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‘‘(1) IN GENERAL.—The Secretary may conduct
pilot programs to evaluate innovative approaches to
motor carrier, vehicle, and driver safety. Such pilot
programs may include exemptions from a regulation
prescribed under this chapter or section 31136 if the
pilot program contains, at a minimum, the elements
described in paragraph (2). The Secretary shall pub-
lish in the Federal Register a detailed description of
the program and the exemptions to be considered
and provide notice and an opportunity for public
comment before the effective date of any exemptions.
‘‘(2) PROGRAM
ELEMENTS.—In proposing a
pilot program and before granting exemptions for
purposes of a pilot program, the Secretary shall in-
clude, at a minimum, the following elements in each
pilot program plan:
‘‘(A) A program scheduled life of not more
than 3 years.
‘‘(B) A scientifically valid methodology and
study design, including a specific data collection
and analysis plan, that identifies appropriate
control groups for comparison.
‘‘(C) The fewest participants necessary to
yield statistically valid findings.
407
‘‘(D) Observance of appropriate ethical
protocols for the use of human subjects in field
experiments.
‘‘(E) An oversight plan to ensure that par-
ticipants comply with the terms and conditions
of participation.
‘‘(F) Adequate countermeasures to protect
the health and safety of study participants and
the general public.
‘‘(G) A plan to inform State partners and
the public about the pilot program and to iden-
tify approved participants to safety compliance
and enforcement personnel and to the public.
‘‘(3) AUTHORITY TO REVOKE PARTICIPATION.—
The Secretary shall immediately revoke participation
in a pilot program of a motor carrier, vehicle, or
driver for failure to comply with the terms and con-
ditions of the pilot program or if continued partici-
pation would not be consistent with the goals and
objectives of this chapter or section 31136, as the
case may be.
‘‘(4) AUTHORITY TO TERMINATE PROGRAM.—
The Secretary shall immediately terminate a pilot
program if its continuation would not be consistent
408
with the goals and objectives of this chapter or sec-
tion 31136, as the case may be.
‘‘(5) REPORT TO CONGRESS.—At the conclusion
of each pilot program, the Secretary shall promptly
report to Congress the findings, conclusions, and
recommendations of the program, including sug-
gested amendments to law or regulation that would
enhance motor carrier, vehicle, and driver safety and
improve compliance with national safety standards.
‘‘(c) PREEMPTION OF STATE RULES.—During the
time period that an exemption or pilot program is in effect
under this section, no State shall enforce any law or regu-
lation that conflicts with or is inconsistent with an exemp-
tion or pilot program with respect to a person exercising
the exemption or participating in the pilot program.’’.
(b) TABLE OF SECTIONS.—The table of sections for
chapter 313 is amended by striking the item relating to
section 31315 and inserting the following:
‘‘31315. Exemptions and pilot programs.’’.
(c) CONFORMING AMENDMENT.—Section 31136(e) is
amended to read as follows:
‘‘(e) EXEMPTIONS.—The Secretary may grant ex-
emptions from any regulation prescribed under this sec-
tion in accordance with section 31315.’’.
(d) PROTECTION OF EXISTING EXEMPTIONS.—The
amendments made by subsections (a) and (c) of this sec-
409
tion shall not apply to or otherwise affect an exemption
or waiver in effect on the day before the date of the enact-
ment of this Act under section 31315 or 31136(e) of title
49, United States Code.
SEC. 407. SAFETY REGULATION.
(a) COMMERCIAL MOTOR VEHICLE DEFINED.—Sec-
tion 31132(1) is amended—
(1) in subparagraph (A)—
(A) by inserting ‘‘or gross vehicle weight’’
after ‘‘rating’’; and
(B) by inserting ‘‘, whichever is greater’’
after ‘‘pounds’’; and
(2) in subparagraph (B)—
(A) by inserting ‘‘or livery’’ after ‘‘taxi-
cab’’; and
(B) by striking ‘‘6 passengers’’ and insert-
ing ‘‘8 passengers, including the driver,’’.
(b) REPEAL OF REVIEW PANEL.—Section 31134,
and the item relating to such section in the table of sec-
tions for chapter 311, are repealed.
(c) REPEAL OF SUBMISSION TO REVIEW PANEL.—
Section 31140, and the item relating to such section in
the table of sections for chapter 311, are repealed.
