[Senate Report 111-202]
[From the U.S. Government Publishing Office]


111th Congress 
 2d Session                      SENATE                          Report
                                                                111-202
_______________________________________________________________________
                                                       Calendar No. 419
 
                 MOTORCOACH ENHANCED SAFETY ACT OF 2009

                               __________



                              R E P O R T


                                 OF THE


           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                                 S. 554



                                     

                  June 8, 2010.--Ordered to be printed


       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                     one hundred eleventh congress
                             second session

      JOHN D. ROCKEFELLER IV, West Virginia, Chairman

DANIEL K. INOUYE, Hawaii             KAY BAILEY HUTCHISON, Texas
JOHN F. KERRY, Massachusetts         OLYMPIA J. SNOWE, Maine
BYRON L. DORGAN, North Dakota        JOHN ENSIGN, Nevada
BARBARA BOXER, California            JIM DeMINT, South Carolina
BILL NELSON, Florida                 JOHN THUNE, South Dakota
MARIA CANTWELL, Washington           ROGER F. WICKER, Mississippi
FRANK R. LAUTENBERG, New Jersey      GEORGE S. LeMIEUX, Florida
MARK PRYOR, Arkansas                 JOHNNY ISAKSON, Georgia
CLAIRE McCASKILL, Missouri           DAVID VITTER, Louisiana
AMY KLOBUCHAR, Minnesota             SAM BROWNBACK, Kansas
TOM UDALL, New Mexico                MIKE JOHANNS, Nebraska
MARK WARNER, Virginia
MARK BEGICH, Alaska
                     Ellen Doneski, Staff Director
                   James Reid, Deputy Staff Director
                     Bruce Andrews, General Counsel
                 Ann Begeman, Republican Staff Director
              Brian Hendricks, Republican General Counsel
                Todd Bertoson, Republican Senior Counsel


                                                       Calendar No. 419
111th Congress                                                   Report
                                 SENATE
 2d Session                                                     111-202

======================================================================


                 MOTORCOACH ENHANCED SAFETY ACT OF 2009

                                _______
                                

                  June 8, 2010.--Ordered to be printed

                                _______
                                

     Mr. Rockefeller, from the Committee on Commerce, Science, and 
                Transportation, submitted the following

                                 REPORT

                         [To accompany S. 554]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (S. 554) to improve the safety of 
motorcoaches, and for other purposes, having considered the 
same, reports favorably thereon with an amendment (in the 
nature of a substitute) and recommends that the bill (as 
amended) do pass.

                          Purpose of the Bill

  S. 554, the Motorcoach Enhanced Safety Act of 2009, is a bill 
to improve the safety of commercial over-the-road motorcoach 
operations by addressing the predominant factors impacting 
safety: the condition of the vehicle, the qualifications and 
physical condition of the driver, and the safety practices of 
the motorcoach company. To accomplish its objectives, the bill 
would require the installation of enhanced safety devices, 
including safety belts and electronic on-board recorders 
(EOBRs); raise standards for driver training and testing; 
establish additional requirements for new motorcoach operators; 
increase oversight of existing motorcoach operators; and 
require the Federal Motor Carrier Safety Administration (FMCSA) 
to issue a regulation on the use of cell phones and other 
distracting devices by motorcoach operators.

                          Background and Needs

  A motorcoach is a bus designed for intercity transportation 
of passengers and has an elevated deck located over a baggage 
compartment. According to the American Bus Association's 
Motorcoach Census, 3,400 companies operated 33,540 motorcoaches 
in 2007.\1\
---------------------------------------------------------------------------
    \1\Nathan Associates Inc., Motorcoach Survey 2008, developed for 
the American Bus Association, December 18, 2008. Statistics include 
operations in the United States and Canada; Canadian operators comprise 
less than 10% of all motorcoach operators.
---------------------------------------------------------------------------
  The motorcoach industry provided about 750 million passenger 
trips over 1.9 billion miles in 2007. Slightly over half of all 
mileage consisted of charter and tour buses, and about one-
quarter consisted of scheduled services (e.g. Greyhound). The 
balance involved commuter motorcoach service, special 
operations, and airport shuttles.
  Over the past 10 years, motorcoach crashes have resulted in 
an average of only 19 motorcoach occupant fatalities per year. 
However, over the past five years, a number of serious 
accidents resulting in multiple fatalities has called into 
question both the safety of motorcoach vehicles and the safety 
of motorcoach companies and their drivers. Among the most 
serious accidents have been the following:

