[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 873 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 873
To improve the safety of motorcoaches and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 2, 2011
Mr. Lewis of Georgia introduced the following bill; which was referred
to the Committee on Transportation and Infrastructure, and in addition
to the Committee on Energy and Commerce, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To improve the safety of motorcoaches and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Motorcoach
Enhanced Safety Act of 2011''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Regulations for improved occupant protection and collision
avoidance.
Sec. 4. Standards for improved fire safety.
Sec. 5. Occupant protection and collision avoidance research.
Sec. 6. New entrants.
Sec. 7. Reincarnated carriers.
Sec. 8. Improved oversight of motorcoach service providers.
Sec. 9. Motorcoach driver training.
Sec. 10. Improved testing for the commercial driver's license passenger
endorsement.
Sec. 11. Improved physical fitness oversight and commercial driver
medical certificates.
Sec. 12. Safety and enforcement technology for motorcoaches.
Sec. 13. Safety inspection program for commercial motor vehicles of
passengers.
Sec. 14. Distracted driving.
Sec. 15. Motorcoach rental or leasing companies.
Sec. 16. Registration of brokers for motor carriers of passengers.
Sec. 17. Regulations.
SEC. 2. DEFINITIONS.
In this Act:
(1) Advanced glazing.--The term ``advanced glazing'' means
glazing installed in a portal on the side or the roof of a
motorcoach that is designed to be highly resistant to partial
or complete occupant ejection in all types of motor vehicle
crashes.
(2) Bus.--The term ``bus'' has the meaning given such term
in section 571.3(b) of title 49, Code of Federal Regulations
(as in effect on the day before the date of enactment of this
Act).
(3) Commercial motor vehicle.--Except as otherwise
specified, the term ``commercial motor vehicle'' has the
meaning given such term in section 31132(1) of title 49, United
States Code.
(4) Direct tire pressure monitoring system.--The term
``direct tire pressure monitoring system'' means a tire
pressure monitoring system that is capable of directly
detecting when the air pressure level in any tire is
significantly underinflated and providing the driver a low tire
pressure warning as to which specific tire is significantly
underinflated.
(5) Electronic on-board recorder.--The term ``electronic
on-board recorder'' means an electronic device that acquires
and stores data showing the record of duty status of the
vehicle operator and performs the functions required of an
automatic on-board recording device in section 395.15(b) of
title 49, Code of Federal Regulations.
(6) Event data recorder.--The term ``event data recorder''
has the meaning given that term in section 563.5 of title 49,
Code of Federal Regulations.
(7) Motor carrier.--The term ``motor carrier'' means--
(A) a motor carrier, as defined in section
13102(14) of title 49, United States Code; or
(B) a motor private carrier, as defined in section
13102(15) of such title.
(8) Motorcoach.--The term ``motorcoach'' means a bus with a
gross vehicle weight rating of 26,000 pounds or greater, 16 or
more designated seating positions (including the driver), and
at least 2 rows of passenger seats rearward of the driver's
seating position that are forward-facing or can be converted to
forward-facing without the use of tools, but does not include--
(A) a bus used in transit service provided by a
State or local government; or
(B) a school bus, including a multifunction school
activity bus.
(9) Motorcoach services.--The term ``motorcoach services''
means passenger transportation by motorcoach for compensation.
(10) Multifunction school activity buses.--The term
``multifunction school activity buses'' has the meaning given
such term in section 571.3(b) of title 49, Code of Federal
Regulations (as in effect on the day before the date of
enactment of this Act).
(11) Portal.--The term ``portal'' means any opening on the
front, sides, rear, or roof of a motorcoach that could, in the
event of a crash involving the motorcoach, permit the partial
or complete ejection of any occupant from the motorcoach,
including a young child.
(12) Provider of motorcoach services.--The term ``provider
of motorcoach services'' means a motor carrier that provides
passenger transportation services with a motorcoach, including
per-trip compensation and contracted or chartered compensation.
