II 112th CONGRESS 1st Session S. 2023 IN THE SENATE OF THE UNITED STATES December 16, 2011 Mr. Schumer introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To establish a safety performance rating system for motorcoach services and operations.
1.
Disclosure of safety performance ratings of motorcoach services and operations
(a)
In general
Subchapter I of chapter 141 of title 49, United States Code, is amended by adding at the end the following:
14105.
Safety performance ratings of motorcoach services and operations
(a)
Definitions
In this section: (1)
Motorcoach
(A)
In general
Except as provided in subparagraph (B), the term motorcoach has the meaning given to the term over-the-road bus in section 3038(a)(3) of the Transportation Equity Act for the 21st Century (49 U.S.C. 5310 note). (B)
Inclusions and exclusions
The term motorcoach— (i)includes a motor vehicle used to transport passengers that has a gross vehicle weight of at least 10,001 pounds; and (ii)does not include— (I)a bus used in public transportation that is provided by a State or local government; or (II)a school bus (as defined in section 30125(a)(1)), including a multifunction school activity bus. (2)
Motorcoach services and operations
The term motorcoach services and operations means passenger transportation by a motorcoach for compensation. (b)
Rulemaking
(1)
In general
Not later than 1 year after the date of the enactment of this section, the Secretary shall require, by regulation— (A)each motor carrier that owns or leases 1 or more motorcoaches that transport passengers subject to the Secretary’s jurisdiction under section 13501 to display prominently in each motorcoach it operates, and in all announcements, advertisements, and points of sale for such motorcoach services and operations, a simple and understandable letter grade rating system that allows motorcoach passengers to compare the safety performance of motorcoach operators; and (B)any person who sells tickets for motorcoach services and operations to display the letter grade rating system described in subparagraph (A) in all announcements, advertisements, and points of sale for such motorcoach services and operations. (2)
Items included in the rulemaking
In promulgating safety performance ratings for motorcoaches pursuant to the rulemaking required under paragraph (1), the Secretary shall consider— (A)the frequency with which safety performance ratings will be assigned and updated, which updates shall take place at least once per year; (B)the specific data elements and sources of information to be utilized in establishing and updating safety performance ratings for motorcoaches; (C)the need and extent to which safety performance ratings should be made available in languages other than English; and (D)penalties authorized under section 521. (3)
Insufficient inspections
Any motor carrier that has not received sufficient inspections or been subject to a compliance review during the most recent 12-month period shall display a No Safety Data rating in lieu of a letter grade rating in accordance with paragraph (1)(A). (c)
Effect on State and local law
Nothing in this section may be construed to preempt a State, or a political subdivision of a State, from enforcing any requirements concerning the manner and content of consumer information provided by motor carriers that are not subject to the Secretary’s jurisdiction under section 13501.
. (b)
Clerical amendment
The analysis of chapter 141 of title 49, United States Code, is amended by inserting after the item relating to section 14104 the following: Sec. 14105. Safety performance ratings of motorcoach services and operations. .