I 

111TH CONGRESS 

2D SESSION H. R. 6441 

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

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 18, 2010 

Mr. LEWIS of Georgia introduced the following bill; which was referred to the 

Committee on Transportation and Infrastructure, and in addition to the 

Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions 

as fall within the jurisdiction of the committee concerned 

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 2010’’. 

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 collision avoidance. 

Sec. 4. Standards for improved fire safety. 

Sec. 5. Occupant protection and collision avoidance research. 


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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. 

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 


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1 that is capable of directly detecting when the air 

2 pressure level in any tire is significantly under-in3 flated and providing the driver a low tire pressure 

4 warning as to which specific tire is significantly 

5 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 means a bus with a gross vehicle weight rating of 

25 26,000 pounds or greater, 16 or more designated 


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1 seating positions (including the driver), and at least 

2 2 rows of passenger seats rearward of the driver’s 

3 seating position that are forward-facing or can be 

4 converted to forward-facing without the use of tools, 

5 but does not include— 

6 (A) a bus used in transit service provided 

7 by a State or local government; or 

8 (B) a school bus, including a multifunction 

9 school activity bus. 

10 (9) MOTORCOACH SERVICES.—The term ‘‘mo11 torcoach services’’ means passenger transportation 

12 by motorcoach for compensation. 

13 (10) MULTIFUNCTION SCHOOL ACTIVITY

14 BUSES.—The term ‘‘multifunction school activity 

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

16 571.3(b) of title 49, Code of Federal Regulations (as 

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

18 this Act). 

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

20 opening on the front, sides, rear, or roof of a motor21 coach that could, in the event of a crash involving 

22 the motorcoach, permit the partial or complete ejec23 tion of any occupant from the motorcoach, including 

24 a young child. 


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1 (12) PROVIDER OF MOTORCOACH SERVICES.— 

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

3 a motor carrier that provides passenger transpor4 tation services with a motorcoach, including per-trip 

5 compensation and contracted or chartered com6 pensation. 

7 (13) 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 (14) SECRETARY.—The term ‘‘Secretary’’ 

11 means the Secretary of Transportation. 

12 (15) TRANSIT SERVICE.—The term ‘‘transit 

13 service’’ means motorcoach service characterized by 

14 operating speeds of less than 45 miles per hour and 

15 frequent stops. 

16 SEC. 3. REGULATIONS FOR IMPROVED OCCUPANT PROTEC17 TION AND COLLISION AVOIDANCE. 

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

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

20 Act, the Secretary shall prescribe regulations as follows: 

21 (1) SAFETY BELTS.—The Secretary shall issue 

22 a final rule in Docket No. NHTSA 2010–0112: Fed23 eral Motor Vehicle Standards; Motorcoach Defini24 tion; Occupant Crash Protection, to require safety 


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1 belts to be installed in motorcoaches at each des2 ignated seating position. 

3 (2) FIREFIGHTING EQUIPMENT.—The Secretary 

4 shall require the installation in motorcoaches of im5 proved fire extinguishers or other readily available 

6 firefighting equipment for the purpose of effectively 

7 extinguishing fires in motorcoaches to prevent pas8 senger deaths and injuries. 

9 (b) REGULATIONS REQUIRED WITHIN 18 

10 MONTHS.—Not later than 18 months after the date of the 

11 enactment of this Act, the Secretary shall prescribe regu12 lations— 

13 (1) establishing improved roof standards for 

14 motorcoaches that substantially improve the resist15 ance of motorcoach roofs to deformation and intru16 sion to prevent serious occupant injury in rollover 

17 crashes involving motorcoaches; and 

18 (2) requiring advanced glazing to be installed in 

19 each motorcoach portal to prevent partial or com20 plete ejection of passengers of motorcoaches, includ21 ing such passengers that are children. 

22 (c) REGULATIONS REQUIRED WITHIN 2 YEARS.— 

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

24 Act, the Secretary shall prescribe commercial motor vehi25 cle regulations as follows: 


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1 (1) ROLLOVER CRASH AVOIDANCE.—The Sec2 retary shall require motorcoaches to be equipped 

3 with stability enhancing technology, such as elec4 tronic stability control, or torque vectoring, to re5 duce the number and frequency of rollover crashes 

6 among motorcoaches. 