(13) Safety belt.--The term ``safety belt'' has the meaning
given such term in section 153(i)(4)(B) of title 23, United
States Code.
(14) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(15) Transit service.--The term ``transit service'' means
motorcoach service characterized by operating speeds of less
than 45 miles per hour and frequent stops.
SEC. 3. REGULATIONS FOR IMPROVED OCCUPANT PROTECTION AND COLLISION
AVOIDANCE.
(a) Regulations Required Within 1 Year.--Not later than 1 year
after the date of the enactment of this Act, the Secretary shall
prescribe regulations as follows:
(1) Safety belts.--The Secretary shall issue a final rule
in Docket No. NHTSA 2010-0112: Federal Motor Vehicle Standards;
Motorcoach Definition; Occupant Crash Protection, to require
safety belts to be installed in motorcoaches at each designated
seating position.
(2) Firefighting equipment.--The Secretary shall require
the installation in motorcoaches of improved fire extinguishers
or other readily available firefighting equipment for the
purpose of effectively extinguishing fires in motorcoaches to
prevent passenger deaths and injuries.
(b) Regulations Required Within 18 Months.--Not later than 18
months after the date of the enactment of this Act, the Secretary shall
prescribe regulations--
(1) establishing improved roof standards for motorcoaches
that substantially improve the resistance of motorcoach roofs
to deformation and intrusion to prevent serious occupant injury
in rollover crashes involving motorcoaches; and
(2) requiring advanced glazing to be installed in each
motorcoach portal to prevent partial or complete ejection of
passengers of motorcoaches, including such passengers that are
children.
(c) Regulations Required Within 2 Years.--Not later than 2 years
after the date of enactment of this Act, the Secretary shall prescribe
commercial motor vehicle regulations as follows:
(1) Rollover crash avoidance.--The Secretary shall require
motorcoaches to be equipped with stability enhancing
technology, such as electronic stability control, or torque
vectoring, to reduce the number and frequency of rollover
crashes among motorcoaches.
(2) Commercial motor vehicle tire pressure monitoring
systems.--
(A) The Secretary shall issue regulations that
require motorcoaches to be equipped with direct tire
pressure monitoring systems that warn the operator of a
commercial motor vehicle when any tire exhibits a level
of air pressure that is below a specified level of air
pressure established by the Secretary.
(B) The regulations prescribed by the Secretary
under this section shall include performance
requirements to ensure that direct tire pressure
monitoring systems are capable of--
(i) providing a warning to the driver when
1 or more tires are underinflated;
(ii) activating in a specified time period
after the underinflation is detected; and
(iii) operating at different vehicle
speeds.
(3) Tire performance standard.--The Secretary shall upgrade
performance standards for tires used on motorcoaches, including
an enhanced endurance test and a new high-speed performance
test.
(d) Application of Regulations.--
(1) New motorcoaches.--A regulation prescribed in
accordance with subsection (a), (b), or (c) shall apply to all
motorcoaches manufactured more than 2 years after the date on
which the regulation is published as a final rule.
(2) Retrofit safety requirements for existing
motorcoaches.--
(A) In general.--
(i) Except as provided in subparagraph (B),
a regulation prescribed in accordance with
subsection (a)(1) shall apply to all
motorcoaches used for motorcoach services on or
after the effective date of such regulation.
(ii) Except as provided in subparagraph
(B), a regulation prescribed in accordance with
subsection (a)(2) shall apply to all
motorcoaches used for motorcoach services on or
after the effective date of such regulation.
(B) Exception.--In the case of a motorcoach that
was used for motorcoach services before the effective
date of a regulation described in subparagraph (A),
such regulation shall not apply to such motorcoach
until--
(i) 2 years after the effective date of
such regulation; or
(ii) if the Secretary determines that the
application date described in clause (i) would
cause undue hardship, 5 years after the
effective date of such regulation.
