke inhalation injuries if a fire occurs. However,
the Committee believes a comprehensive assessment of fire
safety is needed, followed by issuance of new performance
requirements based on the results of that assessment.
The legislation also addresses vehicle inspections. Today,
CMVs, including motorcoaches, are required to be inspected at
least once a year. The inspection is to be based on Federal
inspection standards, or a State inspection program determined
by FMCSA to be comparable to, or as effective as, the Federal
standards. If a State does not have a program, the motor
carrier may self-inspect and certify that its vehicles comply
with annual inspection requirements, provided the inspector is
qualified and certified. Less than half of the States (23
States and the District of Columbia) have inspection programs
approved by FMCSA as comparable to Federal inspection
standards.
The NTSB found that poor vehicle maintenance was the probable
cause of the Wilmer, TX, accident. The wheel well in the third
axle on the right side of the motorcoach was not properly
lubricated, causing the wheel to overheat and ignite a fire. In
addition, the vehicle had not been inspected or properly
registered.
CARRIER-RELATED SAFETY ISSUES
As reported, S. 453 would address four significant safety
problems associated with motorcoach companies: new entrants,
``chameleon'' carriers, safety fitness ratings, and bus rental/
leasing companies.
A new entrant program was created by the Motor Carrier Safety
Improvement Act of 1999 (MCSIA, P.L. 106-159), following a
study conducted by the Volpe National Transportation Systems
Center finding that the rate of critical violations of safety
regulations was 206.3 per 1,000 drivers for new entrants
compared to 11.8 for experienced carriers. The current new
entrant program requires new truck and bus operators to undergo
a safety audit within their first 18 months of operation, but
does not require any demonstration of knowledge of Federal
requirements before a carrier begins operating. MCSIA directed
DOT to consider establishing a proficiency exam to ensure new
operators understand applicable safety regulations. Instead,
FMCSA created a form by which a new entrant could self-certify
that it has a system in place to ensure compliance with safety
regulations.
The NTSB's investigation of the Sherman, TX, bus crash
revealed that the motorcoach operator, Iguala BusMex, was a
``chameleon'' or reincarnated carrier. Its predecessor, Angel
Tours, had been taken out of service on June 23, 2008, after
the company failed to submit a plan of action to address a
compliance review in which the carrier received an
unsatisfactory rating. Iguala BusMex filed for operating
authority with FMCSA on July 27, 2008. At the time of the
Sherman accident, on August 8, 2008, Iguala BusMex's
application for operating authority was still pending.
Following the Sherman, TX, crash, the Government
Accountability Office (GAO) analyzed FMCSA motorcoach data for
FYs 2007 and 2008, and identified 20 motorcoach companies that
likely reincarnated from out-of-service carriers.\4\ These
companies represented about 9 percent of the approximately 220
motorcoach carriers FMCSA placed out of service during the 2
year period. FMCSA has since instituted a process for vetting
new entrants to ensure that the carrier is not a chameleon
carrier. However, technical changes are needed to clarify
FMCSA's authority to revoke the operating authority of
reincarnated carriers already in operation, and to make
motorcoach companies responsible for reporting prior
relationships with other companies.
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\4\U.S. Government Accountability Office, Motor Carrier Safety:
Reincarnating Commercial Vehicle Companies Pose Safety Threat to
Motoring Public; Federal Safety Agency Has Initiated Efforts to Prevent
Future Occurrences. July 2009, GAO-09-924.
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FMCSA is required to determine the safety fitness of CMVs,
including motorcoaches. Safety fitness determinations are
currently tied to CRs, which are labor intensive and cover only
a fraction of all motor carrier operators (although coverage
has been significantly greater in the past few years for
motorcoach companies). In 2010, FMCSA launched a new safety
fitness program called Compliance Safety Accountability (CSA).
The agency's new program rates carriers on seven Behavior
Analysis and Safety Improvement Categories (BASICs), including
unsafe and fatigued driving, driver fitness, vehicle
maintenance, cargo-related, and crash involvement, based on
safety data obtained in roadside inspections and CRs. All
carriers will receive safety ratings, and their ratings will be
updated more frequently.
In discussions with FMCSA about S. 453, the agency noted that
it has encountered large motorcoach rental companies that
perform operations similar to bus charter companies. These
rental operations may provide rental customers--often colleges,
church groups, and similar organizations--with names and
contact information of drivers who are purportedly independent
of the company. The customer often assumes that the rental
company is responsible for safety matters. Under current law,
however, the rental customer is actually responsible for
vehicle safety as a private motor carrier of passengers,
including the safe operation of the vehicle, driver
qualifications, and other requirements, which has led to
noncompliance with Federal requirements.
DRIVER-RELATED SAFETY ISSUES
Since 1998, the NTSB has determined the probable cause on 17
fatal motorcoach accidents involving 140 fatalities. Seven of
those accidents, which resulted in 46 fatalities, were caused
by the motorcoach driver's fatigue.
FMCSA is responsible for regulating and enforcing the maximum
hours of service truck and motorcoach drivers may be behind the
wheel and on duty. For motorcoaches, the hours-of-service
regulations provide that an operator may drive a maximum of 10
hours and be on duty for 15 hours, following 8 consecutive
hours off duty. In addition to driver fatigue being the single
largest root cause of motorcoach fatalities, improper or false
records of duty status are currently the most frequent
violations found by FMCSA in conducting motorcoach CRs,
accounting for 16 percent of all violations. To address the
problem, the Motorcoach Safety Plan calls for FMCSA to issue a
Notice of Proposed Rulemaking in the third quarter of 2010 to
require the installation of EOBRs on all motorcoaches, as well
as a broader application of EOBRs to motor carriers. FMCSA is
currently completing a rulemaking to require EOBRs on all CMVs,
including motorcoaches, and anticipates completing it later
this year.
For more than 20 years, Congress has pressed for the
development of driver training and testing standards for
commercial drivers. In 1986, the Commercial Motor Vehicle
Safety Act (P.L. 99-570) created the Commercial Driver's
License (CDL) program and directed FMCSA's predecessor agency,
the Federal Highway Administration (FHWA), to develop minimum
Federal standards the States must meet when testing and
licensing CMV drivers. In 1991, the Intermodal Surface
Transportation Efficiency Act (P.L. 102-240) directed DOT to
initiate a rulemaking on the need to require training of all
entry-level commercial drivers. FMCSA initiated the rulemaking
in 1993 and issued a final rule in 2004. The rule was
challenged in court as failing to address key safety issues,
including adequate ``behind-the-wheel'' training, and
disregarding the recommendations of DOT's own comprehensive
report on driver training completed in 1995. The U.S. Court of
Appeals, District of Columbia Circuit, agreed, concluding,
``The agency, without coherent explanation, has promulgated a
rule that is so at odds with the record assembled by DOT that
the action cannot stand.''\5\ The final rule was remanded to
the agency for reconsideration. On December 26, 2007, FMCSA
issued a new proposed rule, which remains pending.
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\5\Advocates for Highway and Auto Safety v. Federal Motor Carrier
Safety Administration, 429 F. 3d 1136 (2005).
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All drivers of CMVs in interstate commerce that have a gross
vehicle weight of at least 10,001 pounds must be medically
certified every 2 years as physically qualified to operate the
vehicle. In 2005, the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users (P.L. 109-59)
established a new medical program to establish medical
standards for commercial drivers, requirements for physical
examinations of drivers, standards for medical examiners, and a
national registry of medical examiners.
Distracted driving is a growing problem for all drivers,
including drivers of commercial vehicles. A 2009 study
conducted by the Virginia Tech Transportation Institute found
that a driver of a heavy vehicle/truck text messaging while
driving is 23.2 times more at risk of a crash or near crash
event. Drivers texting were found to take their eyes off the
wheel for an average of 4.6 seconds, equating to a driver
traveling the length of a football field at 55 miles per hour.
In September 2010, FMCSA issued a final rule to prohibit CMV
drivers, including motorcoach drivers, from texting while
driving. It also issued a proposed rule to limit the hand-held
use of mobile phones and driver disqualification sanctions for
interstate CMV drivers and CDL holders who violate Federal or
State distracted driving laws. In December 2010, the Commerce
Committee reported broad distracted driving legislation, which
included a requirement that FMCSA issue rules with respect to
CMV drivers, including motorcoach drivers.
Summary of Provisions
S. 453, as reported, would give occupant protection in
rollover accidents the highest priority, and direct NHTSA to
issue regulations within 1 year of enactment requiring the
installation of safety belts in all motorcoach seats and the
installation of improved firefighting equipment. The Committee
intends that this requirement be limited to improved fire
extinguishers or other ``off the shelf'' equipment that can be
installed without retrofitting of the motorcoach. Within 18
months NHTSA must issue regulations on improved roof strength
and crush resistance standards and the installation of advanced
window glazing to prevent passenger ejection.
In addition, to address a major source of roadside, or run-
off-the-road, accidents, the bill would require the issuance of
regulations within 2 years of enactment to upgrade tire
performance standards, and to require motorcoaches to be
equipped with tire pressure monitoring systems that notify the
driver when tire pressure is low. The bill would also require
systems to avoid rollover crashes. The requirements would apply
to all new motorcoaches manufactured more than 2 years
following the issuance of a final rule; retrofitting of
existing motorcoaches could be required by NHTSA based on an
assessment of the feasibility, benefits, and costs of
retrofits.
Within 18 months following enactment, NHTSA would be required
to evaluate flammability standards for exterior components;
flammability standards for interior materials; resistance to
wheel well fires; automatic fire suppression technology; and
improved bus design to speed passenger evacuations in the event
of an emergency. Any performance requirements called for based
on the results of the research would be issued within 3 years
following enactment. Finally, the bill would direct NHTSA to
conduct research on occupant protection and collision avoidance
and, within 2 years of the completion of each initiative, issue
a regulation or standard based on its research findings.
While research and analysis on many of the above issues has
been underway for some time, the Committee is concerned about
the lack of progress and is therefore setting aggressive
deadlines for the completion of this important work. However,
the Committee wishes to proceed with regulations and standards
on the basis of careful and thorough research and testing.
Where the legislation provides for the issuance of performance
requirements, regulations, or standards based on the results of
an evaluation or research, the Committee expects NHTSA may
issue strong regulations on some issues, but may conclude no
action is needed on others, depending on the results of its
work.
The Committee supports the existing requirement under 49
U.S.C. 30103(b) that new equipment standards be uniform
nationwide: ``When a motor vehicle safety standard is in effect
under this chapter, a State or a political subdivision of a
State may prescribe or continue in effect a standard applicable
to the same aspect of performance of a motor vehicle or motor
vehicle equipment only if the standard is identical to the
standard prescribed under this chapter.'' Motorcoach operations
are predominantly interstate in nature, and a patchwork of
different and potentially conflicting State regulations would
be very problematic. Despite this protection, there is concern
that States could adopt different requirements before NHTSA
standards under section 3 of the bill become applicable. The
Committee intends that the current provision for uniformity
should also apply until NHTSA's new standards become
applicable.
The reported legislation would require FMCSA to complete a
rulemaking within 3 years after enactment to consider requiring
all States to conduct annual inspections of CMVs used to
transport passengers. The rulemaking would include an
assessment of the risks associated with inadequately maintained
vehicles, and the costs and benefits of a mandatory State
inspection program.
With the support of the Advocates for Highway and Auto Safety
and the motorcoach industry, the bill as reported would require
each new motorcoach company, as a condition of receiving
operating authority, to undergo a pre-authorization safety
audit (PASA). The audit would verify that the carrier has in
place drug and alcohol testing, vehicle maintenance and safety
management programs, and a system to comply with hours-of-
service regulations. The audit would also verify that its
drivers are properly licensed and that its vehicles have been
properly inspected. New entrants also would be required to
successfully complete a written examination developed by FMCSA.
