1.Short title; table of
contents
(a)This Act may be cited as the Motorcoach Enhanced Safety Act of
2011
.
(b)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.
2.In this Act:
(1)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)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)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 systemThe 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 recorderThe 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)The term event data recorder has the
meaning given that term in section 563.5 of title 49, Code of Federal
Regulations.
(7)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)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)The term motorcoach services means
passenger transportation by motorcoach for compensation.
(10)Multifunction
school activity busesThe 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)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 servicesThe 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)The term safety belt has the meaning given such
term in section 153(i)(4)(B) of title 23, United States Code.
(14)The
term Secretary means the Secretary of Transportation.
(15)The term transit service means motorcoach
service characterized by operating speeds of less than 45 miles per hour and
frequent stops.
3.Regulations for
improved occupant protection and collision avoidance
(a)Regulations
Required within 1 YearNot later than 1 year after the date of
the enactment of this Act, the Secretary shall prescribe regulations as
follows:
(1)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)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 monthsNot 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 YearsNot later than 2 years after the date of
enactment of this Act, the Secretary shall prescribe commercial motor vehicle
regulations as follows:
(1)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
standardThe 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)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)
(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)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.
4.Standards for
improved fire safety
(a)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 componentsThe 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)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 firesThe 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)The Secretary shall evaluate requirements for
motorcoaches to be equipped with the following:
(A)Improved
emergency evacuation designsImproved 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 lightingEmergency 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
suppressionThe 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)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).
5.Occupant
protection and collision avoidance research
(a)Safety Research
InitiativesNot later than 2 years after the date of enactment of
this Act, the Secretary shall complete research on the following:
(1)Compartmentalization
safety countermeasuresEnhanced 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
protectionEnhanced occupant impact protection standards for
motorcoach interiors to reduce substantially serious injuries for all
passengers of motorcoaches.
(3)Collision
avoidance systemsForward and lateral crash warning systems
applications for motorcoaches.
(b)Standards and
RegulationsNot 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.
6.
(a)Registration
RequirementsSection 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 auditThe 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)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 OperatorsSection 31144(g)(1) of title 49, United States
Code, is amended by inserting transporting property
after
each operator
.
(c)The amendments made by this section shall take effect 1 year
after the date of enactment of this Act.
7.
(a)Registration
RequirementsSection 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 relationshipsIn 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 RegistrationSection
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)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 EmployeesSection 31135 of such title is
amended—
(1)by redesignating
subsection (d) as subsection (e); and
(2)by inserting after
subsection (c) the following:
(d)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).
.
8.Improved
oversight of motorcoach service providers
(a)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)
(A)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)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)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 forcesIn 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 ratingAs 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 definedIn 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 MethodologyNot 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 ReviewsThe 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.
.
9.Motorcoach driver
training
(a)Establishment of
Training Curriculum
(1)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)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)
(1)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)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 ProgramsNot 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 ProgramsThe 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.
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)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)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 VansNot
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.
11.Improved
physical fitness oversight and commercial driver medical certificates
(a)Medical Review
Board FunctionsSection 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
ExaminersSection 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 ComparisonsNot 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)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)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)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)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 ExaminersNot 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.
12.Safety and
enforcement technology for motorcoaches
(a)Electronic
On-Board Recorders
(1)
(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)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)
(1)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
regulationsWithin 2 years after completing the evaluation
required by paragraph (1), the Secretary shall issue standards and regulations
based on the results of that evaluation.
13.Safety
inspection program for commercial motor vehicles of passengersNot 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.
14.
(a)Subchapter III of chapter 311 of title 49, United States
Code, is amended by adding at the end the following:
31152. Regulation
of the use of distracting devices in motorcoaches
(a)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)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)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)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)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.
.
15.Motorcoach
rental or leasing companiesParagraph (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.
.
16.Registration of
brokers for motor carriers of passengers
(a)Section 13904(a) of title 49, United States Code, is
amended by inserting or passengers
after transportation
of property
.—
(b)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).
17.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.