II 

Calendar No. 227 

112TH CONGRESS 

1ST SESSION S. 453 

[Report No. 112–93] 

To improve the safety of motorcoaches, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 2, 2011 

Mr. BROWN of Ohio (for himself, Mrs. HUTCHISON, Mr. SCHUMER, Mrs. 

GILLIBRAND, Mr. LAUTENBERG, Mr. BLUMENTHAL, Mr. ROCKEFELLER, 

and Mr. WEBB) introduced the following bill; which was read twice and 

referred to the Committee on Commerce, Science, and Transportation 

NOVEMBER 9, 2011 

Reported by Mr. ROCKEFELLER, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To improve the safety of motorcoaches, 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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Motorcoach Enhanced Safety Act of 2011’’. 


tjames on DSK6SPTVN1PROD with BILLS
2 

•S 453 RS

1 (b) TABLE OF CONTENTS.—The table of contents for 

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

Sec. 3. Regulations for improved occupant protection and motorcoach crash 

avoidance. 

Sec. 4. Standards for improved fire safety. 

Sec. 5. Occupant protection and collision avoidance research. 

Sec. 6. New entrants. 

Sec. 7. Reincarnated motor carriers. 

Sec. 8. Improved oversight of providers of motorcoach services and of other motorcoach carriers of passengers. 

Sec. 9. Motorcoach driver training. 

Sec. 10. Improved testing for the commercial driver’s license passenger endorsement. 

Sec. 11. Improved physical fitness oversight and commercial driver medical certificates. 

Sec. 12. Safety and enforcement technology for motorcoaches. 

Sec. 13. Safety inspection program for commercial motor vehicles of passengers. 

Sec. 14. Distracted driving. 

Sec. 15. Motorcoach rental or leasing companies. 

Sec. 16. Regulations. 

3 SEC. 2. DEFINITIONS. 

4 In this Act: 

5 (1) ADVANCED GLAZING.—The term ‘‘advanced 

6 glazing’’ means glazing installed in a portal on the 

7 side or the roof of a motorcoach that is designed to 

8 be highly resistant to partial or complete occupant 

9 ejection in all types of motor vehicle crashes. 

10 (2) BUS.—The term ‘‘bus’’ has the meaning 

11 given such term in section 571.3(b) of title 49, Code 

12 of Federal Regulations (as in effect on the day be13 fore the date of enactment of this Act). 

14 (3) COMMERCIAL MOTOR VEHICLE.—Except as 

15 otherwise specified, the term ‘‘commercial motor veVerDate Mar 15 2010 23:54 Nov 09, 2011 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6401 E:\BILLS\S453.RS S453

tjames on DSK6SPTVN1PROD with BILLS
3 

•S 453 RS

1 hicle’’ has the meaning given such term in section 

2 31132(1) of title 49, United States Code. 

3 (4) DIRECT TIRE PRESSURE MONITORING SYS4 TEM.—The term ‘‘direct tire pressure monitoring 

5 system’’ means a tire pressure monitoring system 

6 (as defined in section 571.138 of title 49, Code of 

7 Federal Regulations), that is capable of directly de8 tecting when the air pressure level in any tire is sig9 nificantly under-inflated and immediately providing 

10 the driver a low tire pressure warning as to which 

11 specific tire is significantly under-inflated. 

12 (5) ELECTRONIC ON-BOARD RECORDER.—The 

13 term ‘‘electronic on-board recorder’’ means an elec14 tronic device that acquires and stores data showing 

15 the record of duty status of the vehicle operator and 

16 performs the functions required of an automatic on17 board recording device in section 395.15(b) of title 

18 49, Code of Federal Regulations. 

19 (6) EVENT DATA RECORDER.—The term ‘‘event 

20 data recorder’’ has the meaning given that term in 

21 section 563.5 of title 49, Code of Federal Regula22 tions. 

23 (7) MOTOR CARRIER.—The term ‘‘motor car24 rier’’ means— 


tjames on DSK6SPTVN1PROD with BILLS
4 

•S 453 RS

1 (A) a motor carrier (as defined in section 

2 13102(14) of title 49, United States Code); or 

3 (B) a motor private carrier (as defined in 

4 section 13102(15) of such title). 

5 (8) MOTORCOACH.—The term ‘‘motorcoach’’ 

6 has the meaning given the term ‘‘over-the-road bus’’ 

7 in section 3038(a)(3) of the Transportation Equity 

8 Act for the 21st Century (Public Law 105–178; 49 

9 U.S.C. 5310 note), but does not include— 

10 (A) buses used in public transportation 

11 provided by a State or local government; or 

12 (B) school buses, including multifunction 

13 school activity buses. 

14 (9) MOTORCOACH SERVICES.—The term ‘‘mo15 torcoach services’’ means passenger transportation 

16 by motorcoach for compensation. 

17 (10) MULTIFUNCTION SCHOOL ACTIVITY

18 BUSES.—The term ‘‘multifunction school activity 

19 buses’’ has the meaning given such term in section 

20 571.3(b) of title 49, Code of Federal Regulations (as 

21 in effect on the day before the date of the enactment 

22 of this Act). 

23 (11) PORTAL.—The term ‘‘portal’’ means any 

24 opening on the front, sides, rear, or roof of a motor25 coach that could, in the event of a crash involving 


tjames on DSK6SPTVN1PROD with BILLS
5 

•S 453 RS

1 the motorcoach, permit the partial or complete ejec2 tion of any occupant from the motorcoach, including 

3 a young child. 

4 (12) PROVIDER OF MOTORCOACH SERVICES.— 

5 The term ‘‘provider of motorcoach services’’ means 

6 a motor carrier that provides passenger transpor7 tation services with a motorcoach, including per-trip 

8 compensation and contracted or chartered com9 pensation. 

10 (13) PUBLIC TRANSPORTATION.—The term 

11 ‘‘public transportation’’ has the meaning given such 

12 term in section 5302(a)(10) of title 49, United 

13 States Code. 

14 (14) SAFETY BELT.—The term ‘‘safety belt’’ 

15 has the meaning given such term in section 

16 153(i)(4)(B) of title 23, United States Code. 

17 (15) SECRETARY.—The term ‘‘Secretary’’ 

18 means the Secretary of Transportation. 

19 SEC. 3. REGULATIONS FOR IMPROVED OCCUPANT PROTEC20 TION AND MOTORCOACH CRASH AVOIDANCE. 

21 (a) REGULATIONS REQUIRED WITHIN 1 YEAR.—Not 

22 later than 1 year after the date of the enactment of this 

23 Act, the Secretary shall prescribe the following regula24 tions: 


tjames on DSK6SPTVN1PROD with BILLS
6 

•S 453 RS

1 (1) SAFETY BELTS.—The Secretary shall re2 quire safety belts to be installed in motorcoaches at 

3 each designated seating position. 

4 (2) ROOF STRENGTH AND CRUSH RESIST5 ANCE.—The Secretary shall establish improved roof 

6 standards for motorcoaches that substantially im7 prove the resistance of motorcoach roofs to deforma8 tion and intrusion to prevent serious occupant injury 

9 in rollover crashes involving motorcoaches. 

10 (3) ANTI-EJECTION SAFETY COUNTER11 MEASURES.—The Secretary shall require advanced 

12 glazing to be installed in each motorcoach portal to 

13 prevent partial or complete ejection of passengers of 

14 motorcoaches, including such passengers that are 

15 children. 

16 (4) ROLLOVER CRASH AVOIDANCE.—The Sec17 retary shall require motorcoaches to be equipped 

18 with stability enhancing technology, such as elec19 tronic stability control, or torque vectoring, to re20 duce the number and frequency of rollover crashes 

21 among motorcoaches. 

22 (5) FIREFIGHTING EQUIPMENT.—The Secretary 

23 shall require the installation in motorcoaches of im24 proved fire extinguishers or other readily available 

25 firefighting equipment for the purpose of effectively 


tjames on DSK6SPTVN1PROD with BILLS
7 

•S 453 RS

1 extinguishing fires in motorcoaches to prevent pas2 senger deaths and injuries. 

3 (b) REGULATIONS REQUIRED WITHIN 2 YEARS.— 

4 Not later than 2 years after the date of enactment of this 

5 Act, the Secretary shall prescribe the following commercial 

6 motor vehicle tire regulations: 

7 (1) COMMERCIAL MOTOR VEHICLE TIRE PRES8 SURE MONITORING SYSTEMS.— 

9 (A) IN GENERAL.—The Secretary shall 

10 prescribe regulations that require motorcoaches 

11 to be equipped with direct tire pressure moni12 toring systems that warn the operator of a com13 mercial motor vehicle when any tire exhibits a 

14 level of air pressure that is below a specified 

15 level of air pressure established by the Sec16 retary. 

17 (B) PERFORMANCE REQUIREMENTS.—The 

18 regulations prescribed by the Secretary under 

19 this section shall include performance require20 ments to ensure that direct tire pressure moni21 toring systems are capable of performing— 

22 (i) at all times when the ignition lock23 ing system is in the ‘‘On’’ position; 

24 (ii) at all vehicle speeds; 

25 (iii) on all road surfaces; 


tjames on DSK6SPTVN1PROD with BILLS
8 

•S 453 RS

1 (iv) during all weather conditions; and 

2 (v) after a repair or other service is 

3 performed on a tire. 

4 (2) TIRE PERFORMANCE STANDARD.—The Sec5 retary shall upgrade performance standards for tires 

6 used on motorcoaches, including an enhanced endur7 ance test and a new high-speed performance test. 

8 (c) APPLICATION OF REGULATIONS.— 

9 (1) NEW MOTORCOACHES.—Any regulation pre10 scribed pursuant to subsection (a) or (b) shall apply 

11 to all motorcoaches that are manufactured more 

12 than 2 years after the date on which the regulation 

13 is published as a final rule. 

14 (2) RETROFIT REQUIREMENTS FOR EXISTING

15 MOTORCOACHES.—The Secretary may, by regula16 tion, provide for the application of any requirement 

17 established under this section to motorcoaches man18 ufactured before the date on which the requirement 

19 applies to new motorcoaches under paragraph (1) 

20 based on an assessment of the feasibility, benefits, 

21 and costs of retrofitting the older motorcoaches. The 

22 Secretary shall complete an assessment with respect 

23 to safety belt retrofits not later than 2 years after 

24 the date of the enactment of this Act. 


tjames on DSK6SPTVN1PROD with BILLS
9 

•S 453 RS

1 SEC. 4. STANDARDS FOR IMPROVED FIRE SAFETY. 

2 (a) EVALUATIONS.—Not later than 18 months after 

3 the date of the enactment of this Act, the Secretary shall 

4 complete an evaluation of the following: 

5 (1) FLAMMABILITY STANDARD FOR EXTERIOR

6 COMPONENTS.—The Secretary shall examine the 

7 feasibility of establishing requirements for fire hard8 ening or fire resistance of motorcoach exterior com9 ponents to prevent fire and smoke inhalation injuries 

10 to occupants. 

