II 

116TH CONGRESS 

2D SESSION S. 4722 

To amend title 49, United States Code, to establish a standard of care 

for the selection by certain entities of motor carriers. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 24, 2020 

Mrs. FISCHER introduced the following bill; which was read twice and referred 

to the Committee on Commerce, Science, and Transportation 

A BILL 

To amend title 49, United States Code, to establish a standard of care for the selection by certain entities of motor 

carriers. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Transportation and 

5 Logistics Hiring Reform Act of 2020’’. 

6 SEC. 2. MOTOR CARRIER SELECTION STANDARD OF CARE. 

7 (a) IN GENERAL.—Chapter 131 of title 49, United 

8 States Code, is amended by adding at the end the fol9 lowing: 


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1 ‘‘§ 13104. Motor carrier selection standard of care 

2 ‘‘(a) DEFINITIONS.—In this section: 

3 ‘‘(1) COVERED ENTITY.— 

4 ‘‘(A) IN GENERAL.—The term ‘covered en5 tity’ means a person acting as— 

6 ‘‘(i) a shipper; 

7 ‘‘(ii) a consignee; 

8 ‘‘(iii) a broker; 

9 ‘‘(iv) a freight forwarder; 

10 ‘‘(v) a household goods freight for11 warder; 

12 ‘‘(vi) an ocean transportation inter13 mediary; 

14 ‘‘(vii) an indirect air carrier; 

15 ‘‘(viii) a customs broker; or 

16 ‘‘(ix) a motor carrier. 

17 ‘‘(B) EXCLUSIONS.—The term ‘covered en18 tity’ does not include— 

19 ‘‘(i) an individual shipper; or 

20 ‘‘(ii) a broker for the transportation 

21 of passengers. 

22 ‘‘(2) MOTOR CARRIER.—The term ‘motor car23 rier’ means a motor carrier (including a household 

24 goods motor carrier) that is subject to the jurisdic25 tion of the Secretary under section 13501. 


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1 ‘‘(b) STANDARD OF CARE.—Before tendering a ship2 ment, but not more than 45 days before the date on which 

3 the shipment is picked up by a motor carrier, a covered 

4 entity shall verify that the motor carrier, as of the time 

5 of the verification— 

6 ‘‘(1) is registered under section 13902; 

7 ‘‘(2) does not have an unsatisfactory safety fit8 ness rating; and 

9 ‘‘(3) has not otherwise been ordered to dis10 continue operations by the Federal Motor Carrier 

11 Safety Administration. 

12 ‘‘(c) APPLICATION OF STANDARD OF CARE.—In any 

13 civil action in Federal or State court for damages in which 

14 it is asserted or alleged that a covered entity acted neg15 ligently in the selection or retention of a motor carrier, 

16 the covered entity shall be considered to have acted rea17 sonably and prudently in the selection of the motor carrier 

18 for the transportation of property if the covered entity es19 tablishes that the covered entity verified information relat20 ing to the motor carrier through the Federal Motor Car21 rier Safety Administration, in accordance with subsection 

22 (b).’’. 


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1 (b) CLERICAL AMENDMENT.—The analysis for chap2 ter 131 of title 49, United States Code, is amended by 

3 adding at the end the following: 

‘‘§ 13104. Motor carrier selection standard of care.’’. 

Æ 


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