SEC. 4. STANDARDS FOR IMPROVED FIRE SAFETY.
(a) Evaluations.--Within 18 months after the date of enactment of
this Act, the Secretary shall complete an evaluation of the following:
(1) Flammability standard for exterior components.--The
Secretary shall examine the feasibility of establishing
requirements for fire hardening or fire resistance of
motorcoach exterior components to prevent fire and smoke
inhalation injuries to occupants.
(2) Smoke suppression.--The Secretary shall review Federal
motor vehicle safety standard number 302 (49 C.F.R. 571.302;
relating to flammability of interior materials) to consider
more realistic tests to improve the resistance of motorcoach
interiors and components to burning and permit sufficient time
for the safe evacuation of passengers from motorcoaches.
(3) Prevention of, and resistance to, wheel well fires.--
The Secretary shall assess technologies to prevent and mitigate
the propagation of wheel well fires into the passenger
compartment and substantially reduce occupant deaths and
injuries from such fires.
(4) Passenger evacuation.--The Secretary shall evaluate
requirements for motorcoaches to be equipped with the
following:
(A) Improved emergency evacuation designs.--
Improved emergency exit window, door, roof hatch, and
wheelchair lift door designs to expedite access and use
by passengers of motorcoaches under all emergency
circumstances, including crashes and fires.
(B) Emergency interior lighting.--Emergency
interior lighting systems, including luminescent or
retroreflectorized delineation of evacuation paths and
exits, that are triggered by a crash or other emergency
incidents to accomplish more rapid and effective
evacuation of passengers.
(5) Automatic fire suppression.--The Secretary shall
evaluate requirements for motorcoaches to be equipped with
highly effective fire suppression systems that automatically
respond to and suppress all fires in such motorcoaches.
(b) Performance Requirements.--Not later than 3 years after the
date of enactment of this Act, the Secretary shall issue performance
requirements for improved fire safety and passenger evacuation based on
the results of the evaluations conducted under subsection (a).
SEC. 5. OCCUPANT PROTECTION AND COLLISION AVOIDANCE RESEARCH.
(a) Safety Research Initiatives.--Not later than 2 years after the
date of enactment of this Act, the Secretary shall complete research on
the following:
(1) Compartmentalization safety countermeasures.--Enhanced
compartmentalization safety countermeasures for motorcoaches,
including enhanced seating designs, to reduce substantially the
risk of passengers being thrown from their seats and colliding
with other passengers, interior surfaces, and components in the
event of a crash involving a motorcoach.
(2) Interior impact protection.--Enhanced occupant impact
protection standards for motorcoach interiors to reduce
substantially serious injuries for all passengers of
motorcoaches.
(3) Collision avoidance systems.--Forward and lateral crash
warning systems applications for motorcoaches.
(b) Standards and Regulations.--Not later than 2 years after the
completion of each research initiative required by subsection (a), the
Secretary shall issue a standard or regulation based on the results of
that research.
SEC. 6. NEW ENTRANTS.