11 (2) SMOKE SUPPRESSION.—The Secretary shall 

12 review Federal motor vehicle safety standard num13 ber 302 (49 CFR 571.302; relating to flammability 

14 of interior materials) to consider more realistic tests 

15 to improve the resistance of motorcoach interiors 

16 and components to burning, prevent inhalation by 

17 passengers of toxic smoke and vapors, and permit 

18 sufficient time for the safe evacuation of passengers 

19 from motorcoaches. 

20 (3) PREVENTION OF, AND RESISTANCE TO, 

21 WHEEL WELL FIRES.—The Secretary shall assess 

22 technologies to prevent and mitigate the propagation 

23 of wheel well fires into the passenger compartment 

24 and substantially reduce occupant deaths and inju25 ries from such fires. 


tjames on DSK6SPTVN1PROD with BILLS
10 

•S 453 RS

1 (4) PASSENGER EVACUATION.—The Secretary 

2 shall evaluate requirements for motorcoaches to be 

3 equipped with the following: 

4 (A) IMPROVED EMERGENCY EVACUATION

5 DESIGNS.—Improved emergency exit window, 

6 door, roof hatch, and wheelchair lift door de7 signs to expedite access and use by passengers 

8 of motorcoaches under all emergency cir9 cumstances, including crashes and fires. 

10 (B) EMERGENCY INTERIOR LIGHTING.— 

11 Emergency interior lighting systems, including 

12 luminescent or retroreflectorized delineation of 

13 evacuation paths and exits, that are triggered 

14 by a crash or other emergency incidents to ac15 complish more rapid and effective evacuation of 

16 passengers. 

17 (5) AUTOMATIC FIRE SUPPRESSION.—The Sec18 retary shall evaluate requirements for motorcoaches 

19 to be equipped with highly effective fire suppression 

20 systems that automatically respond to and suppress 

21 all fires in such motorcoaches. 

22 (b) PERFORMANCE REQUIREMENTS.—Not later than 

23 3 years after the date of the enactment of this Act, the 

24 Secretary shall issue performance requirements for imVerDate Mar 15 2010 23:54 Nov 09, 2011 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6401 E:\BILLS\S453.RS S453

tjames on DSK6SPTVN1PROD with BILLS
11 

•S 453 RS

1 proved fire safety and passenger evacuation based on the 

2 results of the evaluations conducted under subsection (a). 

3 SEC. 5. OCCUPANT PROTECTION AND COLLISION AVOID4 ANCE RESEARCH. 

5 (a) SAFETY RESEARCH INITIATIVES.—Not later than 

6 2 years after the date of the enactment of this Act, the 

7 Secretary shall complete research on the following: 

8 (1) COMPARTMENTALIZATION SAFETY COUN9 TERMEASURES.—Enhanced compartmentalization 

10 safety countermeasures for motorcoaches, including 

11 enhanced seating designs, to reduce substantially the 

12 risk of passengers being thrown from their seats and 

13 colliding with other passengers, interior surfaces, 

14 and components in the event of a crash involving a 

15 motorcoach. 

16 (2) INTERIOR IMPACT PROTECTION.—Enhanced 

17 occupant impact protection standards for motor18 coach interiors to reduce substantially serious inju19 ries for all passengers of motorcoaches. 

20 (3) COLLISION AVOIDANCE SYSTEMS.—Forward 

21 and lateral crash warning systems applications for 

22 motorcoaches. 

23 (b) STANDARDS AND REGULATIONS.—Not later than 

24 2 years after the completion of each research initiative re25 quired under subsection (a), the Secretary shall prescribe 


tjames on DSK6SPTVN1PROD with BILLS
12 

•S 453 RS

1 a standard or regulation based on the results of that re2 search. 

3 SEC. 6. NEW ENTRANTS. 

4 (a) REGISTRATION REQUIREMENTS.—Section 

5 13902(b) of title 49, United States Code, is amended— 

6 (1) by redesignating paragraphs (1) through 

7 (8) as paragraphs (2) through (9), respectively; and 

8 (2) by inserting before paragraph (2), as redes9 ignated, the following: 

10 ‘‘(1) ADDITIONAL REGISTRATION REQUIRE11 MENTS FOR PROVIDERS OR MOTORCOACH SERV12 ICES.—In addition to meeting the requirements 

13 under subsection (a)(1), the Secretary may register 

14 a person to provide motorcoach services only after 

15 that person— 

16 ‘‘(A) undergoes a pre-authorization safety 

17 audit, including verification, in a manner suffi18 cient to demonstrate the ability to comply with 

19 Federal rules and regulations, of— 

20 ‘‘(i) a drug and alcohol testing pro21 gram consistent with part 40 of title 49, 

22 Code of Federal Regulations; 

23 ‘‘(ii) the carrier’s system of compli24 ance with hours-of-service rules, including 

25 hours-of-service records; 


tjames on DSK6SPTVN1PROD with BILLS
13 

•S 453 RS

1 ‘‘(iii) the ability to obtain required in2 surance; 

3 ‘‘(iv) driver qualifications, including 

4 the validity of the commercial driver’s li5 cense of each driver who will be operating 

6 under such authority; 

7 ‘‘(v) disclosure of common ownership, 

8 common control, common management, 

9 common familial relationship, or other cor10 porate relationship with another motor car11 rier or applicant for motor carrier author12 ity during the most recent 3 years; 

13 ‘‘(vi) records of the State inspections, 

14 or of a Level I or Level V Commercial Ve15 hicle Safety Alliance Inspection, for all ve16 hicles that will be operated by the carrier; 

17 ‘‘(vii) safety management programs, 

18 including vehicle maintenance and repair 

19 programs; and 

20 ‘‘(viii) the ability to comply with the 

21 Americans with Disabilities Act of 1990 

22 (42 U.S.C. 12101 et seq.) and the Over23 the-Road Bus Transportation Accessibility 

24 Act of 2007 (49 U.S.C. 10101 note); 


tjames on DSK6SPTVN1PROD with BILLS
14 

•S 453 RS

1 ‘‘(B) has been interviewed to review safety 

2 management controls and the carrier’s written 

3 safety oversight policies and practices; and 

4 ‘‘(C) has demonstrated, through the suc5 cessful completion of a written examination de6 veloped by the Secretary, proficiency to comply 

7 with and carry out the requirements and regu8 lations described in subsection (a)(1).’’. 

9 (b) SAFETY REVIEWS OF NEW OPERATORS.—Section 

10 31144(g)(1) of title 49, United States Code, is amended 

11 to read as follows: 

12 ‘‘(1) SAFETY REVIEW.— 

13 ‘‘(A) IN GENERAL.—The Secretary shall 

14 require, by regulation, each owner and each op15 erator granted new registration under section 

16 13902 to undergo a safety review not later than 

17 18 months after the date on which the owner 

18 or operator, as the case may be, begins oper19 ations under such registration. 

20 ‘‘(B) PROVIDERS OF MOTORCOACH SERV21 ICES.—Safety reviews of owners and operators 

22 registered as providers of motorcoach services 

23 shall be conducted not later than 9 months 

24 after the owner or operator, as the case may be, 

25 begins operations under such registration. 


tjames on DSK6SPTVN1PROD with BILLS
15 

•S 453 RS

1 ‘‘(2) PRE-AUTHORIZATION SAFETY AUDIT.— 

2 The pre-authorization safety audit required under 

3 paragraph (1)(A) shall be completed on-site not later 

4 than 90 days after the submission of an application 

5 for operating authority.’’. 

6 (c) EFFECTIVE DATE.—The amendments made by 

7 this section shall take effect on the date that is 1 year 

8 after the date of the enactment of this Act. 

9 SEC. 7. REINCARNATED MOTOR CARRIERS. 

10 (a) DENIAL, SUSPENSION, AMENDMENT, OR REV11 OCATION OF REGISTRATION.—Section 13905(d) of title 

12 49, United States Code, is amended— 

13 (1) in paragraph (1)— 

14 (A) by striking ‘‘On application’’ and in15 serting the following: 

16 ‘‘(A) REGISTRANT APPLICATION.—On ap17 plication’’; 

18 (B) by striking ‘‘On complaint’’ and insert19 ing the following: 

20 ‘‘(B) COMPLAINT.—On complaint’’; 

21 (C) by striking ‘‘the Secretary may (A) 

22 suspend,’’ and inserting the following: ‘‘the Sec23 retary may— 

24 ‘‘(i) suspend’’; 


tjames on DSK6SPTVN1PROD with BILLS
16 

•S 453 RS

1 (D) by striking ‘‘registration; and (B) sus2 pend’’ and inserting the following ‘‘registration; 

3 ‘‘(ii) suspend’’; 

4 (E) by striking ‘‘freight forwarder: (i) for 

5 failure’’ and inserting the following: ‘‘freight 

6 forwarder for— 

7 ‘‘(I) failure’’; 

8 (F) by striking ‘‘title; or (ii) for failure’’ 

9 and inserting the following: ‘‘title; or— 

10 ‘‘(II) failure’’; and 

11 (G) by striking ‘‘penalty. Subparagraph 

12 (B) shall not apply’’ and inserting the following: 

13 ‘‘penalty; and 

14 ‘‘(iii) deny, suspend, amend, or revoke 

15 all or part of a registration of a motor car16 rier following a determination by the Sec17 retary that the motor carrier failed to dis18 close in its application for registration a 

19 material fact relevant to its willingness and 

20 ability to comply with— 

21 ‘‘(I) this part; 

22 ‘‘(II) an applicable regulation or 

23 order of the Secretary or the Board; 

24 or 


tjames on DSK6SPTVN1PROD with BILLS
17 

•S 453 RS

1 ‘‘(III) a condition of its registra2 tion. 

3 ‘‘(C) EXCEPTION.—Subparagraph (B)(ii) 

4 shall not apply’’; and 

5 (2) in paragraph (2), by striking ‘‘paragraph 

6 (1)(B)’’ and inserting ‘‘paragraph (1)(B)(ii)’’. 

7 (b) PROCEDURE.—Section 13905(e)(1) of such title 

8 is amended by striking ‘‘registrant’’ and inserting ‘‘reg9 istrant, or if the Secretary determines that the registrant 

10 has failed to disclose a material fact in its application for 

11 registration in accordance with subsection (d)(1)(B)(iii),’’. 

12 (c) DUTIES OF EMPLOYERS AND EMPLOYEES.—Sec13 tion 31135 of such title is amended— 

14 (1) by redesignating subsection (d) as sub15 section (e); and 

16 (2) by inserting after subsection (c) the fol17 lowing: 

18 ‘‘(d) AVOIDING COMPLIANCE.— 

19 ‘‘(1) PROHIBITED ACTIONS.—Two or more em20 ployers may not use common ownership, common 

21 management, common control, or common familial 

22 relationship to enable any or all such employers to 

23 avoid compliance, or mask or otherwise conceal non24 compliance, or a history of noncompliance, with com25 mercial motor vehicle safety regulations issued under 


tjames on DSK6SPTVN1PROD with BILLS
18 

•S 453 RS

1 this subchapter, chapter 315, or an order of the Sec2 retary issued under this subchapter, chapter 315, or 

3 such regulations. 

