II 

112TH CONGRESS 

1ST SESSION S. 453 

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 and Mrs. HUTCHISON) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation 

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’’. 

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

7 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. 


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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. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

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

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

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

6 be highly resistant to partial or complete occupant 

7 ejection in all types of motor vehicle crashes. 

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

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

10 of Federal Regulations (as in effect on the day be11 fore the date of enactment of this Act). 

12 (3) COMMERCIAL MOTOR VEHICLE.—Except as 

13 otherwise specified, the term ‘‘commercial motor ve14 hicle’’ has the meaning given such term in section 

15 31132(1) of title 49, United States Code. 

16 (4) DIRECT TIRE PRESSURE MONITORING SYS17 TEM.—The term ‘‘direct tire pressure monitoring 

18 system’’ means a tire pressure monitoring system 

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


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1 Federal Regulations), that is capable of directly de2 tecting when the air pressure level in any tire is sig3 nificantly under-inflated and immediately providing 

4 the driver a low tire pressure warning as to which 

5 specific tire is significantly under-inflated. 

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

7 term ‘‘electronic on-board recorder’’ means an elec8 tronic device that acquires and stores data showing 

9 the record of duty status of the vehicle operator and 

10 performs the functions required of an automatic on11 board recording device in section 395.15(b) of title 

12 49, Code of Federal Regulations. 

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

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

15 section 563.5 of title 49, Code of Federal Regula16 tions. 

17 (7) MOTOR CARRIER.—The term ‘‘motor car18 rier’’ means— 

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

20 13102(14) of title 49, United States Code); or 

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

22 section 13102(15) of such title). 

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

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

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


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

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

3 (A) buses used in public transportation 

4 provided by a State or local government; or 

5 (B) school buses, including multifunction 

6 school activity buses. 

7 (9) MOTORCOACH SERVICES.—The term ‘‘mo8 torcoach services’’ means passenger transportation 

9 by motorcoach for compensation. 

10 (10) MULTIFUNCTION SCHOOL ACTIVITY

11 BUSES.—The term ‘‘multifunction school activity 

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

13 571.3(b) of title 49, Code of Federal Regulations (as 

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

15 of this Act). 

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

17 opening on the front, sides, rear, or roof of a motor18 coach that could, in the event of a crash involving 

19 the motorcoach, permit the partial or complete ejec20 tion of any occupant from the motorcoach, including 

21 a young child. 

22 (12) PROVIDER OF MOTORCOACH SERVICES.— 

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

24 a motor carrier that provides passenger transpor25 tation services with a motorcoach, including per-trip 


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1 compensation and contracted or chartered com2 pensation. 

3 (13) PUBLIC TRANSPORTATION.—The term 

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

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

6 States Code. 

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

8 has the meaning given such term in section 

9 153(i)(4)(B) of title 23, United States Code. 

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

11 means the Secretary of Transportation. 

12 SEC. 3. REGULATIONS FOR IMPROVED OCCUPANT PROTEC13 TION AND MOTORCOACH CRASH AVOIDANCE. 

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

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

16 Act, the Secretary shall prescribe the following regula17 tions: 

18 (1) SAFETY BELTS.—The Secretary shall re19 quire safety belts to be installed in motorcoaches at 

20 each designated seating position. 

21 (2) ROOF STRENGTH AND CRUSH RESIST22 ANCE.—The Secretary shall establish improved roof 

23 standards for motorcoaches that substantially im24 prove the resistance of motorcoach roofs to deformaVerDate Mar 15 2010 03:32 Mar 03, 2011 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S453.IS S453

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1 tion and intrusion to prevent serious occupant injury 

2 in rollover crashes involving motorcoaches. 

3 (3) ANTI-EJECTION SAFETY COUNTER4 MEASURES.—The Secretary shall require advanced 

5 glazing to be installed in each motorcoach portal to 

6 prevent partial or complete ejection of passengers of 

7 motorcoaches, including such passengers that are 

8 children. 

