I 
111TH CONGRESS 
1ST SESSION H. R. 1396 
To improve the safety of motorcoaches, to allow a credit against income 
tax for the cost of motorcoaches complying with Federal safety require-
ments, for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 9, 2009 
Mr. LEWIS of Georgia (for himself and Mr. FILNER) introduced the following 
bill; which was referred to the Committee on Transportation and Infra-
structure, and in addition to the Committees on Energy and Commerce, 
Ways and Means, and Small Business, for a period to be subsequently 
determined by the Speaker, in each case for consideration of such provi-
sions as fall within the jurisdiction of the committee concerned 
A BILL 
To improve the safety of motorcoaches, to allow a credit 
against income tax for the cost of motorcoaches com-
plying with Federal safety requirements, for other pur-
poses. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Motorcoach Enhanced Safety Act of 2009’’. 
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TITLE I—MOTORCOACH SAFETY 
SEC. 101. DEFINITIONS. 
In this title: 
(1) ADVANCED GLAZING.—The term ‘‘advanced 
glazing’’ means glazing installed in a portal on the 
side or the roof of a motorcoach that is designed to 
be highly resistant to partial or complete occupant 
ejection in all types of motor vehicle crashes. 
(2) BUS.—The term ‘‘bus’’ has the meaning 
given such term in section 571.3(b) of title 49, Code 
of Federal Regulations (as in effect on the day be-
fore the date of the enactment of this Act). 
(3) COMMERCIAL MOTOR VEHICLE.—The term 
‘‘commercial motor vehicle’’ has the meaning given 
such term in section 31132(1) of title 49, United 
States Code. 
(4) DIRECT TIRE PRESSURE MONITORING SYS-
TEM.—The term ‘‘direct tire pressure monitoring 
system’’ means a tire pressure monitoring system, as 
that term is defined in section 571.138 of title 49, 
Code of Federal Regulations, that is capable of di-
rectly detecting when the air pressure level in any 
tire is significantly under-inflated and of imme-
diately providing the driver a low tire pressure warn-
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ing as to which specific tire is significantly under-in-
flated. 
(5) ELECTRONIC
ON-BOARD
RECORDER.—The 
term ‘‘electronic on-board recorder’’ means an elec-
tronic device that acquires and stores data showing 
the record of duty status of the vehicle operator and 
performs the functions required of an automatic on- 
board recording device in section 395.15(b) of title 
49, Code of Federal Regulations. 
(6) EVENT DATA RECORDER.—The term ‘‘event 
data recorder’’ has the meaning given that term in 
section 563.5 of title 49, Code of Federal Regula-
tions. 
(7) MANUFACTURER.—The term ‘‘manufac-
turer’’ has the meaning given such term in section 
30102(a) of title 49, United States Code. 
(8) MOTOR CARRIER.—The term ‘‘motor car-
rier’’ has the meaning given such term in section 
13102(14) of title 49, United States Code. 
(9) MOTORCOACH.—The term ‘‘motorcoach’’ 
has the meaning given the term ‘‘over-the-road bus’’ 
in section 3038(a)(3) of the Transportation Equity 
Act for the 21st Century (Public Law 105–178; 49 
U.S.C. 5310 note), but does not include the fol-
lowing: 
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(A) Buses used in public transportation 
provided by a State or local government. 
(B) School buses, including multifunction 
school activity buses. 
(10) 
MOTORCOACH
MANUFACTURER.—The 
term ‘‘motorcoach manufacturer’’ means a manufac-
turer that manufactures, assembles, or imports 
motorcoaches for resale in the United States. 
(11) MOTORCOACH SERVICES.—The term ‘‘mo-
torcoach services’’ means passenger transportation 
by motorcoach for compensation. 
(12) 
MULTIFUNCTION
SCHOOL
ACTIVITY 
BUSES.—The term ‘‘multifunction school activity 
buses’’ has the meaning given such term in section 
571.3(b) of title 49, Code of Federal Regulations (as 
in effect on the day before the date of the enactment 
of this Act). 