(a) Registration Requirements.--Section 13902(b) of title 49,
United States Code, is amended by redesignating paragraphs (1) through
(8) as paragraphs (3) through (10), respectively, and inserting before
paragraph (3), as redesignated, the following:
``(1) ADDITIONAL REGISTRATION REQUIREMENTS FOR PROVIDERS OR
MOTORCOACH SERVICES--In addition to meeting the requirements of
subsection (a)(1), the Secretary may register a person to
provide motorcoach services only after that person--
``(A) undergoes a pre-authorization safety audit,
including verification, in a manner sufficient to
demonstrate the ability to comply with Federal rules
and regulations, of--
``(i) a drug and alcohol testing program
consistent with part 40 of title 49, Code of
Federal Regulations;
``(ii) the carrier's system of compliance
with hours-of-service rules, including hours-
of-service records;
``(iii) the ability to obtain required
insurance;
``(iv) driver qualifications, including the
validity of the commercial driver's license of
each driver who will be operating under such
authority;
``(v) disclosure of common ownership,
common control, common management, common
familial relationship, or other corporate
relationship with another motor carrier or
applicant for motor carrier authority over the
past 3 years;
``(vi) records of the State inspections, or
of a Level I or V Commercial Vehicle Safety
Alliance Inspection, for all vehicles that will
be operated by the carrier;
``(vii) safety management programs,
including vehicle maintenance and repair
programs; and
``(viii) the ability to comply with the
Americans with Disabilities Act of 1990 (42
U.S.C. 12101 et seq.) and the Over-the-Road Bus
Transportation Accessibility Act of 2007 (49
U.S.C. 10101 note);
``(B) has been interviewed to review safety
management controls and the carrier's written safety
oversight policies and practices; and
``(C) has demonstrated, through the successful
completion of a written examination developed by the
Secretary, proficiency to comply with and carry out the
requirements and regulations described in subsection
(a)(1).
``(2) Pre-authorization safety audit.--The pre-
authorization safety audit required by paragraph (1)(A) shall
be completed on-site no later than 90 days following the
submission of an application for operating authority.
``(3) Fee.--The Secretary may establish, under section 9701
of title 31, a fee of not more than $1,200 for new registrants
that as nearly as possible covers the costs of performing a
preauthorization safety audit. An amount collected under this
subsection shall be deposited in the Highway Trust Fund (other
than the Mass Transit Account).''.
(b) Safety Reviews of New Operators.--Section 31144(g)(1) of title
49, United States Code, is amended by inserting ``transporting
property'' after ``each operator''.
(c) Effective Date.--The amendments made by this section shall take
effect 1 year after the date of enactment of this Act.
SEC. 7. REINCARNATED CARRIERS.
(a) Registration Requirements.--Section 13902(b) of title 49,
United States Code, is amended by redesignating paragraphs (1) through
(8) as paragraphs (2) through (9), respectively, and inserting before
paragraph (2), as redesignated, the following:
``(1) Disclosure of prior relationships.--In addition to
meeting the requirements under subsection (a)(1), the Secretary
shall require applicants for authority to transport passengers
to disclose any relationship involving common ownership, common
management, or common familial relationship between that person
and any other motor carrier, if the relationship occurred in
the 3-year period preceding the date of the filing of the
application for registration.''.
(b) Denial, Suspension, Amendment, or Revocation of Registration.--
Section 13905(d)(1) of title 49, United States Code, is amended--
(1) by striking ``registration; and'' and inserting
``registration;'';
(2) by striking ``penalty.'' and inserting ``penalty; and
(C) deny, suspend, amend, or revoke all or part of a
registration of a motor carrier following a determination by
the Secretary that the motor carrier failed to disclose in its
application for registration a material fact relevant to its
willingness and ability to comply with--
``(i) this part;
``(ii) an applicable regulation or order of the
Secretary or the Board; or
``(iii) a condition of its registration.''.
(c) Procedure.--Section 13905(e)(1) of such title is amended by
striking ``registrant'' and inserting ``registrant, or if the Secretary
determines that the registrant has failed to disclose a material fact
in its application for registration in accordance with subsection
(d)(1)(C),''.
(d) Duties of Employers and Employees.--Section 31135 of such title
is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following:
``(d) Avoiding Compliance.--Two or more employers shall not use
common ownership, common management, common control, or common familial
relationship to enable any or all such employers to avoid compliance,
or mask or otherwise conceal noncompliance, or a history of
noncompliance, with commercial motor vehicle safety regulations issued
under this subchapter, chapter 315, or an order of the Secretary issued
under this subchapter, chapter 315, or such regulations. If the
Secretary determines that actions described in the preceding sentence
have occurred, the Secretary shall deny, suspend, amend, or revoke all
or part of any such employer's registration under section 13905, and
shall take into account such noncompliance for purposes of determining
civil penalty amount under section 521(b)(2)(D).''.