9 (4) ROLLOVER CRASH AVOIDANCE.—The Sec10 retary shall require motorcoaches to be equipped 

11 with stability enhancing technology, such as elec12 tronic stability control, or torque vectoring, to re13 duce the number and frequency of rollover crashes 

14 among motorcoaches. 

15 (5) FIREFIGHTING EQUIPMENT.—The Secretary 

16 shall require the installation in motorcoaches of im17 proved fire extinguishers or other readily available 

18 firefighting equipment for the purpose of effectively 

19 extinguishing fires in motorcoaches to prevent pas20 senger deaths and injuries. 

21 (b) REGULATIONS REQUIRED WITHIN 2 YEARS.— 

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

23 Act, the Secretary shall prescribe the following commercial 

24 motor vehicle tire regulations: 


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1 (1) COMMERCIAL MOTOR VEHICLE TIRE PRES2 SURE MONITORING SYSTEMS.— 

3 (A) IN GENERAL.—The Secretary shall 

4 prescribe regulations that require motorcoaches 

5 to be equipped with direct tire pressure moni6 toring systems that warn the operator of a com7 mercial motor vehicle when any tire exhibits a 

8 level of air pressure that is below a specified 

9 level of air pressure established by the Sec10 retary. 

11 (B) PERFORMANCE REQUIREMENTS.—The 

12 regulations prescribed by the Secretary under 

13 this section shall include performance require14 ments to ensure that direct tire pressure moni15 toring systems are capable of performing— 

16 (i) at all times when the ignition lock17 ing system is in the ‘‘On’’ position; 

18 (ii) at all vehicle speeds; 

19 (iii) on all road surfaces; 

20 (iv) during all weather conditions; and 

21 (v) after a repair or other service is 

22 performed on a tire. 

23 (2) TIRE PERFORMANCE STANDARD.—The Sec24 retary shall upgrade performance standards for tires 


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1 used on motorcoaches, including an enhanced endur2 ance test and a new high-speed performance test. 

3 (c) APPLICATION OF REGULATIONS.— 

4 (1) NEW MOTORCOACHES.—Any regulation pre5 scribed pursuant to subsection (a) or (b) shall apply 

6 to all motorcoaches that are manufactured more 

7 than 2 years after the date on which the regulation 

8 is published as a final rule. 

9 (2) RETROFIT REQUIREMENTS FOR EXISTING

10 MOTORCOACHES.—The Secretary may, by regula11 tion, provide for the application of any requirement 

12 established under this section to motorcoaches man13 ufactured before the date on which the requirement 

14 applies to new motorcoaches under paragraph (1) 

15 based on an assessment of the feasibility, benefits, 

16 and costs of retrofitting the older motorcoaches. The 

17 Secretary shall complete an assessment with respect 

18 to safety belt retrofits not later than 2 years after 

19 the date of the enactment of this Act. 

20 SEC. 4. STANDARDS FOR IMPROVED FIRE SAFETY. 

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

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

23 complete an evaluation of the following: 

24 (1) FLAMMABILITY STANDARD FOR EXTERIOR

25 COMPONENTS.—The Secretary shall examine the 


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1 feasibility of establishing requirements for fire hard2 ening or fire resistance of motorcoach exterior com3 ponents to prevent fire and smoke inhalation injuries 

4 to occupants. 

5 (2) SMOKE SUPPRESSION.—The Secretary shall 

6 review Federal motor vehicle safety standard num7 ber 302 (49 CFR 571.302; relating to flammability 

8 of interior materials) to consider more realistic tests 

9 to improve the resistance of motorcoach interiors 

10 and components to burning, prevent inhalation by 

11 passengers of toxic smoke and vapors, and permit 

12 sufficient time for the safe evacuation of passengers 

13 from motorcoaches. 

14 (3) PREVENTION OF, AND RESISTANCE TO, 

15 WHEEL WELL FIRES.—The Secretary shall assess 

16 technologies to prevent and mitigate the propagation 

17 of wheel well fires into the passenger compartment 

18 and substantially reduce occupant deaths and inju19 ries from such fires. 