Further, the current safety audit would be required to be
completed for new motorcoach company within 9 months after the
carrier begins operating, rather than the current 18-month
timetable for a safety audit.
The Committee is aware that this will be a demanding new
requirement for FMCSA. While no new authorization of
appropriations is provided to fund the PASA program, the
Committee intends to address the resource issue when a firm
cost estimate is developed. Further, the Committee recognizes
that a PASA may not be practical for other commercial
transportation operations. A PASA is a realistic approach for
the motorcoach industry because the universe of new entrants is
relatively small, at less than 1,000 annually.
S. 453 also would give FMCSA the authority to revoke
operating authority already granted to chameleon carriers.
Further, new motorcoach operators would be required, as a
condition of receiving operating authority, to disclose all
relationships with other motor carriers over the past 3 years.
Noncompliance with the new requirements also would be taken
into consideration for purposes of assessing civil penalties.
The bill would require FMCSA to determine the safety fitness
and assign a safety rating to each motorcoach operator within 3
years of enactment. The amendment would support the CSA
initiative by directing FMCSA to establish a process for
periodic review of each motorcoach operator after it has
received an initial rating, with progressive intervention as
needed. The agency would be required, however, to update each
carrier's fitness rating no less than every 3 years. S. 453
also would expand FMCSA's safety jurisdiction to include
certain bus rental and leasing operations, and brokers for
motor carriers of passengers.
S. 453, in recognition of the contributions EOBRs can make to
enforcement of the hours-of-service rules by automatically
recording the amount of time a vehicle is driven, would direct
the agency to prescribe regulations requiring EOBRs on
motorcoaches within 1 year after enactment. NHTSA also would be
required to complete an evaluation of event data recorders, and
issue regulations based on the results of its evaluation.
As reported, S. 453 supports FMCSA's ongoing efforts on
driver training and testing by directing the agency to
establish minimum curricular requirements for schools that
train motorcoach operators. Driver training schools would issue
a certificate to the driver upon completion of the training
curriculum, and the CDL applicant would be required to present
the certificate to the State licensing authority as a condition
of taking the CDL exam. To avoid fraud, the certificate also
would be sent by the school to the State licensing authority to
be compared with the document presented by the CDL applicant.
Finally, the bill would direct FMCSA to determine whether it
would be feasible to establish a system for certifying
motorcoach driver training schools.
With respect to improved testing, the legislation would
direct FMCSA to issue a final rule in its ongoing proceeding
within 6 months after enactment. The bill would also require a
report to the Senate Committee on Commerce, Science, and
Transportation and the House Transportation and Infrastructure
Committee detailing a plan to extend CDL licensing requirements
to operators of 9-15 passenger vans. This report will allow the
Committees to evaluate further legislative action on this
issue, and is not a requirement for FMCSA to implement any new
licensing requirement for 9-15 passenger vans.
The legislation would require that medical examiners pass a
rigorous written examination in order to be listed in the
national registry, and demonstrate a willingness to comply with
FMCSA reporting requirements. The amendment also would require
that medical certificates be issued to both the driver and the
appropriate State licensing authority. As a condition of
receiving MCSAP funds, States would be required to compare the
medical certificate received from the medical examiner with the
certificate supplied by the driver to ensure the accuracy and
validity of the certificate. Each year, FMCSA would be required
to review the licensing authorities of 20 States to assess the
accuracy, validity, and timeliness of physical examination
reports and medical certificates submitted to the State, as
well as the processing of the submissions by the licensing
authority.
Finally, the bill would direct FMCSA to issue a regulation to
prohibit the use of distracting electronic or wireless devices
by motorcoach drivers within 1 year of the date of enactment.
Legislative History
S. 453 was introduced by Senator Sherrod Brown and Ranking
Member Hutchison on March 2, 2011, and was referred to the
Senate Committee on Commerce, Science, and Transportation.
Following introduction, Senators Blumenthal, Gillibrand,
Lautenberg, Rockefeller and Schumer cosponsored the
legislation. An oversight hearing on bus safety was held by the
Commerce Committee's Subcommittee on Surface Transportation and
Merchant Marine Infrastructure, Safety, and Security on March
30, 2011. On May 5, 2011, the Committee met in open Executive
Session and, by voice vote, ordered S. 453 reported favorable,
as amended, with an amendment in the nature of a substitute.
Estimated Costs
In accordance with paragraph 11(a) of rule XXVI of the
Standing Rules of the Senate and section 403 of the
Congressional Budget Act of 1974, the Committee provides the
following cost estimate, prepared by the Congressional Budget
Office:
S. 453--Motorcoach Enhanced Safety Act of 2011
Summary: S. 453 would require two agencies within the
Department of Transportation (DOT) to establish new safety
standards and regulations for most interstate busses, complete
research on bus safety, and create a new training curriculum
for operators of interstate busses. Based on information from
DOT, CBO estimates that implementing the bill would cost $34
million over the 2012-2016 period, assuming appropriation of
the necessary amounts.
Pay-as-you-go procedures apply to this legislation because
it would affect revenues. S. 453 would require DOT to conduct
safety audits for certain new bus companies for a charge of up
to $1,200 per audit. Such regulatory fees are recorded in the
budget as revenues. CBO estimates that this provision would
raise revenues by $10 million over the 2011-2021 period.
Enacting the bill would not affect direct spending.
S. 453 would impose intergovernmental and private-sector
mandates, as defined in the Unfunded Mandates Reform Act
(UMRA), on manufacturers of motorcoaches, motorcoach owners,
state transportation agencies, and medical examiners. Because
of uncertainty about the number of entities affected and the
scope of future regulations, CBO cannot determine whether the
aggregate cost of the mandates in the bill would exceed the
annual thresholds established in UMRA for intergovernmental or
private-sector mandates ($71 million and $142 million in 2011,
respectively, adjusted annually for inflation).
CBO has not reviewed part of section 6(a)(2) of the bill
for mandates. Section 4 of UMRA excludes from the application
of that act any legislative provisions that enforce statutory
rights prohibiting discrimination. CBO has determined that some
of the provisions in that section fall within that exclusion
because they involve compliance with the Americans with
Disabilities Act of 1990.
Estimated cost to the Federal Government: The estimated
budgetary impact of S. 453 is shown in the following table. The
costs of this legislation fall within budget function 400
(transportation).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-------------------------------------------------------
2012 2013 2014 2015 2016 2012-2016
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION\a\
Estimated Authorization Level........................... 8 8 7 7 7 37
Estimated Outlays....................................... 5 8 7 7 7 34
----------------------------------------------------------------------------------------------------------------
\a\In addition, enacting S. 453 would increase revenues by $10 million over the 2012-2021 period.
Basis of estimate: For this estimate, CBO assumes that S.
453 will be enacted by the end of fiscal year 2011 and that the
amounts estimated to be necessary will be appropriated each
year. Estimates of spending are based on historical spending
patterns for motor safety programs.
Spending subject to appropriation
S. 453 would require the Federal Motor Carrier Safety
Administration (FMCSA) and the National Highway Traffic Safety
Administration (NHTSA) within DOT to establish new safety
standards and regulations for most interstate busses, complete
research on bus safety, and create a new training curriculum
for operators of interstate busses.
FMCSA would be required to: conduct safety checks for new
motor coach carriers before the carriers were authorized to
provide transportation services; assess the possibility of
conducting a mandatory state inspection program for motor coach
carriers; and increase oversight of the medical exams given to
operators of motor coaches. The agency also would be required
to establish a safety training curriculum for operators of
motor coaches. NHTSA would be required to expedite current
research and regulatory proceedings concerning the safety and
structural features of motor coaches as well as conduct
research into new areas, including fire safety on motor
coaches. Based on information from FMCSA and NHTSA, CBO
estimates that implementing those provisions would cost $34
million over the 2021-2016 period, assuming appropriation of
the necessary amounts.
Revenues
S. 453 would allow FMCSA to charge certain new bus carriers
a fee of $1,200 for safety audits that must be completed before
the company would be allowed to operate bus services. Under
provisions of the bill, those amounts would be deposited in the
Highway Trust Fund. Based on information from the agency, about
1,000 carriers apply annually for operating permits. CBO
estimates that enacting the provision would raise revenues by
$1 million annually and $10 million over the 2012-2021 period.
Pay-As-You-Go considerations: The Statutory Pay-As-You-Go
Act of 2010 establishes budget reporting and enforcement
procedures for legislation affecting direct spending or
revenues. The net changes in revenues that are subject to those
pay-as-you-go procedures are shown in the following table.
CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR S. 453 AS ORDERED REPORTED BY THE SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION ON MAY 5, 2011
--------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-------------------------------------------------------------------------------------------------------------
2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2011-2016 2011-2021
--------------------------------------------------------------------------------------------------------------------------------------------------------
NET INCREASE OR DECREASE (-) IN THE DEFICIT
Statutory Pay-As-You-Go Impact............ 0 -1 -1 -1 -1 -1 -1 -1 -1 -1 -1 -5 -10
--------------------------------------------------------------------------------------------------------------------------------------------------------
Intergovernmental and private-sector impact: S. 453 would
impose intergovernmental and private-sector mandates, as
defined in UMRA, on manufacturers of motorcoaches, motorcoach
owners, state transportation agencies, and medical examiners.
Because of uncertainty about the number of entities affected
and the scope of future regulations, CBO cannot determine
whether the aggregate cost of the mandates in the bill would
exceed the annual thresholds established in UMRA for
intergovernmental or private-sector mandates ($71 million and
$142 million in 2011, respectively, adjusted annually for
inflation).
Mandates that apply to public and private entities
Safety Standards. The bill would direct NHTSA to establish
standards for motorcoach safety, including standards for
technologies that help to avoid rollovers, enhance window
strength, and improve roof resistance. The regulations would
apply to all motorcoaches manufactured at least two years after
each standard is made final. NHTSA also could require existing
motorcoaches to comply with any of the safety standards
established under the bill. According to FMCSA and industry
sources, about 35,000 privately owned motorcoaches are
currently in operation, and approximately 500 to 2,000 new
motorcoaches are sold each year to private entities. However,
about twice as many publicly owned buses are in operation.
(Some of those buses provide motorcoach services as defined in
the bill.)
Private entities would face additional manufacturing costs
to meet the standards for new motor coaches. In addition, both
private and public entities would face costs to retrofit
existing motorcoaches if required by NHSTA. The cost of
complying with the standards could be significant, depending on
the number of buses affected and the scope of future
regulations--particularly the degree to which retrofitting is
required. Information from NHTSA and industry sources indicates
that the incremental cost for new motorcoaches would be at
least several thousand dollars per motorcoach, and the cost to
retrofit existing motorcoaches could total tens of thousands of
dollars per motorcoach, depending on the scope of NHSTA
requirements. Because of uncertainty about the scope of future
regulations, CBO cannot estimate the total costs of the
mandates to public or private entities.
Training Requirements. The bill would establish new
requirements for entities that train entry-level drivers of
motorcoaches. Based on information from FMCSA and industry
sources about existing training programs and the cost of
incremental changes, CBO estimates that the cost of the mandate
to public and private entities would be small, relative to both
annual thresholds.
Mandates that apply to public entities only
Commercial Motor Vehicle Inspections. S. 453 would direct
the Secretary of Transportation to consider requiring states to
conduct annual inspections of commercial motor vehicles used to
transport passengers. If the Secretary required states to
conduct such inspections, that requirement would be a mandate
as defined in UMRA.