SEC. 8. IMPROVED OVERSIGHT OF MOTORCOACH SERVICE PROVIDERS.
(a) In General.--Section 31144 of title 49, United States Code, is
amended by adding at the end the following:
``(h) Periodic Safety Reviews of Providers of Motorcoach
Services.--
``(1) Safety review.--
``(A) In general.--The Secretary shall determine
the safety fitness of all providers of motorcoach
services registered with the Federal Motor Carrier
Safety Administration and assign a safety fitness
rating to each such provider.
``(B) Applicability.--Subparagraph (A) shall
apply--
``(i) to any provider of motorcoach
services registered with the Administration
after the date of enactment of the Motorcoach
Enhanced Safety Act of 2011, not later than 2
years after the date of registration; and
``(ii) to any provider of motorcoach
services registered with the Administration on
or before the date of enactment of that Act,
not later than 3 years after the date of
enactment of that Act.
``(2) Periodic review.--The Secretary shall establish a
process, by regulation, for monitoring the safety performance
of each provider of motorcoach services on a regular basis
following the assignment of a safety fitness rating, including
progressive intervention to correct unsafe practices.
``(3) Enforcement strike forces.--In addition to the
enhanced monitoring and enforcement actions required under
paragraph (2), the Secretary may organize special enforcement
strike forces targeting providers of motorcoach services, when
and where the Secretary considers appropriate.
``(4) Periodic update of safety fitness rating.--As part of
the safety review required by this subsection, the Secretary
shall reassess such rating no less frequently than every 3
years.
``(5) Motorcoach services defined.--In this subsection, the
term `provider of motorcoach services' has the meaning provided
such term in section 2 of the Motorcoach Enhanced Safety Act of
2011.''
(b) Revision of Safety Fitness Rating Methodology.--Not later than
one year after the date of enactment of this Act, the Secretary shall
revise the safety fitness rating methodology of the Department of
Transportation established pursuant to section 31144 of title 49,
United States Code, to meet the goals of the safety recommendation H-
99-6 of the National Transportation Safety Board issued February 26,
1999.
(c) High-Risk Carrier Compliance Reviews.--The second sentence of
section 4138 of Public Law 109-59 (49 U.S.C. 31144 note) is amended by
striking ``is rated as category A or B for 2 consecutive months.'' and
inserting ``meets the Safety Measurement System criteria for being a
high-risk motor carrier for 2 consecutive months.''.
SEC. 9. MOTORCOACH DRIVER TRAINING.
(a) Establishment of Training Curriculum.--
(1) In general.--Not later than 6 months after the date of
enactment of this Act, the Secretary shall establish, by
regulation, minimum curricular requirements for entry-level
drivers of motorcoaches and drivers upgrading from one class of
commercial driver's license to another, to be adopted by public
and private schools and motor carriers and motorcoach operators
that provide training for such drivers.
(2) Curricular requirements.--The curricular requirements
under paragraph (1) shall include the following:
(A) Classroom and behind-the-wheel instruction that
is adequate for training entry-level drivers of
motorcoaches and drivers upgrading from one class of
commercial driver's license to another to safely
operate motorcoaches and respond effectively to
emergency situations.
(B) Instruction in advanced knowledge and skills
that are necessary to operate motorcoaches safely,
including knowledge and skills necessary--
(i) to suppress motorcoach fires; and
(ii) to evacuate passengers from
motorcoaches safely.
(b) Training Required.--
(1) In general.--The Secretary shall require each
motorcoach driver seeking a commercial driver's license
passenger endorsement to undergo a training program that
includes the minimum curricular requirements established under
subsection (a) before taking a test for a commercial driver's
license passenger endorsement.