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

9 (A) The Secretary shall issue regulations 

10 that require motorcoaches to be equipped with 

11 direct tire pressure monitoring systems that 

12 warn the operator of a commercial motor vehi13 cle when any tire exhibits a level of air pressure 

14 that is below a specified level of air pressure es15 tablished by the Secretary. 

16 (B) The regulations prescribed by the Sec17 retary under this section shall include perform18 ance requirements to ensure that direct tire 

19 pressure monitoring systems are capable of— 

20 (i) providing a warning to the driver 

21 when 1 or more tires are underinflated; 

22 (ii) activating in a specified time pe23 riod after the under-inflation is detected; 

24 and 


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1 (iii) operating at different vehicle 

2 speeds. 

3 (3) TIRE PERFORMANCE STANDARD.—The Sec4 retary shall upgrade performance standards for tires 

5 used on motorcoaches, including an enhanced endur6 ance test and a new high-speed performance test. 

7 (d) APPLICATION OF REGULATIONS.— 

8 (1) NEW MOTORCOACHES.—A regulation pre9 scribed in accordance with subsection (a), (b), or (c) 

10 shall apply to all motorcoaches manufactured more 

11 than 2 years after the date on which the regulation 

12 is published as a final rule. 

13 (2) RETROFIT REQUIREMENTS FOR EXISTING

14 MOTORCOACHES.—The Secretary may, by regula15 tion, provide for the application of any requirement 

16 established under this section to motorcoaches man17 ufactured before the date on which the requirement 

18 applies to new motorcoaches under paragraph (1) 

19 based on an assessment of the feasibility, benefits, 

20 and costs of retrofitting such motorcoaches. The 

21 Secretary shall complete an assessment with respect 

22 to safety belt retrofits no later than 2 years after 

23 the date of enactment of this Act. 


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1 SEC. 4. STANDARDS FOR IMPROVED FIRE SAFETY. 

2 (a) EVALUATIONS.—Within 18 months after the date 

3 of enactment of this Act, the Secretary shall complete an 

4 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 and permit sufficient 

17 time for the safe evacuation of passengers from 

18 motorcoaches. 

19 (3) PREVENTION OF, AND RESISTANCE TO, 

20 WHEEL WELL FIRES.—The Secretary shall assess 

21 technologies to prevent and mitigate the propagation 

22 of wheel well fires into the passenger compartment 

23 and substantially reduce occupant deaths and inju24 ries from such fires. 


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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 enactment of this Act, the Sec24 retary shall issue performance requirements for improved 


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1 fire safety and passenger evacuation based on the results 

2 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 enactment of this Act, the Sec7 retary 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 

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1 quired by subsection (a), the Secretary shall issue a stand2 ard or regulation based on the results of that research. 

3 SEC. 6. NEW ENTRANTS. 

4 (a) REGISTRATION REQUIREMENTS.—Section 

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

6 redesignating paragraphs (1) through (8) as paragraphs 

7 (3) through (10), respectively, and inserting before para8 graph (3), as redesignated, the following: 

9 ‘‘(1) ADDITIONAL REGISTRATION REQUIRE10 MENTS FOR PROVIDERS OR MOTORCOACH SERV11 ICES.—In addition to meeting the requirements of 

12 subsection (a)(1), the Secretary may register a per13 son to provide motorcoach services only after that 

14 person— 

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

16 audit, including verification, in a manner suffi17 cient to demonstrate the ability to comply with 

18 Federal rules and regulations, of— 

19 ‘‘(i) a drug and alcohol testing pro20 gram consistent with part 40 of title 49, 

21 Code of Federal Regulations; 

22 ‘‘(ii) the carrier’s system of compli23 ance with hours-of-service rules, including 

24 hours-of-service records; 


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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 over the past 3 years; 

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

14 or of a Level I or V Commercial Vehicle 

15 Safety Alliance Inspection, for all vehicles 

16 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); 


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

10 The pre-authorization safety audit required by para11 graph (1)(A) shall be completed on-site no later than 

12 90 days following the submission of an application 

13 for operating authority. 