4 ‘‘(2) CIVIL PENALTIES.—If the Secretary deter5 mines that an employer has engaged in any of the 

6 prohibited actions described in paragraph (1), the 

7 Secretary shall— 

8 ‘‘(A) deny, suspend, amend, or revoke all 

9 or part of any such employer’s registration 

10 under section 13905; and 

11 ‘‘(B) take into account such noncompliance 

12 for purposes of determining the amount of the 

13 civil penalty to be assessed under section 

14 521(b)(2)(D).’’. 

15 SEC. 8. IMPROVED OVERSIGHT OF PROVIDERS OF MOTOR16 COACH SERVICES AND OTHER MOTORCOACH 

17 CARRIERS OF PASSENGERS. 

18 (a) IN GENERAL.—Section 31144 of title 49, United 

19 States Code, is amended by adding at the end the fol20 lowing: 

21 ‘‘(h) PERIODIC SAFETY REVIEWS OF PROVIDERS OF

22 MOTORCOACH SERVICES.— 

23 ‘‘(1) SAFETY REVIEW.—Not later than 3 years 

24 after the date of the enactment of the Motorcoach 

25 Enhanced Safety Act of 2011, the Secretary shall— 


tjames on DSK6SPTVN1PROD with BILLS
19 

•S 453 RS

1 ‘‘(A) determine the safety fitness of each 

2 provider of motorcoach services registered with 

3 the Federal Motor Carrier Safety Administra4 tion; and 

5 ‘‘(B) assign a safety fitness rating to each 

6 such provider. 

7 ‘‘(2) PERIODIC REVIEW.—The Secretary shall 

8 establish a process, by regulation, for monitoring the 

9 safety performance of each provider of motorcoach 

10 services on a regular basis following the assignment 

11 of a safety fitness rating, including progressive inter12 vention to correct unsafe practices. 

13 ‘‘(3) ENFORCEMENT STRIKE FORCES.—In addi14 tion to the enhanced monitoring and enforcement ac15 tions required under paragraph (2), the Secretary 

16 may organize special enforcement strike forces tar17 geting providers of motorcoach services, when and 

18 where the Secretary considers appropriate. 

19 ‘‘(4) PERIODIC UPDATE OF SAFETY FITNESS

20 RATING.—As part of the safety review required by 

21 this subsection, the Secretary shall reassess such 

22 rating not less frequently than every 3 years. 

23 ‘‘(5) PROVIDER OF MOTORCOACH SERVICES DE24 FINED.—In this subsection, the term ‘provider of 

25 motorcoach services’ has the meaning given such 


tjames on DSK6SPTVN1PROD with BILLS
20 

•S 453 RS

1 term in section 2 of the Motorcoach Enhanced Safe2 ty Act of 2011.’’. 

3 (b) REVISION OF SAFETY FITNESS RATING METH4 ODOLOGY.—Not later than 1 year after the date of the 

5 enactment of this Act, the Secretary shall revise the safety 

6 fitness rating methodology of the Department of Trans7 portation established pursuant to section 31144 of title 

8 49, United States Code, to meet the goals of the safety 

9 recommendation H–99–6 of the National Transportation 

10 Safety Board, issued on February 26, 1999. 

11 (c) HIGH RISK CARRIER COMPLIANCE REVIEWS.— 

12 The second sentence of section 4138 of Public Law 109– 

13 59 (49 U.S.C. 31144 note) is amended by striking ‘‘is 

14 rated as category A or B for 2 consecutive months.’’ and 

15 inserting ‘‘meets the Safety Measurement System criteria 

16 for being a high risk motor carrier for 2 consecutive 

17 months.’’. 

18 SEC. 9. MOTORCOACH DRIVER TRAINING. 

19 (a) ESTABLISHMENT OF TRAINING CURRICULUM.— 

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

21 after the date of the enactment of this Act, the Sec22 retary shall establish, by regulation, minimum cur23 ricular requirements for entry-level drivers of 

24 motorcoaches and drivers upgrading from 1 class of 

25 commercial driver’s license to another class, to be 


tjames on DSK6SPTVN1PROD with BILLS
21 

•S 453 RS

1 adopted by public and private schools and motor 

2 carriers and motorcoach operators that provide 

3 training for such drivers. 

4 (2) CURRICULAR REQUIREMENTS.—The cur5 ricular requirements under paragraph (1) shall in6 clude— 

7 (A) classroom and behind-the-wheel in8 struction that is adequate for training entry9 level drivers of motorcoaches and drivers up10 grading from 1 class of commercial driver’s li11 cense to another class to safely operate 

12 motorcoaches and respond effectively to emer13 gency situations; and 

14 (B) instruction in advanced knowledge and 

15 skills that are necessary to operate 

16 motorcoaches safely, including knowledge and 

17 skills necessary— 

18 (i) to suppress motorcoach fires; and 

19 (ii) to evacuate passengers from 

20 motorcoaches safely. 

21 (b) TRAINING REQUIRED.— 

22 (1) IN GENERAL.—The Secretary shall require 

23 each motorcoach driver seeking a commercial driv24 er’s license passenger endorsement to undergo a 

25 training program that includes the minimum curVerDate Mar 15 2010 23:54 Nov 09, 2011 Jkt 019200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6401 E:\BILLS\S453.RS S453

tjames on DSK6SPTVN1PROD with BILLS
22 

•S 453 RS

1 ricular requirements established under subsection (a) 

2 before taking a test for a commercial driver’s license 

3 passenger endorsement. 

4 (2) CERTIFICATE REQUIRED.—The Secretary 

5 shall require that— 

6 (A) each trainer of a driver seeking a com7 mercial driver’s license passenger endorsement 

8 to issue a certificate to the trainee and the ap9 propriate State licensing authority certifying 

10 that the trainee has completed a motorcoach 

11 driver training course that includes the cur12 ricular requirements established under sub13 section (a); 

14 (B) each driver seeking to take the test for 

15 the commercial driver’s license passenger en16 dorsement to present the certificate to a State 

17 licensing authority; 

18 (C) the State licensing authority to com19 pare the certificate presented by the applicant 

20 with the certificate provided by the driver train21 ing school; and 

22 (D) the State licensing authority to refuse 

23 to administer the test if the certificates are not 

24 the same. 


tjames on DSK6SPTVN1PROD with BILLS
23 

•S 453 RS

1 (c) REPORT ON FEASIBILITY, BENEFITS, AND COSTS

2 OF ESTABLISHING A SYSTEM OF CERTIFICATION OF

3 TRAINING PROGRAMS.—Not later than 2 years after the 

4 date of the enactment of this Act, the Secretary shall sub5 mit a report to the Committee on Commerce, Science, and 

6 Transportation of the Senate and the Committee on En7 ergy and Commerce of the House of Representatives that 

8 describes the feasibility, benefits, and costs of establishing 

9 a system of certification of public and private schools and 

10 of motor carriers and motorcoach operators that provide 

11 motorcoach driver training, in accordance with the cur12 ricular requirements established by the Secretary under 

13 subsection (a). 

14 SEC. 10. IMPROVED TESTING FOR THE COMMERCIAL DRIV15 ER’S LICENSE PASSENGER ENDORSEMENT. 

16 (a) INCREASED STRINGENCY OF EXAMINATION FOR

17 COMMERCIAL DRIVER’S LICENSE PASSENGER-CARRYING

18 ENDORSEMENT.— 

19 (1) FINAL RULE.—Not later than 6 months 

20 after the date of the enactment of this Act, the Sec21 retary, after consultation with the American Associa22 tion of Motor Vehicle Administrators, shall issue a 

23 final rule in Docket No. FMCSA 2007–27659: Com24 mercial Driver’s License Testing and Commercial 

25 Learner’s Permit Standards that improves the qualVerDate Mar 15 2010 23:54 Nov 09, 2011 Jkt 019200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6401 E:\BILLS\S453.RS S453

tjames on DSK6SPTVN1PROD with BILLS
24 

•S 453 RS

1 ity and stringency of the examination for the com2 mercial driver’s license passenger-carrying endorse3 ment. 

4 (2) REQUIREMENTS.—The final rule issued 

5 under paragraph (1) shall require— 

6 (A) a more stringent knowledge test than 

7 the test in effect on the day before the date of 

8 the enactment of this Act; and 

9 (B) a more stringent examination of the 

10 driving skills necessary to operate safely a for11 hire passenger-carrying commercial motor vehi12 cle than the examination of such skills in effect 

13 on the day before the date of the enactment of 

14 this Act. 

15 (b) MODIFICATION OF REQUIREMENTS FOR COM16 MERCIAL DRIVER’S LICENSE PASSENGER-CARRYING EN17 DORSEMENT.—The Secretary shall require, by regulation, 

18 that any driver who transports not fewer than 9 and not 

19 more than 15 passengers (including the driver) in inter20 state commerce through the operation of a commercial 

21 motor vehicle (as defined in section 31301(4) of title 49, 

22 United States Code)— 

23 (1) has a commercial driver’s license passenger24 carrying endorsement; and 


tjames on DSK6SPTVN1PROD with BILLS
25 

•S 453 RS

1 (2) has been tested in accordance with a drug 

2 and alcohol testing program that is consistent with 

3 part 40 of title 49, Code of Federal Regulations. 

4 SEC. 11. IMPROVED PHYSICAL FITNESS OVERSIGHT AND 

5 COMMERCIAL DRIVER MEDICAL CERTIFI6 CATES. 

7 (a) MEDICAL REVIEW BOARD FUNCTIONS.—Section 

8 31149(a)(1) of title 49, United States Code, is amended— 

9 (1) by striking ‘‘recommendations on medical 

10 standards’’ and inserting the following: ‘‘rec11 ommendations concerning— 

12 ‘‘(A) medical standards’’; and 

13 (2) by striking ‘‘medical research.’’ and insert14 ing the following: ‘‘medical research; and 

15 ‘‘(B) the criteria to be used for evaluating 

16 medical examiners for admission to the national 

17 registry established under subsection (d).’’. 

18 (b) EXAMINATION REQUIREMENTS FOR LISTING IN

19 THE NATIONAL REGISTRY OF MEDICAL EXAMINERS.— 

20 Section 31149(c)(1)(D) of such title is amended to read 

21 as follows: 

22 ‘‘(D) develop requirements applicable to a 

23 medical examiner seeking to be listed in the na24 tional registry, including— 


tjames on DSK6SPTVN1PROD with BILLS
26 

•S 453 RS

1 ‘‘(i) specific courses and materials 

2 that must be completed to be listed in the 

3 national registry; 

4 ‘‘(ii) a rigorous written examination 

5 for which a passing grade must be 

6 achieved to be listed in the national reg7 istry; 

8 ‘‘(iii) certification (including self-cer9 tification), as appropriate, to verify that 

10 the medical examiner has completed train11 ing, including refresher courses, that the 

12 Secretary determines are necessary to be 

13 listed in the national registry; and 

14 ‘‘(iv) demonstration of the willingness 

15 and ability of a medical examiner to com16 ply with any reporting requirements estab17 lished by the Secretary;’’. 