Almost half of the states currently inspect motorcoaches,
and more than two-thirds of covered vehicles are subject to
those inspections. The remaining states would have to implement
an inspection program in the event the Secretary issued a new
rule. CBO assumes that states would conduct on-site inspections
of vehicles and estimates that additional personnel, equipment,
and travel expenses would total about $10 million annually.
Driver Training Certificates. The bill would prohibit state
agencies that issue commercial driver's licenses (CDLs) from
issuing a passenger endorsement to a driver unless the agency
verifies that the driver has completed a training course
required by the bill. States receive about 5,000 entry-level
applications for CDLs annually. Given the relatively small
additional effort involved in manually comparing training
certificates for those applications, CBO estimates that the
cost of this mandate would be small.
Preemption. The bill would preempt state and local laws and
regulations relating to training requirements for motorcoach
drivers. While the preemption would limit the application of
state and local laws and regulations, CBO estimates that it
would not impose significant costs.
Mandates that apply to private entities only
FMCSA Registration. S. 453 would require owners of
companies that rent or lease motorcoaches as well as brokers of
motorcoach services to register with FMCSA. The cost of the
mandate would be the amount of money spent to meet
qualification requirements for registration. Based on
information from FMCSA on the number of companies that could be
affected and from industry sources on the costs of meeting the
requirements for registration, CBO estimates that the cost of
the mandate would total less than $12 million per year.
Auditing Requirements. The bill would require carriers that
apply to operate motorcoach services to undergo safety audits.
The bill would authorize FMCSA to charge a fee of up to $1,200
to cover the costs of performing the audit. Based on
information from FMCSA on the cost of such a program, CBO
estimates that motorcoach operators would pay about $1 million
per year in fees to comply with this mandate.
Other Mandates. CBO estimates that the costs of several
other private-sector mandates imposed by the bill would be
minimal. Such mandates would:
Increase the frequency with which motorcoach
carriers have to submit to periodic safety reviews
conducted by FMCSA;
Require motorcoach carriers to submit to
annual state inspections, depending on the outcome of a
rulemaking procedure;
Require medical examiners, who certify the
medical fitness of applicants to be commercial drivers,
to file paperwork with state licensing agencies; and
Require applicants seeking authority to
operate a new motorcoach service to disclose any
ownership, management, or familial relations with other
motorcoach operators during the previous three years.
Provisions excluded under UMRA
CBO has not reviewed part of section 6(a)(2) of the bill
for mandates. Section 4 of UMRA excludes from the application
of that act any legislative provisions that enforce statutory
rights prohibiting discrimination. CBO has determined that some
of the provisions in that section fall within that exclusion
because they involve compliance with the Americans with
Disabilities Act of 1990.
Estimate prepared by: Federal spending: Sarah Puro; Federal
revenues: Kalyani Parthasarathy; Impact on state, local, and
tribal governments: Ryan Miller; Impact on the private sector:
Samuel Wice.
Estimate approved by: Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
Regulatory Impact Statement
In accordance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee provides the
following evaluation of the regulatory impact of the
legislation, as reported:
NUMBER OF PERSONS COVERED
The bill's provisions, with limited exceptions, apply to the
motorcoach industry, which consisted of approximately 3,900
companies in 2010 and, over 127,000 employees in 2009, 62,000
full-time and 56,000 part-time. The bill's driver license
testing provision would apply to all truck and bus CDL holders,
a population estimated at 4.5 million.
ECONOMIC IMPACT
S. 453 is not expected to have an adverse impact on the U.S.
economy. While certain provisions of the bill would require the
installation of new safety equipment on motorcoaches, it is
anticipated that these costs will be offset, at least in part,
by reductions in costs associated with insurance premiums,
motorcoach accidents, injuries, and fatalities.
PRIVACY
S. 453 would have a minimal effect on the privacy rights of
individuals. While the bill would establish new requirements
for the disclosure of information about a company's prior
relationships with other motorcoach companies, the Committee
considers this information to be in the interest of safety and
should not be allowed to shield motorcoach operators from
illegal behavior.
PAPERWORK
S. 453 would impose new requirements on ``new entrant''
motorcoach companies. Section 6 of the bill would require that
each new entrant successfully pass a PASA to ensure the carrier
is ready and able to comply with Federal safety laws and
regulations. The bill also would require NHTSA and FMCSA to
complete a number of safety assessments and rulemakings.
Section 12 of the bill would reduce paperwork for motorcoach
operators by replacing handwritten logbooks for recording
hours-of-service with EOBRs.
Congressionally Directed Spending
In compliance with paragraph 4(b) of rule XLIV of the
Standing Rules of the Senate, the Committee provides that no
provisions contained in the bill, as reported, meet the
definition of congressionally directed spending items under the
rule.
Section-by-Section Analysis
Section 1. Short Title; Table of Contents.
This section would title the Act as the ``Motorcoach Enhanced
Safety Act of 2011'' and provides a table of contents.
Section 2. Definitions.
This section would define the following terms for purposes of
the legislation: Advanced Glazing, Bus, Commercial Motor
Vehicle, Direct Tire Pressure Monitoring System, Electronic On-
Board Recorder, Event Data Recorder, Motor Carrier, Motorcoach,
Motorcoach Services, Multifunction School Activity Buses,
Portal, Provider of Motorcoach Services, Safety Belt, Secretary
(Secretary of Transportation), and Transit Service.
Section 3. Regulations for Improved Occupant Protection and Collision
Avoidance.
This section would require that the Secretary, within 1 year
of enactment, prescribe regulations requiring the following:
The installation of safety belts in motorcoaches at
each designated seating position.
The installation of improved fire extinguishers or
other readily available firefighting equipment in
motorcoaches.
Within 18 months, the Secretary would be required to
prescribe regulations requiring the following:
Improved roof standards for motorcoaches that
increase the resistance of motorcoach roofs to
deformation and intrusion.
Advanced glazing to be installed in each motorcoach
portal to prevent ejection of passengers.
The section would also require that the Secretary, within 2
years of enactment, prescribe regulations requiring
motorcoaches to be equipped with direct tire pressure
monitoring systems meeting performance requirements established
by the Secretary. The Secretary would also be directed to
upgrade performance standards for tires used on motorcoaches,
including an enhanced endurance test and a new high-speed
performance test. In addition, the Secretary would be required
to prescribe regulations requiring that motorcoaches be
equipped with ESC systems to reduce the number and frequency of
rollover crashes among motorcoaches.
Regulations prescribed under this section would apply to all
motorcoaches manufactured more than 2 years after the date on
which the regulation is published as a final rule. The section
would allow the Secretary to require the retrofitting of
existing motorcoaches based on an assessment of the
feasibility, benefits, and costs of applying a regulation to
them.
Section 4. Standards for Improved Fire Safety.
This section would require the Secretary, within 18 months of
enactment, to conduct the following:
A study of the feasibility of establishing
flammability standards for motorcoach exterior
components.
A review of Federal motor vehicle safety standard
302, relating to flammability of interior materials.
An assessment of technologies to prevent and
mitigate the propagation of wheel well fires and reduce
occupant deaths and injuries from such fires.
An evaluation of requirements for motorcoaches to
be equipped with improved energy evacuation designs and
emergency interior lighting systems.
An evaluation of requirements for motorcoaches to
be equipped with automatic fire suppression systems.
Within 3 years of enactment, the Secretary would be required
to issue standards and regulations for improved fire safety
based on the result of these evaluations.
Section 5. Occupant Protection and Collision Avoidance Research.
This section would require the Secretary, within 2 years of
enactment, to complete research on the following:
Enhanced compartmentalization safety
countermeasures for motorcoaches, including enhanced
seating designs, to reduce the risk of passengers being
thrown from seats.
Enhanced occupant impact protection standards.
Forward and lateral crash warning systems
applications for motorcoaches.
Within 2 years of the completion of each research initiative,
the Secretary would be required to issue a standard or
regulation based on the results of that research.
Section 6. New Entrants.
This section would amend 49 U.S.C. 13902(b) by stating that
the Secretary may only register a motorcoach operator after
that person undergoes a PASA that includes verification of: a
drug and alcohol program consistent with the provisions of part
40 of title 49, Code of Federal Regulations; the carrier's
system of compliance with hours-of-service rules; the ability
to obtain required insurance; driver qualifications, including
the validity of each driver's commercial driver's license;
disclosure of common ownership or other relationship with
another motor carrier or applicant over the past 3 years;
records of State inspections or Commercial Vehicle Safety
Alliance inspections for all vehicles; safety management
programs, including vehicle maintenance and repair programs;
and the ability to comply with the Americans with Disabilities
Act and Over-The-Road Bus Transportation Accessibility Act of
2007. The PASA would be required to be completed on-site no
later than 90 days following the submission of an application
for operating authority.
The applicant would also be required to complete an interview
to review safety management controls and demonstrate
proficiency in Federal safety rules and regulations through the
successful completion of a written examination developed by the
Secretary.
This section would authorize the Secretary to establish a
$1,200 fee for new entrants to cover the costs of conducting a
preauthorization safety audit.
The amendments made by this section would take effect 1 year
from enactment.
Section 7. Reincarnated Carriers.
This section would allow the Secretary to deny, suspend,
amend, or revoke part or all of a motor carrier's authority if
the Secretary finds that the applicant failed to disclose a
material fact in its application for registration.
The section contains a provision that would prevent
``reincarnated carriers'' from avoiding compliance or from
concealing non-compliance when applying for operating
authority. Failure to disclose this information would be
classified as a ``material fact'' as specified by this section.
Section 8. Improved Oversight of Providers of Motorcoach Services and
Other Motorcoach Carriers of Passengers.
This section would require that the Secretary, within 3 years
of enactment, determine the safety fitness of each provider of
motorcoach services registered with FMCSA and assign a safety
fitness rating to each such provider. The Secretary would be
required to reassess each such rating no less frequently than
every 3 years.
The section would require the Secretary, within 1 year of
enactment, to revise the safety fitness audit system of DOT to
prevent motor carriers from operating if they put vehicles with
mechanical problems on the road or unqualified drivers behind
the wheels, as recommended by NTSB recommendation H-99-6.
Section 9. Motorcoach Driver Training.
Within 6 months, the Secretary would be required to establish
minimum curricular requirements to be adopted by public and
private schools and motorcoach operators and carriers that
provide training for drivers. Such requirements would include
both classroom and behind-the-wheel-training and instruction
and knowledge and skills necessary to suppress motorcoach fires
and safely evacuate passengers.
The section would require that each motorcoach driver seeking
a passenger endorsement undergo a training program including
this curriculum before taking a test for a passenger
endorsement. Each trainer of a driver seeking a passenger
endorsement would be required to submit information on any
driver that has successfully completed the training program to
the appropriate State licensing authority. The State licensing
authority would not be permitted to administer the skills until
it verifies that the driver has successfully completed the
training course.
Within 2 years of enactment, the Secretary would be required
to submit a report to the Senate Committee on Commerce,
Science, and Transportation and the House Transportation and
Infrastructure Committee on the feasibility of establishing a
certification system for driving schools in accordance with the
curricular requirements established by the Secretary under this
section.
This section contains language that would clarify that the
minimum curricular requirements required by this section do not
preempt any State or local law imposing additional or more
stringent requirements, unless the Secretary determines that
(1) the law or regulation is incompatible with the regulation
prescribed by the Secretary, or (2) enforcement of the State
law or the local law or regulation would impose an unreasonable
burden on interstate commerce.
Section 10. Improved Testing for the Commercial Driver's License
Passenger Endorsement.