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

15 section 9701 of title 31, a fee of not more than 

16 $1,200 for new registrants that as nearly as possible 

17 covers the costs of performing a preauthorization 

18 safety audit. An amount collected under this sub19 section shall be deposited in the Highway Trust 

20 Fund (other than the Mass Transit Account).’’. 

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

22 31144(g)(1) of title 49, United States Code, is amended 

23 by inserting ‘‘transporting property’’ after ‘‘each oper24 ator’’. 


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

2 this section shall take effect 1 year after the date of enact3 ment of this Act. 

4 SEC. 7. REINCARNATED CARRIERS. 

5 (a) REGISTRATION REQUIREMENTS.—Section 

6 13902(b) of title 49, United States Code, is amended by 

7 redesignating paragraphs (1) through (8) as paragraphs 

8 (2) through (9), respectively, and inserting before para9 graph (2), as redesignated, the following: 

10 ‘‘(1) DISCLOSURE OF PRIOR RELATIONSHIPS.— 

11 In addition to meeting the requirements under sub12 section (a)(1), the Secretary shall require applicants 

13 for authority to transport passengers to disclose any 

14 relationship involving common ownership, common 

15 management, or common familial relationship be16 tween that person and any other motor carrier, if 

17 the relationship occurred in the 3-year period pre18 ceding the date of the filing of the application for 

19 registration.’’. 

20 (b) DENIAL, SUSPENSION, AMENDMENT, OR REV21 OCATION OF REGISTRATION.—Section 13905(d)(1) of title 

22 49, United States Code, is amended— 

23 (1) by striking ‘‘registration; and’’ and insert24 ing ‘‘registration;’’; 


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1 (2) by striking ‘‘penalty.’’ and inserting ‘‘pen2 alty; and (C) deny, suspend, amend, or revoke all or 

3 part of a registration of a motor carrier following a 

4 determination by the Secretary that the motor car5 rier failed to disclose in its application for registra6 tion a material fact relevant to its willingness and 

7 ability to comply with— 

8 ‘‘(i) this part; 

9 ‘‘(ii) an applicable regulation or order of 

10 the Secretary or the Board; or 

11 ‘‘(iii) a condition of its registration.’’. 

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

13 is amended by striking ‘‘registrant’’ and inserting ‘‘reg14 istrant, or if the Secretary determines that the registrant 

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

16 registration in accordance with subsection (d)(1)(C),’’. 

17 (d) DUTIES OF EMPLOYERS AND EMPLOYEES.—Sec18 tion 31135 of such title is amended— 

19 (1) by redesignating subsection (d) as sub20 section (e); and 

21 (2) by inserting after subsection (c) the fol22 lowing: 

23 ‘‘(d) AVOIDING COMPLIANCE.—Two or more employ24 ers shall not use common ownership, common manage25 ment, common control, or common familial relationship to 


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1 enable any or all such employers to avoid compliance, or 

2 mask or otherwise conceal noncompliance, or a history of 

3 noncompliance, with commercial motor vehicle safety regu4 lations issued under this subchapter, chapter 315, or an 

5 order of the Secretary issued under this subchapter, chap6 ter 315, or such regulations. If the Secretary determines 

7 that actions described in the preceding sentence have oc8 curred, the Secretary shall deny, suspend, amend, or re9 voke all or part of any such employer’s registration under 

10 section 13905, and shall take into account such non11 compliance for purposes of determining civil penalty 

12 amount under section 521(b)(2)(D).’’. 

13 SEC. 8. IMPROVED OVERSIGHT OF MOTORCOACH SERVICE 

14 PROVIDERS. 

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

16 States Code, is amended by adding at the end the fol17 lowing: 

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

19 MOTORCOACH SERVICES.— 

20 ‘‘(1) SAFETY REVIEW.— 

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

22 determine the safety fitness of all providers of 

23 motorcoach services registered with the Federal 

24 Motor Carrier Safety Administration and assign 

25 a safety fitness rating to each such provider. 


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

2 shall apply— 

3 ‘‘(i) to any provider of motorcoach 

4 services registered with the Administration 

5 after the date of enactment of the Motor6 coach Enhanced Safety Act of 2010, not 

7 later than 2 years after the date of reg8 istration; and 

9 ‘‘(ii) to any provider of motorcoach 

10 services registered with the Administration 

11 on or before the date of enactment of that 

12 Act, not later than 3 years after the date 

13 of enactment of that Act. 

