I 

115TH CONGRESS 

1ST SESSION H. R. 1568 

To enhance interstate commerce by creating a national hiring standard for 

motor carriers, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 16, 2017 

Mr. DUNCAN of Tennessee (for himself, Mr. RODNEY DAVIS of Illinois, Mr. 

ROUZER, and Mr. PAULSEN) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure 

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 such term is defined in section 

3 13102 of title 49, United States Code) or a 

4 consignee; 

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

6 household goods freight forwarder (as such 

7 terms are defined in section 13102 of title 49, 

8 United States Code); 

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

10 an ocean freight forwarder, or an ocean trans11 portation intermediary (as such terms are de12 fined in section 40102 of title 46, United States 

13 Code); 

14 (D) an indirect air carrier authorized to 

15 operate under a standard security program ap16 proved by the Transportation Security Adminis17 tration; 

18 (E) a customs broker licensed in accord19 ance with section 111.2 of title 19, Code of 

20 Federal Regulations; 

21 (F) an interchange motor carrier subject 

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

23 13902(i) of title 49, United States Code; or 

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

25 102(13) of the Uniform Commercial Code). 


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1 (2) MOTOR CARRIER.—The term ‘‘motor car2 rier’’ means a motor carrier or a household goods 

3 motor carrier (as such terms are defined in section 

4 13102 of title 49, United States Code) that is sub5 ject to Federal motor carrier financial responsibility 

6 and safety regulations. 

7 (3) STATE.—The term ‘‘State’’ means each of 

8 the 50 States, a political subdivision of any such 

9 State, an intrastate agency, any other political agen10 cy of two or more States, the District of Columbia, 

11 American Samoa, the Commonwealth of the North12 ern Mariana Islands, the Commonwealth of Puerto 

13 Rico, Guam, and the Virgin Islands. 

14 SEC. 3. NATIONAL HIRING STANDARDS FOR MOTOR CAR15 RIERS. 

16 (a) NATIONAL STANDARD.—Before tendering a ship17 ment, but not more than 35 days before the pickup of 

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

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

20 verification— 

21 (1) is registered with and authorized by the 

22 Federal Motor Carrier Safety Administration to op23 erate as a motor carrier or household goods motor 

24 carrier, if applicable; 


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1 (2) has the minimum insurance coverage re2 quired by Federal law; and 

3 (3) does not have an unsatisfactory safety rat4 ing issued by the Federal Motor Carrier Safety Ad5 ministration in force and has not otherwise been or6 dered by the Federal Motor Carrier Safety Adminis7 tration to discontinue operations. 

8 (b) INTENDED USE OF DATA.— 

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

10 compliance with subsection (a) may be admitted as 

11 evidence or otherwise used in a civil action for dam12 ages resulting from a case or legal proceeding in 

13 which it is asserted or alleged that an entity’s selec14 tion or retention of a motor carrier was negligent. 

15 (2) EXCLUDED EVIDENCE.—All other motor 

16 carrier data created or maintained by the Federal 

17 Motor Carrier Safety Administration, including safe18 ty measurement system data or analysis of such 

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

20 or legal proceeding described in paragraph (1). 

21 SEC. 4. APPLICABILITY AND EFFECTIVE DATE. 

22 Notwithstanding any other provision of law, this Act 

23 shall apply with respect to any action commenced on or 

24 after the date of enactment of this Act without regard to 

25 whether the harm that is the subject of the action, or the 


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1 conduct that caused the harm, occurred before such date 

2 of enactment. 

Æ 


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