I 

118TH CONGRESS 

2D SESSION H. R. 8809 

To establish a national motor carrier safety selection standard for entities 

that contract with certain motor carriers to transport goods, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 21, 2024 

Mr. STAUBER (for himself, Ms. VAN DUYNE, Mr. WILLIAMS of New York, Mr. 

MEUSER, Mr. YAKYM, and Mr. ROUZER) introduced the following bill; 

which was referred to the Committee on Transportation and Infrastructure 

A BILL 

To establish a national motor carrier safety selection standard for entities that contract with certain motor carriers 

to transport goods, 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 ‘‘Motor Carrier Safety 

5 Selection Standard Act of 2024’’. 

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

7 (a) DEFINITIONS.—In this section: 

8 (1) COVERED ENTITY.— 


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1 (A) IN GENERAL.—The term ‘‘covered en2 tity’’ means a person acting as— 

3 (i) except as provided in subparagraph 

4 (B), a shipper or consignee of goods; 

5 (ii) a broker, a freight forwarder, or a 

6 household goods freight forwarder (as 

7 those terms are defined in section 13102 

8 of title 49, United States Code); 

9 (iii) an ocean transportation inter10 mediary (as defined in section 40102 of 

11 title 46, United States Code), when ar12 ranging for inland transportation as part 

13 of an international through movement in14 volving ocean transportation between the 

15 United States and a foreign port; 

16 (iv) an indirect air carrier holding a 

17 Standard Security Program approved by 

18 the Transportation Security Administra19 tion, only to the extent that the person act20 ing as an indirect air carrier is engaging 

21 in— 

22 (I) activities as an air carrier (as 

23 defined in section 40102 of title 49, 

24 United States Code); or 


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1 (II) air commerce (as defined in 

2 that section); 

3 (v) a customs broker licensed in ac4 cordance with section 111.2 of title 19, 

5 Code of Federal Regulations (or a suc6 cessor regulation), only to the extent that 

7 the person acting as a customs broker is 

8 engaging in— 

9 (I) a movement under a customs 

10 bond; or 

11 (II) a transaction involving cus12 toms business (as defined in section 

13 111.1 of that title (or a successor reg14 ulation)); or 

15 (vi) a motor carrier registered under 

16 chapter 139 of title 49, United States 

17 Code. 

18 (B) EXCLUSION.—The term ‘‘covered enti19 ty’’ does not include a person acting as an indi20 vidual shipper. 

21 (2) COVERED MOTOR CARRIER.—The term 

22 ‘‘covered motor carrier’’ means a motor carrier or a 

23 household goods motor carrier that is subject to 

24 Federal motor carrier financial responsibility and 

25 safety regulations. 


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1 (3) HOUSEHOLD GOODS.—The term ‘‘household 

2 goods’’ has the meaning given the term in section 

3 13102 of title 49, United States Code. 

4 (4) HOUSEHOLD GOODS MOTOR CARRIER.—The 

5 term ‘‘household goods motor carrier’’ has the mean6 ing given the term in section 13102 of title 49, 

7 United States Code. 

8 (5) INDIVIDUAL SHIPPER.—The term ‘‘indi9 vidual shipper’’ has the meaning given the term in 

10 section 13102 of title 49, United States Code. 

11 (6) MOTOR CARRIER.—The term ‘‘motor car12 rier’’ has the meaning given the term in section 

13 13102 of title 49, United States Code. 

14 (7) SECRETARY.—The term ‘‘Secretary’’ means 

15 the Secretary of Transportation. 

16 (b) SELECTION STANDARD.— 

17 (1) IN GENERAL.—For any claim of negligent 

18 selection of a motor carrier against a covered entity 

19 with respect to the covered entity contracting with a 

20 covered motor carrier for the shipment of goods or 

21 household goods, the covered entity shall be consid22 ered reasonable and prudent in the selection of that 

23 covered motor carrier if, not later than the date of 

24 shipment and not earlier than 45 days before that 


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1 date, the covered entity verifies that the covered 

2 motor carrier— 

3 (A) is registered under section 13902 of 

4 title 49, United States Code, as a motor carrier 

5 or a household goods motor carrier; 

6 (B) has at least the minimum insurance 

7 coverage required by Federal and State law; 

8 and 

9 (C) has been confirmed by the Federal 

10 Motor Carrier Safety Administration, including 

11 through a public confirmation described in sub12 section (c)(1), to be in compliance with all re13 quired Federal Motor Carrier Safety Adminis14 tration safety standards to operate as a motor 

15 carrier. 

16 (2) SUNSET.—Paragraph (1) shall cease to be 

17 effective on the effective date of a regulation promul18 gated under subsection (d)(1). 

19 (c) PUBLIC CONFIRMATION.—The public confirma20 tion described in paragraph (1)(C) shall include 1 of the 

21 following statements, depending on the status of the motor 

22 carrier: 

23 (1) ‘‘This motor carrier is confirmed to meet all 

24 operating requirements of the Federal Motor Carrier 


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1 Safety Administration (FMCSA) and is authorized 

2 to operate on the nation’s roadways.’’. 

3 (2) ‘‘This motor carrier is not confirmed to op4 erate on the nation’s roadways and fails to meet 1 

5 or more requirements of the Federal Motor Carrier 

6 Safety Administration (FMCSA) to operate as a 

7 motor carrier.’’. 

8 (d) SAFETY FITNESS RULE.— 

9 (1) RULEMAKING.—Not later than 1 year after 

10 the date of enactment of this Act, the Secretary 

11 shall promulgate final regulations amending appen12 dix B to part 385 of title 49, Code of Federal Regu13 lations (or a successor regulation), to revise the 

14 methodology for issuance of motor carrier safety fit15 ness determinations. 

16 (2) CONSIDERATIONS.—In promulgating the 

17 regulations under paragraph (1), the Secretary shall 

18 consider the use of all available data to determine 

19 the fitness of a motor carrier. 

20 (3) FACTORS FOR AN UNFIT DETERMINA21 TION.—The regulations promulgated under para22 graph (1) shall provide a procedure for the Secretary 

23 to determine whether a motor carrier is not fit to 

24 operate a commercial motor vehicle in or affecting 


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1 interstate commerce in accordance with section 

2 31144 of title 49, United States Code. 

3 (4) REQUIREMENT.—The regulations promul4 gated under paragraph (1) shall include the require5 ments described in subsections (b)(1) and (c). 

6 (e) EXEMPTION FOR INDIVIDUAL SHIPPERS.—For 

7 any claim of negligent selection of a motor carrier against 

8 a person acting as an individual shipper with respect to 

9 that person contracting with a covered motor carrier for 

10 the shipment of goods or household goods, that person 

11 shall, on demonstration that the person contracted with 

12 a covered motor carrier, be considered reasonable and pru13 dent in the selection of that covered motor carrier without 

14 having to satisfy any of the requirements described in sub15 section (b)(1) (or any similar requirement in the regula16 tions promulgated under subsection (d)(1)). 

17 (f) SAVINGS CLAUSE.—Nothing in this Act preempts 

18 or supersedes any State law (including regulations) relat19 ing to drayage. 

Æ 


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