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

15 establish a process, by regulation, for monitoring the 

16 safety performance of each provider of motorcoach 

17 services on a regular basis following the assignment 

18 of a safety fitness rating, including progressive inter19 vention to correct unsafe practices. 

20 ‘‘(3) ENFORCEMENT STRIKE FORCES.—In addi21 tion to the enhanced monitoring and enforcement ac22 tions required under paragraph (2), the Secretary 

23 may organize special enforcement strike forces tar24 geting providers of motorcoach services, when and 

25 where the Secretary considers appropriate. 


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1 ‘‘(4) PERIODIC UPDATE OF SAFETY FITNESS

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

3 this subsection, the Secretary shall reassess such 

4 rating no less frequently than every 3 years. 

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

6 this subsection, the term ‘provider of motorcoach 

7 services’ has the meaning provided such term in sec8 tion 2 of the Motorcoach Enhanced Safety Act of 

9 2010.’’ 

10 (b) REVISION OF SAFETY FITNESS RATING METH11 ODOLOGY.—Not later than one year after the date of en12 actment of this Act, the Secretary shall revise the safety 

13 fitness rating methodology of the Department of Trans14 portation established pursuant to section 31144 of title 

15 49, United States Code, to meet the goals of the safety 

16 recommendation H–99–6 of the National Transportation 

17 Safety Board issued February 26, 1999. 

18 (c) HIGH RISK CARRIER COMPLIANCE REVIEWS.— 

19 The second sentence of section 4138 of Public law 109– 

20 59 (49 U.S.C. 31144 note) is amended by striking ‘‘is 

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

22 inserting ‘‘meets the Safety Measurement System criteria 

23 for being a high risk motor carrier for 2 consecutive 

24 months.’’. 


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1 SEC. 9. MOTORCOACH DRIVER TRAINING. 

2 (a) ESTABLISHMENT OF TRAINING CURRICULUM.— 

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

4 after the date of enactment of this Act, the Sec5 retary shall establish, by regulation, minimum cur6 ricular requirements for entry-level drivers of 

7 motorcoaches and drivers upgrading from one class 

8 of commercial driver’s license to another, to be 

9 adopted by public and private schools and motor 

10 carriers and motorcoach operators that provide 

11 training for such drivers. 

12 (2) CURRICULAR REQUIREMENTS.—The cur13 ricular requirements under paragraph (1) shall in14 clude the following: 

15 (A) Classroom and behind-the-wheel in16 struction that is adequate for training entry17 level drivers of motorcoaches and drivers up18 grading from one class of commercial driver’s 

19 license to another to safely operate 

20 motorcoaches and respond effectively to emer21 gency situations. 

22 (B) Instruction in advanced knowledge and 

23 skills that are necessary to operate 

24 motorcoaches safely, including knowledge and 

25 skills necessary— 

26 (i) to suppress motorcoach fires; and 


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1 (ii) to evacuate passengers from 

2 motorcoaches safely. 

3 (b) TRAINING REQUIRED.— 

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

5 each motorcoach driver seeking a commercial driv6 er’s license passenger endorsement to undergo a 

7 training program that includes the minimum cur8 ricular requirements established under subsection (a) 

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

10 passenger endorsement. 

11 (2) VERIFICATION REQUIRED.—The Secretary 

12 shall require that— 

13 (A) each trainer of a driver seeking a com14 mercial driver’s license passenger endorsement 

15 shall submit to the appropriate State licensing 

16 authority information on any driver that has 

17 successfully completed a motorcoach driver 

18 training course that includes the curricular re19 quirements established under subsection (a); 

20 and 

21 (B) the State licensing authority may not 

22 administer the skills test for the passenger en23 dorsement nor issue a passenger endorsement 

24 to a driver unless the State licensing authority 

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1 pleted a motorcoach driver training course as 

2 required by subparagraph (A). 

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

4 OF ESTABLISHING A SYSTEM OF CERTIFICATION OF

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

6 date of enactment of this Act, the Secretary shall submit 

7 a report to the Senate Committee on Commerce, Science, 

8 and Transportation and the House of Representatives 

9 Committee on Energy and Commerce on the feasibility, 

10 benefits, and costs of establishing a system of certification 

11 of public and private schools and of motor carriers and 

12 motorcoach operators that provide motorcoach driver 

13 training in accordance with the curricular requirements 

14 established by the Secretary under subsection (a). 