18 (c) MEDICAL EXAMINATION FORM COMPARISONS.— 

19 Not later than 18 months after the date of the enactment 

20 of this Act, the Secretary shall prescribe a regulation that 

21 requires any medical examiner who performs a medical ex22 amination to certify an applicant for a commercial driver’s 

23 license under section 391.43 of title 49, Code of Federal 

24 Regulations, to submit the form for such examination re25 quired under subsection (f) of such section (as in effect 


tjames on DSK6SPTVN1PROD with BILLS
27 

•S 453 RS

1 on the day before the date of the enactment of this Act) 

2 to the appropriate State licensing agency. 

3 (d) STATE PLAN REQUIREMENT.—Section 31102(b) 

4 of title 49, United States Code, is amended— 

5 (1) in subparagraph (W), by striking ‘‘and’’ at 

6 the end; 

7 (2) in subparagraph (X), by striking the period 

8 at the end and inserting ‘‘; and’’; and 

9 (3) by adding at the end the following: 

10 ‘‘(Y) requires State licensing authorities to 

11 compare the forms they receive pursuant to the 

12 regulation prescribed under section 11(c) of the 

13 Motorcoach Enhanced Safety Act of 2011 with 

14 the medical examiner’s certificate required 

15 under section 391.43(g) of title 49, Code of 

16 Federal Regulations (as in effect on the day be17 fore the date of the enactment of that Act), to 

18 determine the accuracy and validity of the in19 formation contained in such forms and certifi20 cates.’’. 

21 (e) ADDITIONAL OVERSIGHT OF LICENSING AU22 THORITIES.— 

23 (1) IN GENERAL.—Section 31149(c)(1) of title 

24 49, United States Code, is amended— 


tjames on DSK6SPTVN1PROD with BILLS
28 

•S 453 RS

1 (A) in subparagraph (E), by striking 

2 ‘‘and’’ at the end; 

3 (B) in subparagraph (F), by striking the 

4 period at the end and inserting ‘‘; and’’; and 

5 (C) by adding at the end the following: 

6 ‘‘(G) annually review the licensing authori7 ties of 10 States to assess the accuracy, valid8 ity, and timeliness of physical examination re9 ports and medical certificates submitted by cer10 tified medical examiners to such State licensing 

11 agencies and the processing of such submissions 

12 by the licensing authorities.’’. 

13 (2) INTERNAL OVERSIGHT POLICY.— 

14 (A) IN GENERAL.—Not later than 1 year 

15 after the date of the enactment of this Act, the 

16 Secretary shall establish an oversight policy and 

17 process within the Department of Transpor18 tation for purposes of carrying out section 

19 31149(c)(1)(G) of title 49, United States Code, 

20 as added by paragraph (1)(C). 

21 (B) EFFECTIVE DATE.—Section 

22 31149(c)(1)(G) of title 49, United States Code, 

23 as added by paragraph (1)(C), shall take effect 

24 on the date on which the oversight policies and 


tjames on DSK6SPTVN1PROD with BILLS
29 

•S 453 RS

1 processes are established pursuant to subpara2 graph (A). 

3 (f) DEADLINE FOR ESTABLISHMENT OF NATIONAL

4 REGISTRY OF MEDICAL EXAMINERS.—Not later than 6 

5 months after the date of the enactment of this Act, the 

6 Secretary shall establish a national registry of medical ex7 aminers as required under section 31149(d)(1) of title 49, 

8 United States Code. 

9 SEC. 12. SAFETY AND ENFORCEMENT TECHNOLOGY FOR 

10 MOTORCOACHES. 

11 (a) ELECTRONIC ON-BOARD RECORDERS.— 

12 (1) IN GENERAL.—Not later than 1 year after 

13 the date of the enactment of this Act, the Secretary 

14 shall prescribe regulations requiring that all 

15 motorcoaches used by any motor carrier in interstate 

16 commerce be equipped with electronic on-board re17 corders. 

18 (2) PERFORMANCE REQUIREMENTS.—The regu19 lations prescribed by the Secretary under paragraph 

20 (1) shall include performance requirements to ensure 

21 that electronic on-board recorders— 

22 (A) accurately record commercial driver 

23 hours of service; 

24 (B) allow tracking of driver and vehicle lo25 cation; and 


tjames on DSK6SPTVN1PROD with BILLS
30 

•S 453 RS

1 (C) are tamper resistant. 

2 (3) EFFECTIVE DATE.—The regulations pre3 scribed under this subsection shall— 

4 (A) take effect on the date that is 2 years 

5 after the date on which the regulation is pub6 lished as a final rule; and 

7 (B) apply to all motorcoaches described in 

8 paragraph (1). 

9 (b) EVENT DATA RECORDERS.— 

10 (1) EVALUATION.—Not later than 1 year after 

11 the date of the enactment of this Act, the Secretary 

12 shall complete an evaluation of event data recorders, 

13 including requirements regarding specific types of 

14 vehicle operations, events and incidents, and systems 

15 information to be recorded, for event data recorders 

16 to be used on motorcoaches used by motor carriers 

17 in interstate commerce. For this purpose, the Sec18 retary shall consider the performance requirements 

19 for event data recorders for passenger vehicles under 

20 part 563 of title 49, Code of Federal Regulations. 

21 (2) STANDARDS AND REGULATIONS.—Not later 

22 than 1 year after completing the evaluation required 

23 under paragraph (1), the Secretary shall issue 

24 standards and regulations based on the results of 

25 such evaluation. 


tjames on DSK6SPTVN1PROD with BILLS
31 

•S 453 RS

1 SEC. 13. SAFETY INSPECTION PROGRAM FOR COMMERCIAL 

2 MOTOR VEHICLES OF PASSENGERS. 

3 Not later than 3 years after the date of the enact4 ment of this Act, the Secretary shall complete a rule5 making proceeding to consider requiring States to conduct 

6 annual inspections of commercial motor vehicles designed 

7 or used to transport passengers, including— 

8 (1) an assessment of the risks associated with 

9 improperly maintained or inspected commercial 

10 motor vehicles designed or used to transport pas11 sengers; 

12 (2) an assessment of the effectiveness of cur13 rent Federal standards for the inspection of such ve14 hicles in mitigating the risks described in paragraph 

15 (1) and to ensure the safe and proper operation con16 dition of such vehicles; and 

17 (3) an assessment of the costs and benefits of 

18 a mandatory State inspection program. 

19 SEC. 14. DISTRACTED DRIVING. 

20 (a) IN GENERAL.—Subchapter III of chapter 311 of 

21 title 49, United States Code, is amended by adding at the 

22 end the following: 

23 ‘‘§ 31152. Regulation of the use of distracting devices 

24 in motorcoaches 

25 ‘‘(a) IN GENERAL.—Not later than 1 year after the 

26 date of the enactment of the Motorcoach Enhanced Safety 


tjames on DSK6SPTVN1PROD with BILLS
32 

•S 453 RS

1 Act of 2011, the Secretary of Transportation shall pre2 scribe regulations on the use of electronic or wireless de3 vices, including cell phones and other distracting devices, 

4 by an individual employed as the operator of a motorcoach 

5 (as defined in section 2(8) of that Act). 

6 ‘‘(b) BASIS FOR REGULATIONS.—The Secretary shall 

7 base the regulations required under subsection (a) on acci8 dent data analysis, the results of ongoing research, and 

9 other information, as appropriate. 

10 ‘‘(c) PROHIBITED USE.—Except as provided in sub11 section (d), the Secretary shall prohibit the use of the de12 vices set forth in subsection (a) in circumstances in which 

13 the Secretary determines that their use interferes with the 

14 driver’s safe operation of a motorcoach. 

15 ‘‘(d) PERMITTED USE.—Under the regulations, the 

16 Secretary may permit the use of a device otherwise prohib17 ited under subsection (c) if the Secretary determines that 

18 such use is necessary for the safety of the driver or the 

19 public in emergency circumstances.’’. 

20 (b) CONFORMING AMENDMENT.—The table of con21 tents for chapter 311 of title 49, United States Code, is 

22 amended by inserting after the item relating to section 

23 31151 the following: 

‘‘31152. Regulation of the use of distracting devices in motorcoaches.’’. 


tjames on DSK6SPTVN1PROD with BILLS
33 

•S 453 RS

1 SEC. 15. MOTORCOACH RENTAL OR LEASING COMPANIES. 

2 Section 31132(3) of title 49, United States Code, is 

3 amended to read as follows: 

4 ‘‘(3) ‘employer’— 

5 ‘‘(A) means a person engaged in a business 

6 affecting interstate commerce that— 

7 ‘‘(i) owns or leases a commercial 

8 motor vehicle in connection with that busi9 ness, or assigns and employee to operate 

10 it; or 

11 ‘‘(ii) offers for rent or lease motor ve12 hicles designed or used to transport more 

13 than 15 passengers, including the driver, 

14 and from the same location or as part of 

15 the same business provides names or con16 tact information of drivers, or holds itself 

17 out to the public as a charter bus com18 pany; and 

19 ‘‘(B) does not include an individual who is 

20 an employee of the United States Government, 

21 a State, or a political subdivision of a State act22 ing in the course of that individual’s employ23 ment as such an employee.’’. 


tjames on DSK6SPTVN1PROD with BILLS
34 

•S 453 RS

1 SEC. 16. REGULATIONS. 

2 Any standard or regulation prescribed or modified 

3 pursuant to this Act shall be prescribed or modified in 

4 accordance with section 553 of title 5, United States Code. 

5 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

6 (a) SHORT TITLE.—This Act may be cited as the ‘‘Mo7 torcoach Enhanced Safety Act of 2011’’. 

8 (b) TABLE OF CONTENTS.—The table of contents for 

9 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

Sec. 3. Regulations for improved occupant protection and collision avoidance. 

Sec. 4. Standards for improved fire safety. 

Sec. 5. Occupant protection and collision avoidance research. 

Sec. 6. New entrants. 

Sec. 7. Reincarnated carriers. 

Sec. 8. Improved oversight of motorcoach service providers. 

Sec. 9. Motorcoach driver training. 

Sec. 10. Improved testing for the commercial driver’s license passenger endorsement. 

Sec. 11. Improved physical fitness oversight and commercial driver medical certificates. 

Sec. 12. Safety and enforcement technology for motorcoaches. 

Sec. 13. Safety inspection program for commercial motor vehicles of passengers. 

Sec. 14. Distracted driving. 