(d) REVIEW PROCEDURE.—Section 31141 is amend-
ed—
410
(1) by striking subsections (b) and (c) and in-
serting the following:
‘‘(b) SUBMISSION OF REGULATION.—A State that
enacts a State law or issues a regulation on commercial
motor vehicle safety shall submit a copy of the law or regu-
lation to the Secretary of Transportation immediately
after the enactment or issuance.
‘‘(c) REVIEW AND DECISIONS BY SECRETARY.—
‘‘(1) REVIEW.—The Secretary shall review
State laws and regulations on commercial motor ve-
hicle safety. The Secretary shall decide whether the
State law or regulation—
‘‘(A) has the same effect as a regulation
prescribed by the Secretary under section
31136;
‘‘(B) is less stringent than such regulation;
or
‘‘(C) is additional to or more stringent
than such regulation.
‘‘(2) REGULATIONS
WITH
SAME
EFFECT.—If
the Secretary decides a State law or regulation has
the same effect as a regulation prescribed by the
Secretary under section 31136 of this title, the State
law or regulation may be enforced.
411
‘‘(3) LESS STRINGENT REGULATIONS.—If the
Secretary decides a State law or regulation is less
stringent than a regulation prescribed by the Sec-
retary under section 31136 of this title, the State
law or regulation may not be enforced.
‘‘(4) ADDITIONAL OR MORE STRINGENT REGU-
LATIONS.—If the Secretary decides a State law or
regulation is additional to or more stringent than a
regulation prescribed by the Secretary under section
31136 of this title, the State law or regulation may
be enforced unless the Secretary also decides that—
‘‘(A) the State law or regulation has no
safety benefit;
‘‘(B) the State law or regulation is incom-
patible with the regulation prescribed by the
Secretary; or
‘‘(C) enforcement of the State law or regu-
lation would cause an unreasonable burden on
interstate commerce.
‘‘(5) CONSIDERATION
OF
EFFECT
ON
INTER-
STATE
COMMERCE.—In deciding under paragraph
(4) whether a State law or regulation will cause an
unreasonable burden on interstate commerce, the
Secretary may consider the effect on interstate com-
merce of implementation of that law or regulation
412
with the implementation of all similar laws and reg-
ulations of other States.’’;
(2) by striking subsection (e); and
(3) by redesignating subsections (f), (g), and
(h) as subsections (e), (f), and (g), respectively.
(e) INSPECTION OF SAFETY EQUIPMENT.—Section
31142(a) is amended by striking ‘‘part 393 of title 49,
Code of Federal Regulations’’ and inserting ‘‘the regula-
tions issued under section 31136’’.
(f) PROTECTION
OF
STATES
PARTICIPATING
IN
STATE GROUPS.—Section 31142(c)(1)(C) is amended—
(1) by inserting after ‘‘from’’ the following:
‘‘participating in the activities of a voluntary group
of States’’; and
(2) by striking ‘‘that meets’’ and all that fol-
lows through ‘‘1984’’.
(g) REPORT.—Not later than 180 days after the date
of the enactment of this Act, the Secretary shall transmit
to the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a
report on the status of implementation of the amendments
made by subsection (a)(2) of this section.
413
SEC. 408. IMPROVED INTERSTATE SCHOOL BUS SAFETY.
(a) APPLICABILITY OF FEDERAL MOTOR CARRIER
SAFETY REGULATIONS TO INTERSTATE SCHOOL BUS OP-
ERATIONS.—Section 31136 is amended by adding at the
end the following:
‘‘(g) APPLICABILITY TO SCHOOL TRANSPORTATION
OPERATIONS
OF LOCAL EDUCATION AGENCIES.—Not
later than 6 months after the date of the enactment of
this subsection, the Secretary shall issue regulations mak-
ing the relevant commercial motor carrier safety regula-
tions issued under subsection (a) applicable to all inter-
state school transportation operations by local educational
agencies (as defined in section 14101 of the Elementary
and Secondary Education Act of 1965).’’.
(b) REPORT.—Not later than 2 years after the date
of the enactment of this Act, the Secretary shall submit
to Congress a report describing the status of compliance
by private for-hire motor carriers and local educational
agencies in meeting the requirements of section 31136 of
title 49, United States Code, and any activities of the Sec-
retary or the States to enforce such requirements.
SEC. 409. REPEAL OF CERTAIN OBSOLETE MISCELLANEOUS
AUTHORITIES.
Subchapter IV of chapter 311 (including sections
31161 and 31162), and the items relating to such sub-