Within 6 months of enactment, the Secretary would be required
to complete an ongoing rulemaking and issue a final rule that
would improve the quality and stringency of the examination for
the commercial driver's license passenger-carrying endorsement.
The Secretary would be required to consult with the American
Association of Motor Vehicle Administrators in completing this
rulemaking.
Within 18 months of enactment, the Secretary would be
required to submit a plan to the Senate Committee on Commerce,
Science, and Transportation and the House Transportation and
Infrastructure Committee for requiring that a driver have a
commercial driver's license passenger-carrying endorsement in
order to operate a CMV and transport not less than 9 and not
more than 15 passengers (including a driver) in interstate
commerce.
Section 11. Improved Physical Fitness Oversight and Commercial Driver
Medical Certificates.
Within 6 months of enactment, the Secretary would be required
to establish a national registry of medical examiners as
required 49 U.S.C. 31149(a)(1). In addition, this section would
require DOT's Medical Review Board to provide FMCSA with
criteria for evaluating medical examiners for the national
registry of medical examiners.
Within 18 months, the Secretary would require by regulation
that each medical examiner performing a medical examination to
certify an applicant for a commercial driver's license submit
the form for such examination to the appropriate State
licensing agency, and that the State licensing agency verify
the accuracy and validity of the information contained in the
form and medical examiner's certificate.
The section would also require that the Secretary annually
review the licensing authorities of at least 10 States. The
Secretary would be required to develop an internal oversight
policy for purposes of carrying out these annual reviews.
Section 12. Safety and Enforcement Technology for Motorcoaches.
This section would require the Secretary, within 1 year of
enactment, to prescribe regulations requiring that all
motorcoaches used by a motor carrier in interstate commerce be
equipped with EOBRs. These EOBRs would be required to
accurately record commercial driver hours of service and allow
tracking of driver and vehicle location. These regulations
would be effective 2 years after the date on which the
regulation is published as a final rule.
The section would require the Secretary, within 1 year of
enactment, to complete an evaluation of event data recorders.
Within 2 years of enactment, the Secretary would be required to
issue standards and regulations based on the results of that
evaluation.
Section 13. Safety Inspection Program for Commercial Motor Vehicles of
Passengers.
This section would require the Secretary, within 3 years of
enactment, to complete a rulemaking proceeding to consider
requiring States to conduct annual inspections of CMVs designed
or used to transport passengers.
Section 14. Distracted Driving.
Within 1 year of enactment, the Secretary would be required
to prescribe regulations that prohibit the use of electronic or
wireless devices by motorcoach operators in circumstances in
which the Secretary determines that the use of such devices
interferes with the driver's safe operation of a motorcoach.
Use of such devices would be permitted if the Secretary
determines that such use is necessary for safety reasons.
Section 15. Motorcoach Rental or Leasing Companies.
This section would amend 49 U.S.C. 31132 to clarify that the
term ``employer'' in that section includes companies that rent
or lease motorcoaches of more than 15 passengers. The purpose
of this amendment is to clarify that rental or leasing
companies must follow the same safety requirements as
motorcoach operators.
Section 16. Registration of Brokers for Motor Carriers of Passengers.
This section would require that all brokers of transportation
of passengers be registered with the Secretary, in the same way
that brokers of freight transportation are currently required
to register.
Section 17. Regulations.
This section states that any standard or regulation
prescribed or modified pursuant to this Act shall be prescribed
or modified in accordance with section 553 of title 5, United
States Code, which addresses the rulemaking process.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the Standing
Rules of the Senate, changes in existing law made by the bill,
as reported, are shown as follows (existing law proposed to be
omitted is enclosed in black brackets, new material is printed
in italic, existing law in which no change is proposed is shown
in roman):
SAFE, ACCOUNTABLE, FLEXIBLE, EFFICIENT TRANSPORTATION EQUITY ACT: A
LEGACY FOR USERS (SAFETEA-LU)
SEC. 4138. HIGH RISK CARRIER COMPLIANCE REVIEWS.
[49 U.S.C. 31144 note]
From the funds authorized by section 31104(i) of title 49,
United States Code, the Secretary shall ensure that compliance
reviews are completed on motor carriers that have demonstrated
through performance data that they pose the highest safety
risk. At a minimum, a compliance review shall be conducted
whenever a motor carrier [is rated as category A or B for 2
consecutive months.] meets the Safety Measurement System
criteria for being a high risk motor carrier for 2 consecutive
months.
* * * * * * *
TITLE 49. TRANSPORTATION
SUBTITLE IV. INTERSTATE TRANSPORTATION
PART B. MOTOR CARRIERS, WATER CARRIERS, BROKERS, AND FREIGHT FORWARDERS
CHAPTER 135. JURISDICTION
SUBCHAPTER I. MOTOR CARRIER TRANSPORTATION
Sec. 13506. Miscellaneous motor carrier transportation exemptions
(a) In General.--Neither the Secretary nor the Board has
jurisdiction under this part over--
(1) a motor vehicle transporting only school children
and teachers to or from school;
(2) a motor vehicle providing taxicab service;
(3) a motor vehicle owned or operated by or for a
hotel and only transporting hotel patrons between the
hotel and the local station of a carrier;
(4) a motor vehicle controlled and operated by a
farmer and transporting--
(A) the farmer's agricultural or
horticultural commodities and products; or
(B) supplies to the farm of the farmer;
(5) a motor vehicle controlled and operated by a
cooperative association (as defined by section 15(a) of
the Agricultural Marketing Act (12 U.S.C. 1141j(a))) or
by a federation of cooperative associations if the
federation has no greater power or purposes than a
cooperative association, except that if the cooperative
association or federation provides transportation for
compensation between a place in a State and a place in
another State, or between a place in a State and
another place in the same State through another State--
(A) for a nonmember that is not a farmer,
cooperative association, federation, or the
United States Government, the transportation
(except for transportation otherwise exempt
under this subchapter)--
(i) shall be limited to
transportation incidental to the
primary transportation operation of the
cooperative association or federation
and necessary for its effective
performance; and
(ii) may not exceed in each fiscal
year 25 percent of the total
transportation of the cooperative
association or federation between those
places, measured by tonnage; and
(B) the transportation for all nonmembers may
not exceed in each fiscal year, measured by
tonnage, the total transportation between those
places for the cooperative association or
federation and its members during that fiscal
year;
(6) transportation by motor vehicle of--
(A) ordinary livestock;
(B) agricultural or horticultural commodities
(other than manufactured products thereof);
(C) commodities listed as exempt in the
Commodity List incorporated in ruling numbered
107, March 19, 1958, Bureau of Motor Carriers,
Interstate Commerce Commission, other than
frozen fruits, frozen berries, frozen
vegetables, cocoa beans, coffee beans, tea,
bananas, or hemp, or wool imported from a
foreign country, wool tops and noils, or wool
waste (carded, spun, woven, or knitted);
(D) cooked or uncooked fish, whether breaded
or not, or frozen or fresh shellfish, or
byproducts thereof not intended for human
consumption, other than fish or shellfish that
have been treated for preserving, such as
canned, smoked, pickled, spiced, corned, or
kippered products; and
(E) livestock and poultry feed and
agricultural seeds and plants, if such products
(excluding products otherwise exempt under this
paragraph) are transported to a site of
agricultural production or to a business
enterprise engaged in the sale to agricultural
producers of goods used in agricultural
production;
(7) a motor vehicle used only to distribute
newspapers;
(8) (A) transportation of passengers by motor vehicle
incidental to transportation by aircraft;
(B) transportation of property (including
baggage) by motor vehicle as part of a
continuous movement which, prior or subsequent
to such part of the continuous movement, has
been or will be transported by an air carrier
or (to the extent so agreed by the United
States and approved by the Secretary) by a
foreign air carrier; or
(C) transportation of property by motor
vehicle in lieu of transportation by aircraft
because of adverse weather conditions or
mechanical failure of the aircraft or other
causes due to circumstances beyond the control
of the carrier or shipper;
(9) the operation of a motor vehicle in a national
park or national monument;
(10) a motor vehicle carrying not more than 15
individuals in a single, daily roundtrip to commute to
and from work;
(11) transportation of used pallets and used empty
shipping containers (including intermodal cargo
containers), and other used shipping devices (other
than containers or devices used in the transportation
of motor vehicles or parts of motor vehicles);
(12) transportation of natural, crushed, vesicular
rock to be used for decorative purposes;
(13) transportation of wood chips; or
[(14) brokers for motor carriers of passengers,
except as provided in section 13904(d); or]
[(15)] (14) transportation of broken, crushed, or
powdered glass.
* * * * * * *
CHAPTER 139. REGISTRATION
Sec. 13902. Registration of motor carriers
(a) Motor Carrier Generally.--
(1) In general.--Except as provided in this section,
the Secretary shall register a person to provide
transportation subject to jurisdiction under subchapter
I of chapter 135 of this title as a motor carrier if
the Secretary finds that the person is willing and able
to comply with--
(A) this part and the applicable regulations
of the Secretary and the Board;
(B)
(i) any safety regulations imposed by
the Secretary;
(ii) the duties of employers and
employees established by the Secretary
under section 31135; and
(iii) the safety fitness requirements
established by the Secretary under
section 31144;
(C) the accessibility requirements
established by the Secretary under subpart H of
part 37 of title 49, Code of Federal
Regulations, or such successor regulations to
those accessibility requirements as the
Secretary may issue, for transportation
provided by an over-the-road bus; and
(D) the minimum financial responsibility
requirements established by the Secretary
pursuant to sections 13906 and 31138.
(2) Additional registration requirements for
household goods motor carriers.--In addition to meeting
the requirements of paragraph (1), the Secretary may
register a person to provide transportation of
household goods as a household goods motor carrier only
after that person--
(A) provides evidence of participation in an
arbitration program and provides a copy of the
notice of the arbitration program as required
by section 14708(b)(2);
(B) identifies its tariff and provides a copy
of the notice of the availability of that
tariff for inspection as required by section
13702(c);
(C) provides evidence that it has access to,
has read, is familiar with, and will observe
all applicable Federal laws relating to
consumer protection, estimating, consumers'
rights and responsibilities, and options for
limitations of liability for loss and damage;
and
(D) discloses any relationship involving
common stock, common ownership, common
management, or common familial relationships
between that person and any other motor
carrier, freight forwarder, or broker of
household goods within 3 years of the proposed
date of registration.
(3) Consideration of evidence; findings.--The
Secretary shall consider, and to the extent applicable,
make findings on any evidence demonstrating that the
registrant is unable to comply with any applicable
requirement of paragraph (1) or, in the case of a
registrant to which paragraph (2) applies, paragraph
(1) or (2).
(4) Withholding.--If the Secretary determines that a
registrant under this section does not meet, or is not
able to meet, any requirement of paragraph (1) or, in
the case of a registrant to which paragraph (2)
applies, paragraph (1) or (2), the Secretary shall
withhold registration.
(5) Limitation on complaints.--The Secretary may hear
a complaint from any person concerning a registration
under this subsection only on the ground that the
registrant fails or will fail to comply with this part,
the applicable regulations of the Secretary and the
Board (including the accessibility requirements
established by the Secretary under subpart H of part 37
of title 49, Code of Federal Regulations, or such
successor regulations to those accessibility
requirements as the Secretary may issue, for
transportation provided by an over-the-road bus), the
safety regulations of the Secretary, or the safety
fitness or minimum financial responsibility
requirements of paragraph (1) of this subsection. In
the case of a registration for the transportation of
household goods as a household goods motor carrier, the
Secretary may also hear a complaint on the ground that
the registrant fails or will fail to comply with the
requirements of paragraph (2) of this subsection.
