II 

115TH CONGRESS 

1ST SESSION S. 1345 

To enhance interstate commerce by creating a national hiring standard for 

motor carriers, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 13, 2017 

Mrs. FISCHER (for herself, Mr. CRAPO, and Mr. BLUNT) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation 

A BILL 

To enhance interstate commerce by creating a national hiring 

standard for motor carriers, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

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

5 Logistics Hiring Reform Act of 2017’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act, the following definitions apply: 

8 (1) ENTITY.—The term ‘‘entity’’ means a per9 son acting as— 


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1 (A) a shipper, except for an individual 

2 shipper (as defined in section 13102 of title 49, 

3 United States Code) or a consignee; 

4 (B) a broker, a freight forwarder, or a 

5 household goods freight forwarder (as such 

6 terms are defined in section 13102 of title 49, 

7 United States Code); 

8 (C) a non-vessel-operating common carrier, 

9 an ocean freight forwarder, or an ocean trans10 portation intermediary (as such terms are de11 fined in section 40102 of title 46, United States 

12 Code); 

13 (D) an indirect air carrier authorized to 

14 operate under a standard security program ap15 proved by the Transportation Security Adminis16 tration; 

17 (E) a customs broker licensed in accord18 ance with section 111.2 of title 19, Code of 

19 Federal Regulations; 

20 (F) an interchange motor carrier subject 

21 to paragraphs (1)(B) and (2) of section 

22 13902(i) of title 49, United States Code; or 

23 (G) a warehouse (as defined in Article 7– 

24 102 of the Uniform Commercial Code). 


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1 (2) MOTOR CARRIER.—The term ‘‘motor car2 rier’’ means a motor carrier (as defined in section 

3 13102 of title 49, United States Code) that is sub4 ject to Federal motor carrier financial responsibility 

5 and safety regulations. 

6 (3) STATE.—The term ‘‘State’’ means— 

7 (A) each of the 50 States; 

8 (B) a political subdivision of any such 

9 State; 

10 (C) an intrastate agency; 

11 (D) any other political agency of two or 

12 more States; 

13 (E) the District of Columbia; 

14 (F) American Samoa; 

15 (G) the Commonwealth of the Northern 

16 Mariana Islands; 

17 (H) the Commonwealth of Puerto Rico; 

18 (I) the Territory of Guam; and 

19 (J) the Virgin Islands of the United 

20 States. 

21 SEC. 3. NATIONAL HIRING STANDARDS FOR MOTOR CAR22 RIERS. 

23 (a) NATIONAL STANDARD.—Before tendering a ship24 ment, but not more than 35 days before the pickup of 

25 the shipment by the hired motor carrier, an entity shall 


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1 verify that the motor carrier, at the time of such 

2 verification— 

3 (1) is registered with and authorized by the 

4 Federal Motor Carrier Safety Administration to op5 erate as a motor carrier or household goods motor 

6 carrier, if applicable; 

7 (2) has the minimum insurance coverage re8 quired by Federal law; 

9 (3) does not have an unsatisfactory safety rat10 ing issued by the Federal Motor Carrier Safety Ad11 ministration in force; and 

12 (4) has not otherwise been ordered by the Fed13 eral Motor Carrier Safety Administration to dis14 continue operations. 

15 (b) INTENDED USE OF DATA.— 

16 (1) IN GENERAL.—Only evidence of an entity’s 

17 compliance with subsection (a) may be admitted as 

18 evidence or otherwise used in a civil action for dam19 ages resulting from a case or legal proceeding in 

20 which it is asserted or alleged that an entity’s selec21 tion or retention of a motor carrier was negligent. 

22 (2) EXCLUDED EVIDENCE.—All other motor 

23 carrier data created or maintained by the Federal 

24 Motor Carrier Safety Administration, including safe25 ty measurement system data or analysis of such 


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1 data, may not be admitted into evidence in a case 

2 or legal proceeding described in paragraph (1). 

3 SEC. 4. APPLICABILITY AND EFFECTIVE DATE. 

4 Notwithstanding any other provision of law, this Act 

5 shall apply with respect to any action commenced on or 

6 after the date of the enactment of this Act without regard 

7 to whether the harm that is the subject of the action, or 

8 the conduct that caused the harm, occurred before such 

9 date of enactment. 

Æ 


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