20 (4) PASSENGER EVACUATION.—The Secretary 

21 shall evaluate requirements for motorcoaches to be 

22 equipped with the following: 

23 (A) IMPROVED EMERGENCY EVACUATION

24 DESIGNS.—Improved emergency exit window, 

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1 signs to expedite access and use by passengers 

2 of motorcoaches under all emergency cir3 cumstances, including crashes and fires. 

4 (B) EMERGENCY INTERIOR LIGHTING.— 

5 Emergency interior lighting systems, including 

6 luminescent or retroreflectorized delineation of 

7 evacuation paths and exits, that are triggered 

8 by a crash or other emergency incidents to ac9 complish more rapid and effective evacuation of 

10 passengers. 

11 (5) AUTOMATIC FIRE SUPPRESSION.—The Sec12 retary shall evaluate requirements for motorcoaches 

13 to be equipped with highly effective fire suppression 

14 systems that automatically respond to and suppress 

15 all fires in such motorcoaches. 

16 (b) PERFORMANCE REQUIREMENTS.—Not later than 

17 3 years after the date of the enactment of this Act, the 

18 Secretary shall issue performance requirements for im19 proved fire safety and passenger evacuation based on the 

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

21 SEC. 5. OCCUPANT PROTECTION AND COLLISION AVOID22 ANCE RESEARCH. 

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

24 2 years after the date of the enactment of this Act, the 

25 Secretary shall complete research on the following: 


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1 (1) COMPARTMENTALIZATION SAFETY COUN2 TERMEASURES.—Enhanced compartmentalization 

3 safety countermeasures for motorcoaches, including 

4 enhanced seating designs, to reduce substantially the 

5 risk of passengers being thrown from their seats and 

6 colliding with other passengers, interior surfaces, 

7 and components in the event of a crash involving a 

8 motorcoach. 

9 (2) INTERIOR IMPACT PROTECTION.—Enhanced 

10 occupant impact protection standards for motor11 coach interiors to reduce substantially serious inju12 ries for all passengers of motorcoaches. 

13 (3) COLLISION AVOIDANCE SYSTEMS.—Forward 

14 and lateral crash warning systems applications for 

15 motorcoaches. 

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

17 2 years after the completion of each research initiative re18 quired under subsection (a), the Secretary shall prescribe 

19 a standard or regulation based on the results of that re20 search. 

21 SEC. 6. NEW ENTRANTS. 

22 (a) REGISTRATION REQUIREMENTS.—Section 

23 13902(b) of title 49, United States Code, is amended— 

24 (1) by redesignating paragraphs (1) through 

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


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1 (2) by inserting before paragraph (2), as redes2 ignated, the following: 

3 ‘‘(1) ADDITIONAL REGISTRATION REQUIRE4 MENTS FOR PROVIDERS OR MOTORCOACH SERV5 ICES.—In addition to meeting the requirements 

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

7 a person to provide motorcoach services only after 

8 that person— 

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

10 audit, including verification, in a manner suffi11 cient to demonstrate the ability to comply with 

12 Federal rules and regulations, of— 

13 ‘‘(i) a drug and alcohol testing pro14 gram consistent with part 40 of title 49, 

15 Code of Federal Regulations; 

16 ‘‘(ii) the carrier’s system of compli17 ance with hours-of-service rules, including 

18 hours-of-service records; 

19 ‘‘(iii) the ability to obtain required in20 surance; 

21 ‘‘(iv) driver qualifications, including 

22 the validity of the commercial driver’s li23 cense of each driver who will be operating 

24 under such authority; 


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1 ‘‘(v) disclosure of common ownership, 

2 common control, common management, 

3 common familial relationship, or other cor4 porate relationship with another motor car5 rier or applicant for motor carrier author6 ity during the most recent 3 years; 

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

8 or of a Level I or Level V Commercial Ve9 hicle Safety Alliance Inspection, for all ve10 hicles that will be operated by the carrier; 