(b) Motor Carriers of Passengers.--
(1) Additional registration requirements for
providers or motorcoach services.--In addition to
meeting the requirements under subsection (a)(1), the
Secretary may not register a person to provide
motorcoach services until after such person--
(A) undergoes a preauthorization safety
audit, including verification, in a manner
sufficient to demonstrate the ability to comply
with Federal rules and regulations, of--
(i) a drug and alcohol testing
program under part 40 of title 49, Code
of Federal Regulations;
(ii) the carrier's system of
compliance with hours-of-service rules,
including hours of-service records;
(iii) the ability to obtain required
insurance;
(iv) driver qualifications, including
the validity of the commercial driver's
license of each driver who will be
operating under such authority;
(v) disclosure of common ownership,
common control, common management,
common familial relationship, or other
corporate relationship with another
motor carrier or applicant for motor
carrier authority during the past 3
years;
(vi) records of the State
inspections, or of a Level I or V
Commercial Vehicle Safety Alliance
Inspection, for all vehicles that will
be operated by the carrier;
(vii) safety management programs,
including vehicle maintenance and
repair programs; and
(viii) the ability to comply with the
Americans with Disabilities Act of 1990
(42 U.S.C. 12101 et seq.) and the Over-
the-Road Bus Transportation
Accessibility Act of 2007 (49 U.S.C.
10101 note);
(B) has been interviewed to review safety
management controls and the carrier's written
safety oversight policies and practices; and
(C) through the successful completion of a
written examination developed by the Secretary,
has demonstrated proficiency to comply with and
carry out the requirements and regulations
described in subsection (a)(1).
(2) Pre-authorization safety audit.--The pre-
authorization safety audit required under paragraph
(1)(A) shall be completed on-site not later than 90
days following the submission of an application for
operating authority.
(3) Fee.--The Secretary may establish, under section
9701 of title 31, a fee of not more than $1,200 for new
registrants that as nearly as possible covers the costs
of performing a preauthorization safety audit. Amounts
collected under this subsection shall be deposited in
the Highway Trust Fund (other than the Mass Transit
Account).
(4) Disclosure of prior relationships.--In addition
to meeting the requirements under subsection (a)(1),
the Secretary shall require applicants for authority to
transport passengers to disclose any relationship
involving common ownership, common management, or
common familial relationship between that person and
any other motor carrier if the relationship occurred
during the 3-year period preceding the date of the
filing of the application for registration.
[(1)] (5) Registration of private recipients of
governmental assistance.--The Secretary shall register
under subsection (a)(1) a private recipient of
governmental assistance to provide special or charter
transportation subject to jurisdiction under subchapter
I of chapter 135 as a motor carrier of passengers if
the Secretary finds that the recipient meets the
requirements of subsection (a)(1), unless the Secretary
finds, on the basis of evidence presented by any person
objecting to the registration, that the transportation
to be provided pursuant to the registration is not in
the public interest.
[(2)] (6) Registration of public recipients of
governmental assistance.--
(A) Charter transportation.--The Secretary
shall register under subsection (a)(1) a public
recipient of governmental assistance to provide
special or charter transportation subject to
jurisdiction under subchapter I of chapter 135
as a motor carrier of passengers if the
Secretary finds that--
(i) the recipient meets the
requirements of subsection (a)(1); and
(ii) (I) no motor carrier of
passengers (other than a motor carrier
of passengers which is a public
recipient of governmental assistance)
is providing, or is willing to provide,
the transportation; or
(II) the transportation is to
be provided entirely in the
area in which the public
recipient provides regularly
scheduled mass transportation
services.
(B) Regular-route transportation.--The
Secretary shall register under subsection
(a)(1) a public recipient of governmental
assistance to provide regular-route
transportation subject to jurisdiction under
subchapter I of chapter 135 as a motor carrier
of passengers if the Secretary finds that the
recipient meets the requirements of subsection
(a)(1), unless the Secretary finds, on the
basis of evidence presented by any person
objecting to the registration, that the
transportation to be provided pursuant to the
registration is not in the public interest.
(C) Treatment of certain public recipients.--
Any public recipient of governmental assistance
which is providing or seeking to provide
transportation of passengers subject to
jurisdiction under subchapter I of chapter 135
shall, for purposes of this part, be treated as
a person which is providing or seeking to
provide transportation of passengers subject to
such jurisdiction.
[(3)] (7) Intrastate transportation by interstate
carriers.--A motor carrier of passengers that is
registered by the Secretary under subsection (a) is
authorized to provide regular-route transportation
entirely in one State as a motor carrier of passengers
if such intrastate transportation is to be provided on
a route over which the carrier provides interstate
transportation of passengers.
[(4)] (8) Preemption of State regulation regarding
certain service.--No State or political subdivision
thereof and no interstate agency or other political
agency of 2 or more States shall enact or enforce any
law, rule, regulation, standard or other provision
having the force and effect of law relating to the
provision of pickup and delivery of express packages,
newspapers, or mail in a commercial zone if the
shipment has had or will have a prior or subsequent
movement by bus in intrastate commerce and, if a city
within the commercial zone, is served by a motor
carrier of passengers providing regular-route
transportation of passengers subject to jurisdiction
under subchapter I of chapter 135.
[(5)] (9) Jurisdiction over certain intrastate
transportation.--Subject to section 14501(a), any
intrastate transportation authorized by this subsection
shall be treated as transportation subject to
jurisdiction under subchapter I of chapter 135 until
such time as the carrier takes such action as is
necessary to establish under the laws of such State
rates, rules, and practices applicable to such
transportation, but in no case later than the 30th day
following the date on which the motor carrier of
passengers first begins providing transportation
entirely in one State under this paragraph.
[(6)] (10) Special operations.--This subsection shall
not apply to any regular-route transportation of
passengers provided entirely in one State which is in
the nature of a special operation.
[(7)] (11) Suspension or revocation.--Intrastate
transportation authorized under this subsection may be
suspended or revoked by the Secretary under section
13905 of this title at any time.
[(8)] (12) Definitions.--In this subsection, the
following definitions apply:
(A) Public recipient of governmental
assistance.--The term ``public recipient of
governmental assistance'' means--
(i) any State,
(ii) any municipality or other
political subdivision of a State,
(iii) any public agency or
instrumentality of one or more States
and municipalities and political
subdivisions of a State,
(iv) any Indian tribe, and
(v) any corporation, board, or other
person owned or controlled by any
entity described in clause (i), (ii),
(iii), or (iv),which before, on, or
after January 1, 1996, received
governmental assistance for the
purchase or operation of any bus.
(B) Private recipient of government
assistance.--The term ``private recipient of
government assistance'' means any person (other
than a person described in subparagraph (A))
who before, on, or after January 1, 1996,
received governmental financial assistance in
the form of a subsidy for the purchase, lease,
or operation of any bus.
(c) Restrictions on Motor Carriers Domiciled In or Owned or
Controlled by Nationals of a Contiguous Foreign Country.--
(1) Prevention of discriminatory practices.--If the
President, or the delegate thereof, determines that an
act, policy, or practice of a foreign country
contiguous to the United States, or any political
subdivision or any instrumentality of any such country
is unreasonable or discriminatory and burdens or
restricts United States transportation companies
providing, or seeking to provide, motor carrier
transportation to, from, or within such foreign
country, the President or such delegate may--
(A) seek elimination of such practices
through consultations; or
(B) notwithstanding any other provision of
law, suspend, modify, amend, condition, or
restrict operations, including geographical
restriction of operations, in the United States
by motor carriers of property or passengers
domiciled in such foreign country or owned or
controlled by persons of such foreign country.
(2) Equalization of treatment.--Any action taken
under paragraph (1)(A) to eliminate an act, policy, or
practice shall be so devised so as to equal to the
extent possible the burdens or restrictions imposed by
such foreign country on United States transportation
companies.
(3) Removal or modification.--The President, or the
delegate thereof, may remove or modify in whole or in
part any action taken under paragraph (1)(A) if the
President or such delegate determines that such removal
or modification is consistent with the obligations of
the United States under a trade agreement or with
United States transportation policy.
(4) Protection of existing operations.--Unless and
until the President, or the delegate thereof, makes a
determination under paragraph (1) or (3), nothing in
this subsection shall affect--
(A) operations of motor carriers of property
or passengers domiciled in any contiguous
foreign country or owned or controlled by
persons of any contiguous foreign country
permitted in the commercial zones along the
United States-Mexico border as such zones were
defined on December 31, 1995; or
(B) any existing restrictions on operations
of motor carriers of property or passengers
domiciled in any contiguous foreign country or
owned or controlled by persons of any
contiguous foreign country or any modifications
thereof pursuant to section 6 of the Bus
Regulatory Reform Act of 1982.
(5) Publication; comment.--Unless the President, or
the delegate thereof, determines that expeditious
action is required, the President shall publish in the
Federal Register any determination under paragraph (1)
or (3), together with a description of the facts on
which such a determination is based and any proposed
action to be taken pursuant to paragraph (1)(B) or (3),
and provide an opportunity for public comment.
(6) Delegation to Secretary.--The President may
delegate any or all authority under this subsection to
the Secretary, who shall consult with other agencies as
appropriate. In accordance with the directions of the
President, the Secretary may issue regulations to
enforce this subsection.
(7) Civil actions.--Either the Secretary or the
Attorney General may bring a civil action in an
appropriate district court of the United States to
enforce this subsection or a regulation prescribed or
order issued under this subsection. The court may award
appropriate relief, including injunctive relief.
(8) Limitation on statutory construction.--This
subsection shall not be construed as affecting the
requirement for all foreign motor carriers and foreign
motor private carriers operating in the United States
to comply with all applicable laws and regulations
pertaining to fitness, safety of operations, financial
responsibility, and taxes imposed by section 4481 of
the Internal Revenue Code of 1986.
(d) Transition Rule.--
(1) In general.--Pending the implementation of the
rulemaking required by section 13908, the Secretary may
register a person under this section--
(A) as a motor common carrier if such person
would have been issued a certificate to provide
transportation as a motor common carrier under
this subtitle on December 31, 1995; and
(B) as a motor contract carrier if such
person would have been issued a permit to
provide transportation as a motor contract
carrier under this subtitle on such day.
(2) Definitions.--In this subsection, the terms
``motor common carrier'' and ``motor contract carrier''
have the meaning such terms had under section 10102 as
such section was in effect on December 31, 1995.
(3) Termination.--This subsection shall cease to be
in effect on the transition termination date.
(e) Penalties for Failure to Comply with Registration
Requirements.--In addition to other penalties available under
law, motor carriers that fail to register their operations as
required by this section or that operate beyond the scope of
their registrations may be subject to the following penalties:
(1) Out-of-service orders.--If, upon inspection or
investigation, the Secretary determines that a motor
vehicle providing transportation requiring registration
under this section is operating without a registration
or beyond the scope of its registration, the Secretary
may order the vehicle out-of-service. Subsequent to the
issuance of the out-of-service order, the Secretary
shall provide an opportunity for review in accordance
with section 554 of title 5, United States Code; except
that such review shall occur not later than 10 days
after issuance of such order.
(2) Permission for operations.--A person domiciled in
a country contiguous to the United States with respect
to which an action under subsection (c)(1)(A) or
(c)(1)(B) is in effect and providing transportation for
which registration is required under this section shall
maintain evidence of such registration in the motor
vehicle when the person is providing the
transportation. The Secretary shall not permit the
operation in interstate commerce in the United States
of any motor vehicle in which there is not a copy of
the registration issued pursuant to this section.