15 (d) NONPREEMPTION OF STATE PROGRAMS.—The 

16 minimum curricular requirements required by this section 

17 do not preempt any State or local law or regulation impos18 ing additional or more stringent requirements unless the 

19 Secretary determines that— 

20 (1) the law or regulation is incompatible with 

21 the regulation prescribed by the Secretary; or 

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

23 law or regulation would impose an unreasonable bur24 den on interstate commerce. 


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1 SEC. 10. IMPROVED TESTING FOR THE COMMERCIAL DRIV2 ER’S LICENSE PASSENGER ENDORSEMENT. 

3 (a) INCREASED STRINGENCY OF EXAMINATION FOR

4 COMMERCIAL DRIVER’S LICENSE PASSENGER-CARRYING

5 ENDORSEMENT.— 

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

7 after the date of enactment of this Act, the Sec8 retary shall issue a final rule in Docket No. FMCSA 

9 2007–27659: Commercial Driver’s License Testing 

10 and Commercial Learner’s Permit Standards that 

11 improves the quality and stringency of the examina12 tion for the commercial driver’s license passenger13 carrying endorsement. The final rule shall require— 

14 (A) a more stringent knowledge test than 

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

16 enactment of this Act; and 

17 (B) a more stringent examination of the 

18 driving skills necessary to operate safely a for19 hire passenger-carrying commercial motor vehi20 cle than the examination of such skills in effect 

21 on the day before the date of enactment of this 

22 Act. 

23 (2) CONSULTATION.—The Secretary shall con24 sult with the American Association of Motor Vehicle 

25 Administrators in carrying out paragraph (1). 


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1 (b) REPORT ON DRIVER’S LICENSE REQUIREMENTS

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

3 months after the date of enactment of this Act, the Sec4 retary shall submit a plan to the Senate Committee on 

5 Commerce, Science, and Transportation and the House of 

6 Representatives Committee on Transportation and Infra7 structure for requiring that all or certain classes of driv8 ers— 

9 (1) have a commercial driver’s license pas10 senger-carrying endorsement in order to operate a 

11 commercial motor vehicle (as defined in section 

12 31301(4) of title 49, United States Code) and trans13 port not less than 9 and not more than 15 pas14 sengers (including a driver) in interstate commerce; 

15 and 

16 (2) be tested in accordance with a drug and al17 cohol testing program consistent with part 40 of 

18 title 49, Code of Federal Regulations. 

19 SEC. 11. IMPROVED PHYSICAL FITNESS OVERSIGHT AND 

20 COMMERCIAL DRIVER MEDICAL CERTIFI21 CATES. 

22 (a) MEDICAL REVIEW BOARD FUNCTIONS.—Section 

23 31149(a)(1) of title 49, United States Code, is amended— 

24 (1) by inserting ‘‘(A)’’ after ‘‘recommendations 

25 on’’; 


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1 (2) by striking ‘‘research.’’ and inserting ‘‘re2 search and (B) advice and recommendations con3 cerning the criteria to be used for evaluating medical 

4 examiners for admission to the national registry es5 tablished under this section.’’. 

6 (b) EXAMINATION REQUIREMENTS FOR LISTING IN

7 THE NATIONAL REGISTRY OF MEDICAL EXAMINERS.— 

8 Section 31149(c)(1)(D) of title 49, United States Code, 

9 is amended to read as follows: 

10 ‘‘(D) develop requirements applicable to a 

11 medical examiner seeking to be listed in the na12 tional registry, including— 

13 ‘‘(i) specific courses and materials 

14 that must be completed to be listed in the 

15 national registry; 

16 ‘‘(ii) a rigorous written examination 

17 for which a passing grade must be 

18 achieved to be listed in the national reg19 istry; 

20 ‘‘(iii) certification (including self-cer21 tification), as appropriate, to verify that 

22 the medical examiner has completed train23 ing, including refresher courses, that the 

24 Secretary determines are necessary to be 

25 listed in the national registry; and 


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1 ‘‘(iv) demonstration of the willingness 

2 and ability of a medical examiner to com3 ply with any reporting requirements estab4 lished by the Secretary;’’. 