(2) Verification required.--The Secretary shall require
that--
(A) each trainer of a driver seeking a commercial
driver's license passenger endorsement shall submit to
the appropriate State licensing authority information
on any driver that has successfully completed a
motorcoach driver training course that includes the
curricular requirements established under subsection
(a); and
(B) the State licensing authority may not
administer the skills test for the passenger
endorsement nor issue a passenger endorsement to a
driver unless the State licensing authority verifies
that the driver has successfully completed a motorcoach
driver training course as required by subparagraph (A).
(c) Report on Feasibility, Benefits, and Costs of Establishing a
System of Certification of Training Programs.--Not later than 2 years
after the date of enactment of this Act, the Secretary shall submit a
report to the Senate Committee on Commerce, Science, and Transportation
and the House of Representatives Committee on Energy and Commerce on
the feasibility, benefits, and costs of establishing a system of
certification of public and private schools and of motor carriers and
motorcoach operators that provide motorcoach driver training in
accordance with the curricular requirements established by the
Secretary under subsection (a).
(d) Nonpreemption of State Programs.--The minimum curricular
requirements required by this section do not preempt any State or local
law or regulation imposing additional or more stringent requirements
unless the Secretary determines that--
(1) the law or regulation is incompatible with the
regulation prescribed by the Secretary; or
(2) enforcement of the State law or the local law or
regulation would impose an unreasonable burden on interstate
commerce.
SEC. 10. IMPROVED TESTING FOR THE COMMERCIAL DRIVER'S LICENSE PASSENGER
ENDORSEMENT.
(a) Increased Stringency of Examination for Commercial Driver's
License Passenger-Carrying Endorsement.--
(1) Final rule.--Not later than 6 months after the date of
enactment of this Act, the Secretary shall issue a final rule
in Docket No. FMCSA 2007-27659: Commercial Driver's License
Testing and Commercial Learner's Permit Standards that improves
the quality and stringency of the examination for the
commercial driver's license passenger-carrying endorsement. The
final rule shall require--
(A) a more stringent knowledge test than the test
in effect on the day before the date of enactment of
this Act; and
(B) a more stringent examination of the driving
skills necessary to operate safely a for-hire
passenger-carrying commercial motor vehicle than the
examination of such skills in effect on the day before
the date of enactment of this Act.
(2) Consultation.--The Secretary shall consult with the
American Association of Motor Vehicle Administrators in
carrying out paragraph (1).
(b) Report on Driver's License Requirements for 9-to-15 Passenger
Vans.--Not later than 18 months after the date of enactment of this
Act, the Secretary shall submit a plan to the Senate Committee on
Commerce, Science, and Transportation and the House of Representatives
Committee on Transportation and Infrastructure for requiring that all
or certain classes of drivers--
(1) have a commercial driver's license passenger-carrying
endorsement in order to operate a commercial motor vehicle (as
defined in section 31301(4) of title 49, United States Code)
and transport not less than 9 and not more than 15 passengers
(including a driver) in interstate commerce; and
(2) be tested in accordance with a drug and alcohol testing
program consistent with part 40 of title 49, Code of Federal
Regulations.
SEC. 11. IMPROVED PHYSICAL FITNESS OVERSIGHT AND COMMERCIAL DRIVER
MEDICAL CERTIFICATES.
(a) Medical Review Board Functions.--Section 31149(a)(1) of title
49, United States Code, is amended--
(1) by inserting ``(A)'' after ``recommendations on'';
(2) by striking ``research.'' and inserting ``research and
(B) advice and recommendations concerning the criteria to be
used for evaluating medical examiners for admission to the
national registry established under this section.''.
(b) Examination Requirements for Listing in the National Registry
of Medical Examiners.--Section 31149(c)(1)(D) of title 49, United
States Code, is amended to read as follows:
``(D) develop requirements applicable to a medical
examiner seeking to be listed in the national registry,
including--
``(i) specific courses and materials that
must be completed to be listed in the national
registry;
``(ii) a rigorous written examination for
which a passing grade must be achieved to be
listed in the national registry;
``(iii) certification (including self-
certification), as appropriate, to verify that
the medical examiner has completed training,
including refresher courses, that the Secretary
determines are necessary to be listed in the
national registry; and
``(iv) demonstration of the willingness and
ability of a medical examiner to comply with
any reporting requirements established by the
Secretary;''.