(13) PORTAL.—The term ‘‘portal’’ means any 
opening on the front, sides, rear, or roof of a motor-
coach that could, in the event of a crash involving 
the motorcoach, permit the partial or complete ejec-
tion of any occupant from the motorcoach, including 
a young child. 
(14) PROVIDER OF MOTORCOACH SERVICES.— 
The term ‘‘provider of motorcoach services’’ means 
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a motor carrier that provides passenger transpor-
tation services with a motorcoach for compensation, 
including per-trip compensation and contracted or 
chartered compensation. 
(15) PUBLIC
TRANSPORTATION.—The term 
‘‘public transportation’’ has the meaning given such 
term in section 5302(a)(10) of title 49, United 
States Code. 
(16) SAFETY BELT.—The term ‘‘safety belt’’ 
has the meaning given such term in section 
153(i)(4)(B) of title 23, United States Code. 
(17) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of Transportation. 
SEC. 102. REGULATIONS FOR IMPROVED OCCUPANT PRO-
TECTION AND MOTORCOACH CRASH AVOID-
ANCE. 
(a) REGULATIONS REQUIRED 1 YEAR AFTER THE 
DATE OF THE ENACTMENT OF THIS ACT.—Not later 
than 1 year after the date of the enactment of this Act, 
the Secretary shall prescribe regulations as follows: 
(1) SAFETY BELTS.—The Secretary shall re-
quire safety belts be installed in motorcoaches at 
each designated seating position. 
(2) 
ANTI-EJECTION
SAFETY
COUNTER-
MEASURES.—The 
Secretary 
shall 
require 
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motorcoaches have advanced glazing installed in 
each motorcoach portal to prevent partial or com-
plete ejection of passengers of motorcoaches, includ-
ing such passengers that are children. 
(3) FIREFIGHTING EQUIPMENT.—The Secretary 
shall require installation in motorcoaches of im-
proved firefighting equipment for the purpose of ef-
fectively suppressing fires in motorcoaches to pre-
vent passenger deaths and injuries. 
(b) REGULATIONS REQUIRED 2 YEARS AFTER THE 
DATE OF THE ENACTMENT OF THIS ACT.—Not later 
than 2 years after the date of the enactment of this Act, 
the Secretary shall prescribe regulations as follows: 
(1) COMPARTMENTALIZATION
SAFETY
COUN-
TERMEASURES.—The Secretary shall require en-
hanced 
compartmentalization 
safety 
counter-
measures for motorcoaches, including enhanced seat-
ing designs, to reduce substantially the risk of pas-
sengers being thrown from their seats and colliding 
with other passengers, interior surfaces, or compo-
nents in the event of a crash involving a motorcoach. 
(2) INTERIOR IMPACT PROTECTION.—The Sec-
retary shall establish enhanced occupant impact pro-
tection standards for motorcoach interiors to reduce 
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substantially serious injuries for all passengers of 
motorcoaches. 
(3) REDUCED ROLLOVER CRASHES.—The Sec-
retary shall require motorcoaches be equipped with 
stability enhancing technologies, such as electronic 
stability control, roll stability control, and torque 
vectoring, to reduce substantially the number and 
frequency of rollover crashes among motorcoaches. 
(4) ROOF
STRENGTH
AND
CRUSH
RESIST-
ANCE.—The Secretary shall establish improved roof 
standards for motorcoaches that substantially im-
prove the resistance of motorcoach roofs to deforma-
tion and intrusion to prevent serious occupant injury 
in rollover crashes involving motorcoaches. 
(5) ENHANCED
CONSPICUITY.—The Secretary 
shall require enhanced conspicuity of motorcoaches 
to enable other motor vehicle operators, cyclists, and 
pedestrians to better detect motorcoaches in order to 
reduce the risk of collisions involving motorcoaches. 
(6) SMOKE SUPPRESSION.—The Secretary shall 
amend Federal motor vehicle safety standard num-
ber 302 (49 C.F.R. 571.302; relating to flamma-
bility of interior materials) to require realistic tests 
to improve the resistance of motorcoach interiors 
and components to burning, prevent inhalation by 
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passengers of toxic smoke and vapors, and permit 
sufficient time for the safe evacuation of passengers 
from motorcoaches. 