Sec. 15. Motorcoach rental or leasing companies. 

Sec. 16. Registration of brokers for motor carriers of passengers. 

Sec. 17. Regulations. 

10 SEC. 2. DEFINITIONS. 

11 In this Act: 

12 (1) ADVANCED GLAZING.—The term ‘‘advanced 

13 glazing’’ means glazing installed in a portal on the 

14 side or the roof of a motorcoach that is designed to 

15 be highly resistant to partial or complete occupant 

16 ejection in all types of motor vehicle crashes. 


tjames on DSK6SPTVN1PROD with BILLS
35 

•S 453 RS

1 (2) BUS.—The term ‘‘bus’’ has the meaning 

2 given such term in section 571.3(b) of title 49, Code 

3 of Federal Regulations (as in effect on the day before 

4 the date of the enactment of this Act). 

5 (3) COMMERCIAL MOTOR VEHICLE.—Except as 

6 otherwise specified, the term ‘‘commercial motor vehi7 cle’’ has the meaning given such term in section 

8 31132(1) of title 49, United States Code. 

9 (4) DIRECT TIRE PRESSURE MONITORING SYS10 TEM.—The term ‘‘direct tire pressure monitoring sys11 tem’’ means a tire pressure monitoring system that is 

12 capable of directly detecting when the air pressure 

13 level in any tire is significantly under-inflated and 

14 providing the driver a low tire pressure warning as 

15 to which specific tire is significantly under-inflated. 

16 (5) ELECTRONIC ON-BOARD RECORDER.—The 

17 term ‘‘electronic on-board recorder’’ means an elec18 tronic device that acquires and stores data showing 

19 the record of duty status of the vehicle operator and 

20 performs the functions required of an automatic on21 board recording device in section 395.15(b) of title 49, 

22 Code of Federal Regulations. 

23 (6) EVENT DATA RECORDER.—The term ‘‘event 

24 data recorder’’ has the meaning given that term in 

25 section 563.5 of title 49, Code of Federal Regulations. 


tjames on DSK6SPTVN1PROD with BILLS
36 

•S 453 RS

1 (7) MOTOR CARRIER.—The term ‘‘motor carrier’’ 

2 means— 

3 (A) a motor carrier (as defined in section 

4 13102(14) of title 49, United States Code); or 

5 (B) a motor private carrier (as defined in 

6 section 13102(15) of such title). 

7 (8) MOTORCOACH.—The term ‘‘motorcoach’’ 

8 means— 

9 (A) a bus with— 

10 (i) a gross vehicle weight rating of 

11 26,000 pounds or greater; 

12 (ii) 16 or more designated seating po13 sitions (including the driver); and 

14 (iii) at least 2 rows of passenger seats 

15 rearward of the driver’s seating position 

16 that are forward-facing or can be converted 

17 to forward-facing without the use of tools; 

18 and 

19 (B) does not include— 

20 (i) a bus used in transit service pro21 vided by a State or local government; or 

22 (ii) a school bus, including a multi23 function school activity bus. 


tjames on DSK6SPTVN1PROD with BILLS
37 

•S 453 RS

1 (9) MOTORCOACH SERVICES.—The term ‘‘motor2 coach services’’ means passenger transportation by 

3 motorcoach for compensation. 

4 (10) MULTIFUNCTION SCHOOL ACTIVITY

5 BUSES.—The term ‘‘multifunction school activity 

6 buses’’ has the meaning given such term in section 

7 571.3(b) of title 49, Code of Federal Regulations (as 

8 in effect on the day before the date of the enactment 

9 of this Act). 

10 (11) PORTAL.—The term ‘‘portal’’ means any 

11 opening on the front, sides, rear, or roof of a motor12 coach that could, in the event of a crash involving the 

13 motorcoach, permit the partial or complete ejection of 

14 any occupant from the motorcoach, including a young 

15 child. 

16 (12) PROVIDER OF MOTORCOACH SERVICES.— 

17 The term ‘‘provider of motorcoach services’’ means a 

18 motor carrier that provides passenger transportation 

19 services with a motorcoach, including per-trip com20 pensation and contracted or chartered compensation. 

21 (13) SAFETY BELT.—The term ‘‘safety belt’’ has 

22 the meaning given such term in section 153(i)(4)(B) 

23 of title 23, United States Code. 

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

25 the Secretary of Transportation. 


tjames on DSK6SPTVN1PROD with BILLS
38 

•S 453 RS

1 (15) TRANSIT SERVICE.—The term ‘‘transit serv2 ice’’ means motorcoach service characterized by oper3 ating speeds of less than 45 miles per hour and fre4 quent stops. 

5 SEC. 3. REGULATIONS FOR IMPROVED OCCUPANT PROTEC6 TION AND COLLISION AVOIDANCE. 

7 (a) REGULATIONS REQUIRED WITHIN 1 YEAR.—Not 

8 later than 1 year after the date of the enactment of this 

9 Act, the Secretary shall prescribe the following regulations: 

10 (1) SAFETY BELTS.—The Secretary shall issue a 

11 final rule in Docket No. NHTSA 2010–0112: Federal 

12 Motor Vehicle Standards; Motorcoach Definition; Oc13 cupant Crash Protection, to require safety belts to be 

14 installed in motorcoaches at each designated seating 

15 position. 

16 (2) FIREFIGHTING EQUIPMENT.—The Secretary 

17 shall require the installation in motorcoaches of im18 proved fire extinguishers or other readily available 

19 firefighting equipment for the purpose of effectively 

20 extinguishing fires in motorcoaches to prevent pas21 senger deaths and injuries. 

22 (b) REGULATIONS REQUIRED WITHIN 18 MONTHS.— 

23 Not later than 18 months after the date of the enactment 

24 of this Act, the Secretary shall prescribe regulations— 


tjames on DSK6SPTVN1PROD with BILLS
39 

•S 453 RS

1 (1) establishing improved roof standards for 

2 motorcoaches that substantially improve the resistance 

3 of motorcoach roofs to deformation and intrusion to 

4 prevent serious occupant injury in rollover crashes in5 volving motorcoaches; and 

6 (2) requiring advanced glazing to be installed in 

7 each motorcoach portal to prevent partial or complete 

8 ejection of passengers of motorcoaches, including such 

9 passengers that are children. 

10 (c) REGULATIONS REQUIRED WITHIN 2 YEARS.—Not 

11 later than 2 years after the date of the enactment of this 

12 Act, the Secretary shall prescribe the following commercial 

13 motor vehicle regulations: 

14 (1) ROLLOVER CRASH AVOIDANCE.—The Sec15 retary shall require motorcoaches to be equipped with 

16 stability enhancing technology, such as electronic sta17 bility control, or torque vectoring, to reduce the num18 ber and frequency of rollover crashes among 

19 motorcoaches. 

20 (2) COMMERCIAL MOTOR VEHICLE TIRE PRES21 SURE MONITORING SYSTEMS.— 

22 (A) IN GENERAL.—The Secretary shall pre23 scribe regulations that require motorcoaches to be 

24 equipped with direct tire pressure monitoring 

25 systems that warn the operator of a commercial 


tjames on DSK6SPTVN1PROD with BILLS
40 

•S 453 RS

1 motor vehicle when any tire exhibits a level of 

2 air pressure that is below a specified level of air 

3 pressure established by the Secretary. 

4 (B) PERFORMANCE REQUIREMENTS.—The 

5 regulations prescribed by the Secretary under 

6 this paragraph shall include performance re7 quirements to ensure that direct tire pressure 

8 monitoring systems are capable of— 

9 (i) providing a warning to the driver 

10 when 1 or more tires are underinflated; 

11 (ii) activating in a specified time pe12 riod after the underinflation is detected; 

13 and 

14 (iii) operating at different vehicle 

15 speeds. 

16 (3) TIRE PERFORMANCE STANDARD.—The Sec17 retary shall upgrade performance standards for tires 

18 used on motorcoaches by conducting an enhanced en19 durance test and a new high-speed performance test. 

20 (d) APPLICATION OF REGULATIONS.— 

21 (1) NEW MOTORCOACHES.—A regulation pre22 scribed in accordance with subsection (a), (b), or (c) 

23 shall apply to all motorcoaches manufactured more 

24 than 2 years after the date on which the regulation 

25 is published as a final rule. 


tjames on DSK6SPTVN1PROD with BILLS
41 

•S 453 RS

1 (2) RETROFIT REQUIREMENTS FOR EXISTING

2 MOTORCOACHES.—The Secretary may, by regulation, 

3 provide for the application of any requirement estab4 lished under this section to motorcoaches manufac5 tured before the date on which the requirement applies 

6 to new motorcoaches under paragraph (1) based on 

7 an assessment of the feasibility, benefits, and costs of 

8 retrofitting such motorcoaches. The Secretary shall 

9 complete such assessment with respect to safety belt 

10 retrofits no later than 2 years after the date of the en11 actment of this Act. 

12 SEC. 4. STANDARDS FOR IMPROVED FIRE SAFETY. 

13 (a) EVALUATIONS.—Not later than 18 months after the 

14 date of the enactment of this Act, the Secretary shall con15 duct an evaluation of the following: 

16 (1) FLAMMABILITY STANDARD FOR EXTERIOR

17 COMPONENTS.—The Secretary shall examine the feasi18 bility of establishing requirements for fire hardening 

19 or fire resistance of motorcoach exterior components 

20 to prevent fire and smoke inhalation injuries to occu21 pants. 

22 (2) SMOKE SUPPRESSION.—The Secretary shall 

23 review Federal motor vehicle safety standard number 

24 302 (49 C.F.R. 571.302; relating to flammability of 

25 interior materials) to consider more realistic tests to 


tjames on DSK6SPTVN1PROD with BILLS
42 

•S 453 RS

1 improve the resistance of motorcoach interiors and 

2 components to burning and permit sufficient time for 

3 the safe evacuation of passengers from motorcoaches. 

4 (3) PREVENTION OF, AND RESISTANCE TO, 

5 WHEEL WELL FIRES.—The Secretary shall assess tech6 nologies to prevent and mitigate the propagation of 

7 wheel well fires into the passenger compartment and 

8 substantially reduce occupant deaths and injuries 

9 from such fires. 

10 (4) PASSENGER EVACUATION.—The Secretary 

11 shall evaluate requirements for motorcoaches to be 

12 equipped with the following: 

13 (A) IMPROVED EMERGENCY EVACUATION

14 DESIGNS.—Improved emergency exit window, 

15 door, roof hatch, and wheelchair lift door designs 

16 to expedite access and use by passengers of 

17 motorcoaches under all emergency circumstances, 

18 including crashes and fires. 