(c) Medical Examination Form Comparisons.--Not later than 18 months
after the date of enactment of this Act, the Secretary shall require by
regulation that each time a medical examiner performs a medical
examination to certify an applicant for a commercial driver's license
under section 391.43 of title 49, Code of Federal Regulations, such
medical examiner shall submit to the appropriate State licensing agency
the form for such examination required by section 391.43(f) of such
title (as in effect on the day before the date of enactment of this
Act).
(d) State Plan Requirement.--Section 31102(b) of title 49, United
States Code, is amended--
(1) by striking ``and'' after the semicolon in subparagraph
(W);
(2) by striking ``stop.'' in subparagraph (X) and inserting
``stop; and''; and
(3) by adding at the end the following:
``(Y) requires State licensing authorities to
compare the forms they receive pursuant to section
11(c) of the Motorcoach Enhanced Safety Act of 2011
with the medical examiner's certificate required by
section 391.43(g) of title 49, Code of Federal
Regulations (as in effect on the day before the date of
enactment of that Act), to determine the accuracy and
validity of the information contained in such forms and
certificates.''.
(e) Additional Oversight of Licensing Authorities.--
(1) In general.--Section 31149(c)(1) of title 49, United
States Code, is amended--
(A) by striking ``basis; and'' in subparagraph (E)
and inserting ``basis;'';
(B) by striking ``certification.'' in subparagraph
(F) and inserting ``certification; and''; and
(C) by adding at the end the following:
``(G) each year, review the licensing authorities
of 10 States to assess the accuracy, validity, and
timeliness of physical examination reports and medical
certificates submitted by certified medical examiners
to such State licensing agencies and the processing of
such submissions by the licensing authorities.''.
(2) Internal oversight policy.--
(A) In general.--Not later than 1 year after the
date of enactment of this Act, the Secretary shall
establish an oversight policy and process within the
Department of Transportation for purposes of carrying
out the requirement of subparagraph (G) of such section
31149(c)(1), as added by paragraph (1).
(B) Effective date.--The requirement of
subparagraph (G) of section 31149(c)(1) of title 49,
United States Code, shall take effect on the date that
the oversight policies and processes are established
pursuant to subparagraph (A).
(f) Deadline for Establishment of National Registry of Medical
Examiners.--Not later than 6 months after the date of enactment of this
Act, the Secretary shall establish a national registry of medical
examiners as required by section 31149(d)(1) of title 49, United States
Code.
SEC. 12. SAFETY AND ENFORCEMENT TECHNOLOGY FOR MOTORCOACHES.
(a) Electronic On-Board Recorders.--
(1) In general.--
(A) Not later than 1 year after the date of
enactment of this Act, the Secretary shall prescribe
regulations requiring that all motorcoaches used by a
motor carrier in interstate commerce be equipped with
electronic on-board recorders.
(B) The regulations prescribed by the Secretary
under this section shall include performance
requirements to ensure that electronic on-board
recorders--
(i) accurately record commercial driver
hours of service;
(ii) allow tracking of driver and vehicle
location; and
(iii) are tamper resistant.
(2) Applicability.--The regulations prescribed under
paragraph (1) shall apply to all such motorcoaches beginning on
the date that is 2 years after the date on which the regulation
is published as a final rule.
(b) Event Data Recorders.--
(1) Evaluation.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall complete an
evaluation of event data recorders, including requirements
regarding specific types of vehicle operations, events and
incidents, and systems information to be recorded, for event
data recorders to be used on motorcoaches used by motor
carriers in interstate commerce. For this purpose, the
Secretary shall consider the performance requirements for event
data recorders for passenger vehicles under part 563 of title
49, Code of Federal Regulations.