5 (c) MEDICAL EXAMINATION FORM COMPARISONS.— 

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

7 this Act, the Secretary shall require by regulation that 

8 each time a medical examiner performs a medical exam9 ination to certify an applicant for a commercial driver’s 

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

11 Regulations, such medical examiner shall submit to the 

12 appropriate State licensing agency the form for such ex13 amination required by section 391.43(f) of such title (as 

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

15 Act). 

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

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

18 (1) by striking ‘‘and’’ after the semicolon in 

19 subparagraph (W); 

20 (2) by striking ‘‘stop.’’ in subparagraph (X) 

21 and inserting ‘‘stop; and’’; and 

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

23 ‘‘(Y) requires State licensing authorities to 

24 compare the forms they receive pursuant to sec25 tion 11(c) of the Motorcoach Enhanced Safety 


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1 Act of 2010 with the medical examiner’s certifi2 cate required by section 391.43(g) of title 49, 

3 Code of Federal Regulations (as in effect on the 

4 day before the date of enactment of that Act), 

5 to determine the accuracy and validity of the 

6 information contained in such forms and certifi7 cates.’’. 

8 (e) ADDITIONAL OVERSIGHT OF LICENSING AU9 THORITIES.— 

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

11 49, United States Code, is amended— 

12 (A) by striking ‘‘basis; and’’ in subpara13 graph (E) and inserting ‘‘basis;’’; 

14 (B) by striking ‘‘certification.’’ in subpara15 graph (F) and inserting ‘‘certification; and’’; 

16 and 

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

18 ‘‘(G) each year, review the licensing au19 thorities of 10 States to assess the accuracy, 

20 validity, and timeliness of physical examination 

21 reports and medical certificates submitted by 

22 certified medical examiners to such State licens23 ing agencies and the processing of such submis24 sions by the licensing authorities.’’. 

25 (2) INTERNAL OVERSIGHT POLICY.— 


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

2 after the date of enactment of this Act, the Sec3 retary shall establish an oversight policy and 

4 process within the Department of Transpor5 tation for purposes of carrying out the require6 ment of subparagraph (G) of such section 

7 31149(c)(1), as added by paragraph (1). 

8 (B) EFFECTIVE DATE.—The requirement 

9 of subparagraph (G) of section 31149(c)(1) of 

10 title 49, United States Code, shall take effect 

11 on the date that the oversight policies and proc12 esses are established pursuant to subparagraph 

13 (A). 

14 (f) DEADLINE FOR ESTABLISHMENT OF NATIONAL

15 REGISTRY OF MEDICAL EXAMINERS.—Not later than 6 

16 months after the date of enactment of this Act, the Sec17 retary shall establish a national registry of medical exam18 iners as required by section 31149(d)(1) of title 49, 

19 United States Code. 

20 SEC. 12. SAFETY AND ENFORCEMENT TECHNOLOGY FOR 

21 MOTORCOACHES. 

22 (a) ELECTRONIC ON-BOARD RECORDERS.— 

23 (1) IN GENERAL.— 

24 (A) Not later than 1 year after the date of 

25 enactment of this Act, the Secretary shall preVerDate Mar 15 2010 02:39 Nov 19, 2010 Jkt 099200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\H6441.IH H6441

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1 scribe regulations requiring that all 

2 motorcoaches used by a motor carrier in inter3 state commerce be equipped with electronic on4 board recorders. 

5 (B) The regulations prescribed by the Sec6 retary under this section shall include perform7 ance requirements to ensure that electronic on8 board recorders— 

9 (i) accurately record commercial driv10 er hours of service; 

11 (ii) allow tracking of driver and vehi12 cle location; and 

13 (iii) are tamper resistant. 

14 (2) APPLICABILITY.—The regulations pre15 scribed under paragraph (1) shall apply to all such 

16 motorcoaches beginning on the date that is 2 years 

17 after the date on which the regulation is published 

18 as a final rule. 