           Williams, CA: Nine passengers were killed and 34 
        injured when the driver of a charter bus bound for a 
        casino in rural Northern California lost control of the 
        vehicle. The motorcoach veered into the oncoming lane 
        of traffic and rolled over, ejecting a number of 
        passengers. The driver did not have a commercial 
        driver's license (CDL) endorsement to transport 
        passengers and had a history of moving violations and 
        substance abuse. According to news reports, the bus had 
        an invalid license and invalid registration serial 
        numbers. (October 5, 2008)

           Sherman, TX: An improperly inflated tire on the 
        right steer axle burst, causing a motorcoach carrying 
        55 passengers to run off a bridge and roll over, 
        killing 17 passengers and injuring all of the other 
        passengers and the bus driver. The motorcoach was 
        transporting members of a Vietnamese-American church 
        group from Houston, TX, to Carthage, MO. During the 
        accident investigation, the motorcoach company was 
        found to be related to another operator that had been 
        taken out of service for failure to address an 
        unsatisfactory safety rating. Additionally, the right 
        steer axle, in violation of Federal law, was equipped 
        with a retread tire, and the driver tested positive for 
        alcohol and cocaine. (August 8, 2008)

           Mexican Hat, UT: A charter bus carrying 52 
        passengers to Phoenix, AZ, after a ski trip in 
        Telluride, CO, ran off the road and rolled 360 degrees, 
        landing on its wheels. During the rollover, the roof of 
        the bus separated from the body. Fifty of the 53 
        occupants were ejected during the rollover, killing 
        nine passengers and injuring 43 passengers and the bus 
        driver. The cause of the accident was deemed to be 
        driver fatigue. (January 6, 2008)

           Atlanta, GA: A motorcoach carrying 33 members of 
        the Bluffton University baseball team from Toledo, OH, 
        to Sarasota, FL, overrode an elevated exit ramp and 
        fell 19 feet onto the southbound lanes of Interstate 
        75, killing the driver, his wife, and five passengers 
        and seriously injuring three others. According to the 
        National Transportation Safety Board (NTSB), the driver 
        mistook the left-lane exit ramp for the through HOV 
        (high occupancy vehicle) lane. The NTSB also noted that 
        the driver was not properly rested. (March 2, 2007)

           Wilmer, TX: A fire caused by an overheated wheel 
        resulted in the deaths of 23 and injuring two of the 
        motorcoach's 44 passengers. The motorcoach was 
        evacuating patients and staff from a Houston assisted 
        living center in advance of Hurricane Rita. Many of the 
        passengers were not ambulatory, preventing them from 
        exiting the bus. The accident was caused by failure to 
        properly lubricate the wheel well. In its 
        investigation, the NTSB also found that the driver did 
        not have a valid CDL, did not have a medical 
        certificate, could not speak English, and was in 
        violation of hours of service regulations. (September 
        23, 2005)