(7) RESISTANCE TO FUEL SYSTEM FIRES.—The 
Secretary shall amend Federal motor vehicle safety 
standard number 301 (49 C.F.R. 571.301; relating 
to fuel system integrity) to require that motor-
coaches have improved fuel systems in order to sup-
press fuel-fed fires and substantially reduce occu-
pant deaths and injuries from fuel fires. 
(8) PASSENGER
EVACUATION.—The Secretary 
shall require motorcoaches be equipped with the fol-
lowing: 
(A) IMPROVED
EMERGENCY
EVACUATION 
DESIGNS.—Improved emergency exit window, 
door, and roof hatch designs to expedite access 
and use by passengers of motorcoaches to en-
sure rapid evacuation from a motorcoach under 
all emergency circumstances, including crashes 
and fires. 
(B) EMERGENCY
INTERIOR
LIGHTING.— 
Emergency interior lighting systems, including 
luminescent or retro-reflectorized delineation of 
evacuation paths and exits, that are triggered 
by a crash or other emergency incidents to ac-
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complish more rapid and effective evacuation of 
passengers. 
(c) REGULATIONS REQUIRED 3 YEARS AFTER THE 
DATE OF THE ENACTMENT OF THIS ACT.—Not later 
than 3 years after the date of the enactment of this Act, 
the Secretary shall prescribe regulations as follows: 
(1) 
ADAPTIVE
CRUISE
CONTROL.—Require 
motorcoaches be equipped with adaptive cruise con-
trol for maintaining safe trailing distances when un-
derway and a collision warning system that provides 
sufficient advance notice to the operator of a motor-
coach of any imminent impact. 
(2) AUTOMATIC
FIRE
SUPPRESSION.—Require 
motorcoaches be equipped with highly effective fire 
suppression systems that automatically respond to 
and suppress all fires in such motorcoaches. 
(d) APPLICATION OF REGULATIONS.— 
(1) PROSPECTIVE
APPLICATION.—Except as 
provided in paragraph (2), a regulation prescribed in 
accordance with subsection (a), (b), or (c) shall 
apply to all motorcoaches that are manufactured on 
or after the effective date of such regulation. 
(2) RETROFIT SAFETY REQUIREMENTS FOR EX-
ISTING MOTORCOACHES.— 
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(A) IN GENERAL.—(i) Except as provided 
in subparagraph (B), a regulation prescribed in 
accordance with subsection (a)(1) shall apply to 
all motorcoaches used for motorcoach services 
on or after the effective date of such regulation. 
(ii) Except as provided in subparagraph 
(B), a regulation prescribed in accordance with 
subsection (a)(3) shall apply to all motor-
coaches used for motorcoach services on or 
after the effective date of such regulation. 
(iii) Except as provided in subparagraph 
(B), a regulation prescribed in accordance with 
subsection (b)(5) shall apply to all motor-
coaches used for motorcoach services on or 
after the effective date of such regulation. 
(B) EXCEPTION.—In the case of a motor-
coach that was used for motorcoach services be-
fore the effective date of a regulation described 
in subparagraph (A), such regulation shall not 
apply to such motorcoach until— 
(i) 2 years after the effective date of 
such regulation; or 
(ii) if the Secretary determines that 
the application date described in clause (i) 
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would cause undue hardship, 5 years after 
the effective date of such regulation. 
SEC. 103. STUDY AND REPORT ON IMPROVED BUS CRASH 
WORTHINESS AND CRASH AVOIDANCE. 
(a) STUDY.—The Secretary shall complete a study of 
the following, with respect to buses that are more than 
10,000 pounds gross vehicle weigh rating (GVWR): 
(1) Bus safety design improvements and coun-
termeasures for improving bus crash worthiness to 
achieve substantial improvements in occupant pro-
tection in all types of crashes, including the fol-
lowing: 
(A) Active and passive restraint systems. 
(B) Enhanced passenger compartmental-
ization. 
(C) Upper and lower interior occupant im-
pact protection. 
(D) Improved resistance to roof failures 
leading to deformation and intrusion that result 
in occupant injury. 
