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(1) COMPLIANCE
WITH
SUCCESSOR
STAND-
ARDS.—Any rule promulgated pursuant to this sec-
tion may not prohibit the operation on public roads 
of agricultural equipment that is equipped in accord-
ance with any adopted revision of ASABE Standard 
279 that is later than the revision of such standard 
that was referenced during the promulgation of the 
rule. 
(2) NO
RETROFITTING
REQUIRED.—Any rule 
promulgated pursuant to this section may not require 
the retrofitting of agricultural equipment that was 
manufactured before the date on which the lighting 
and marking standards are enforceable under sub-
section (b)(2)(A). 
(3) NO EFFECT ON ADDITIONAL MATERIALS AND 
EQUIPMENT.—Any rule promulgated pursuant to this 
section may not prohibit the operation on public 
roads of agricultural equipment that is equipped with 
materials or equipment that are in addition to the 
minimum materials and equipment specified in the 
standard upon which such rule is based.
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TITLE II—COMMERCIAL MOTOR 
VEHICLE SAFETY ENHANCE-
MENT ACT OF 2012 
SEC. 32001. SHORT TITLE. 
This title may be cited as the ‘‘Commercial Motor Ve-
hicle Safety Enhancement Act of 2012’’. 
SEC. 32002. REFERENCES TO TITLE 49, UNITED STATES 
CODE. 
Except as otherwise expressly provided, whenever in 
this title an amendment or repeal is expressed in terms of 
an amendment to, or a repeal of, a section or other provi-
sion, the reference shall be considered to be made to a section 
or other provision of title 49, United States Code. 
Subtitle A—Commercial Motor 
Vehicle Registration 
SEC. 32101. REGISTRATION OF MOTOR CARRIERS. 
(a) 
REGISTRATION
REQUIREMENTS.—Section 
13902(a)(1) is amended to read as follows: 
‘‘(1) IN GENERAL.—Except as otherwise provided 
in this section, the Secretary of Transportation may 
not register a person to provide transportation subject 
to jurisdiction under subchapter I of chapter 135 as 
a motor carrier unless the Secretary determines that 
the person— 
‘‘(A) is willing and able to comply with—
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‘‘(i) this part and the applicable regu-
lations of the Secretary and the Board; 
‘‘(ii) any safety regulations imposed by 
the Secretary; 
‘‘(iii) the duties of employers and em-
ployees established by the Secretary under 
section 31135; 
‘‘(iv) the safety fitness requirements es-
tablished by the Secretary under section 
31144; 
‘‘(v) the accessibility requirements es-
tablished by the Secretary under subpart H 
of part 37 of title 49, Code of Federal Regu-
lations (or successor regulations), for trans-
portation provided by an over-the-road bus; 
and 
‘‘(vi) the minimum financial responsi-
bility requirements established by the Sec-
retary under sections 13906, 31138, and 
31139; 
‘‘(B) has submitted a comprehensive man-
agement plan documenting that the person has 
management systems in place to ensure compli-
ance with safety regulations imposed by the Sec-
retary;
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‘‘(C) has disclosed any relationship involv-
ing common ownership, common management, 
common control, or common familial relation-
ship between that person and any other motor 
carrier, freight forwarder, or broker, or any other 
applicant for motor carrier, freight forwarder, or 
broker registration, or a successor (as that term 
is defined under section 31153), if the relation-
ship occurred in the 5-year period preceding the 
date of the filing of the application for registra-
tion; and 
‘‘(D) after the Secretary establishes a writ-
ten proficiency examination pursuant to section 
32101(b) of the Commercial Motor Vehicle Safety 
Enhancement Act of 2012, has passed the written 
proficiency examination.’’. 
(b) WRITTEN PROFICIENCY EXAMINATION.— 
(1) ESTABLISHMENT.—Not later than 18 months 
after the date of enactment of this Act, the Secretary 
shall establish a written proficiency examination for 
applicant 
motor 
carriers 
pursuant 
to 
section 
13902(a)(1)(D) of title 49, United States Code. The 
written proficiency examination shall test a person’s 
knowledge of applicable safety regulations, standards,
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and orders of the Federal government and State gov-
ernment. 
(2) ADDITIONAL FEE.—The Secretary may assess 
a fee to cover the expenses incurred by the Depart-
ment of Transportation in— 
(A) developing and administering the writ-
ten proficiency examination; and 
(B) reviewing the comprehensive manage-
ment plan required under section 13902(a)(1)(B) 
of title 49, United States Code. 
(c) CONFORMING AMENDMENT.—Section 210(b) of the 
Motor Carrier Safety Improvement Act of 1999 (49 U.S.C. 
31144 note) is amended— 
(1) by inserting ‘‘, commercial regulations, and 
provisions of subpart H of part 37 of title 49, Code 
of Federal Regulations, or successor regulations’’ after 
‘‘applicable safety regulations’’; and 
(2) by striking ‘‘consider the establishment of’’ 
and inserting ‘‘establish’’. 
(d) TRANSPORTATION
OF AGRICULTURAL COMMOD-
ITIES
AND FARM SUPPLIES.—Section 229(a)(1) of the 
Motor Carrier Safety Improvement Act of 1999 (49 U.S.C. 
31136 note) is amended to read as follows: 
‘‘(1) TRANSPORTATION OF AGRICULTURAL COM-
MODITIES
AND
FARM
SUPPLIES.—Regulations pre-
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scribed by the Secretary under sections 31136 and 
31502 regarding maximum driving and on-duty time 
for drivers used by motor carriers shall not apply 
during planting and harvest periods, as determined 
by each State, to— 
‘‘(A) drivers transporting agricultural com-
modities in the State from the source of the agri-
cultural commodities to a location within a 100 
air-mile radius from the source; 
‘‘(B) drivers transporting farm supplies for 
agricultural purposes in the State from a whole-
sale or retail distribution point of the farm sup-
plies to a farm or other location where the farm 
supplies are intended to be used within a 100 
air-mile radius from the distribution point; or 
‘‘(C) drivers transporting farm supplies for 
agricultural purposes in the State from a whole-
sale distribution point of the farm supplies to a 
retail distribution point of the farm supplies 
within a 100 air-mile radius from the wholesale 
distribution point.’’. 
SEC. 32102. SAFETY FITNESS OF NEW OPERATORS. 
(a) SAFETY REVIEWS OF NEW OPERATORS.—Section 
31144(g)(1) is amended to read as follows: 
‘‘(1) SAFETY REVIEW.—