(d) DUTIES OF EMPLOYERS AND EMPLOYEES.—Sec-
tion 31135 of such title is amended— 
(1) by redesignating subsection (d) as sub-
section (e); and 
(2) by inserting after subsection (c) the fol-
lowing: 
‘‘(d) AVOIDING COMPLIANCE.—Two or more employ-
ers shall not use common ownership, common manage-
ment, common control, or common familial relationship to 
enable any or all such employers to avoid compliance, or 
mask or otherwise conceal noncompliance, or a history of 
noncompliance, with commercial motor vehicle safety regu-
lations issued under this subchapter, chapter 315, or an 
order of the Secretary issued under this subchapter, chap-
ter 315, or such regulations. If the Secretary determines 
that actions described in the preceding sentence have oc-
curred, the Secretary shall deny, suspend, amend, or re-
voke all or part of any such employer’s registration under 
section 13905, and shall take into account such non-
compliance for purposes of determining civil penalty 
amount under section 521(b)(2)(D).’’. 
VerDate Mar 15 2010 
02:56 Mar 04, 2011
Jkt 099200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H873.IH
H873
jbell on DSKDVH8Z91PROD with BILLS
SEC. 8. IMPROVED OVERSIGHT OF MOTORCOACH SERVICE 
PROVIDERS. 
(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.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
determine the safety fitness of all providers of 
motorcoach services registered with the Federal 
Motor Carrier Safety Administration and assign 
a safety fitness rating to each such provider. 
‘‘(B) APPLICABILITY.—Subparagraph (A) 
shall apply— 
‘‘(i) to any provider of motorcoach 
services registered with the Administration 
after the date of enactment of the Motor-
coach Enhanced Safety Act of 2011, not 
later than 2 years after the date of reg-
istration; and 
‘‘(ii) to any provider of motorcoach 
services registered with the Administration 
on or before the date of enactment of that 
Act, not later than 3 years after the date 
of enactment of that Act. 
VerDate Mar 15 2010 
02:56 Mar 04, 2011
Jkt 099200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H873.IH
H873
jbell on DSKDVH8Z91PROD with BILLS
‘‘(2) PERIODIC REVIEW.—The Secretary shall 
establish a process, by regulation, for monitoring the 
safety performance of each provider of motorcoach 
services on a regular basis following the assignment 
of a safety fitness rating, including progressive inter-
vention to correct unsafe practices. 
‘‘(3) ENFORCEMENT STRIKE FORCES.—In addi-
tion to the enhanced monitoring and enforcement ac-
tions required under paragraph (2), the Secretary 
may organize special enforcement strike forces tar-
geting providers of motorcoach services, when and 
where the Secretary considers appropriate. 
‘‘(4) PERIODIC
UPDATE
OF
SAFETY
FITNESS 
RATING.—As part of the safety review required by 
this subsection, the Secretary shall reassess such 
rating no less frequently than every 3 years. 
‘‘(5) MOTORCOACH
SERVICES
DEFINED.—In 
this subsection, the term ‘provider of motorcoach 
services’ has the meaning provided such term in sec-
tion 2 of the Motorcoach Enhanced Safety Act of 
2011.’’ 
(b) REVISION OF SAFETY FITNESS RATING METH-
ODOLOGY.—Not later than one year after the date of en-
actment of this Act, the Secretary shall revise the safety 
fitness rating methodology of the Department of Trans-
VerDate Mar 15 2010 
02:56 Mar 04, 2011
Jkt 099200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H873.IH
H873
jbell on DSKDVH8Z91PROD with BILLS
portation established pursuant to section 31144 of title 
49, United States Code, to meet the goals of the safety 
recommendation H–99–6 of the National Transportation 
Safety Board issued February 26, 1999. 
(c) HIGH-RISK CARRIER COMPLIANCE REVIEWS.— 
The second sentence of section 4138 of Public Law 109– 
59 (49 U.S.C. 31144 note) is amended by striking ‘‘is 
rated as category A or B for 2 consecutive months.’’ and 
inserting ‘‘meets the Safety Measurement System criteria 
for being a high-risk motor carrier for 2 consecutive 
months.’’. 
SEC. 9. MOTORCOACH DRIVER TRAINING. 
(a) ESTABLISHMENT OF TRAINING CURRICULUM.— 
(1) IN
GENERAL.—Not later than 6 months 
after the date of enactment of this Act, the Sec-
retary shall establish, by regulation, minimum cur-
ricular requirements for entry-level drivers of 
motorcoaches and drivers upgrading from one class 
of commercial driver’s license to another, to be 
adopted by public and private schools and motor 
carriers and motorcoach operators that provide 
training for such drivers. 