(f) Modification of Carrier Registration.--
(1) In general.--On and after the transition
termination date, the Secretary--
(A) may not register a motor carrier under
this section as a motor common carrier or a
motor contract carrier;
(B) shall register applicants under this
section as motor carriers; and
(C) shall issue any motor carrier registered
under this section after that date a motor
carrier certificate of registration that
specifies whether the holder of the certificate
may provide transportation of persons,
household goods, other property, or any
combination thereof.
(2) Pre-existing certificates and permits.--The
Secretary shall redesignate any motor carrier
certificate or permit issued before the transition
termination date as a motor carrier certificate of
registration. On and after the transition termination
date, any person holding a motor carrier certificate of
registration redesignated under this paragraph may
provide both contract carriage (as defined in section
13102(4)(B)) and transportation under terms and
conditions meeting the requirements of section
13710(a)(1). The Secretary may not, pursuant to any
regulation or form issued before or after the
transition termination date, make any distinction among
holders of motor carrier certificates of registration
on the basis of whether the holder would have been
classified as a common carrier or as a contract carrier
under--
(A) subsection (d) of this section, as that
section was in effect before the transition
termination date; or
(B) any other provision of this title that
was in effect before the transition termination
date.
(3) Transition termination date defined.--In this
section, the term ``transition termination date'' means
the first day of January occurring more than 12 months
after the date of enactment of the Unified Carrier
Registration Act of 2005.
(g) Motor Carrier Defined.--In this section and sections
13905 and 13906, the term ``motor carrier'' includes foreign
motor private carriers.
Sec. 13904. Registration of brokers
(a) In General.--The Secretary shall register, subject to
section 13906(b), a person to be a broker for transportation of
property or passengers subject to jurisdiction under subchapter
I of chapter 135, if the Secretary finds that the person is
fit, willing, and able to be a broker for transportation and to
comply with this part and applicable regulations of the
Secretary.
(b) Registration as Carrier Required.--
(1) In general.--The broker may provide the
transportation itself only if the broker also has been
registered to provide the transportation as a motor
carrier under this chapter.
(2) Limitation.--This subsection does not apply to a
motor carrier registered under this chapter or to an
employee or agent of the motor carrier to the extent
the transportation is to be provided entirely by the
motor carrier, with other registered motor carriers, or
with rail or water carriers.
(c) Regulations to Protect Shippers.--Regulations of the
Secretary applicable to brokers registered under this section
shall provide for the protection of shippers by motor vehicle.
(d) Bond and Insurance.--The Secretary may impose on brokers
for motor carriers of passengers such requirements for bonds or
insurance or both as the Secretary determines are needed to
protect passengers and carriers dealing with such brokers.
Sec. 13905. Effective periods of registration
(a) Person Holding ICC Authority.--Any person having
authority to provide transportation or service as a motor
carrier, freight forwarder, or broker under this title, as in
effect on December 31, 1995, shall be deemed, for purposes of
this part, to be registered to provide such transportation or
service under this part.
(b) Person Registered with Secretary.--
(1) In general.--Except as provided in paragraph (2),
any person having registered with the Secretary to
provide transportation or service as a motor carrier or
motor private carrier under this title, as in effect on
January 1, 2005, but not having registered pursuant to
section 13902(a), shall be treated, for purposes of
this part, to be registered to provide such
transportation or service for purposes of sections
13908 and 14504a.
(2) Exclusively intrastate operators.--Paragraph (1)
does not apply to a motor carrier or motor private
carrier (including a transporter of waste or recyclable
materials) engaged exclusively in intrastate
transportation operations.
(c) In General.--Except as otherwise provided in this part,
each registration issued under section 13902, 13903, or 13904
shall be effective from the date specified by the Secretary and
shall remain in effect for such period as the Secretary
determines appropriate by regulation.
(d) Suspension, Amendments, and Revocations.--
(1) In general.--On application of the registrant,
the Secretary may amend or revoke a registration. On
complaint or on the Secretary's own initiative and
after notice and an opportunity for a proceeding, the
Secretary [may (A) suspend] may--
(A) suspend, amend, or revoke any part of the
registration of a motor carrier, broker, or
freight forwarder for willful failure to comply
with this part, an applicable regulation or
order of the Secretary or of the Board
(including the accessibility requirements
established by the Secretary under subpart H of
part 37 of title 49, Code of Federal
Regulations, or such successor regulations to
those accessibility requirements as the
Secretary may issue, for transportation
provided by an over-the-road bus), or a
condition of its [registration; and (B)
suspend] registration;
(B) suspend, amend, or revoke any part of the
registration of a motor carrier, broker, or
freight [forwarder: (i) for failure to pay]
forwarder for failure--
(i) to pay a civil penalty imposed
under chapter 5, 51, 149, or 311 of
this [title; or (ii) for failure to
arrange] title; or
(ii) to arrange and abide by an
acceptable payment plan for such civil
penalty, within 90 days of the time
specified by order of the Secretary for
the payment of such [penalty.] penalty;
and
(C) deny, suspend, amend, or revoke all or
part of a registration of a motor carrier
following a determination by the Secretary that
the motor carrier failed to disclose in its
application for registration a material fact
relevant to its willingness and ability to
comply with--
(i) this part;
(ii) an applicable regulation or
order of the Secretary or the Board; or
(iii) a condition of its
registration.
[Subparagraph (B) shall not apply to
any person who is unable to pay a civil
penalty because such person is a debtor
in a case under chapter 11 of title 11,
United States Code.]
[(2) Regulations.--Not later than 12 months after the
date of the enactment of this paragraph [enacted Dec.
9, 1999], the Secretary, after notice and opportunity
for public comment, shall issue regulations to provide
for the suspension, amendment, or revocation of a
registration under this part for failure to pay a civil
penalty as provided in paragraph (1)(B).]
(2) Not later than 12 months after the date of the
enactment of the Motorcoach Enhanced Safety Act of
2011, the Secretary, after notice and opportunity for
comment, shall issue regulations that--
(A) provide for the denial, suspension,
amendment, or revocation of a registration
pursuant to paragraph (1)(C); and
(B) exempt the application of paragraph
(1)(B) to any person who is unable to pay a
civil penalty because such person is a debtor
in a case under chapter 11 of title 11.
(e) Procedure.--Except on application of the registrant, the
Secretary may revoke a registration of a motor carrier, freight
forwarder, or broker, only after--
(1) the Secretary determines that the registrant has
failed to disclose a material fact in its application
for registration in accordance with subsection
(d)(1)(C); or
[(1) the Secretary] (2)(A) the Secretary has issued
an order to the registrant under section 14701
requiring compliance with this part, a regulation of
the Secretary, or a condition of the registration; and
[(2)] (B) the registrant willfully does not comply
with the order for a period of 30 days.
(f) Expedited Procedure.--
(1) Protection of safety.--Notwithstanding subchapter
II of chapter 5 of title 5, the Secretary--
(A) may suspend the registration of a motor
carrier, a freight forwarder, or a broker for
failure to comply with requirements of the
Secretary pursuant to section 13904(c) or 13906
or an order or regulation of the Secretary
prescribed under those sections; and
(B) shall revoke the registration of a motor
carrier that has been prohibited from operating
in interstate commerce for failure to comply
with the safety fitness requirements of section
31144.
(2) Imminent hazard to public health.--Without regard
to subchapter II of chapter 5 of title 5, the Secretary
shall revoke the registration of a motor carrier of
passengers if the Secretary finds that such carrier has
been conducting unsafe operations which are an imminent
hazard to public health or property.
(3) Notice; period of suspension.--The Secretary may
suspend or revoke under this subsection the
registration only after giving notice of the suspension
or revocation to the registrant. A suspension remains
in effect until the registrant complies with the
applicable sections or, in the case of a suspension
under paragraph (2), until the Secretary revokes the
suspension.
* * * * * * *
TITLE 49. TRANSPORTATION
SUBTITLE VI. MOTOR VEHICLE AND DRIVER PROGRAMS
PART B. COMMERCIAL
CHAPTER 311. COMMERCIAL MOTOR VEHICLE SAFETY
SUBCHAPTER I.
Sec. 31102. Grants to States
(a) General Authority.--Subject to this section and the
availability of amounts, the Secretary of Transportation may
make grants to States for the development or implementation of
programs for improving motor carrier safety and the enforcement
of regulations, standards, and orders of the United States
Government on commercial motor vehicle safety, hazardous
materials transportation safety, and compatible State
regulations, standards, and orders.
(b) State Plan Procedures and Contents.--
(1) The Secretary shall prescribe procedures for a
State to submit a plan under which the State agrees to
assume responsibility for improving motor carrier
safety and to adopt and enforce regulations, standards,
and orders of the Government on commercial motor
vehicle safety, hazardous materials transportation
safety, or compatible State regulations, standards, and
orders. The Secretary shall approve the plan if the
Secretary decides the plan is adequate to promote the
objectives of this section and the plan--
(A) implements performance-based activities,
including deployment of technology to enhance
the efficiency and effectiveness of commercial
motor vehicle safety programs;
(B) designates the State motor vehicle safety
agency responsible for administering the plan
throughout the State;
(C) contains satisfactory assurances the
agency has or will have the legal authority,
resources, and qualified personnel necessary to
enforce the regulations, standards, and orders;
(D) contains satisfactory assurances the
State will devote adequate amounts to the
administration of the plan and enforcement of
the regulations, standards, and orders;
(E) provides that the total expenditure of
amounts of the State and its political
subdivisions (not including amounts of the
Government) for commercial motor vehicle safety
programs for enforcement of commercial motor
vehicle size and weight limitations, drug
interdiction, and State traffic safety laws and
regulations under subsection (c) of this
section will be maintained at a level at least
equal to the average level of that expenditure
for the 3 full fiscal years beginning after
October 1 of the year 5 years prior to the
beginning of each Government fiscal year.
(F) provides a right of entry and inspection
to carry out the plan;
(G) provides that all reports required under
this section be submitted to the agency and
that the agency will make the reports available
to the Secretary on request;
(H) provides that the agency will adopt the
reporting requirements and use the forms for
recordkeeping, inspections, and investigations
the Secretary prescribes;
(I) requires registrants of commercial motor
vehicles to make a declaration of knowledge of
applicable safety regulations, standards, and
orders of the Government and the State;
(J) provides that the State will grant
maximum reciprocity for inspections conducted
under the North American Inspection Standard
through the use of a nationally accepted system
that allows ready identification of previously
inspected commercial motor vehicles;
(K) ensures that activities described in
subsection (c)(1) of this section, if financed
with grants under subsection (a) of this
section, will not diminish the effectiveness of
the development and implementation of
commercial motor vehicle safety programs
described in subsection (a);
(L) ensures that the State agency will
coordinate the plan, data collection, and
information systems with State highway safety
programs under title 23;
(M) ensures participation in SAFETYNET and
other information systems by all appropriate
jurisdictions receiving funding under this
section;
(N) ensures that information is exchanged
among the States in a timely manner;
(O) provides satisfactory assurances that the
State will undertake efforts that will
emphasize and improve enforcement of State and
local traffic safety laws and regulations
related to commercial motor vehicle safety;
(P) provides satisfactory assurances that the
State will promote activities in support of
national priorities and performance goals,
including--
(i) activities aimed at removing
impaired commercial motor vehicle
drivers from the highways of the United
States through adequate enforcement of
regulations on the use of alcohol and
controlled substances and by ensuring
ready roadside access to alcohol
detection and measuring equipment;
(ii) activities aimed at providing an
appropriate level of training to State
motor carrier safety assistance program
officers and employees on recognizing
drivers impaired by alcohol or
controlled substances; and
(iii) interdiction activities
affecting the transportation of
controlled substances by commercial
motor vehicle drivers and training on
appropriate strategies for carrying out
those interdiction activities;
(Q) provides that the State has established a
program to ensure that--
(i) accurate, complete, and timely
motor carrier safety data is collected
and reported to the Secretary; and
(ii) the State will participate in a
national motor carrier safety data
correction system prescribed by the
Secretary;
(R) ensures that the State will cooperate in
the enforcement of registration requirements
under section 13902 and financial
responsibility requirements under sections
13906, 31138, and 31139 and regulations issued
thereunder;
(S) ensures consistent, effective, and
reasonable sanctions;
(T) ensures that roadside inspections will be
conducted at a location that is adequate to
protect the safety of drivers and enforcement
personnel;
(U) provides that the State will include in
the training manual for the licensing
examination to drive a noncommercial motor
vehicle and a commercial motor vehicle,
information on best practices for driving
safely in the vicinity of noncommercial and
commercial motor vehicles;
(V) provides that the State will enforce the
registration requirements of section 13902 by
prohibiting the operation of any vehicle
discovered to be operated by a motor carrier
without a registration issued under such
section or to operate beyond the scope of such
registration;
(W) provides that the State will conduct
comprehensive and highly visible traffic
enforcement and commercial motor vehicle safety
inspection programs in high-risk locations and
corridors; [and]
(X) except in the case of an imminent or
obvious safety hazard, ensures that an
inspection of a vehicle transporting passengers
for a motor carrier of passengers is conducted
at a station, terminal, border crossing,
maintenance facility, destination, or other
location where a motor carrier may make a
planned stop[.]; and
(Y) requires State licensing authorities to
compare the forms they receive pursuant to
section 11(c) of the Motorcoach Enhanced Safety
Act of 2011 with the medical examiner's
certificate required under section 391.43(g) of
title 49, Code of Federal Regulations (as in
effect on the day before the date of enactment
of that Act), to determine the accuracy and
validity of the information contained in such
forms and certificates.