(E) Improved resistance to occupant par-
tial and complete ejection. 
(F) Improved crash compatibility with 
other types and weights of motor vehicles in 
order to reduce both the number and severity of 
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crashes and the number and severity of occu-
pant injuries both in buses and in the other ve-
hicles. 
(2) Crash avoidance improvements to reduce 
the number and severity of bus crashes, including 
the following: 
(A) Collision warning systems. 
(B) Improved braking capabilities. 
(C) Enhanced bus conspicuity. 
(D) Increased resistance to loss-of-control 
crashes. 
(E) Improved resistance to rollover crash-
es. 
(3) Bus fire protection and passenger evacu-
ation improvements, including the following: 
(A) Effective emergency exit design. 
(B) Effective emergency evacuation of pas-
sengers. 
(C) Effective manual and automated fire 
suppression systems. 
(D) Increased vehicle resistance to fire 
propagation, including both exterior and inte-
rior resistance to burning. 
(E) Suppression of toxic smoke and vapors 
in bus fires. 
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(F) Resistance to bus fuel system fires. 
(G) Training of bus operators in the use of 
firefighting equipment and the safe evacuation 
of passengers. 
(4) Such other occupant protection safety coun-
termeasures as the Secretary considers appropriate. 
(b) REPORT.—Not later than 1 year after the date 
of enactment of this Act, the Secretary shall submit to 
the Committee on Commerce, Science, and Transportation 
of the Senate and the Committee on Energy and Com-
merce of the House of Representatives a report setting 
forth the findings of the Secretary with respect to the 
study required by subsection (a) and recommendations for 
legislative and regulatory changes. 
SEC. 104. IMPROVED OVERSIGHT OF PROVIDERS OF MO-
TORCOACH SERVICES AND OF OTHER MOTOR 
CARRIERS OF PASSENGERS. 
(a) IN GENERAL.—Section 31144 of title 49, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘(h) PERIODIC SAFETY REVIEWS OF PROVIDERS OF 
MOTORCOACH SERVICES.— 
‘‘(1) SAFETY REVIEW.—Not later than 3 years 
after the date of the enactment of this subsection, 
the Secretary shall require, by regulation, each pro-
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vider of motorcoach services registered with the Fed-
eral Motor Carrier Safety Administration on or after 
the date of the enactment of this subsection to un-
dergo a periodic safety review. 
‘‘(2) ELEMENTS OF REVIEW.—In the regula-
tions prescribed pursuant to paragraph (1), the Sec-
retary shall establish the elements of the periodic 
safety review, including basic safety management 
controls. 
‘‘(3) SAFETY
FITNESS
RATINGS.—As part of 
the safety review required by this subsection, the 
Secretary shall assign a safety fitness rating to each 
provider of motorcoach services and shall reassess 
such rating not less frequently than every 3 years. 
‘‘(4) MOTORCOACH
SERVICES
DEFINED.—In 
this subsection, the term ‘provider of motorcoach 
services’ has the meaning provided such term in sec-
tion 101 of the Motorcoach Enhanced Safety Act of 
2009.’’ 
(b) REVISION OF SAFETY AUDIT SYSTEM.—Not later 
than 1 year after the date of enactment of this Act, the 
Secretary shall revise the safety fitness audit system of 
the Department of Transportation established pursuant to 
section 31144 of title 49, United States Code, to conform 
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with safety recommendation H–99–6 of the National 
Transportation Safety Board issued February 26, 1999. 
SEC. 105. MOTORCOACH DRIVER TRAINING. 
(a) ESTABLISHMENT OF TRAINING CURRICULUM.— 
(1) IN GENERAL.—Not later than 2 years after 
the date of the enactment of this Act, the Secretary 
shall establish, by regulation, a training curriculum 
for drivers of motorcoaches to be adopted by public 
and private schools and motor carriers that provide 
training for drivers of motorcoaches. 
(2) CURRICULUM REQUIREMENTS.—The train-
ing curriculum required by paragraph (1) shall in-
clude the following: 
(A) Classroom and behind-the-wheel in-
struction that is adequate for all new drivers of 
motorcoaches to operate safely motorcoaches 
and respond effectively to emergency situations. 
