I 

113TH CONGRESS 

2D SESSION H. R. 4727 

To enhance interstate commerce by creating a National Hiring Standard 

for Motor Carriers. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 22, 2014 

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

Mr. PAULSEN) introduced the following bill; which was referred to the 

Committee on Transportation and Infrastructure, and in addition to the 

Committee on the Judiciary, 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 enhance interstate commerce by creating a National 

Hiring Standard for Motor Carriers. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. NATIONAL HIRING STANDARDS FOR MOTOR 

4 CARRIERS. 

5 (a) LIMITATION ON STATE LAW.—Subject to sub6 section (b), a State may not enforce a law or impose liabil7 ity on an entity that hires a motor carrier for the transpor8 tation of property or household goods if such liability 

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1 arises from a claim or cause of action related to the neg2 ligent selection of such motor carrier under common law, 

3 statutory law, or any rule, regulation, standard, or provi4 sion having the force of law, for personal injury, death, 

5 or damage caused to cargo or other property by such 

6 motor carrier. 

7 (b) REQUIREMENTS FOR WAIVER OF LIABILITY.—To 

8 be eligible for the liability waiver described in subsection 

9 (a), an entity shall, prior to tendering a shipment, but not 

10 more than 35 days before the pickup of a shipment by 

11 the hired motor carrier, verify that the motor carrier at 

12 the time of such verification— 

13 (1) if applicable, is registered with and author14 ized by the Federal Motor Carrier Safety Adminis15 tration to operate as a motor carrier or household 

16 goods motor carrier; 

17 (2) has the minimum insurance coverage re18 quired by Federal regulation; and 

19 (3) does not have an unsatisfactory safety rat20 ing issued by Federal Motor Carrier Safety Adminis21 tration, in force at the time of the verification. 

22 (c) DEFINITIONS.—In this section— 

23 (1) the term ‘‘entity’’ means a person acting as 

24 a shipper, or as a broker, as a consignee, a freight 

25 forwarder, or a household goods freight forwarder as 

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1 defined in section 13102 of title 49, United States 

2 Code, a Non-Vessel Operating Common Carrier, an 

3 ocean freight forwarder, or an ocean transportation 

4 intermediary, as defined in section 40102 of title 46, 

5 United States Code; 

6 (2) the term ‘‘motor carrier’’ means a motor 

7 carrier or a household goods motor carrier as de8 fined in section 13102 of title 49, United States 

9 Code, and subject to Federal motor carrier financial 

10 responsibility and safety regulations; and 

11 (3) the term ‘‘State’’ means each of the 50 

12 States, a political subdivision thereof, any intrastate 

13 agency, any other political agency of 2 or more 

14 States, the District of Columbia, American Samoa, 

15 the Commonwealth of the Northern Mariana Is16 lands, the Commonwealth of Puerto Rico, Guam, 

17 and the Virgin Islands. 

18 (d) APPLICABILITY AND EFFECTIVE DATE.—Not19 withstanding any other provision of law, this section shall 

20 apply with respect to any action commenced on or after 

21 the date of enactment of this section without regard to 

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

23 conduct that caused the harm, occurred before such date 

24 of enactment. 

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