(2) If the Secretary disapproves a plan under this
subsection, the Secretary shall give the State a
written explanation and allow the State to modify and
resubmit the plan for approval.
(3) In estimating the average level of State
expenditure under paragraph (1)(E) of this subsection,
the Secretary--
(A) may allow the State to exclude State
expenditures for Government-sponsored
demonstration or pilot programs; and
(B) shall require the State to exclude
Government amounts and State matching amounts
used to receive Government financing under
subsection (a) of this section.
(c) Use of Grants to Enforce Other Laws.--A State may use
amounts received under a grant under subsection (a)--
(1) for the following activities if the activities
are carried out in conjunction with an appropriate
inspection of the commercial motor vehicle to enforce
Government or State commercial motor vehicle safety
regulations:
(A) enforcement of commercial motor vehicle
size and weight limitations at locations other
than fixed weight facilities, at specific
locations such as steep grades or mountainous
terrains where the weight of a commercial motor
vehicle can significantly affect the safe
operation of the vehicle, or at ports where
intermodal shipping containers enter and leave
the United States; and
(B) detection of the unlawful presence of a
controlled substance (as defined under section
102 of the Comprehensive Drug Abuse Prevention
and Control Act of 1970 (21 U.S.C. 802)) in a
commercial motor vehicle or on the person of
any occupant (including the operator) of the
vehicle; and
(2) for documented enforcement of State traffic laws
and regulations designed to promote the safe operation
of commercial motor vehicles, including documented
enforcement of such laws and regulations relating to
noncommercial motor vehicles when necessary to promote
the safe operation of commercial motor vehicles if the
number of motor carrier safety activities (including
roadside safety inspections) conducted in the State is
maintained at a level at least equal to the average
level of such activities conducted in the State in
fiscal years 2003, 2004, and 2005; except that the
State may not use more than 5 percent of the basic
amount the State receives under the grant under
subsection (a) for enforcement activities relating to
noncommercial motor vehicles described in this
paragraph unless the Secretary determines a higher
percentage will result in significant increases in
commercial motor vehicle safety.
(d) Continuous Evaluation of Plans.--On the basis of reports
submitted by a State motor vehicle safety agency of a State
with a plan approved under this section and the Secretary's own
investigations, the Secretary shall make a continuing
evaluation of the way the State is carrying out the plan. If
the Secretary finds, after notice and opportunity for comment,
the State plan previously approved is not being followed or has
become inadequate to ensure enforcement of the regulations,
standards, or orders, the Secretary shall withdraw approval of
the plan and notify the State. The plan stops being effective
when the notice is received. A State adversely affected by the
withdrawal may seek judicial review under chapter 7 of title 5.
Notwithstanding the withdrawal, the State may retain
jurisdiction in administrative or judicial proceedings begun
before the withdrawal if the issues involved are not related
directly to the reasons for the withdrawal.
(e) Annual Report.--The Secretary shall submit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science and
Transportation of the Senate an annual report that--
(1) analyzes commercial motor vehicle safety trends
among the States and documents the most effective
commercial motor vehicle safety programs implemented
with grants under this section; and
(2) describes the effect of activities carried out
with grants made under this section on commercial motor
vehicle safety.
* * * * * * *
CHAPTER 311. COMMERCIAL MOTOR VEHICLE SAFETY
SUBCHAPTER III. SAFETY REGULATION
Sec. 31132. Definitions
In this subchapter--
(1) ``commercial motor vehicle'' means a self-
propelled or towed vehicle used on the highways in
interstate commerce to transport passengers or
property, if the vehicle--
(A) has a gross vehicle weight rating or
gross vehicle weight of at least 10,001 pounds,
whichever is greater;
(B) is designed or used to transport more
than 8 passengers (including the driver) for
compensation;
(C) is designed or used to transport more
than 15 passengers, including the driver, and
is not used to transport passengers for
compensation; or
(D) is used in transporting material found by
the Secretary of Transportation to be hazardous
under section 5103 of this title and
transported in a quantity requiring placarding
under regulations prescribed by the Secretary
under section 5103.
(2) ``employee'' means an operator of a commercial
motor vehicle (including an independent contractor when
operating a commercial motor vehicle), a mechanic, a
freight handler, or an individual not an employer,
who--
(A) directly affects commercial motor vehicle
safety in the course of employment; and
(B) is not an employee of the United States
Government, a State, or a political subdivision
of a State acting in the course of the
employment by the Government, a State, or a
political subdivision of a State.
[(3) ``employer''--
[(A) means a person engaged in a business
affecting interstate commerce that owns or
leases a commercial motor vehicle in connection
with that business, or assigns an employee to
operate it; but
[(B) does not include the Government, a
State, or a political subdivision of a State.]
(3) ``employer''--
(A) means a person engaged in a business
affecting interstate commerce that--
(i) owns or leases a commercial motor
vehicle in connection with that
business, or assigns and employee to
operate it; or
(ii) offers for rent or lease motor
vehicles designed or used to transport
more than 15 passengers, including the
driver, and from the same location or
as part of the same business provides
names or contact information of
drivers, arranges for a driver of the
rented or leased passenger-carrying
motor vehicle, or holds itself out to
the public as a provider of
transportation services; and
(B) does not include an individual who is an
employee of the United States Government, a
State, or a political subdivision of a State
acting in the course of that individual's
employment as such an employee.
(4) ``interstate commerce'' means trade, traffic, or
transportation in the United States between a place in
a State and--
(A) a place outside that State (including a
place outside the United States); or
(B) another place in the same State through
another State or through a place outside the
United States.
(5) ``intrastate commerce'' means trade, traffic, or
transportation in a State that is not interstate
commerce.
(6) ``medical examiner'' means an individual
licensed, certified, or registered in accordance with
regulations issued by the Federal Motor Carrier Safety
Administration as a medical examiner.
(7) ``regulation'' includes a standard or order.
(8) ``State'' means a State of the United States, the
District of Columbia, and, in sections 31136 and 31140-
31142 of this title, a political subdivision of a
State.
(9) ``State law'' includes a law enacted by a
political subdivision of a State.
(10) ``State regulation'' includes a regulation
prescribed by a political subdivision of a State.
(11) ``United States'' means the States of the United
States and the District of Columbia.
* * * * * * *
Sec. 31135. Duties of employers and employees
(a) In General.--Each employer and employee shall comply with
regulations on commercial motor vehicle safety prescribed by
the Secretary of Transportation under this subchapter that
apply to the employer's or employee's conduct.
(b) Pattern of Noncompliance.--If the Secretary finds that an
officer of a motor carrier engages or has engaged in a pattern
or practice of avoiding compliance, or masking or otherwise
concealing noncompliance, with regulations on commercial motor
vehicle safety prescribed under this subchapter, while serving
as an officer of any motor carrier, the Secretary may suspend,
amend, or revoke any part of the motor carrier's registration
under section 13905.
(c) Regulations.--Not later than 1 year after the date of
enactment of this subsection, the Secretary shall by regulation
establish standards to implement subsection (b).
(d) Avoiding Compliance.--
(1) Prohibited actions.--Two or more employers shall
not use common ownership, common management, common
control, or common familial relationship to enable any
or all such employers to avoid compliance, or mask or
otherwise conceal noncompliance, or a history of
noncompliance, with commercial motor vehicle safety
regulations issued under this subchapter, chapter 315,
or an order of the Secretary issued under this
subchapter, chapter 315, or such regulations.
(2) Effect of violation.--If the Secretary determines
that an employer has engaged in any action prohibited
under paragraph (1), the Secretary shall--
(A) deny, suspend, amend, or revoke all or
part of such employer's registration under
section 13905; and
(B) take into account such noncompliance for
purposes of determining the amount of the civil
to which the employer is liable under section
521(b)(2)(D).
[(d)] (e) Definitions.--In this section, the following
definitions apply:
(1) Motor carrier.--The term ``motor carrier'' has
the meaning such term has under section 13102.
(2) Officer.--The term ``officer'' means an owner,
director, chief executive officer, chief operating
officer, chief financial officer, safety director,
vehicle maintenance supervisor, and driver supervisor
of a motor carrier, regardless of the title attached to
those functions, and any person, however designated,
exercising controlling influence over the operations of
a motor carrier.
* * * * * * *
Sec. 31144. Safety fitness of owners and operators
(a) In General.--The Secretary shall--
(1) determine whether an owner or operator is fit to
operate safely commercial motor vehicles, utilizing
among other things the accident record of an owner or
operator operating in interstate commerce and the
accident record and safety inspection record of such
owner or operator--
(A) in operations that affect interstate
commerce within the United States; and
(B) in operations in Canada and Mexico if the
owner or operator also conducts operations
within the United States;
(2) periodically update such safety fitness
determinations;
(3) make such final safety fitness determinations
readily available to the public; and
(4) prescribe by regulation penalties for violations
of this section consistent with section 521.
(b) Procedure.--The Secretary shall maintain by regulation a
procedure for determining the safety fitness of an owner or
operator. The procedure shall include, at a minimum, the
following elements:
(1) Specific initial and continuing requirements with
which an owner or operator must comply to demonstrate
safety fitness.
(2) A methodology the Secretary will use to determine
whether an owner or operator is fit.
(3) Specific time frames within which the Secretary
will determine whether an owner or operator is fit.
(c) Prohibited Transportation.--
(1) In general.--Except as provided in section
521(b)(5)(A) and this subsection, an owner or operator
who the Secretary determines is not fit may not operate
commercial motor vehicles in interstate commerce
beginning on the 61st day after the date of such
fitness determination and until the Secretary
determines such owner or operator is fit.
(2) Owners or operators transporting passengers.--
With regard to owners or operators of commercial motor
vehicles designed or used to transport passengers, an
owner or operator who the Secretary determines is not
fit may not operate in interstate commerce beginning on
the 46th day after the date of such fitness
determination and until the Secretary determines such
owner or operator is fit.