19 (B) EMERGENCY INTERIOR LIGHTING.— 

20 Emergency interior lighting systems, including 

21 luminescent or retroreflectorized delineation of 

22 evacuation paths and exits, which are triggered 

23 by a crash or other emergency incidents to ac24 complish more rapid and effective evacuation of 

25 passengers. 


tjames on DSK6SPTVN1PROD with BILLS
43 

•S 453 RS

1 (5) AUTOMATIC FIRE SUPPRESSION.—The Sec2 retary shall evaluate requirements for motorcoaches to 

3 be equipped with highly effective fire suppression sys4 tems that automatically respond to and suppress all 

5 fires in such motorcoaches. 

6 (b) PERFORMANCE REQUIREMENTS.—Not later than 3 

7 years after the date of the enactment of this Act, the Sec8 retary shall issue performance requirements for improved 

9 fire safety and passenger evacuation based on the results 

10 of the evaluations conducted under subsection (a). 

11 SEC. 5. OCCUPANT PROTECTION AND COLLISION AVOID12 ANCE RESEARCH. 

13 (a) SAFETY RESEARCH INITIATIVES.—Not later than 

14 2 years after the date of the enactment of this Act, the Sec15 retary shall complete research on the following: 

16 (1) COMPARTMENTALIZATION SAFETY COUNTER17 MEASURES.—Enhanced compartmentalization safety 

18 countermeasures for motorcoaches, including enhanced 

19 seating designs, to reduce substantially the risk of 

20 passengers being thrown from their seats and col21 liding with other passengers, interior surfaces, and 

22 components in the event of a crash involving a motor23 coach. 

24 (2) INTERIOR IMPACT PROTECTION.—Enhanced 

25 occupant impact protection standards for motorcoach 


tjames on DSK6SPTVN1PROD with BILLS
44 

•S 453 RS

1 interiors to reduce substantially serious injuries for 

2 all passengers of motorcoaches. 

3 (3) COLLISION AVOIDANCE SYSTEMS.—Forward 

4 and lateral crash warning systems applications for 

5 motorcoaches. 

6 (b) STANDARDS AND REGULATIONS.—Not later than 

7 2 years after the completion of each research initiative re8 quired under subsection (a), the Secretary shall issue a 

9 standard or regulation based on the results of such research. 

10 SEC. 6. NEW ENTRANTS. 

11 (a) REGISTRATION REQUIREMENTS.—Section 

12 13902(b) of title 49, United States Code, is amended— 

13 (1) by redesignating paragraphs (1) through (8) 

14 as paragraphs (5) through (12), respectively; and 

15 (2) by inserting before paragraph (5), as redesig16 nated, the following: 

17 ‘‘(1) ADDITIONAL REGISTRATION REQUIREMENTS

18 FOR PROVIDERS OR MOTORCOACH SERVICES.—In ad19 dition to meeting the requirements under subsection 

20 (a)(1), the Secretary may not register a person to 

21 provide motorcoach services until after such person— 

22 ‘‘(A) undergoes a preauthorization safety 

23 audit, including verification, in a manner suffi24 cient to demonstrate the ability to comply with 

25 Federal rules and regulations, of— 


tjames on DSK6SPTVN1PROD with BILLS
45 

•S 453 RS

1 ‘‘(i) a drug and alcohol testing pro2 gram under part 40 of title 49, Code of Fed3 eral Regulations; 

4 ‘‘(ii) the carrier’s system of compliance 

5 with hours-of-service rules, including hours6 of-service records; 

7 ‘‘(iii) the ability to obtain required in8 surance; 

9 ‘‘(iv) driver qualifications, including 

10 the validity of the commercial driver’s li11 cense of each driver who will be operating 

12 under such authority; 

13 ‘‘(v) disclosure of common ownership, 

14 common control, common management, 

15 common familial relationship, or other cor16 porate relationship with another motor car17 rier or applicant for motor carrier author18 ity during the past 3 years; 

19 ‘‘(vi) records of the State inspections, 

20 or of a Level I or V Commercial Vehicle 

21 Safety Alliance Inspection, for all vehicles 

22 that will be operated by the carrier; 

23 ‘‘(vii) safety management programs, 

24 including vehicle maintenance and repair 

25 programs; and 


tjames on DSK6SPTVN1PROD with BILLS
46 

•S 453 RS

1 ‘‘(viii) the ability to comply with the 

2 Americans with Disabilities Act of 1990 (42 

3 U.S.C. 12101 et seq.) and the Over-the-Road 

4 Bus Transportation Accessibility Act of 

5 2007 (49 U.S.C. 10101 note); 

6 ‘‘(B) has been interviewed to review safety 

7 management controls and the carrier’s written 

8 safety oversight policies and practices; and 

9 ‘‘(C) through the successful completion of a 

10 written examination developed by the Secretary, 

11 has demonstrated proficiency to comply with 

12 and carry out the requirements and regulations 

13 described in subsection (a)(1). 

14 ‘‘(2) PRE-AUTHORIZATION SAFETY AUDIT.—The 

15 pre-authorization safety audit required under para16 graph (1)(A) shall be completed on-site not later than 

17 90 days following the submission of an application 

18 for operating authority. 

19 ‘‘(3) FEE.—The Secretary may establish, under 

20 section 9701 of title 31, a fee of not more than $1,200 

21 for new registrants that as nearly as possible covers 

22 the costs of performing a preauthorization safety 

23 audit. Amounts collected under this subsection shall 

24 be deposited in the Highway Trust Fund (other than 

25 the Mass Transit Account).’’. 


tjames on DSK6SPTVN1PROD with BILLS
47 

•S 453 RS

1 (b) SAFETY REVIEWS OF NEW OPERATORS.—Section 

2 31144(g)(1) of title 49, United States Code, is amended by 

3 inserting ‘‘transporting property’’ after ‘‘each operator’’. 

4 (c) EFFECTIVE DATE.—The amendments made by this 

5 section shall take effect 1 year after the date of the enact6 ment of this Act. 

7 SEC. 7. REINCARNATED CARRIERS. 

8 (a) REGISTRATION REQUIREMENTS.—Section 

9 13902(b) of title 49, United States Code, as amended by 

10 section 6(a), by inserting after paragraph (3), as added by 

11 section 6(a), the following: 

12 ‘‘(4) DISCLOSURE OF PRIOR RELATIONSHIPS.— 

13 In addition to meeting the requirements under sub14 section (a)(1), the Secretary shall require applicants 

15 for authority to transport passengers to disclose any 

16 relationship involving common ownership, common 

17 management, or common familial relationship be18 tween that person and any other motor carrier if the 

19 relationship occurred during the 3-year period pre20 ceding the date of the filing of the application for reg21 istration.’’. 

22 (b) DENIAL, SUSPENSION, AMENDMENT, OR REVOCA23 TION OF REGISTRATION.—Section 13905(d) of such title is 

24 amended— 

25 (1) in paragraph (1)— 


tjames on DSK6SPTVN1PROD with BILLS
48 

•S 453 RS

1 (A) by striking ‘‘may (A) suspend’’ and in2 serting the following: ′′may— 

3 ‘‘(A) suspend’’; 

4 (B) by striking ‘‘registration; and (B) sus5 pend’’ and inserting the following: ′′registration; 

6 ‘‘(B) suspend’’; 

7 (C) by striking ‘‘forwarder: (i) for failure to 

8 pay’’ and inserting the following: ′′forwarder for 

9 failure— 

10 ‘‘(i) to pay’’; 

11 (D) by striking ‘‘title; or (ii) for failure to 

12 arrange’’ and inserting the following: ′′title; or 

13 ‘‘(ii) to arrange’’; 

14 (E) by striking ‘‘penalty.’’ and inserting the 

15 following: ′′penalty; and 

16 ‘‘(C) deny, suspend, amend, or revoke all or 

17 part of a registration of a motor carrier fol18 lowing a determination by the Secretary that the 

19 motor carrier failed to disclose in its application 

20 for registration a material fact relevant to its 

21 willingness and ability to comply with— 

22 ‘‘(i) this part; 

23 ‘‘(ii) an applicable regulation or order 

24 of the Secretary or the Board; or 


tjames on DSK6SPTVN1PROD with BILLS
49 

•S 453 RS

1 ‘‘(iii) a condition of its registration.’’; 

2 and 

3 (F) by striking the last sentence; and 

4 (2) by amending paragraph (2) to read as fol5 lows: 

6 ‘‘(2) Not later than 12 months after the date of 

7 the enactment of the Motorcoach Enhanced Safety Act 

8 of 2011, the Secretary, after notice and opportunity 

9 for comment, shall issue regulations that— 

10 ‘‘(A) provide for the denial, suspension, 

11 amendment, or revocation of a registration pur12 suant to paragraph (1)(C); and 

13 ‘‘(B) exempt the application of paragraph 

14 (1)(B) to any person who is unable to pay a 

15 civil penalty because such person is a debtor in 

16 a case under chapter 11 of title 11.’’. 

17 (c) PROCEDURE.—Section 13905(e) of such title is 

18 amended— 

19 (1) by redesignating paragraph (2) as subpara20 graph (B); 

21 (2) in paragraph (1), by striking ‘‘(1) the Sec22 retary’’ and inserting the following: 

23 ‘‘(2)(A) the Secretary’’; and 

24 (3) by inserting before paragraph (2), as redesig25 nated, the following: 


tjames on DSK6SPTVN1PROD with BILLS
50 

•S 453 RS

1 ‘‘(1) the Secretary determines that the registrant 

2 has failed to disclose a material fact in its applica3 tion for registration in accordance with subsection 

4 (d)(1)(C); or’’. 

5 (d) DUTIES OF EMPLOYERS AND EMPLOYEES.—Sec6 tion 31135 of such title is amended— 

7 (1) by redesignating subsection (d) as subsection 

8 (e); and 

9 (2) by inserting after subsection (c) the fol10 lowing: 

11 ‘‘(d) AVOIDING COMPLIANCE.— 

12 ‘‘(1) PROHIBITED ACTIONS.—Two or more em13 ployers shall not use common ownership, common 

14 management, common control, or common familial 

15 relationship to enable any or all such employers to 

16 avoid compliance, or mask or otherwise conceal non17 compliance, or a history of noncompliance, with com18 mercial motor vehicle safety regulations issued under 

19 this subchapter, chapter 315, or an order of the Sec20 retary issued under this subchapter, chapter 315, or 

21 such regulations. 

22 ‘‘(2) EFFECT OF VIOLATION.—If the Secretary 

23 determines that an employer has engaged in any ac24 tion prohibited under paragraph (1), the Secretary 

25 shall— 


tjames on DSK6SPTVN1PROD with BILLS
51 

•S 453 RS

1 ‘‘(A) deny, suspend, amend, or revoke all or 

2 part of such employer’s registration under sec3 tion 13905; and 

4 ‘‘(B) take into account such noncompliance 

5 for purposes of determining the amount of the 

6 civil to which the employer is liable under sec7 tion 521(b)(2)(D).’’. 

