Transportation and Logistics Hiring Reform Act

Bill: 114-s-1454
Sponsor: full_name: Sen. Fischer, Deb [R-NE]
Introduced: 2015-05-21
Policy area: Transportation and Public Works
Subjects: Administrative law and regulatory procedures

Civil actions and liability

Department of Transportation

Evidence and witnesses

Licensing and registrations

Motor carriers

Transportation safety and security
Latest action: action_date: 2015-05-21
text: Read twice and referred to the Committee on Commerce, Science, and Transportation.

Summaries:
action_date: 2015-05-21
action_desc: Introduced in Senate
text: <p><strong>Transportation and Logistics Hiring Reform Act</strong></p> <p>This bill establishes a national hiring standard for motor carriers.</p> <p>The bill defines an"entity" as a person acting as:</p> <ul> <li>a shipper or a consignee; </li> <li> a broker, a freight forwarder, or a household goods freight forwarder;</li> <li> a non-vessel-operating common carrier, an ocean freight forwarder, or an ocean transportation intermediary;</li> <li> an indirect air carrier authorized to operate under a Standard Security Program approved by the Transportation Security Administration; </li> <li> a federally licensed customs broker;</li> <li>an interchange motor carrier; or</li> <li> a warehouse. </li></ul> <p>Before tendering a shipment, but not more than 35 days before the pickup of a shipment by the hired motor carrier, an entity shall verify that the carrier:</p> <ul> <li> is registered with and authorized by the Federal Motor Carrier Safety Administration (FMCSA) to operate as a motor carrier or household goods motor carrier; </li> <li> has the minimum insurance coverage required by federal law; and </li> <li> does not have an unsatisfactory safety fitness rating issued by the FMCSA.</li> </ul> <p>Only evidence of an entity's compliance with this Act may be admitted as evidence in a civil action for damages resulting from a claim of negligent selection or retention of such motor carrier against the entity. No other motor carrier data created or maintained by the FMCSA, including safety measurement system data or analysis of such data, may be admitted in a case or proceeding in which it is asserted or alleged that an entity's selection or retention of a motor carrier was negligent. </p> <p>The Secretary of Transportation shall promulgate safety fitness determination regulations that update and revise the standards for establishing an unsatisfactory safety rating for motor carriers. In the regulations promulgated, the Secretary shall determine if a carrier is not fit to operate a commercial motor vehicle in or affecting interstate commerce.</p> <p> All commercial carriers shall comply with all applicable federal laws pertaining to safety.</p>

tv_txt: II 114th CONGRESS 1st Session S. 1454 IN THE SENATE OF THE UNITED STATES May 21, 2015 Mrs. Fischer (for herself and Mr. Blunt ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To enhance interstate commerce by creating a National Hiring Standard for Motor Carriers.

1. Short title This Act may be cited as the Transportation and Logistics Hiring Reform Act . 2. Definitions In this Act: (1) Entity The term entity means a person acting as— (A) a shipper or a consignee; (B) a broker, a freight forwarder, or a household goods freight forwarder (as such terms are defined in section 13102 of title 49, United States Code); (C) a non-vessel-operating common carrier, an ocean freight forwarder, or an ocean transportation intermediary (as such terms are defined in section 40102 of title 46, United States Code); (D) an indirect air carrier authorized to operate under a Standard Security Program approved by the Transportation Security Administration; (E) a customs broker licensed in accordance with section 111.2 of title 19, Code of Federal Regulations; (F) an interchange motor carrier subject to paragraphs (1)(B) and (2) of section 13902(i); or (G) a warehouse (as defined in Article 7–102(13) of the Uniform Commercial Code). (2) Motor carrier The term motor carrier means a motor carrier or a household goods motor carrier (as such terms are defined in section 13102 of title 49, United States Code) that is subject to Federal motor carrier financial responsibility and safety regulations. (3) State The term State means each of the 50 States, a political subdivision of any such State, any intrastate agency, any other political agency of 2 or more States, the District of Columbia, American Samoa, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands. 3. National hiring standards for motor carriers (a) National standard Before tendering a shipment, but not more than 35 days before the pickup of a shipment by the hired motor carrier, an entity shall verify that the motor carrier, at the time of such verification— (1) is registered with and authorized by the Federal Motor Carrier Safety Administration to operate as a motor carrier or household goods motor carrier, if applicable; (2) has the minimum insurance coverage required by Federal law; and (3) (A) before the safety fitness regulations are issued pursuant to subsection (c), does not have an unsatisfactory safety fitness rating issued by the Federal Motor Carrier Safety Administration in force at the time of such verification; or (B) after the safety fitness regulations are issued pursuant to subsection (c), does not have a safety fitness rating issued by the Federal Motor Carrier Safety Administration under such regulations that is the equivalent of the unsatisfactory fitness rating referred to in subparagraph (A). (b) Intended use of data (1) In general Only evidence of an entity’s compliance with subsection (a) may be admitted as evidence or otherwise used in a civil action for damages resulting from a claim of negligent selection or retention of such motor carrier against the entity. (2) Excluded evidence All other motor carrier data created or maintained by the Federal Motor Carrier Safety Administration including safety measurement system data or analysis of such data, may not be admitted into evidence in a case or proceeding in which it is asserted or alleged that an entity’s selection or retention of a motor carrier was negligent. (c) Rulemaking (1) In general Not later than 18 months after the date of the enactment of this Act, the Secretary of Transportation shall promulgate safety fitness determination regulations that update and revise the standards for establishing an unsatisfactory safety rating for motor carriers. (2) Factors for an unsatisfactory rating In the regulations promulgated pursuant to paragraph (1), the Secretary shall determine if a motor carrier is not fit to operate a commercial motor vehicle in or affecting interstate commerce in accordance with section 31144 of title 49, United States Code. (d) Compliance with all safety laws All commercial carriers shall comply with all applicable Federal laws pertaining to safety. 4. Applicability and effective date Notwithstanding any other provision of law, this Act shall apply with respect to any action commenced on or after the date of the enactment of this Act without regard to whether the harm that is the subject of the action, or the conduct that caused the harm, occurred before such date of enactment.