  Jurisdiction over motorcoach safety is shared between the 
National Highway Traffic Safety Administration (NHTSA) and the 
FMCSA. NHTSA has responsibility for issuing and enforcing 
Federal Motor Vehicle Safety Standards (FMVSSs) to which 
manufacturers of motor vehicles and equipment items must 
conform and certify compliance. FMVSSs fall into two primary 
categories: crash avoidance (e.g., brake systems, hood latch 
systems, tires) and crashworthiness (e.g., occupant protection, 
seat belt assemblies, and roof crush resistance). Motorcoaches 
are exempt from most crashworthiness standards.
  FMCSA's primary mission is to prevent commercial motor 
vehicle-related crashes, fatalities, and injuries and to 
promote the safety of trucks and buses through oversight of 
truck and bus companies, commercial drivers, and commercial 
vehicles. Among other responsibilities, FMCSA manages the Motor 
Carrier Safety Assistance Program, which provides grants to 
states for enforcing commercial motor vehicle (CMV) and bus 
safety regulations, primarily through roadside inspections and 
in-depth safety compliance reviews (CRs). In 2008, the Agency 
completed 1,399 motorcoach CRs, up from 457 in Fiscal Year (FY) 
2005, and nearly 150,000 motorcoach roadside inspections, up 
from 56,000 inspections in FY 2005.
  FMCSA also develops, maintains, and enforces Federal Motor 
Carrier Safety Regulations (FMCSRs) that promote carrier 
safety, industry productivity, and new technologies. FMCSRs 
include rules to ensure that the motorcoach is in proper 
working condition and is systematically maintained; that the 
driver is physically qualified and licensed; and that the 
driver complies with the Agency's hours-of-service regulations.
  In addition to the roles of NHTSA and FMCSA, the NTSB 
investigates serious motorcoach accidents, determines their 
probable causes, and issues safety recommendations to various 
entities, including the U.S. Department of Transportation (DOT) 
and its agencies, States, and the motorcoach industry. There 
are currently 79 NTSB open safety recommendations for 
motorcoach safety (many of which are addressed by the bill). 
Several are on the ``most wanted'' list, including prohibiting 
the use of cellular phones by motorcoach drivers except in 
emergencies; requiring EOBRs for interstate operators; 
redesigning motorcoach window emergency exits so that they can 
be easily opened; issuing standards for stronger bus roofs; 
devising new standards to protect motorcoach passengers from 
being ejected in an accident; and improving medical oversight 
of commercial drivers.
  In reaction to criticism in April 2009 from the NTSB about 
NHTSA's slowness to address critical motorcoach safety issues 
following the Mexican Hat accident, DOT Secretary Ray LaHood 
ordered a full departmental review of motorcoach safety. The 
DOT's resulting Motorcoach Safety Action Plan, issued November 
16, 2009, is aimed at addressing the issues that contribute to 
the majority of motorcoach crashes: driver fatigue, vehicle 
rollover, occupant ejection, and operator maintenance issues. 
The safety plan establishes the following priority action 
items:

           Initiate rulemakings to (1) require EOBRs on all 
        motorcoaches to better monitor drivers' duty hours and 
        manage fatigue, (2) prohibit use of cellular telephones 
        and other distracting devices by motorcoach drivers, 
        and (3) require the installation of safety belts on 
        motorcoaches to improve occupant protection;

           Develop roof crush performance requirements to 
        enhance structural integrity, and performance 
        requirements for stability control systems on 
        motorcoaches to reduce rollover events;

           Enhance oversight of carriers attempting to evade 
        sanctions and of other unsafe motorcoach companies; and

           Establish minimum knowledge requirements for ``new 
        entrants'' applying for authority to transport 
        passengers.

  While the safety plan is a step in the right direction, 
legislation is needed to make statutory changes to improve 
motorcoach safety; to address issues not covered by the plan or 
to address them more thoroughly; and to establish firm 
deadlines for the implementation of new technologies and 
operating rules for FMCSA and NHTSA. Further, the Committee is 
concerned about the lack of progress being made by DOT in 
implementing the Motorcoach Safety Plan. Even though the plan 
was issued six months ago, FMCSA and NHTSA are falling behind 
on a number of important initiatives, including a delay in 
issuing a Notice of Proposed Rulemaking to require safety belts 
on motorcoaches.

                     Vehicle-related safety issues

  According to Fatality Analysis Reporting System (FARS) data 
published by DOT, approximately half of all motorcoach 
fatalities over the past 10 years have occurred as the result 
of rollovers, and 70% of the individuals killed in rollover 
accidents were ejected from the motorcoach.\2\
---------------------------------------------------------------------------
    \2\U.S. Department of Transportation, Motorcoach Safety Action 
Plan, November 2009, p. 13.