11 ‘‘(vii) safety management programs, 

12 including vehicle maintenance and repair 

13 programs; and 

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

15 Americans with Disabilities Act of 1990 

16 (42 U.S.C. 12101 et seq.) and the Over17 the-Road Bus Transportation Accessibility 

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

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

20 management controls and the carrier’s written 

21 safety oversight policies and practices; and 

22 ‘‘(C) has demonstrated, through the suc23 cessful completion of a written examination de24 veloped by the Secretary, proficiency to comply 


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1 with and carry out the requirements and regu2 lations described in subsection (a)(1).’’. 

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

4 31144(g)(1) of title 49, United States Code, is amended 

5 to read as follows: 

6 ‘‘(1) SAFETY REVIEW.— 

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

8 require, by regulation, each owner and each op9 erator granted new registration under section 

10 13902 to undergo a safety review not later than 

11 18 months after the date on which the owner 

12 or operator, as the case may be, begins oper13 ations under such registration. 

14 ‘‘(B) PROVIDERS OF MOTORCOACH SERV15 ICES.—Safety reviews of owners and operators 

16 registered as providers of motorcoach services 

17 shall be conducted not later than 9 months 

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

19 begins operations under such registration. 

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

21 The pre-authorization safety audit required under 

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

23 than 90 days after the submission of an application 

24 for operating authority.’’. 


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

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

3 after the date of the enactment of this Act. 

4 SEC. 7. REINCARNATED MOTOR CARRIERS. 

5 (a) DENIAL, SUSPENSION, AMENDMENT, OR REV6 OCATION OF REGISTRATION.—Section 13905(d) of title 

7 49, United States Code, is amended— 

8 (1) in paragraph (1)— 

9 (A) by striking ‘‘On application’’ and in10 serting the following: 

11 ‘‘(A) REGISTRANT APPLICATION.—On ap12 plication’’; 

13 (B) by striking ‘‘On complaint’’ and insert14 ing the following: 

15 ‘‘(B) COMPLAINT.—On complaint’’; 

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

17 suspend,’’ and inserting the following: ‘‘the Sec18 retary may— 

19 ‘‘(i) suspend’’; 

20 (D) by striking ‘‘registration; and (B) sus21 pend’’ and inserting the following ‘‘registration; 

22 ‘‘(ii) suspend’’; 

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

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

25 forwarder for— 


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1 ‘‘(I) failure’’; 

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

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

4 ‘‘(II) failure’’; and 

5 (G) by striking ‘‘penalty. Subparagraph 

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

7 ‘‘penalty; and 

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

9 all or part of a registration of a motor car10 rier following a determination by the Sec11 retary that the motor carrier failed to dis12 close in its application for registration a 

13 material fact relevant to its willingness and 

14 ability to comply with— 

15 ‘‘(I) this part; 

16 ‘‘(II) an applicable regulation or 

17 order of the Secretary or the Board; 

18 or 

19 ‘‘(III) a condition of its registra20 tion. 

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

22 shall not apply’’; and 

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

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


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

2 is amended by striking ‘‘registrant’’ and inserting ‘‘reg3 istrant, or if the Secretary determines that the registrant 

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

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

6 (c) DUTIES OF EMPLOYERS AND EMPLOYEES.—Sec7 tion 31135 of such title is amended— 

8 (1) by redesignating subsection (d) as sub9 section (e); and 

10 (2) by inserting after subsection (c) the fol11 lowing: 

12 ‘‘(d) AVOIDING COMPLIANCE.— 

13 ‘‘(1) PROHIBITED ACTIONS.—Two or more em14 ployers may not use common ownership, common 

15 management, common control, or common familial 

16 relationship to enable any or all such employers to 

17 avoid compliance, or mask or otherwise conceal non18 compliance, or a history of noncompliance, with com19 mercial motor vehicle safety regulations issued under 

20 this subchapter, chapter 315, or an order of the Sec21 retary issued under this subchapter, chapter 315, or 

22 such regulations. 

