U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

19–010 

" ! SENATE 

112TH CONGRESS

1st Session 

REPORT

2011

112–93 

Calendar No. 227 

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 


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(II) 

SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION 

ONE HUNDRED TWELFTH CONGRESS

FIRST SESSION

JOHN D. ROCKEFELLER IV, West Virginia, Chairman 

DANIEL K. INOUYE, Hawaii 

JOHN F. KERRY, Massachusetts 

BARBARA BOXER, California 

BILL NELSON, Florida 

MARIA CANTWELL, Washington 

FRANK R. LAUTENBERG, New Jersey 

MARK PRYOR, Arkansas 

CLAIRE MCCASKILL, Missouri 

AMY KLOBUCHAR, Minnesota 

TOM UDALL, New Mexico 

MARK WARNER, Virginia 

MARK BEGICH, Alaska 

KAY BAILEY HUTCHISON, Texas 

OLYMPIA J. SNOWE, Maine 

JIM DEMINT, South Carolina 

JOHN THUNE, South Dakota 

ROGER F. WICKER, Mississippi 

JOHNNY ISAKSON, Georgia 

ROY BLUNT, Missouri 

JOHN BOOZMAN, Arkansas 

PATRICK J. TOOMEY, Pennsylvania 

MARCO RUBIO, Florida 

KELLY AYOTTE, New Hampshire 

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 


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Calendar No. 227 

112TH CONGRESS REPORT " ! SENATE 1st Session 112–93 

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 

R E P O R T 

[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. 


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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 


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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 


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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 hoursof-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 


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1 U.S. Department of Transportation, Motorcoach Safety Action Plan, November 2009, p. 13. 

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

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 


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2FMVSS 208, ‘‘Occupant crash protection,’’ FMVSS 209, ‘‘Seat belt assemblies,’’ and FMVSS 

210, ‘‘Seat belt assembly anchorages,’’ apply to the driver’s seat only. 3 National Highway Traffic Safety Administration, NHTSA’s Approach to Motorcoach Safety, 

August 2007. 

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

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. 

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, 


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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 


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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. 

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. 

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 cusVerDate Mar 15 2010 06:37 Nov 10, 2011 Jkt 019010 PO 00000 Frm 00010 Fmt 6659 Sfmt 6601 E:\HR\OC\SR093.XXX SR093

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5 Advocates for Highway and Auto Safety v. Federal Motor Carrier Safety Administration, 429 

F. 3d 1136 (2005). 

tomer 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. 

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, 


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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-theroad, 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 


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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 


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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 subVerDate Mar 15 2010 06:37 Nov 10, 2011 Jkt 019010 PO 00000 Frm 00014 Fmt 6659 Sfmt 6601 E:\HR\OC\SR093.XXX SR093

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mitted 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 


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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. 


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15 

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-YouGo 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. 


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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; 


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• 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 


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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 


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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-TheRoad 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. 


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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 noncompliance 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 sysVerDate Mar 15 2010 06:37 Nov 10, 2011 Jkt 019010 PO 00000 Frm 00022 Fmt 6659 Sfmt 6602 E:\HR\OC\SR093.XXX SR093

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tem 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 veVerDate Mar 15 2010 06:37 Nov 10, 2011 Jkt 019010 PO 00000 Frm 00023 Fmt 6659 Sfmt 6602 E:\HR\OC\SR093.XXX SR093

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hicle 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 


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23 

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 øis 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

§ 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 


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(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 

ø(14) brokers for motor carriers of passengers, except as provided in section 13904(d); or¿ 


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ø(15)¿ (14) transportation of broken, crushed, or powdered 

glass. 

* * * * * * * 

CHAPTER 139. REGISTRATION

§ 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 


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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-ofservice 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); 


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(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. 

ø(1)¿ (5) REGISTRATION OF PRIVATE RECIPIENTS OF GOVERN- MENTAL 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. 

ø(2)¿ (6) REGISTRATION OF PUBLIC RECIPIENTS OF GOVERN- MENTAL 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 transporVerDate Mar 15 2010 06:37 Nov 10, 2011 Jkt 019010 PO 00000 Frm 00029 Fmt 6659 Sfmt 6601 E:\HR\OC\SR093.XXX SR093

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tation 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. 

ø(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 regularroute 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. 

ø(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. 

ø(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. 

ø(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. 

ø(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. 

ø(8)¿ (12) DEFINITIONS.—In this subsection, the following 

definitions apply: 


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(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 


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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. 


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(e) PENALTIES FOR FAILURE TO COMPLY WITH REGISTRATION RE- QUIREMENTS.—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. 


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(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. 

§ 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. 

§ 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. 


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(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 ømay (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 øregistration; and (B) suspend¿ registration; 

(B) suspend, amend, or revoke any part of the registration of a motor carrier, broker, or freight øforwarder: (i) for 

failure to pay¿ forwarder for failure— 

(i) to pay a civil penalty imposed under chapter 5, 

51, 149, or 311 of this øtitle; 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 øpenalty.¿ 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. 

øSubparagraph (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.¿ 

ø(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. 


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(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 

ø(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 

ø(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. 

§ 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 


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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 


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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 


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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; øand¿ 

(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 stopø.¿; 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 


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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

§ 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 


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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. 

ø(3) ‘‘employer’’— 

ø(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 

ø(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. 


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(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. 

* * * * * * * 

§ 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). 

ø(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. 

* * * * * * * 

§ 31144. Safety fitness of owners and operators 

(a) IN GENERAL.—The Secretary shall— 


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(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 


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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 MATE- RIAL.—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. 


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(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. 


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(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. 

* * * * * * * 

§ 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 ørecommendations 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 øresearch.¿ 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 


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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; 

ø(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; øand¿ 

(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 certificationø.¿; 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 exVerDate Mar 15 2010 06:49 Nov 10, 2011 Jkt 019010 PO 00000 Frm 00047 Fmt 6659 Sfmt 6601 E:\HR\OC\SR093.XXX SR093

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amination 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. 

* * * * * * * 

§ 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. 

Æ 


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