II 

114TH CONGRESS 

1ST SESSION S. 1454 

To enhance interstate commerce by creating a National Hiring Standard 

for Motor Carriers. 

IN THE SENATE OF THE UNITED STATES 

MAY 21, 2015 

Mrs. FISCHER (for herself 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. 

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’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

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

10 (A) a shipper or a consignee; 


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

2 household goods freight forwarder (as such 

3 terms are defined in section 13102 of title 49, 

4 United States Code); 

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

6 an ocean freight forwarder, or an ocean trans7 portation intermediary (as such terms are de8 fined in section 40102 of title 46, United States 

9 Code); 

10 (D) an indirect air carrier authorized to 

11 operate under a Standard Security Program ap12 proved by the Transportation Security Adminis13 tration; 

14 (E) a customs broker licensed in accord15 ance with section 111.2 of title 19, Code of 

16 Federal Regulations; 

17 (F) an interchange motor carrier subject 

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

19 13902(i); or 

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

21 102(13) of the Uniform Commercial Code). 

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

24 motor carrier (as such terms are defined in section 

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1 ject to Federal motor carrier financial responsibility 

2 and safety regulations. 

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

4 the 50 States, a political subdivision of any such 

5 State, any intrastate agency, any other political 

6 agency of 2 or more States, the District of Colum7 bia, American Samoa, the Commonwealth of the 

8 Northern Mariana Islands, the Commonwealth of 

9 Puerto Rico, Guam, and the Virgin Islands. 

10 SEC. 3. NATIONAL HIRING STANDARDS FOR MOTOR CAR11 RIERS. 

12 (a) NATIONAL STANDARD.—Before tendering a ship13 ment, but not more than 35 days before the pickup of 

14 a shipment by the hired motor carrier, an entity shall 

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

16 verification— 

17 (1) is registered with and authorized by the 

18 Federal Motor Carrier Safety Administration to op19 erate as a motor carrier or household goods motor 

20 carrier, if applicable; 

21 (2) has the minimum insurance coverage re22 quired by Federal law; and 

23 (3)(A) before the safety fitness regulations are 

24 issued pursuant to subsection (c), does not have an 

25 unsatisfactory safety fitness rating issued by the 


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1 Federal Motor Carrier Safety Administration in 

2 force at the time of such verification; or 

3 (B) after the safety fitness regulations are 

4 issued pursuant to subsection (c), does not have a 

5 safety fitness rating issued by the Federal Motor 

6 Carrier Safety Administration under such regula7 tions that is the equivalent of the unsatisfactory fit8 ness rating referred to in subparagraph (A). 

9 (b) INTENDED USE OF DATA.— 

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

11 compliance with subsection (a) may be admitted as 

12 evidence or otherwise used in a civil action for dam13 ages resulting from a claim of negligent selection or 

14 retention of such motor carrier against the entity. 

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 proceeding in which it is asserted or alleged that 

21 an entity’s selection or retention of a motor carrier 

22 was negligent. 

23 (c) RULEMAKING.— 

24 (1) IN GENERAL.—Not later than 18 months 

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1 retary of Transportation shall promulgate safety fit2 ness determination regulations that update and re3 vise the standards for establishing an unsatisfactory 

4 safety rating for motor carriers. 

5 (2) FACTORS FOR AN UNSATISFACTORY RAT6 ING.—In the regulations promulgated pursuant to 

7 paragraph (1), the Secretary shall determine if a 

8 motor carrier is not fit to operate a commercial 

9 motor vehicle in or affecting interstate commerce in 

10 accordance with section 31144 of title 49, United 

11 States Code. 

12 (d) COMPLIANCE WITH ALL SAFETY LAWS.—All 

13 commercial carriers shall comply with all applicable Fed14 eral laws pertaining to safety. 

15 SEC. 4. APPLICABILITY AND EFFECTIVE DATE. 

16 Notwithstanding any other provision of law, this Act 

17 shall apply with respect to any action commenced on or 

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

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

20 the conduct that caused the harm, occurred before such 

21 date of enactment. 

Æ 


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