8 SEC. 8. IMPROVED OVERSIGHT OF MOTORCOACH SERVICE 

9 PROVIDERS. 

10 (a) IN GENERAL.—Section 31144 of title 49, United 

11 States Code, is amended by adding at the end the following: 

12 ‘‘(h) PERIODIC SAFETY REVIEWS OF PROVIDERS OF

13 MOTORCOACH SERVICES.— 

14 ‘‘(1) SAFETY REVIEW.— 

15 ‘‘(A) IN GENERAL.—The Secretary shall— 

16 ‘‘(i) determine the safety fitness of all 

17 providers of motorcoach services registered 

18 with the Federal Motor Carrier Safety Ad19 ministration; and 

20 ‘‘(ii) assign a safety fitness rating to 

21 each such provider. 

22 ‘‘(B) APPLICABILITY.—Subparagraph (A) 

23 shall apply— 

24 ‘‘(i) to any provider of motorcoach 

25 services registered with the Administration 


tjames on DSK6SPTVN1PROD with BILLS
52 

•S 453 RS

1 after the date of the enactment of the Motor2 coach Enhanced Safety Act of 2011 begin3 ning not later than 2 years after the date 

4 of such registration; and 

5 ‘‘(ii) to any provider of motorcoach 

6 services registered with the Administration 

7 on or before the date of enactment of that 

8 Act beginning not later than 3 years after 

9 the date of the enactment of such Act. 

10 ‘‘(2) PERIODIC REVIEW.—The Secretary shall es11 tablish, by regulation, a process for monitoring the 

12 safety performance of each provider of motorcoach 

13 services on a regular basis following the assignment 

14 of a safety fitness rating, including progressive inter15 vention to correct unsafe practices. 

16 ‘‘(3) ENFORCEMENT STRIKE FORCES.—In addi17 tion to the enhanced monitoring and enforcement ac18 tions required under paragraph (2), the Secretary 

19 may organize special enforcement strike forces tar20 geting providers of motorcoach services. 

21 ‘‘(4) PERIODIC UPDATE OF SAFETY FITNESS RAT22 ING.—In conducting the safety reviews required under 

23 this subsection, the Secretary shall reassess the safety 

24 fitness rating of each provider not less frequently than 

25 once every 3 years. 


tjames on DSK6SPTVN1PROD with BILLS
53 

•S 453 RS

1 ‘‘(5) MOTORCOACH SERVICES DEFINED.—In this 

2 subsection, the term ‘provider of motorcoach services’ 

3 has the meaning given such term in section 2 of the 

4 Motorcoach Enhanced Safety Act of 2011.’’ 

5 (b) REVISION OF SAFETY FITNESS RATING METHOD6 OLOGY.—Not later than 1 year after the date of the enact7 ment of this Act, the Secretary shall revise the safety fitness 

8 rating methodology of the Department of Transportation es9 tablished pursuant to section 31144 of title 49, United 

10 States Code, to meet the goals of the safety recommendation 

11 H–99–6 of the National Transportation Safety Board, 

12 which was issued on February 26, 1999. 

13 (c) HIGH RISK CARRIER COMPLIANCE REVIEWS.— 

14 Section 4138 of SAFETEA–LU (49 U.S.C. 31144 note) is 

15 amended by striking ‘‘is rated as category A or B for 2 

16 consecutive months.’’ and inserting ‘‘meets the Safety Meas17 urement System criteria for being a high risk motor carrier 

18 for 2 consecutive months.’’. 

19 SEC. 9. MOTORCOACH DRIVER TRAINING. 

20 (a) ESTABLISHMENT OF TRAINING CURRICULUM.— 

21 (1) IN GENERAL.—Not later than 6 months after 

22 the date of the enactment of this Act, the Secretary 

23 shall establish, by regulation, minimum curricular re24 quirements for entry-level drivers of motorcoaches and 

25 drivers upgrading from 1 class of commercial driver’s 


tjames on DSK6SPTVN1PROD with BILLS
54 

•S 453 RS

1 license to another class, which shall be adopted by 

2 public and private schools and motor carriers and 

3 motorcoach operators that provide training for such 

4 drivers. 

5 (2) CURRICULAR REQUIREMENTS.—The cur6 ricular requirements under paragraph (1) shall in7 clude— 

8 (A) classroom and behind-the-wheel instruc9 tion that is adequate for training entry-level 

10 drivers of motorcoaches and drivers upgrading 

11 from 1 class of commercial driver’s license to an12 other class to safely operate motorcoaches and re13 spond effectively to emergency situations; and 

14 (B) instruction in advanced knowledge and 

15 skills that are necessary to operate motorcoaches 

16 safely, including knowledge and skills nec17 essary— 

18 (i) to suppress motorcoach fires; and 

19 (ii) to evacuate passengers from 

20 motorcoaches safely. 

21 (b) TRAINING REQUIRED.— 

22 (1) IN GENERAL.—The Secretary shall require 

23 each motorcoach driver seeking a commercial driver’s 

24 license passenger endorsement to undergo a training 

25 program that includes the minimum curricular reVerDate Mar 15 2010 23:54 Nov 09, 2011 Jkt 019200 PO 00000 Frm 00054 Fmt 6652 Sfmt 6203 E:\BILLS\S453.RS S453

tjames on DSK6SPTVN1PROD with BILLS
55 

•S 453 RS

1 quirements established under subsection (a) before 

2 taking a test for a commercial driver’s license pas3 senger endorsement. 

4 (2) VERIFICATION REQUIRED.—The Secretary 

5 shall require that— 

6 (A) each trainer of a driver seeking a com7 mercial driver’s license passenger endorsement 

8 shall submit to the appropriate State licensing 

9 authority information on any driver that has 

10 successfully completed a motorcoach driver train11 ing course that includes the curricular require12 ments established under subsection (a); and 

13 (B) the State licensing authority may not 

14 administer the skills test for the passenger en15 dorsement nor issue a passenger endorsement to 

16 a driver unless the State licensing authority 

17 verifies that the driver has successfully completed 

18 a motorcoach driver training course required 

19 under subparagraph (A). 

20 (c) REPORT ON FEASIBILITY, BENEFITS, AND COSTS

21 OF ESTABLISHING A SYSTEM OF CERTIFICATION OF TRAIN22 ING PROGRAMS.—Not later than 2 years after the date of 

23 the enactment of this Act, the Secretary shall submit a re24 port to the Committee on Commerce, Science, and Trans25 portation of the Senate and the Committee on TransporVerDate Mar 15 2010 23:54 Nov 09, 2011 Jkt 019200 PO 00000 Frm 00055 Fmt 6652 Sfmt 6203 E:\BILLS\S453.RS S453

tjames on DSK6SPTVN1PROD with BILLS
56 

•S 453 RS

1 tation and Infrastructure of the House of 

2 Representativesthat describes the feasibility, benefits, and 

3 costs of establishing a system of certification of public and 

4 private schools and of motor carriers and motorcoach opera5 tors that provide motorcoach driver training in accordance 

6 with the curricular requirements established by the Sec7 retary under subsection (a). 

8 (d) NONPREEMPTION OF STATE PROGRAMS.—The 

9 minimum curricular requirements required under this sec10 tion shall not preempt any State or local law or regulation 

11 imposing additional or more stringent requirements unless 

12 the Secretary determines that— 

13 (1) the law or regulation is incompatible with 

14 the regulation prescribed by the Secretary; or 

15 (2) enforcement of the State law or the local law 

16 or regulation would impose an unreasonable burden 

17 on interstate commerce. 

18 SEC. 10. IMPROVED TESTING FOR THE COMMERCIAL DRIV19 ER’S LICENSE PASSENGER ENDORSEMENT. 

20 (a) INCREASED STRINGENCY OF EXAMINATION FOR

21 COMMERCIAL DRIVER’S LICENSE PASSENGER-CARRYING

22 ENDORSEMENT.—Not later than 6 months after the date of 

23 the enactment of this Act, the Secretary, in consultation 

24 with the American Association of Motor Vehicle Adminis25 trators, shall issue a final rule in Docket No. FMCSA 2007– 


tjames on DSK6SPTVN1PROD with BILLS
57 

•S 453 RS

1 27659: Commercial Driver’s License Testing and Commer2 cial Learner’s Permit Standards that— 

3 (1) improves the quality and stringency of the 

4 examination for the commercial driver’s license pas5 senger-carrying endorsement; 

6 (2) requires a more stringent knowledge test than 

7 the test in effect on the day before the date of enact8 ment of this Act; and 

9 (3) requires a more stringent examination of the 

10 driving skills necessary to operate safely a for-hire 

11 passenger-carrying commercial motor vehicle than the 

12 examination of such skills in effect on the day before 

13 the date of the enactment of this Act. 

14 (b) REPORT ON DRIVER’S LICENSE REQUIREMENTS

15 FOR 9-TO-15 PASSENGER VANS.—Not later than 18 months 

16 after the date of the enactment of this Act, the Secretary 

17 shall submit a plan to the Committee on Commerce, 

18 Science, and Transportation of the Senate and the Com19 mittee on Transportation and Infrastructure of the House 

20 of Representatives for requiring that all or certain classes 

21 of drivers— 

22 (1) have a commercial driver’s license passenger23 carrying endorsement in order to operate a commer24 cial motor vehicle (as defined in section 31301(4) of 

25 title 49, United States Code) and transport not less 


tjames on DSK6SPTVN1PROD with BILLS
58 

•S 453 RS

1 than 9 and not more than 15 passengers (including 

2 a driver) in interstate commerce; and 

3 (2) be tested in accordance with a drug and alco4 hol testing program under part 40 of title 49, Code 

5 of Federal Regulations. 

6 SEC. 11. IMPROVED PHYSICAL FITNESS OVERSIGHT AND 

7 COMMERCIAL DRIVER MEDICAL CERTIFI8 CATES. 

9 (a) MEDICAL REVIEW BOARD FUNCTIONS.—Section 

10 31149(a)(1) of title 49, United States Code, is amended— 

11 (1) by striking ‘‘recommendations on medical 

12 standards’’ and inserting the following: 

13 ′′recommendations on— 

14 ‘‘(A) medical standards’’; and 

15 (2) by striking ‘‘research.’’ and inserting the fol16 lowing: ′′research; and 

17 ‘‘(B) advice and recommendations con18 cerning the criteria to be used for evaluating 

19 medical examiners for admission to the national 

20 registry established under this section.’’. 

21 (b) EXAMINATION REQUIREMENTS FOR LISTING IN

22 THE NATIONAL REGISTRY OF MEDICAL EXAMINERS.—Sec23 tion 31149(c)(1)(D) of title 49, United States Code, is 

24 amended to read as follows: 


tjames on DSK6SPTVN1PROD with BILLS
59 

•S 453 RS

1 ‘‘(D) develop requirements applicable to a 

2 medical examiner seeking to be listed in the na3 tional registry, including— 

4 ‘‘(i) specific courses and materials that 

5 must be completed to be listed in the na6 tional registry; 

7 ‘‘(ii) a rigorous written examination 

8 for which a passing grade must be achieved 

9 to be listed in the national registry; 

10 ‘‘(iii) certification (including self-cer11 tification), as appropriate, to verify that the 

12 medical examiner has completed training, 

13 including refresher courses, that the Sec14 retary determines are necessary to be listed 

15 in the national registry; and 

16 ‘‘(iv) demonstration of the willingness 

17 and ability of a medical examiner to com18 ply with any reporting requirements estab19 lished by the Secretary;’’. 