(2) CURRICULAR
REQUIREMENTS.—The cur-
ricular requirements under paragraph (1) shall in-
clude the following: 
VerDate Mar 15 2010 
05:09 Mar 04, 2011
Jkt 099200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H873.IH
H873
jbell on DSKDVH8Z91PROD with BILLS
(A) Classroom and behind-the-wheel in-
struction that is adequate for training entry- 
level drivers of motorcoaches and drivers up-
grading from one class of commercial driver’s 
license to another to safely operate motorcoach-
es and respond effectively to emergency situa-
tions. 
(B) Instruction in advanced knowledge and 
skills that are necessary to operate motorcoach-
es safely, including knowledge and skills nec-
essary— 
(i) to suppress motorcoach fires; and 
(ii) to evacuate passengers from mo-
torcoaches safely. 
(b) TRAINING REQUIRED.— 
(1) IN GENERAL.—The Secretary shall require 
each motorcoach driver seeking a commercial driv-
er’s license passenger endorsement to undergo a 
training program that includes the minimum cur-
ricular requirements established under subsection (a) 
before taking a test for a commercial driver’s license 
passenger endorsement. 
(2) VERIFICATION REQUIRED.—The Secretary 
shall require that— 
VerDate Mar 15 2010 
05:09 Mar 04, 2011
Jkt 099200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H873.IH
H873
jbell on DSKDVH8Z91PROD with BILLS
(A) each trainer of a driver seeking a com-
mercial driver’s license passenger endorsement 
shall submit to the appropriate State licensing 
authority information on any driver that has 
successfully completed a motorcoach driver 
training course that includes the curricular re-
quirements established under subsection (a); 
and 
(B) the State licensing authority may not 
administer the skills test for the passenger en-
dorsement nor issue a passenger endorsement 
to a driver unless the State licensing authority 
verifies that the driver has successfully com-
pleted a motorcoach driver training course as 
required by subparagraph (A). 
(c) REPORT ON FEASIBILITY, BENEFITS, AND COSTS 
OF ESTABLISHING
A SYSTEM
OF CERTIFICATION
OF 
TRAINING PROGRAMS.—Not later than 2 years after the 
date of enactment of this Act, the Secretary shall submit 
a report to the Senate Committee on Commerce, Science, 
and Transportation and the House of Representatives 
Committee on Energy and Commerce on the feasibility, 
benefits, and costs of establishing a system of certification 
of public and private schools and of motor carriers and 
motorcoach operators that provide motorcoach driver 
VerDate Mar 15 2010 
02:56 Mar 04, 2011
Jkt 099200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H873.IH
H873
jbell on DSKDVH8Z91PROD with BILLS
training in accordance with the curricular requirements 
established by the Secretary under subsection (a). 
(d) NONPREEMPTION OF STATE PROGRAMS.—The 
minimum curricular requirements required by this section 
do not preempt any State or local law or regulation impos-
ing additional or more stringent requirements unless the 
Secretary determines that— 
(1) the law or regulation is incompatible with 
the regulation prescribed by the Secretary; or 
(2) enforcement of the State law or the local 
law or regulation would impose an unreasonable bur-
den on interstate commerce. 
SEC. 10. IMPROVED TESTING FOR THE COMMERCIAL DRIV-
ER’S LICENSE PASSENGER ENDORSEMENT. 
(a) INCREASED STRINGENCY OF EXAMINATION FOR 
COMMERCIAL DRIVER’S LICENSE PASSENGER-CARRYING 
ENDORSEMENT.— 
(1) FINAL
RULE.—Not later than 6 months 
after the date of enactment of this Act, the Sec-
retary shall issue a final rule in Docket No. FMCSA 
2007–27659: Commercial Driver’s License Testing 
and Commercial Learner’s Permit Standards that 
improves the quality and stringency of the examina-
tion for the commercial driver’s license passenger- 
carrying endorsement. The final rule shall require— 
VerDate Mar 15 2010 
02:56 Mar 04, 2011
Jkt 099200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H873.IH
H873
jbell on DSKDVH8Z91PROD with BILLS
(A) a more stringent knowledge test than 
the test in effect on the day before the date of 
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 enactment of this 
Act. 