  Under chapter 301 of title 49, United States Code, NHTSA is 
required to issue minimum FMVSSs to which manufacturers of 
motor vehicles and motor vehicle equipment must conform and 
certify compliance. FMVSSs are intended to protect the public 
against an unreasonable risk of crashes occurring as a result 
of the design, construction, or performance of motor vehicles, 
and against an unreasonable risk of death or injury in the 
event of a crash. There are currently more than 60 FMVSSs, 
including standards for safety belt assemblies, school bus 
crash protection, brake systems, and other vehicle systems and 
components. Of the total FMVSSs, 22 relate to crashworthiness 
standards. Today, only two of NHTSA's 22 crashworthiness 
standards apply to motorcoaches: FMVSS 217, which establishes 
minimum requirements for motorcoach emergency exits and window 
retention and release, and FMVSS 302, which establishes 
standards for the flammability of interior materials.\3\
---------------------------------------------------------------------------
    \3\FMVSS 208, ``Occupant crash protection,'' FMVSS 209, ``Seat belt 
assemblies,'' and FMVSS 210, ``Seat belt assembly anchorages,'' apply 
to the driver's seat only.
---------------------------------------------------------------------------
  Enhanced protection of motorcoach passengers has been on the 
NTSB's ``most wanted'' list since 2000. Specifically, NTSB has 
called upon NHTSA to redesign motorcoach window emergency exits 
so they can be easily opened; issue standards for stronger bus 
roofs and require them in new motorcoaches; and devise new 
standards to protect motorcoach passengers from being thrown 
out of their seats or ejected when a bus sustains an impact or 
rolls over.\4\
---------------------------------------------------------------------------
    \4\National Transportation Safety Board, NTSB Most Wanted List, 
2009.
---------------------------------------------------------------------------
  Today, only the driver's seat on a motorcoach must be 
equipped with a safety belt. For many years, NHTSA believed 
that safety belts were not needed for motorcoach passengers 
because the space they occupy is adequately 
``compartmentalized'' by other seats and the sides of the bus 
to provide adequate protection in the event of a crash. Other 
countries have not shared this view. In 1994, Australia 
mandated lap and shoulder belts on motorcoaches, and in 1998, a 
lap belt or lap/shoulder belt was mandated in European Union 
members. By 2007, NHTSA had concluded that ``[i]nstalling seat 
belts would be the most direct method of retaining passengers 
within the seating compartment,''\5\ and as part of the new DOT 
motorcoach safety plan, the Agency committed to issuing a 
Notice of Proposed Rulemaking to require safety belts on 
motorcoaches in the first quarter of 2010. However, publication 
of a proposed rule has, as of this writing, been pushed back to 
the third quarter of 2010.
---------------------------------------------------------------------------
    \5\National Highway Traffic Safety Administration, NHTSA's Approach 
to Motorcycle Safety, August 2007.
---------------------------------------------------------------------------
  Roof strength impacts the amount of survival space in the 
event of a crash and may reduce the effectiveness of the 
vehicle's windows in preventing ejection. In 2008, NHTSA 
performed a crash test on two motorcoaches to assess the 
vehicles' roof strength in comparison to NHTSA's standard for 
school buses and the European standard. Both buses, which were 
tipped over from a standing position, failed to meet either 
standard. NTSB has called on NHTSA to develop performance 
standards for motorcoach roof strength that ``provide maximum 
survival space for all seating positions.''
  Advanced window glazing, by holding shattered windows 
together, can reduce injuries and prevent ejection in an 
accident. In 2003, NHTSA and Transport Canada initiated a joint 
research program focusing on advanced glazing and window 
retention for motorcoaches. NHTSA believes additional research 
is needed, and that the benefits of advanced glazing depend 
upon improvements in roof strength and the structural integrity 
of motorcoach windows.
  NHTSA is studying the use of electronic stability control 
(ESC) systems to prevent motorcoaches from rolling over. After 
completing these studies, NHTSA will determine whether to 
require ESC on motorcoaches. In 2007, NHTSA mandated ESC on 
passenger cars, multipurpose passenger vehicles, trucks, and 
buses with a gross vehicle weight of 10,000 pounds or less.
  Another major area of concern with respect to motorcoaches is 
fire safety. In the past 10 years, 24 occupants have died as a 
result of fires, 23 of whom were killed in the Wilmer, TX, 
accident in 2005. Currently, the only fire safety requirement 
is FMVSS No. 302, which sets flammability standards for 
interior materials. A recent study of motorcoach fires by the 
Volpe National Transportation Systems Center found that the 
ignition point for 36% of motorcoach fires is either a tire or 
wheel hub/bearing. As mentioned earlier, the Wilmer, TX, 
accident originated in a wheel well that had not been properly 
lubricated.
  In conjunction with the National Institutes for Standards and 
Technology, NHTSA is analyzing the feasibility of requiring 
more fire resistant exterior components as well as ways to 
prevent fire and smoke inhalation injuries if a fire occurs. 
However, the Committee believes a comprehensive assessment of 
fire safety is needed, followed by issuance of new performance 
requirements based on the results of that assessment.
  The legislation also would address vehicle inspections. 
Today, CMVs, including motorcoaches, are required to be 
inspected at least once a year. The inspection is to be based 
on Federal inspection standards, or a State inspection program 
determined by the Federal Highway Administration (FHWA) to be 
comparable to, or as effective as, the Federal standards. If a 
State does not have a program, the motor carrier may self-
inspect and certify that its vehicles comply with annual 
inspection requirements, provided the inspector is qualified 
and certified. Less than half of the States (23 States and the 
District of Columbia) have inspection programs approved by 
FMCSA as comparable to Federal inspection standards.
  The NTSB found that poor vehicle maintenance was the probable 
cause of the Wilmer, TX, accident. The wheel well in the third 
axle on the right side of the motorcoach was not properly 
lubricated, causing the wheel to overheat and ignite a fire. In 
addition, the vehicle had not been inspected or properly 
registered. To avoid being stopped by the police, the driver 
attached a valid license plate from another vehicle. The 
Wilmer, TX, accident also exemplifies these vehicle inspection 
issues.