19 (b) EVENT DATA RECORDERS.— 

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

21 the date of enactment of this Act, the Secretary 

22 shall complete an evaluation of event data recorders, 

23 including requirements regarding specific types of 

24 vehicle operations, events and incidents, and systems 

25 information to be recorded, for event data recorders 


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1 to be used on motorcoaches used by motor carriers 

2 in interstate commerce. For this purpose, the Sec3 retary shall consider the performance requirements 

4 for event data recorders for passenger vehicles under 

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

6 (2) STANDARDS AND REGULATIONS.—Within 2 

7 years after completing the evaluation required by 

8 paragraph (1), the Secretary shall issue standards 

9 and regulations based on the results of that evalua10 tion. 

11 SEC. 13. SAFETY INSPECTION PROGRAM FOR COMMERCIAL 

12 MOTOR VEHICLES OF PASSENGERS. 

13 Not later than 3 years after the date of enactment 

14 of this Act, the Secretary shall complete a rulemaking pro15 ceeding to consider requiring States to conduct annual in16 spections of commercial motor vehicles designed or used 

17 to transport passengers, including— 

18 (1) an assessment of the risks associated with 

19 improperly maintained or inspected commercial 

20 motor vehicles designed or used to transport pas21 sengers; 

22 (2) an assessment of the effectiveness of cur23 rent Federal standards for the inspection of such ve24 hicles in mitigating the risks described in paragraph 


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1 (1) and to ensure the safe and proper operation con2 dition of such vehicles; and 

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

4 a mandatory State inspection program. 

5 SEC. 14. DISTRACTED DRIVING. 

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

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

8 end the following: 

9 ‘‘§ 31152. Regulation of the use of distracting devices 

10 in motorcoaches 

11 ‘‘(a) IN GENERAL.—No later than 1 year after the 

12 enactment of the Motorcoach Enhanced Safety Act of 

13 2010, the Secretary of Transportation shall prescribe reg14 ulations on the use of electronic or wireless devices, includ15 ing cell phones and other distracting devices, by an indi16 vidual employed as the operator of a motorcoach (as de17 fined in section 2(8) of that Act). 

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

19 base the regulations required by subsection (a) on accident 

20 data analysis, the results of ongoing research, and other 

21 information, as appropriate. 

22 ‘‘(c) PROHIBITED USE.—The Secretary shall prohibit 

23 the use of such devices in circumstances in which the Sec24 retary determines that their use interferes with the driv25 er’s safe operation of a motorcoach (as so defined). 


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

2 Secretary may permit the use of a device, the use of which 

3 is prohibited under subsection (c), if the Secretary deter4 mines that such use is necessary for the safety of the driv5 er or the public in emergency circumstances.’’. 

6 (b) CONFORMING AMENDMENT.—The table of con7 tents for chapter 311 of title 49, United States Code, is 

8 amended by inserting after the item relating to section 

9 31151 the following: 

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

10 SEC. 15. MOTORCOACH RENTAL OR LEASING COMPANIES. 

11 Paragraph (3) of section 31132 of title 49, United 

12 States Code, is amended to read as follows: 

13 ‘‘(3) ‘employer’— 

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

15 affecting interstate commerce that— 

16 ‘‘(i) owns or leases a commercial 

17 motor vehicle in connection with that busi18 ness, or assigns and employee to operate 

19 it; or 

20 ‘‘(ii) offers for rent or lease motor ve21 hicles designed or used to transport more 

22 than 15 passengers, including the driver, 

23 and from the same location or as part of 

24 the same business provides names or con25 tact information of drivers, arranges for a 


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1 driver of the rented or leased passenger2 carrying motor vehicle, or holds itself out 

3 to the public as a provider of transpor4 tation services; but 

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

6 an employee of the United States Government, 

7 a State, or a political subdivision of a State act8 ing in the course of that individual’s employ9 ment as such an employee.’’. 

10 SEC. 16. REGISTRATION OF BROKERS FOR MOTOR CAR11 RIERS OF PASSENGERS. 

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

13 United States Code, is amended by inserting ‘‘or pas14 sengers’’ after ‘‘transportation of property’’. 

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

16 title 49, United States Code, is amended— 

17 (1) by inserting ‘‘or’’ after the semicolon in 

18 paragraph (13); 

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

20 (3) by redesignating paragraph (15) as para21 graph (14). 


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1 SEC. 17. 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. 

Æ 


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