23 ‘‘(2) CIVIL PENALTIES.—If the Secretary deter24 mines that an employer has engaged in any of the 


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1 prohibited actions described in paragraph (1), the 

2 Secretary shall— 

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

4 or part of any such employer’s registration 

5 under section 13905; and 

6 ‘‘(B) take into account such noncompliance 

7 for purposes of determining the amount of the 

8 civil penalty to be assessed under section 

9 521(b)(2)(D).’’. 

10 SEC. 8. IMPROVED OVERSIGHT OF PROVIDERS OF MOTOR11 COACH SERVICES AND OTHER MOTORCOACH 

12 CARRIERS OF PASSENGERS. 

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

14 States Code, is amended by adding at the end the fol15 lowing: 

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

17 MOTORCOACH SERVICES.— 

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

19 after the date of the enactment of the Motorcoach 

20 Enhanced Safety Act of 2011, the Secretary shall— 

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

22 provider of motorcoach services registered with 

23 the Federal Motor Carrier Safety Administra24 tion; and 


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

2 such provider. 

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

4 establish a process, by regulation, for monitoring the 

5 safety performance of each provider of motorcoach 

6 services on a regular basis following the assignment 

7 of a safety fitness rating, including progressive inter8 vention to correct unsafe practices. 

9 ‘‘(3) ENFORCEMENT STRIKE FORCES.—In addi10 tion to the enhanced monitoring and enforcement ac11 tions required under paragraph (2), the Secretary 

12 may organize special enforcement strike forces tar13 geting providers of motorcoach services, when and 

14 where the Secretary considers appropriate. 

15 ‘‘(4) PERIODIC UPDATE OF SAFETY FITNESS

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

17 this subsection, the Secretary shall reassess such 

18 rating not less frequently than every 3 years. 

19 ‘‘(5) PROVIDER OF MOTORCOACH SERVICES DE20 FINED.—In this subsection, the term ‘provider of 

21 motorcoach services’ has the meaning given such 

22 term in section 2 of the Motorcoach Enhanced Safe23 ty Act of 2011.’’. 

24 (b) REVISION OF SAFETY FITNESS RATING METH25 ODOLOGY.—Not later than 1 year after the date of the 


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

2 fitness rating methodology of the Department of Trans3 portation established pursuant to section 31144 of title 

4 49, United States Code, to meet the goals of the safety 

5 recommendation H–99–6 of the National Transportation 

6 Safety Board, issued on February 26, 1999. 

7 (c) HIGH RISK CARRIER COMPLIANCE REVIEWS.— 

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

9 59 (49 U.S.C. 31144 note) is amended by striking ‘‘is 

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

11 inserting ‘‘meets the Safety Measurement System criteria 

12 for being a high risk motor carrier for 2 consecutive 

13 months.’’. 

14 SEC. 9. MOTORCOACH DRIVER TRAINING. 

15 (a) ESTABLISHMENT OF TRAINING CURRICULUM.— 

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

17 after the date of the enactment of this Act, the Sec18 retary shall establish, by regulation, minimum cur19 ricular requirements for entry-level drivers of 

20 motorcoaches and drivers upgrading from 1 class of 

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

22 adopted by public and private schools and motor 

23 carriers and motorcoach operators that provide 

24 training for such drivers. 


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1 (2) CURRICULAR REQUIREMENTS.—The cur2 ricular requirements under paragraph (1) shall in3 clude— 

4 (A) classroom and behind-the-wheel in5 struction that is adequate for training entry6 level drivers of motorcoaches and drivers up7 grading from 1 class of commercial driver’s li8 cense to another class to safely operate 

9 motorcoaches and respond effectively to emer10 gency situations; and 

11 (B) instruction in advanced knowledge and 

12 skills that are necessary to operate 

13 motorcoaches safely, including knowledge and 

14 skills necessary— 

15 (i) to suppress motorcoach fires; and 

16 (ii) to evacuate passengers from 

17 motorcoaches safely. 

