Topic: Transportation — Highways
Subject: Transportation and public works
Date: 2010-11-18 00:00:00

Motorcoach Enhanced Safety Act of 2010 - Directs the Secretary of Transportation to prescribe regulations requiring motorcoaches to be installed with: (1) safety seat belts at each seating position, (2) improved fire extinguishers or other firefighting equipment, (3) advanced glazing in each portal to prevent passenger ejection, (4) stability enhancing technology to reduce the number and frequency of rollover crashes, and (5) direct tire pressure monitoring systems. Requires the Secretary to prescribe regulations establishing improved strength and crush resistance standards for motorcoach roofs. Requires the Secretary to evaluate and issue performance requirements relating to: (1) the feasibility of establishing flammability standards for motorcoach exterior and interior components, (2) technologies to prevent wheel well fires, and (3) requirements for motorcoaches to be equipped with improved designs for emergency passenger evacuation and fire suppression systems. Requires the Secretary to: (1) conduct compartmentalization safety countermeasures, occupant impact protection, and collision avoidance research; and (2) issue a standard or regulation based on research results. Authorizes the Secretary to register a person to provide motorcoach services only after that person: (1) undergoes a pre-authorization safety audit, including verification of drug and alcohol testing, vehicle maintenance, and safety management programs; (2) has been interviewed about the carrier's safety management controls and written safety oversight policies and practices; and (3) has demonstrated proficiency to comply with such requirements. Requires each newly registered motorcoach owner or operator transporting property to undergo a safety review within the first 18 months after operations begin. Authorizes the Secretary to establish a fee to cover audit costs. Prescribes disclosure requirements for registration applicants regarding reincarnated motor carriers, and authorizes the Secretary to suspend, amend, or revoke a motor carrier registration for violation of those and other specified requirements, regulations, or orders. Prohibits two or more motorcoach operators from using common ownership, common management, common control, or common familial relationship to avoid compliance, or conceal noncompliance or a history of noncompliance with commercial motor vehicle safety regulations or an order of the Secretary. Prescribes penalties for violation of this prohibition. Requires the Secretary to: (1) determine the safety fitness and assign a rating, updated triennially, for each registered motorcoach operator, and (2) establish a process for monitoring regularly the safety performance of each operator following the assignment of a rating. Requires the Secretary to: (1) establish minimum curricular requirements for entry-level motorcoach drivers and drivers upgrading from one class of commercial driver's license to another; and (2) require each motorcoach driver seeking a commercial driver's license (CDL) passenger endorsement to undergo training that includes such requirements before taking the CDL test. Requires the Secretary to issue a final rule in Docket No. Federal Motor Carrier Safety Administration (FMCSA) 2007-27659: Commercial Driver's License Testing and Commercial Learner's Permit Standards that improves the stringency of examination for the CDL passenger-carrying endorsement. Requires the Secretary to submit a plan to Congress requiring all or certain classes of drivers to: (1) have a CDL passenger-carrying endorsement in order to operate a commercial van transporting 9 to 15 passengers in interstate commerce; and (2) be tested for drugs and alcohol. Revises examination requirements for the listing of medical examiners in a national registry. Requires the Secretary to establish a national registry of medical examiners. Directs the Secretary to prescribe regulations to require all motorcoaches in interstate commerce to be equipped with electronic onboard recorders. Requires the Secretary to complete a rulemaking proceeding to consider requiring states to conduct annual inspections of commercial passenger motor vehicles. Requires the Secretary to: (1) prescribe regulations on the use of electronic or wireless devices (including cell phones and other distracting devices) by motorcoach operators; and (2) prohibit their use in cases where they interfere with the driver's safe operation of a motorcoach, but not when necessary for driver or public safety in emergency situations. Redefines "employer," for purposes of the application of federal commercial motor vehicle safety standards, to include a person that offers for rent or lease in interstate commerce motor vehicles used to transport more than 15 passengers (including the driver) from the same location, or as part of the same business provides names or contact information of drivers, or holds itself out to the public as a charter bus company. Requires the Secretary to register brokers for transportation of passengers.