(3) Owners or operators transporting hazardous
material.--With regard to owners or operators of
commercial motor vehicles designed or used to transport
hazardous material for which placarding of a motor
vehicle is required under regulations prescribed under
chapter 51, an owner or operator who the Secretary
determines is not fit may not operate in interstate
commerce beginning on the 46th day after the date of
such fitness determination and until the Secretary
determines such owner or operator is fit. A violation
of this paragraph by an owner or operator transporting
hazardous material shall be considered a violation of
chapter 51, and shall be subject to the penalties in
sections 5123 and 5124.
(4) Secretary's discretion.--Except for owners or
operators described in paragraphs (2) and (3), the
Secretary may allow an owner or operator who is not fit
to continue operating for an additional 60 days after
the 61st day after the date of the Secretary's fitness
determination, if the Secretary determines that such
owner or operator is making a good faith effort to
become fit.
(5) Transportation affecting interstate commerce.--
Owners or operators of commercial motor vehicles
prohibited from operating in interstate commerce
pursuant to paragraphs (1) through (3) of this section
may not operate any commercial motor vehicle that
affects interstate commerce until the Secretary
determines that such owner or operator is fit.
(d) Determination of Unfitness by State.--If a State that
receives motor carrier safety assistance program funds under
section 31102 determines, by applying the standards prescribed
by the Secretary under subsection (b), that an owner or
operator of a commercial motor vehicle that has its principal
place of business in that State and operates in intrastate
commerce is unfit under such standards and prohibits the owner
or operator from operating such vehicle in the State, the
Secretary shall prohibit the owner or operator from operating
such vehicle in interstate commerce until the State determines
that the owner or operator is fit.
(e) Review of Fitness Determinations.--
(1) In general.--Not later than 45 days after an
unfit owner or operator requests a review, the
Secretary shall review such owner's or operator's
compliance with those requirements with which the owner
or operator failed to comply and resulted in the
Secretary determining that the owner or operator was
not fit.
(2) Owners or operators transporting passengers.--Not
later than 30 days after an unfit owner or operator of
commercial motor vehicles designed or used to transport
passengers requests a review, the Secretary shall
review such owner's or operator's compliance with those
requirements with which the owner or operator failed to
comply and resulted in the Secretary determining that
the owner or operator was not fit.
(3) Owners or operators transporting hazardous
material.--Not later than 30 days after an unfit owner
or operator of commercial motor vehicles designed or
used to transport hazardous material for which
placarding of a motor vehicle is required under
regulations prescribed under chapter 51, the Secretary
shall review such owner's or operator's compliance with
those requirements with which the owner or operator
failed to comply and resulted in the Secretary
determining that the owner or operator was not fit.
(f) Prohibited Government Use.--A department, agency, or
instrumentality of the United States Government may not use to
provide any transportation service an owner or operator who the
Secretary has determined is not fit until the Secretary
determines such owner or operator is fit.
(g) Safety Reviews of New Operators.--
(1) In general.--The Secretary shall require, by
regulation, each owner and each operator transporting
property granted new operating authority, after the
date on which section 31148(b) is first implemented, to
undergo a safety review within the first 18 months
after the owner or operator, as the case may be, begins
operations under such authority.
(2) Elements.--In the regulations issued pursuant to
paragraph (1), the Secretary shall establish the
elements of the safety review, including basic safety
management controls. In establishing such elements, the
Secretary shall consider their effects on small
businesses and shall consider establishing alternate
locations where such reviews may be conducted for the
convenience of small businesses.
(3) Phase-in of requirement.--The Secretary shall
phase in the requirements of paragraph (1) in a manner
that takes into account the availability of certified
motor carrier safety auditors.
(4) New entrant authority.--Notwithstanding any other
provision of this title, any new operating authority
granted after the date on which section 31148(b) is
first implemented shall be designated as new entrant
authority until the safety review required by paragraph
(1) is completed.
(5) New entrant audits.--
(A) Grants.--The Secretary may make grants to
States and local governments for new entrant
motor carrier audits under this subsection
without requiring a matching contribution from
such States and local governments.
(B) Set aside.--The Secretary shall set aside
from amounts made available by section 31104(a)
up to $29,000,000 per fiscal year for audits of
new entrant motor carriers conducted pursuant
to this paragraph.
(C) Determination.--If the Secretary
determines that a State or local government is
not able to use government employees to conduct
new entrant motor carrier audits, the Secretary
may use the funds set aside under this
paragraph to conduct audits for such States or
local governments.
(h) Periodic Safety Reviews of Providers of Motorcoach
Services.--
(1) Safety review.--
(A) In general.--The Secretary shall--
(i) determine the safety fitness of
all providers of motorcoach services
registered with the Federal Motor
Carrier Safety Administration; and
(ii) assign a safety fitness rating
to each such provider.
(B) Applicability.--Subparagraph (A) shall
apply--
(i) to any provider of motorcoach
services registered with the
Administration after the date of the
enactment of the Motorcoach Enhanced
Safety Act of 2011 beginning not later
than 2 years after the date of such
registration; and
(ii) to any provider of motorcoach
services registered with the
Administration on or before the date of
enactment of that Act beginning not
later than 3 years after the date of
the enactment of such Act.
(2) Periodic review.--The Secretary shall establish,
by regulation, a process for monitoring the safety
performance of each provider of motorcoach services on
a regular basis following the assignment of a safety
fitness rating, including progressive intervention to
correct unsafe practices.
(3) Enforcement strike forces.--In addition to the
enhanced monitoring and enforcement actions required
under paragraph (2), the Secretary may organize special
enforcement strike forces targeting providers of
motorcoach services.
(4) Periodic update of safety fitness rating.--In
conducting the safety reviews required under this
subsection, the Secretary shall reassess the safety
fitness rating of each provider not less frequently
than once every 3 years.
(5) Motorcoach services defined.--In this subsection,
the term ``provider of motorcoach services'' has the
meaning given such term in section 2 of the Motorcoach
Enhanced Safety Act of 2011.
* * * * * * *
Sec. 31149. Medical program
(a) Medical Review Board.--
(1) Establishment and function.--The Secretary of
Transportation shall establish a Medical Review Board
to provide the Federal Motor Carrier Safety
Administration with medical advice and [recommendations
on medical standards] recommendations on--
(A) medical standards and guidelines for the
physical qualifications of operators of
commercial motor vehicles, medical examiner
education, and medical [research.] research;
and
(B) advice and recommendations concerning the
criteria to be used for evaluating medical
examiners for admission to the national
registry established under this section.
(2) Composition.--The Medical Review Board shall be
appointed by the Secretary and shall consist of 5
members selected from medical institutions and private
practice. The membership shall reflect expertise in a
variety of medical specialties relevant to the driver
fitness requirements of the Federal Motor Carrier
Safety Administration.
(b) Chief Medical Examiner.--The Secretary shall appoint a
chief medical examiner who shall be an employee of the Federal
Motor Carrier Safety Administration and who shall hold a
position under section 3104 of title 5, United States Code,
relating to employment of specially qualified scientific and
professional personnel, and shall be paid under section 5376 of
title 5, United States Code, relating to pay for certain
senior-level positions.
(c) Medical Standards and Requirements.--
(1) In general.--The Secretary, with the advice of
the Medical Review Board and the chief medical
examiner, shall--
(A) establish, review, and revise--
(i) medical standards for operators
of commercial motor vehicles that will
ensure that the physical condition of
operators of commercial motor vehicles
is adequate to enable them to operate
the vehicles safely; and
(ii) requirements for periodic
physical examinations of such operators
performed by medical examiners who
have, at a minimum, self-certified that
they have completed training in
physical and medical examination
standards and are listed on a national
registry maintained by the Department
of Transportation;
(B) require each such operator to have a
current valid medical certificate;
(C) conduct periodic reviews of a select
number of medical examiners on the national
registry to ensure that proper examinations of
such operators are being conducted;
[(D) develop, as appropriate, specific
courses and materials for medical examiners
listed in the national registry established
under this section, and require those medical
examiners to, at a minimum, self-certify that
they have completed specific training,
including refresher courses, to be listed in
the registry;]
(D) develop requirements applicable to a
medical examiner seeking to be listed in the
national registry, including--
(i) specific courses and materials
that must be completed to be listed in
the national registry;
(ii) a rigorous written examination
for which a passing grade must be
achieved to be listed in the national
registry;
(iii) certification (including self-
certification), as appropriate, to
verify that the medical examiner has
completed training, including refresher
courses, that the Secretary determines
are necessary to be listed in the
national registry; and
(iv) demonstration of the willingness
and ability of a medical examiner to
comply with any reporting requirements
established by the Secretary;
(E) require medical examiners to transmit the
name of the applicant and numerical identifier,
as determined by the Administrator of the
Federal Motor Carrier Safety Administration,
for any completed medical examination report
required under section 391.43 of title 49, Code
of Federal Regulations, electronically to the
chief medical examiner on monthly basis; [and]
(F) periodically review a representative
sample of the medical examination reports
associated with the name and numerical
identifiers of applicants transmitted under
subparagraph (E) for errors, omissions, or
other indications of improper certification[.];
and
(G) annually review the licensing authorities
of 10 States to assess the accuracy, validity,
and timeliness of physical examination reports
and medical certificates submitted by certified
medical examiners to such State licensing
agencies and the processing of such submissions
by the licensing authorities.
(2) Monitoring performance.--The Secretary shall
investigate patterns of errors or improper
certification by a medical examiner. If the Secretary
finds that a medical examiner has issued a medical
certificate to an operator of a commercial motor
vehicle who fails to meet the applicable standards at
the time of the examination or that a medical examiner
has falsely claimed to have completed training in
physical and medical examination standards as required
by this section, the Secretary may remove such medical
examiner from the registry and may void the medical
certificate of the applicant or holder.
(d) National Registry of Medical Examiners.--The Secretary,
acting through the Federal Motor Carrier Safety
Administration--
(1) shall establish and maintain a current national
registry of medical examiners who are qualified to
perform examinations and issue medical certificates;
(2) shall remove from the registry the name of any
medical examiner that fails to meet or maintain the
qualifications established by the Secretary for being
listed in the registry or otherwise does not meet the
requirements of this section or regulation issued under
this section;
(3) shall accept as valid only medical certificates
issued by persons on the national registry of medical
examiners; and
(4) may make participation of medical examiners in
the national registry voluntary if such a change will
enhance the safety of operators of commercial motor
vehicles.
(e) Regulations.--The Secretary shall issue such regulations
as may be necessary to carry out this section.
* * * * * * *
Sec. 31152. Regulation of the use of distracting devices in
motorcoaches
(a) In General.--Not later than 1 year after the date of the
enactment of the Motorcoach Enhanced Safety Act of 2011, the
Secretary of Transportation shall prescribe regulations on the
use of electronic or wireless devices, including cell phones
and other distracting devices, by an individual employed as the
operator of a motorcoach (as defined in section 2(8) of such
Act).
(b) Basis for Regulations.--The Secretary shall base the
regulations prescribed under subsection (a) on accident data
analysis, the results of ongoing research, and other
information, as appropriate.
(c) Prohibited Use.--Except as provided under subsection (d),
the Secretary shall prohibit the use of the devices described
in subsection (a) in circumstances in which the Secretary
determines that their use interferes with the driver's safe
operation of a motorcoach.
(d) Permitted Use.--The Secretary may permit the use of a
device that is otherwise prohibited under subsection (c) if the
Secretary determines that such use is necessary for the safety
of the driver or the public in emergency circumstances.