18 (b) TRAINING REQUIRED.— 

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

20 each motorcoach driver seeking a commercial driv21 er’s license passenger endorsement to undergo a 

22 training program that includes the minimum cur23 ricular requirements established under subsection (a) 

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

25 passenger endorsement. 


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1 (2) CERTIFICATE REQUIRED.—The Secretary 

2 shall require that— 

3 (A) each trainer of a driver seeking a com4 mercial driver’s license passenger endorsement 

5 to issue a certificate to the trainee and the ap6 propriate State licensing authority certifying 

7 that the trainee has completed a motorcoach 

8 driver training course that includes the cur9 ricular requirements established under sub10 section (a); 

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

12 the commercial driver’s license passenger en13 dorsement to present the certificate to a State 

14 licensing authority; 

15 (C) the State licensing authority to com16 pare the certificate presented by the applicant 

17 with the certificate provided by the driver train18 ing school; and 

19 (D) the State licensing authority to refuse 

20 to administer the test if the certificates are not 

21 the same. 

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

23 OF ESTABLISHING A SYSTEM OF CERTIFICATION OF

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

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1 mit a report to the Committee on Commerce, Science, and 

2 Transportation of the Senate and the Committee on En3 ergy and Commerce of the House of Representatives that 

4 describes the feasibility, benefits, and costs of establishing 

5 a system of certification of public and private schools and 

6 of motor carriers and motorcoach operators that provide 

7 motorcoach driver training, in accordance with the cur8 ricular requirements established by the Secretary under 

9 subsection (a). 

10 SEC. 10. IMPROVED TESTING FOR THE COMMERCIAL DRIV11 ER’S LICENSE PASSENGER ENDORSEMENT. 

12 (a) INCREASED STRINGENCY OF EXAMINATION FOR

13 COMMERCIAL DRIVER’S LICENSE PASSENGER-CARRYING

14 ENDORSEMENT.— 

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

16 after the date of the enactment of this Act, the Sec17 retary, after consultation with the American Associa18 tion of Motor Vehicle Administrators, shall issue a 

19 final rule in Docket No. FMCSA 2007–27659: Com20 mercial Driver’s License Testing and Commercial 

21 Learner’s Permit Standards that improves the qual22 ity and stringency of the examination for the com23 mercial driver’s license passenger-carrying endorse24 ment. 


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1 (2) REQUIREMENTS.—The final rule issued 

2 under paragraph (1) shall require— 

3 (A) a more stringent knowledge test than 

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

5 the enactment of this Act; and 

6 (B) a more stringent examination of the 

7 driving skills necessary to operate safely a for8 hire passenger-carrying commercial motor vehi9 cle than the examination of such skills in effect 

10 on the day before the date of the enactment of 

11 this Act. 

12 (b) MODIFICATION OF REQUIREMENTS FOR COM13 MERCIAL DRIVER’S LICENSE PASSENGER-CARRYING EN14 DORSEMENT.—The Secretary shall require, by regulation, 

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

16 more than 15 passengers (including the driver) in inter17 state commerce through the operation of a commercial 

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

19 United States Code)— 

20 (1) has a commercial driver’s license passenger21 carrying endorsement; and 

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

23 and alcohol testing program that is consistent with 

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


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1 SEC. 11. IMPROVED PHYSICAL FITNESS OVERSIGHT AND 

2 COMMERCIAL DRIVER MEDICAL CERTIFI3 CATES. 

4 (a) MEDICAL REVIEW BOARD FUNCTIONS.—Section 

5 31149(a)(1) of title 49, United States Code, is amended— 

6 (1) by striking ‘‘recommendations on medical 

7 standards’’ and inserting the following: ‘‘rec8 ommendations concerning— 

9 ‘‘(A) medical standards’’; and 

10 (2) by striking ‘‘medical research.’’ and insert11 ing the following: ‘‘medical research; and 