(B) Instruction in advanced knowledge and 
skills that are necessary to operate motor-
coaches safely, including the knowledge and 
skills necessary— 
(i) to suppress motorcoach fires; and 
(ii) to evacuate passengers from mo-
torcoaches safely. 
(b) TRAINING REQUIRED.— 
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(1) IN GENERAL.—The Secretary shall require 
each motorcoach driver seeking a commercial driv-
er’s license (CDL) passenger endorsement to under-
go a training program that includes the training cur-
riculum established pursuant to subsection (a) be-
fore taking a test for a commercial driver’s license 
passenger endorsement. 
(2) 
CERTIFICATE
OF
COMPLETION
RE-
QUIRED.—The Secretary shall require that each 
driver seeking to take the test for the commercial 
driver’s license passenger endorsement shall present 
a certificate to a State licensing authority certifying 
that the driver has— 
(A) successfully completed a motorcoach 
driver training course that includes the cur-
riculum established in accordance with sub-
section (a); and 
(B) received a passing grade for an exam-
ination at the culmination of such training 
course. 
(c) REPORT ON FEASIBILITY OF ESTABLISHING A 
SYSTEM OF CERTIFICATION OF TRAINING PROGRAMS.— 
Not later than 1 year after the date of enactment of this 
Act, the Secretary shall submit to the Committee on Com-
merce, Science, and Transportation of the Senate and the 
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Committee on Transportation and Infrastructure of the 
House of Representatives a report on the feasibility of es-
tablishing a system of certification of public and private 
schools and of motor carriers that provide motorcoach 
driver training in accordance with the curriculum estab-
lished by the Secretary pursuant to subsection (a). 
SEC. 106. IMPROVED COMMERCIAL DRIVER’S LICENSE 
TESTING. 
(a) INCREASED STRINGENCY OF EXAMINATION FOR 
COMMERCIAL DRIVER’S LICENSE PASSENGER-CARRYING 
ENDORSEMENT.— 
(1) IN
GENERAL.—The Secretary shall pre-
scribe standards that improve the quality and strin-
gency of the examination for the commercial driver’s 
license passenger-carrying endorsement. Such stand-
ards shall require— 
(A) a more stringent knowledge test than 
the test in effect on the day before the date of 
the enactment of this Act; and 
(B) a more stringent examination of the 
driving skills necessary to operate safely a for- 
hire passenger-carrying commercial motor vehi-
cle than the examination of such skills in effect 
on the day before the date of the enactment of 
this Act. 
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(2) COOPERATION.—In prescribing the stand-
ards required by paragraph (1), the Secretary shall 
cooperate with the American Association of Motor 
Vehicle Administrators. 
(b) MODIFICATION OF REQUIREMENTS FOR COM-
MERCIAL DRIVER’S LICENSE PASSENGER-CARRYING EN-
DORSEMENT.—The Secretary shall establish by regulation 
a requirement that a driver shall have a commercial driv-
er’s license passenger-carrying endorsement in order to 
operate a commercial motor vehicle and transport not less 
than 9 and not more than 15 passengers (including a driv-
er) in interstate commerce for compensation. 
SEC. 107. IMPROVED PHYSICAL FITNESS OVERSIGHT AND 
COMMERCIAL 
DRIVER 
MEDICAL 
CERTIFI-
CATES. 
(a) REQUIRE PASSAGE OF RIGOROUS EXAMINATION 
TO BE LISTED IN NATIONAL REGISTRY OF MEDICAL EX-
AMINERS.—Section 31149(c)(1)(D) of title 49, United 
States Code, is amended to read as follows: 
‘‘(D) develop, as appropriate, specific 
courses and materials for medical examiners 
who wish to be listed in the national registry es-
tablished under this section and develop a rig-
orous examination for which a passing grade 
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must be achieved to be listed in such national 
registry;’’. 