(2) Standards and regulations.--Within 2 years after
completing the evaluation required by paragraph (1), the
Secretary shall issue standards and regulations based on the
results of that evaluation.
SEC. 13. SAFETY INSPECTION PROGRAM FOR COMMERCIAL MOTOR VEHICLES OF
PASSENGERS.
Not later than 3 years after the date of enactment of this Act, the
Secretary shall complete a rulemaking proceeding to consider requiring
States to conduct annual inspections of commercial motor vehicles
designed or used to transport passengers, including--
(1) an assessment of the risks associated with improperly
maintained or inspected commercial motor vehicles designed or
used to transport passengers;
(2) an assessment of the effectiveness of current Federal
standards for the inspection of such vehicles in mitigating the
risks described in paragraph (1) and to ensure the safe and
proper operation condition of such vehicles; and
(3) an assessment of the costs and benefits of a mandatory
State inspection program.
SEC. 14. DISTRACTED DRIVING.
(a) In General.--Subchapter III of chapter 311 of title 49, United
States Code, is amended by adding at the end the following:
``Sec. 31152. Regulation of the use of distracting devices in
motorcoaches
``(a) In General.--No later than 1 year after the enactment of the
Motorcoach Enhanced Safety Act of 2011, the Secretary of Transportation
shall prescribe regulations on the use of electronic or wireless
devices, including cell phones and other distracting devices, by an
individual employed as the operator of a motorcoach (as defined in
section 2(8) of that Act).
``(b) Basis for Regulations.--The Secretary shall base the
regulations required by subsection (a) on accident data analysis, the
results of ongoing research, and other information, as appropriate.
``(c) Prohibited Use.--The Secretary shall prohibit the use of such
devices in circumstances in which the Secretary determines that their
use interferes with the driver's safe operation of a motorcoach (as so
defined).
``(d) Permitted Use.--Under the regulations, the Secretary may
permit the use of a device, the use of which is prohibited under
subsection (c), if the Secretary determines that such use is necessary
for the safety of the driver or the public in emergency
circumstances.''.
(b) Conforming Amendment.--The table of contents for chapter 311 of
title 49, United States Code, is amended by inserting after the item
relating to section 31151 the following:
``31152. Regulation of the use of distracting devices in
motorcoaches.''.
SEC. 15. MOTORCOACH RENTAL OR LEASING COMPANIES.
Paragraph (3) of section 31132 of title 49, United States Code, is
amended to read as follows:
``(3) `employer'--
``(A) means a person engaged in a business
affecting interstate commerce that--
``(i) owns or leases a commercial motor
vehicle in connection with that business, or
assigns and employee to operate it; or
``(ii) offers for rent or lease motor
vehicles designed or used to transport more
than 15 passengers, including the driver, and
from the same location or as part of the same
business provides names or contact information
of drivers, arranges for a driver of the rented
or leased passenger-carrying motor vehicle, or
holds itself out to the public as a provider of
transportation services; but
``(B) does not include an individual who is an
employee of the United States Government, a State, or a
political subdivision of a State acting in the course
of that individual's employment as such an employee.''.
SEC. 16. REGISTRATION OF BROKERS FOR MOTOR CARRIERS OF PASSENGERS.
(a) In General.--Section 13904(a) of title 49, United States Code,
is amended by inserting ``or passengers'' after ``transportation of
property''.--
(b) Repeal of Exemption.--Section 13506(a) of title 49, United
States Code, is amended--
(1) by inserting ``or'' after the semicolon in paragraph
(13);
(2) by striking paragraph (14); and
(3) by redesignating paragraph (15) as paragraph (14).
SEC. 17. REGULATIONS.
Any standard or regulation prescribed or modified pursuant to this
Act shall be prescribed or modified in accordance with section 553 of
title 5, United States Code.
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