(2) CONSULTATION.—The Secretary shall con-
sult with the American Association of Motor Vehicle 
Administrators in carrying out paragraph (1). 
(b) REPORT ON DRIVER’S LICENSE REQUIREMENTS 
FOR 9-TO-15 PASSENGER VANS.—Not later than 18 
months after the date of enactment of this Act, the Sec-
retary shall submit a plan to the Senate Committee on 
Commerce, Science, and Transportation and the House of 
Representatives Committee on Transportation and Infra-
structure for requiring that all or certain classes of driv-
ers— 
(1) have a commercial driver’s license pas-
senger-carrying endorsement in order to operate a 
commercial motor vehicle (as defined in section 
31301(4) of title 49, United States Code) and trans-
port not less than 9 and not more than 15 pas-
VerDate Mar 15 2010 
02:56 Mar 04, 2011
Jkt 099200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\H873.IH
H873
jbell on DSKDVH8Z91PROD with BILLS
sengers (including a driver) in interstate commerce; 
and 
(2) be tested in accordance with a drug and al-
cohol testing program consistent with part 40 of 
title 49, Code of Federal Regulations. 
SEC. 11. IMPROVED PHYSICAL FITNESS OVERSIGHT AND 
COMMERCIAL 
DRIVER 
MEDICAL 
CERTIFI-
CATES. 
(a) MEDICAL REVIEW BOARD FUNCTIONS.—Section 
31149(a)(1) of title 49, United States Code, is amended— 
(1) by inserting ‘‘(A)’’ after ‘‘recommendations 
on’’; 
(2) by striking ‘‘research.’’ and inserting ‘‘re-
search and (B) advice and recommendations con-
cerning the criteria to be used for evaluating medical 
examiners for admission to the national registry es-
tablished under this section.’’. 
(b) EXAMINATION REQUIREMENTS FOR LISTING IN 
THE NATIONAL REGISTRY OF MEDICAL EXAMINERS.— 
Section 31149(c)(1)(D) of title 49, United States Code, 
is amended to read as follows: 
‘‘(D) develop requirements applicable to a 
medical examiner seeking to be listed in the na-
tional registry, including— 
VerDate Mar 15 2010 
02:56 Mar 04, 2011
Jkt 099200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\H873.IH
H873
jbell on DSKDVH8Z91PROD with BILLS
‘‘(i) specific courses and materials 
that must be completed to be listed in the 
national registry; 
‘‘(ii) a rigorous written examination 
for which a passing grade must be 
achieved to be listed in the national reg-
istry; 
‘‘(iii) certification (including self-cer-
tification), as appropriate, to verify that 
the medical examiner has completed train-
ing, including refresher courses, that the 
Secretary determines are necessary to be 
listed in the national registry; and 
‘‘(iv) demonstration of the willingness 
and ability of a medical examiner to com-
ply with any reporting requirements estab-
lished by the Secretary;’’. 
(c) MEDICAL EXAMINATION FORM COMPARISONS.— 
Not later than 18 months after the date of enactment of 
this Act, the Secretary shall require by regulation that 
each time a medical examiner performs a medical exam-
ination 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 licensing agency the form for such ex-
VerDate Mar 15 2010 
02:56 Mar 04, 2011
Jkt 099200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\H873.IH
H873
jbell on DSKDVH8Z91PROD with BILLS
amination required by section 391.43(f) of such title (as 
in effect on the day before the date of enactment of this 
Act). 
(d) STATE PLAN REQUIREMENT.—Section 31102(b) 
of title 49, United States Code, is amended— 
(1) by striking ‘‘and’’ after the semicolon in 
subparagraph (W); 
(2) by striking ‘‘stop.’’ in subparagraph (X) 
and inserting ‘‘stop; and’’; and 
(3) by adding at the end the following: 
‘‘(Y) requires State licensing authorities to 
compare the forms they receive pursuant to sec-
tion 11(c) of the Motorcoach Enhanced Safety 
Act of 2011 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 before the date of enactment of that Act), 
to determine the accuracy and validity of the 
information contained in such forms and certifi-
cates.’’. 
(e) ADDITIONAL OVERSIGHT
OF LICENSING AU-
THORITIES.— 
(1) IN GENERAL.—Section 31149(c)(1) of title 
49, United States Code, is amended— 
VerDate Mar 15 2010 
02:56 Mar 04, 2011
Jkt 099200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6201
E:\BILLS\H873.IH
H873
jbell on DSKDVH8Z91PROD with BILLS