126
of financial responsibility sufficient to satisfy liabil-
ity amounts established by the Secretary covering 
public liability and property damage for the trans-
portation of passengers for compensation by motor ve-
hicle in the United States between a place in a State 
and—
‘‘(A) a place in another State; 
‘‘(B) another place in the same State 
through a place outside of that State; or 
‘‘(C) a place outside the United States. 
‘‘(2) TRANSPORTATION OF PASSENGERS NOT FOR 
COMPENSATION.—The Secretary may prescribe regu-
lations to require minimum levels of financial respon-
sibility sufficient to satisfy liability amounts estab-
lished by the Secretary covering public liability and 
property damage for the transportation of passengers 
for commercial purposes, but not for compensation, by 
motor vehicle in the United States between a place in 
a State and—
‘‘(A) a place in another State; 
‘‘(B) another place in the same State 
through a place outside of that State; or 
‘‘(C) a place outside the United States.’’; 
and
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(2) by striking ‘‘commercial’’ each place it ap-
pears in subsection (c)(4). 
(b) TRANSPORTATION OF PROPERTY.—Section 31139 
of such title is amended—
(1) by striking ‘‘commercial motor vehicle’’ in 
subsection (b)(1) and inserting ‘‘motor carrier or 
motor private carrier (as such terms are defined in 
section 13102 of this title)’’; and 
(2) by striking ‘‘commercial’’ in subsection (c). 
(c) DEFINITIONS RELATING TO MOTOR CARRIERS.—
Paragraphs (6)(B), (7)(B), (14), and (15) of section 13102 
of such title are each amended by striking ‘‘commercial 
motor vehicle (as defined in section 31132)’’ and inserting 
‘‘motor vehicle’’. 
(d) FREIGHT FORWARDERS.—Section 13903(a) of 
such title is amended to read as follows: 
‘‘(a) IN GENERAL.—The Secretary shall register a per-
son to provide service subject to jurisdiction under sub-
chapter III of chapter 135 as a freight forwarder if the Sec-
retary finds that the person is fit, willing, and able to pro-
vide the service and to comply with this part and applicable 
regulations of the Secretary and the Board.’’. 
(e) BROKERS.—Section 13904(a) of such title is 
amended to read as follows:
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‘‘(a) IN GENERAL.—The Secretary shall register, sub-
ject to section 13906(b), a person to be a broker for trans-
portation of property subject to jurisdiction under sub-
chapter I of chapter 135, if the Secretary finds that the per-
son is fit, willing, and able to be a broker for transportation 
and to comply with this part and applicable regulations 
of the Secretary.’’. 
SEC. 306. APPLICABILITY OF FAIR LABOR STANDARDS ACT 
REQUIREMENTS AND LIMITATION ON LIABIL-
ITY. 
(a) APPLICABILITY FOLLOWING THIS ACT.—Begin-
ning on the date of enactment of this Act, section 7 of the 
Fair Labor Standards Act of 1938 (29 U.S.C. 207) shall 
apply to a covered employee notwithstanding section 
13(b)(1) of that Act (29 U.S.C. 213(b)(1)). 
(b) LIABILITY LIMITATION FOLLOWING SAFETEA–
LU.—
(1) LIMITATION
ON
LIABILITY.—An employer 
shall not be liable for a violation of section 7 of the 
Fair Labor Standards Act of 1938 (29 U.S.C. 207) 
with respect to a covered employee if—
(A) the violation occurred in the 1-year pe-
riod beginning on August 10, 2005; and 
(B) as of the date of the violation, the em-
ployer did not have actual knowledge that the
129
employer was subject to the requirements of such 
section with respect to the covered employee. 
(2) ACTIONS TO RECOVER AMOUNTS PREVIOUSLY 
PAID.—Nothing in paragraph (1) shall be construed 
to establish a cause of action for an employer to re-
cover amounts paid before the date of enactment of 
this Act in settlement of, in compromise of, or pursu-
ant to a judgment rendered regarding a claim or po-
tential claim based on an alleged or proven violation 
of section 7 of the Fair Labor Standards Act of 1938 
(29 U.S.C. 207) occurring in the 1-year period re-
ferred to in paragraph (1)(A) with respect to a cov-
ered employee. 
(c) COVERED EMPLOYEE DEFINED.—In this section, 
the term ‘‘covered employee’’ means an individual—
(1) who is employed by a motor carrier or motor 
private carrier (as such terms are defined by section 
13102 of title 49, United States Code, as amended by 
section 305); 
(2) whose work, in whole or in part, is defined—
(A) as that of a driver, driver’s helper, load-
er, or mechanic; and 
(B) as affecting the safety of operation of 
motor vehicles weighing 10,000 pounds or less in