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

13 medical examiners for admission to the national 

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

15 (b) EXAMINATION REQUIREMENTS FOR LISTING IN

16 THE NATIONAL REGISTRY OF MEDICAL EXAMINERS.— 

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

18 as follows: 

19 ‘‘(D) develop requirements applicable to a 

20 medical examiner seeking to be listed in the na21 tional registry, including— 

22 ‘‘(i) specific courses and materials 

23 that must be completed to be listed in the 

24 national registry; 

25 ‘‘(ii) a rigorous written examination 

26 for which a passing grade must be 


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1 achieved to be listed in the national reg2 istry; 

3 ‘‘(iii) certification (including self-cer4 tification), as appropriate, to verify that 

5 the medical examiner has completed train6 ing, including refresher courses, that the 

7 Secretary determines are necessary to be 

8 listed in the national registry; and 

9 ‘‘(iv) demonstration of the willingness 

10 and ability of a medical examiner to com11 ply with any reporting requirements estab12 lished by the Secretary;’’. 

13 (c) MEDICAL EXAMINATION FORM COMPARISONS.— 

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

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

16 requires any medical examiner who performs a medical ex17 amination to certify an applicant for a commercial driver’s 

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

19 Regulations, to submit the form for such examination re20 quired under subsection (f) of such section (as in effect 

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

22 to the appropriate State licensing agency. 

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

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


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

2 the end; 

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

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

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

6 ‘‘(Y) requires State licensing authorities to 

7 compare the forms they receive pursuant to the 

8 regulation prescribed under section 11(c) of the 

9 Motorcoach Enhanced Safety Act of 2011 with 

10 the medical examiner’s certificate required 

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

12 Federal Regulations (as in effect on the day be13 fore the date of the enactment of that Act), to 

14 determine the accuracy and validity of the in15 formation contained in such forms and certifi16 cates.’’. 

17 (e) ADDITIONAL OVERSIGHT OF LICENSING AU18 THORITIES.— 

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

20 49, United States Code, is amended— 

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

22 ‘‘and’’ at the end; 

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

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

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


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1 ‘‘(G) annually review the licensing authori2 ties of 10 States to assess the accuracy, valid3 ity, and timeliness of physical examination re4 ports and medical certificates submitted by cer5 tified medical examiners to such State licensing 

6 agencies and the processing of such submissions 

7 by the licensing authorities.’’. 

8 (2) INTERNAL OVERSIGHT POLICY.— 

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

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

11 Secretary shall establish an oversight policy and 

12 process within the Department of Transpor13 tation for purposes of carrying out section 

14 31149(c)(1)(G) of title 49, United States Code, 

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

16 (B) EFFECTIVE DATE.—Section 

17 31149(c)(1)(G) of title 49, United States Code, 

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

19 on the date on which the oversight policies and 

20 processes are established pursuant to subpara21 graph (A). 

22 (f) DEADLINE FOR ESTABLISHMENT OF NATIONAL

23 REGISTRY OF MEDICAL EXAMINERS.—Not later than 6 

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

25 Secretary shall establish a national registry of medical exVerDate Mar 15 2010 03:32 Mar 03, 2011 Jkt 099200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\S453.IS S453

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1 aminers as required under section 31149(d)(1) of title 49, 

2 United States Code. 

3 SEC. 12. SAFETY AND ENFORCEMENT TECHNOLOGY FOR 

4 MOTORCOACHES. 

5 (a) ELECTRONIC ON-BOARD RECORDERS.— 

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

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

8 shall prescribe regulations requiring that all 

9 motorcoaches used by any motor carrier in interstate 

10 commerce be equipped with electronic on-board re11 corders. 

12 (2) PERFORMANCE REQUIREMENTS.—The regu13 lations prescribed by the Secretary under paragraph 

14 (1) shall include performance requirements to ensure 

15 that electronic on-board recorders— 

16 (A) accurately record commercial driver 

17 hours of service; 

18 (B) allow tracking of driver and vehicle lo19 cation; and 

20 (C) are tamper resistant. 