                     Carrier-related safety issues

  As reported, S. 554 would address four significant safety 
problems associated with motorcoach companies: new entrants, 
``chameleon'' carriers, safety fitness ratings, and bus rental/
leasing companies.
  A new entrant program was created by the Motor Carrier Safety 
Improvement Act of 1999 (MCSIA, P.L. 106-159), following a 
study conducted by the Volpe National Transportation Systems 
Center finding that the rate of critical violations of safety 
regulations was 206.3 per 1,000 drivers for new entrants 
compared to 11.8 for experienced carriers. The current new 
entrant program requires new truck and bus operators to undergo 
a safety audit within their first 18 months of operation, but 
does not require any demonstration of knowledge of Federal 
requirements before a carrier begins operating. MCSIA directed 
DOT to consider establishing a proficiency exam to ensure new 
operators understand applicable safety regulations. Instead, 
FMCSA created a form by which a new entrant could self-certify 
that it has a system in place to ensure compliance with safety 
regulations.
  The NTSB's investigation of the Sherman, TX, bus crash 
revealed that the motorcoach operator, Iguala BusMex, was a 
``chameleon'' or reincarnated carrier. Its predecessor, Angel 
Tours, had been taken out of service on June 23, 2008, after 
the company failed to submit a plan of action to address a 
compliance review in which the carrier received an 
unsatisfactory rating. Iguala BusMex filed for operating 
authority with FMCSA on July 27, 2008. At the time of the 
Sherman accident, on August 8, 2008, Iguala BusMex's 
application for operating authority was still pending.
  Following the Sherman, TX, crash, the Government 
Accountability Office (GAO) analyzed FMCSA motorcoach data for 
fiscal years 2007 and 2008, and identified 20 motorcoach 
companies that likely reincarnated from out-of-service 
carriers.\6\ These companies represented about 9% of the 
approximately 220 motorcoach carriers FMCSA placed out of 
service during the two year period. FMCSA has since instituted 
a process for vetting new entrants to ensure that the carrier 
is not a chameleon carrier. However, technical changes are 
needed to allow FMCSA to revoke the operating authority of 
reincarnated carriers already in operation, and to make 
motorcoach companies responsible for reporting prior 
relationships with other companies.
---------------------------------------------------------------------------
    \6\U.S. Government Accountability Office, Motor Carrier Safety: 
Reincarnating Commercial Vehicle Companies Pose Safety Threat to 
Motoring Public; Federal Safety Agency Has Initiated Efforts to Prevent 
Future Occurrences. July 2009, GAO-09-924.
---------------------------------------------------------------------------
  FMCSA is required to determine the safety fitness of CMVs, 
including motorcoaches. Safety fitness determinations are 
currently tied to CRs, which are labor intensive and cover only 
a fraction of all motor carrier operators (although coverage 
has been significantly greater in the past few years for 
motorcoach companies). FMCSA is in the implementation phase of 
testing a new approach to safety fitness called Comprehensive 
Safety Analysis 2010 (CSA 2010). The Agency's new program will 
rate carriers on seven behavioral categories, including unsafe 
and fatigued driving, driver fitness, vehicle maintenance, and 
crash involvement, based on safety data obtained in roadside 
inspections as well as CRs. All carriers will receive safety 
ratings, and their ratings will be updated more frequently. 
Many motorcoach companies, however, still do not have a safety 
rating, and there is no guarantee that CSA 2010 will ensure 
that the safety ratings of all companies are updated on a 
regular basis.
  In discussions with FMCSA about S. 554, the Agency noted that 
it has encountered large motorcoach rental companies that 
perform operations similar to bus charter companies. These 
rental operations may provide rental customers--often colleges, 
church groups, and similar organizations--with names and 
contact information of drivers who are purportedly independent 
of the company. The customer often assumes that the rental 
company is responsible for safety matters. Under current law, 
however, the rental customer is actually responsible for 
vehicle safety as a private motor carrier of passengers, 
including the safe operation of the vehicle, driver 
qualifications, and other requirements, which has led to 
noncompliance with Federal requirements.