20 (c) MEDICAL EXAMINATION FORM COMPARISONS.— 

21 Not later than 18 months after the date of the enactment 

22 of this Act, the Secretary shall require, by regulation, that 

23 each time a medical examiner performs a medical examina24 tion to certify an applicant for a commercial driver’s li25 cense under section 391.43 of title 49, Code of Federal ReguVerDate Mar 15 2010 23:54 Nov 09, 2011 Jkt 019200 PO 00000 Frm 00059 Fmt 6652 Sfmt 6203 E:\BILLS\S453.RS S453

tjames on DSK6SPTVN1PROD with BILLS
60 

•S 453 RS

1 lations, such medical examiner shall submit to the appro2 priate State licensing agency the form for such examination 

3 required by section 391.43(f) of such title (as in effect on 

4 the day before the date of the enactment of this Act). 

5 (d) STATE PLAN REQUIREMENT.—Section 31102(b)(1) 

6 of title 49, United States Code, is amended— 

7 (1) in subparagraph (W), by striking ‘‘and’’ at 

8 the end; and 

9 (2) in subparagraph (X), by striking the period 

10 at the end and inserting the following: ′′; and 

11 ‘‘(Y) requires State licensing authorities to com12 pare the forms they receive pursuant to section 11(c) 

13 of the Motorcoach Enhanced Safety Act of 2011 with 

14 the medical examiner’s certificate required under sec15 tion 391.43(g) of title 49, Code of Federal Regulations 

16 (as in effect on the day before the date of enactment 

17 of that Act), to determine the accuracy and validity 

18 of the information contained in such forms and cer19 tificates.’’. 

20 (e) ADDITIONAL OVERSIGHT OF LICENSING AUTHORI21 TIES.— 

22 (1) IN GENERAL.—Section 31149(c)(1) of title 

23 49, United States Code, is amended— 

24 (A) in subparagraph (E), by striking ‘‘and’’ 

25 at the end; and 


tjames on DSK6SPTVN1PROD with BILLS
61 

•S 453 RS

1 (B) in subparagraph (F), by striking the 

2 period at the end and inserting the following: ′′; 

3 and 

4 ‘‘(G) annually review the licensing authori5 ties of 10 States to assess the accuracy, validity, 

6 and timeliness of physical examination reports 

7 and medical certificates submitted by certified 

8 medical examiners to such State licensing agen9 cies and the processing of such submissions by 

10 the licensing authorities.’’. 

11 (2) INTERNAL OVERSIGHT POLICY.— 

12 (A) IN GENERAL.—Not later than 1 year 

13 after the date of the enactment of this Act, the 

14 Secretary shall establish an oversight policy and 

15 process within the Department of Transportation 

16 for purposes of carrying out the requirement 

17 under section 31149(c)(1)(G) of title 49, United 

18 States Code, as added by paragraph (1). 

19 (B) EFFECTIVE DATE.—The requirement 

20 under section 31149(c)(1)(G) of title 49, United 

21 States Code, shall take effect on the date on 

22 which the oversight policies and processes are es23 tablished pursuant to subparagraph (A). 

24 (f) DEADLINE FOR ESTABLISHMENT OF NATIONAL

25 REGISTRY OF MEDICAL EXAMINERS.—Not later than 6 


tjames on DSK6SPTVN1PROD with BILLS
62 

•S 453 RS

1 months after the date of the enactment of this Act, the Sec2 retary shall establish a national registry of medical exam3 iners in accordance with section 31149(d)(1) of title 49, 

4 United States Code. 

5 SEC. 12. SAFETY AND ENFORCEMENT TECHNOLOGY FOR 

6 MOTORCOACHES. 

7 (a) ELECTRONIC ON-BOARD RECORDERS.— 

8 (1) IN GENERAL.— 

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

10 after the date of the enactment of this Act, the 

11 Secretary shall prescribe regulations requiring 

12 that all motorcoaches used by a motor carrier in 

13 interstate commerce be equipped with electronic 

14 on-board recorders. 

15 (B) PERFORMANCE REQUIREMENTS.—The 

16 regulations prescribed by the Secretary under 

17 this section shall include performance require18 ments to ensure that electronic on-board record19 ers— 

20 (i) accurately record commercial driver 

21 hours of service; 

22 (ii) allow tracking of driver and vehi23 cle location; and 

24 (iii) are tamper resistant. 


tjames on DSK6SPTVN1PROD with BILLS
63 

•S 453 RS

1 (2) APPLICABILITY.—The regulations prescribed 

2 under paragraph (1) shall apply to all motorcoaches 

3 described in such paragraph beginning on the date 

4 that is 2 years after the date on which the regulation 

5 is published as a final rule. 

6 (b) EVENT DATA RECORDERS.— 

7 (1) EVALUATION.—Not later than 1 year after 

8 the date of the enactment of this Act, the Secretary, 

9 after considering the performance requirements for 

10 event data recorders for passenger vehicles under part 

11 563 of title 49, Code of Federal Regulations, shall 

12 complete an evaluation of event data recorders, in13 cluding requirements regarding specific types of vehi14 cle operations, events and incidents, and systems in15 formation to be recorded, for event data recorders to 

16 be used on motorcoaches used by motor carriers in 

17 interstate commerce. 

18 (2) STANDARDS AND REGULATIONS.—Not later 

19 than 2 years after completing the evaluation required 

20 under paragraph (1), the Secretary shall issue stand21 ards and regulations based on the results of that eval22 uation. 


tjames on DSK6SPTVN1PROD with BILLS
64 

•S 453 RS

1 SEC. 13. SAFETY INSPECTION PROGRAM FOR COMMERCIAL 

2 MOTOR VEHICLES OF PASSENGERS. 

3 Not later than 3 years after the date of the enactment 

4 of this Act, the Secretary shall complete a rulemaking pro5 ceeding to consider requiring States to conduct annual in6 spections of commercial motor vehicles designed or used to 

7 transport passengers, including an assessment of— 

8 (1) the risks associated with improperly main9 tained or inspected commercial motor vehicles de10 signed or used to transport passengers; 

11 (2) the effectiveness of existing Federal standards 

12 for the inspection of such vehicles in— 

13 (A) mitigating the risks described in para14 graph (1); and 

15 (B) ensuring the safe and proper operation 

16 condition of such vehicles; and 

17 (3) the costs and benefits of a mandatory State 

18 inspection program. 

19 SEC. 14. DISTRACTED DRIVING. 

20 (a) IN GENERAL.—Subchapter III of chapter 311 of 

21 title 49, United States Code, is amended by adding at the 

22 end the following: 

23 ‘‘§ 31152. Regulation of the use of distracting devices 

24 in motorcoaches 

25 ‘‘(a) IN GENERAL.—Not later than 1 year after the 

26 date of the enactment of the Motorcoach Enhanced Safety 


tjames on DSK6SPTVN1PROD with BILLS
65 

•S 453 RS

1 Act of 2011, the Secretary of Transportation shall prescribe 

2 regulations on the use of electronic or wireless devices, in3 cluding cell phones and other distracting devices, by an in4 dividual employed as the operator of a motorcoach (as de5 fined in section 2(8) of such Act). 

6 ‘‘(b) BASIS FOR REGULATIONS.—The Secretary shall 

7 base the regulations prescribed under subsection (a) on acci8 dent data analysis, the results of ongoing research, and 

9 other information, as appropriate. 

10 ‘‘(c) PROHIBITED USE.—Except as provided under 

11 subsection (d), the Secretary shall prohibit the use of the 

12 devices described in subsection (a) in circumstances in 

13 which the Secretary determines that their use interferes 

14 with the driver’s safe operation of a motorcoach. 

15 ‘‘(d) PERMITTED USE.—The Secretary may permit the 

16 use of a device that is otherwise prohibited under subsection 

17 (c) if the Secretary determines that such use is necessary 

18 for the safety of the driver or the public in emergency cir19 cumstances.’’. 

20 (b) CONFORMING AMENDMENT.—The table of contents 

21 for chapter 311 of title 49, United States Code, is amended 

22 by inserting after the item relating to section 31151 the fol23 lowing: 

‘‘31152. Regulation of the use of distracting devices in motorcoaches’’. 


tjames on DSK6SPTVN1PROD with BILLS
66 

•S 453 RS

1 SEC. 15. MOTORCOACH RENTAL OR LEASING COMPANIES. 

2 Section 31132(3) of title 49, United States Code, is 

3 amended to read as follows: 

4 ‘‘(3) ‘employer’— 

5 ‘‘(A) means a person engaged in a business 

6 affecting interstate commerce that— 

7 ‘‘(i) owns or leases a commercial motor 

8 vehicle in connection with that business, or 

9 assigns and employee to operate it; or 

10 ‘‘(ii) offers for rent or lease motor vehi11 cles designed or used to transport more than 

12 15 passengers, including the driver, and 

13 from the same location or as part of the 

14 same business provides names or contact in15 formation of drivers, arranges for a driver 

16 of the rented or leased passenger-carrying 

17 motor vehicle, or holds itself out to the pub18 lic as a provider of transportation services; 

19 and 

20 ‘‘(B) does not include an individual who is 

21 an employee of the United States Government, a 

22 State, or a political subdivision of a State acting 

23 in the course of that individual’s employment as 

24 such an employee.’’. 


tjames on DSK6SPTVN1PROD with BILLS
67 

•S 453 RS

1 SEC. 16. REGISTRATION OF BROKERS FOR MOTOR CAR2 RIERS OF PASSENGERS. 

3 (a) IN GENERAL.—Section 13904(a) of title 49, United 

4 States Code, is amended by inserting ‘‘or passengers’’ after 

5 ‘‘transportation of property’’. 

6 (b) REPEAL OF EXEMPTION.—Section 13506(a) of title 

7 49, United States Code, is amended— 

8 (1) in paragraph (13), by inserting ‘‘or’’ at the 

9 end; 

10 (2) by striking paragraph (14); and 

11 (3) by redesignating paragraph (15) as para12 graph (14). 

13 SEC. 17. REGULATIONS. 

14 Any standard or regulation prescribed or modified 

15 pursuant to this Act shall be prescribed or modified in ac16 cordance with section 553 of title 5, United States Code. 


tjames on DSK6SPTVN1PROD with BILLS
Calendar No. 227 

112TH CONGRESS 

1ST SESSION S. 453 

[Report No. 112–93] 

A BILL 

To improve the safety of motorcoaches, and for 

other purposes. 

NOVEMBER 9, 2011 

Reported with an amendment 


tjames on DSK6SPTVN1PROD with BILLS