21 (3) EFFECTIVE DATE.—The regulations pre22 scribed under this subsection shall— 

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

24 after the date on which the regulation is pub25 lished as a final rule; and 


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1 (B) apply to all motorcoaches described in 

2 paragraph (1). 

3 (b) EVENT DATA RECORDERS.— 

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

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

6 shall complete an evaluation of event data recorders, 

7 including requirements regarding specific types of 

8 vehicle operations, events and incidents, and systems 

9 information to be recorded, for event data recorders 

10 to be used on motorcoaches used by motor carriers 

11 in interstate commerce. For this purpose, the Sec12 retary shall consider the performance requirements 

13 for event data recorders for passenger vehicles under 

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

15 (2) STANDARDS AND REGULATIONS.—Not later 

16 than 1 year after completing the evaluation required 

17 under paragraph (1), the Secretary shall issue 

18 standards and regulations based on the results of 

19 such evaluation. 

20 SEC. 13. SAFETY INSPECTION PROGRAM FOR COMMERCIAL 

21 MOTOR VEHICLES OF PASSENGERS. 

22 Not later than 3 years after the date of the enact23 ment of this Act, the Secretary shall complete a rule24 making proceeding to consider requiring States to conduct 


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1 annual inspections of commercial motor vehicles designed 

2 or used to transport passengers, including— 

3 (1) an assessment of the risks associated with 

4 improperly maintained or inspected commercial 

5 motor vehicles designed or used to transport pas6 sengers; 

7 (2) an assessment of the effectiveness of cur8 rent Federal standards for the inspection of such ve9 hicles in mitigating the risks described in paragraph 

10 (1) and to ensure the safe and proper operation con11 dition of such vehicles; and 

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

13 a mandatory State inspection program. 

14 SEC. 14. DISTRACTED DRIVING. 

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

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

17 end the following: 

18 ‘‘§ 31152. Regulation of the use of distracting devices 

19 in motorcoaches 

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

21 date of the enactment of the Motorcoach Enhanced Safety 

22 Act of 2011, the Secretary of Transportation shall pre23 scribe regulations on the use of electronic or wireless de24 vices, including cell phones and other distracting devices, 


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1 by an individual employed as the operator of a motorcoach 

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

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

4 base the regulations required under subsection (a) on acci5 dent data analysis, the results of ongoing research, and 

6 other information, as appropriate. 

7 ‘‘(c) PROHIBITED USE.—Except as provided in sub8 section (d), the Secretary shall prohibit the use of the de9 vices set forth in subsection (a) in circumstances in which 

10 the Secretary determines that their use interferes with the 

11 driver’s safe operation of a motorcoach. 

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

13 Secretary may permit the use of a device otherwise prohib14 ited under subsection (c) if the Secretary determines that 

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

16 public in emergency circumstances.’’. 

17 (b) CONFORMING AMENDMENT.—The table of con18 tents for chapter 311 of title 49, United States Code, is 

19 amended by inserting after the item relating to section 

20 31151 the following: 

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

21 SEC. 15. MOTORCOACH RENTAL OR LEASING COMPANIES. 

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

23 amended to read as follows: 

24 ‘‘(3) ‘employer’— 


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

2 affecting interstate commerce that— 

3 ‘‘(i) owns or leases a commercial 

4 motor vehicle in connection with that busi5 ness, or assigns and employee to operate 

6 it; or 

7 ‘‘(ii) offers for rent or lease motor ve8 hicles designed or used to transport more 

9 than 15 passengers, including the driver, 

10 and from the same location or as part of 

11 the same business provides names or con12 tact information of drivers, or holds itself 

13 out to the public as a charter bus com14 pany; and 

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

16 an employee of the United States Government, 

17 a State, or a political subdivision of a State act18 ing in the course of that individual’s employ19 ment as such an employee.’’. 

20 SEC. 16. REGULATIONS. 

21 Any standard or regulation prescribed or modified 

22 pursuant to this Act shall be prescribed or modified in 

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

Æ 


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