                      Driver-related safety issues

  Between June 1998 and January 2008, the NTSB investigated 16 
fatal motorcoach accidents, concluding that 60% of the 
fatalities were the result of accidents caused by problems 
related to the driver. 36% of fatalities occurred in crashes in 
which the driver was fatigued, and 18% involved the medical 
condition of the driver.\7\
---------------------------------------------------------------------------
    \7\U.S. Department of Transportation, p. 12.
    
    
  FMCSA is responsible for regulating and enforcing the maximum 
hours of service truck and motorcoach drivers may be behind the 
wheel and on duty. For motorcoaches, the hours-of-service 
regulations provide that an operator may drive a maximum of 10 
hours and be on duty for 15 hours, following eight consecutive 
hours off duty. In addition to driver fatigue being the single 
largest root cause of motorcoach fatalities, improper or false 
records of duty status are currently the most frequent 
violations found by FMCSA in conducting motorcoach CRs, 
accounting for 16% of all violations. To address the problem, 
the Motorcoach Safety Plan calls for FMCSA to issue a Notice of 
Proposed Rulemaking in the third quarter of 2010 to require the 
installation of EOBRs on all motorcoaches, as well as a broader 
application of EOBRs to motor carriers. The Committee is 
disappointed that the schedule for issuing the proposed rule 
has slipped to the fourth quarter of 2010.
  For more than 20 years, Congress has pressed for the 
development of driver training and testing standards for 
commercial drivers. In 1986, the Commercial Motor Vehicle 
Safety Act (P.L. 99-570) created the CDL program and directed 
FMCSA's predecessor agency, FHWA, to develop minimum Federal 
standards the States must meet when testing and licensing CMV 
drivers. In 1991, the Intermodal Surface Transportation 
Efficiency Act (ISTEA, P.L. 102-240) directed DOT to initiate a 
rulemaking on the need to require training of all entry-level 
commercial drivers. FMCSA initiated the rulemaking in 1993 and 
issued a final rule in 2004. The rule was challenged in court 
as failing to address key safety issues, including adequate 
``behind-the-wheel'' training, and disregarding the 
recommendations of DOT's own comprehensive report on driver 
training completed in 1995. The United States Court of Appeals, 
District of Columbia Circuit, agreed, concluding, ``The agency, 
without coherent explanation, has promulgated a rule that is so 
at odds with the record assembled by DOT that the action cannot 
stand.''\8\ The final rule was remanded to the agency for 
reconsideration. On December 26, 2007, FMCSA issued a new 
proposed rule, which remains pending.
---------------------------------------------------------------------------
    \8\Advocates for Highway and Auto Safety v. Federal Motor Carrier 
Safety Administration, 429 F. 3d 1136 (2005).
---------------------------------------------------------------------------
  FMCSA is also in the process of establishing minimum 
standards for CDL testing and learner's permit standards. The 
proposed rule, issued in April 2008, would update and 
strengthen the minimum knowledge and skills test standards. The 
Committee supports the Agency's approach in developing minimum 
standards.
  All drivers of CMVs in interstate commerce that have a gross 
vehicle weight of at least 10,001 pounds must be medically 
certified every two years as physically qualified to operate 
the vehicle. In 2005, SAFETEA-LU (Safe, Accountable, Flexible, 
Efficient Transportation Equity Act: A Legacy for Users, P.L. 
109-59) established a new medical program to establish medical 
standards for commercial drivers, requirements for physical 
examinations of drivers, standards for medical examiners, and a 
national registry of medical examiners.
  Distracted driving is a growing problem for all drivers, 
including drivers of commercial vehicles. A 2009 study 
conducted by the Virginia Tech Transportation Institute found 
that a driver of a heavy vehicle/truck text messaging while 
driving is 23.2 times more at risk of a crash or near crash 
event. Drivers texting were found to take their eyes off the 
wheel for an average of 4.6 seconds, equating to a driver 
traveling the length of a football field at 55 miles per hour. 
On October 27, 2009, Chairman Rockefeller, Ranking Member 
Hutchison, Surface Transportation Subcommittee Chairman 
Lautenberg, Subcommittee Ranking Member Thune, and Senators 
Schumer and Klobuchar introduced S. 1938, the Distracted 
Driving Prevention Act of 2009. The bill's provision with 
respect to motorcoach companies has been incorporated in S. 
554.