(b) INTEGRATION
OF FEDERAL MEDICAL QUALI-
FICATION CERTIFICATE AND COMMERCIAL DRIVER’S LI-
CENSE.—Not later than 2 years after the date of the en-
actment of this Act, the Secretary shall prescribe the regu-
lations to prevent the submission and use of invalid or 
fraudulent medical certificates. 
(c) MEDICAL EXAMINATION FORM COMPARISONS.— 
Not later than 2 years after the date of the enactment 
of this Act, the Secretary shall require by regulation 
that— 
(1) each time a medical examiner performs a 
medical examination to certify an applicant for a 
commercial driver’s license under section 391.43 of 
title 49, Code of Federal Regulations, such medical 
examiner shall submit to the appropriate State li-
censing agency the form for such examination re-
quired by section 391.43(f) of such title (as in effect 
on the day before the date of the enactment of this 
Act); and 
(2) as a condition of approval of a State plan 
under section 31102(d) of title 49, United States 
Code (as added by section 109(b)), State licensing 
authorities compare the forms they receive pursuant 
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to paragraph (1) with the medical examiner’s certifi-
cate required by section 391.43(g) of title 49, Code 
of Federal Regulations (as in effect on the day be-
fore the date of the enactment of this Act) to deter-
mine the accuracy and validity of the information 
contained in such forms and certificates. 
(d) ADDITIONAL OVERSIGHT
OF LICENSING AU-
THORITIES.— 
(1) IN GENERAL.—Section 31149(c)(1) of title 
49, United States Code, is amended— 
(A) in subparagraph (E), by striking 
‘‘basis; and’’ and inserting ‘‘basis;’’; 
(B) in subparagraph (F), by striking the 
period at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(G) each year, review the licensing au-
thorities of 10 States to assess the accuracy 
and validity of physical examination reports and 
medical certificates submitted by certified med-
ical examiners to such State licensing agen-
cies.’’. 
(2) INTERNAL OVERSIGHT POLICY.— 
(A) IN GENERAL.—Not later than 2 years 
after the date of the enactment of this Act, the 
Secretary shall establish an oversight policy and 
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process within the Department of Transpor-
tation for purposes of carrying out the require-
ment of subparagraph (G) of such section 
31149(c)(1), as added by paragraph (1). 
(B) EFFECTIVE DATE.—The requirement 
of subparagraph (G) of section 31149(c)(1) of 
title 49, United States Code, shall take effect 
on the date that the oversight policies and proc-
esses are established pursuant to subparagraph 
(A). 
(e) DEADLINE FOR ESTABLISHMENT OF NATIONAL 
REGISTRY OF MEDICAL EXAMINERS.—Not later than 1 
year after the date of the enactment of this Act, the Sec-
retary shall establish a national registry of medical exam-
iners as required by section 31149(d)(1) of title 49, 
United States Code. 
SEC. 108. SAFETY, ENFORCEMENT, AND RESEARCH TECH-
NOLOGY FOR COMMERCIAL MOTOR VEHI-
CLES. 
(a) ELECTRONIC ON-BOARD RECORDERS.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this Act, the Secretary 
shall prescribe regulations requiring that all com-
mercial motor vehicles used by a motor carrier in 
interstate commerce be equipped with electronic on- 
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board recorders. Such regulations shall include per-
formance requirements to ensure that electronic on- 
board recorders— 
(A) are linked with vehicle engine and 
transmission functions and electronic control 
modules; 
(B) accurately record commercial driver 
hours of service; 
(C) provide real-time tracking of driver 
and vehicle location; and 
(D) are tamper-proof. 
(2) 
APPLICABILITY.—The 
regulations 
pre-
scribed under paragraph (1) shall apply to all com-
mercial motor vehicles used by motor carriers in 
interstate commerce beginning on the date that is 3 
years after the date of the enactment of this Act. 
(b) EVENT DATA RECORDERS.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this Act, the Secretary 
shall prescribe performance requirements for event 
data recorders, including requirements regarding 
specific types of vehicle operations, events and inci-
dents, and vehicle systems information to be re-
corded, for event data recorders to be used on com-
mercial motor vehicles. For this purpose, the Sec-
VerDate Nov 24 2008 
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H1396
smartinez on PROD1PC64 with BILLS