                         Summary of Provisions

  S. 554, as reported, would give occupant protection in 
rollover accidents the highest priority, and direct NHTSA to 
issue regulations within one year of enactment requiring (1) 
the installation of safety belts in all motorcoach seats; (2) 
improved roof strength and crush resistance standards; (3) the 
installation of advanced window glazing to prevent passenger 
ejection, and; (4) the installation of electronic stability 
control technology. In addition, to address a major source of 
roadside, or run-off-the-road, accidents, the bill would 
require the issuance of regulations within two years of 
enactment to upgrade tire performance standards, and to require 
motorcoaches to be equipped with tire pressure monitoring 
systems that notify the driver when tire pressure is low. The 
requirements would apply to all new motorcoaches manufactured 
more than two years following the issuance of a final rule; 
retrofitting of existing motorcoaches could be required by 
NHTSA based on an assessment of the feasibility, benefits, and 
costs of retrofits.
  The legislation also would require NHTSA to issue regulations 
requiring the installation of improved firefighting equipment 
in motorcoaches within one year following enactment. The 
Committee intends that this requirement be limited to improved 
fire extinguishers or other ``off the shelf'' equipment that 
can be installed without retrofitting of the motorcoach. Within 
18 months following enactment, NHTSA would be required to 
evaluate flammability standards for exterior components; 
flammability standards for interior materials; resistance to 
wheel well fires; automatic fire suppression technology; and 
improved bus design to speed passenger evacuations in the event 
of an emergency. Any performance requirements called for based 
on the results of the research would be issued within three 
years following enactment. Finally, the bill would direct NHTSA 
to conduct research on occupant protection and collision 
avoidance and, within two years of the completion of each 
initiative, issue a regulation or standard based on its 
research findings.
  While research and analysis on many of the above issues has 
been underway for some time, the Committee is concerned about 
the lack of progress and is therefore setting aggressive 
deadlines for the completion of this important work. However, 
the Committee wishes to proceed with regulations and standards 
on the basis of careful and thorough research and testing. 
Where the legislation provides for the issuance of performance 
requirements, regulations, or standards based on the results of 
an evaluation or research, the Committee expects NHTSA may 
issue strong regulations on some issues, but may conclude no 
action is needed on others, depending on the results of its 
work.
  The Committee supports the existing requirement under 49 USC 
30103(b) that new equipment standards be uniform nationwide: 
``When a motor vehicle safety standard is in effect under this 
chapter, a State or a political subdivision of a State may 
prescribe or continue in effect a standard applicable to the 
same aspect of performance of a motor vehicle or motor vehicle 
equipment only if the standard is identical to the standard 
prescribed under this chapter.'' Motorcoach operations are 
predominantly interstate in nature, and a patchwork of 
different and potentially conflicting state regulations would 
be very problematic. Despite this protection, there is concern 
that States could adopt different requirements before NHTSA 
standards under section 3 of the bill become applicable. The 
Committee intends that the current provision for uniformity 
should also apply until NHTSA's new standards become 
applicable.
  The reported legislation would require FMCSA to complete a 
rulemaking within three years after enactment to consider 
requiring all States to conduct annual inspections of CMVs used 
to transport passengers. The rulemaking would include an 
assessment of the risks associated with inadequately maintained 
vehicles, and the costs and benefits of a mandatory State 
inspection program.
  With the support of the Advocates for Highway and Auto Safety 
and the motorcoach industry, the bill as reported would require 
each new motorcoach company, as a condition of receiving 
operating authority, to undergo a pre-authorization safety 
audit (PASA). The audit would verify that the carrier has in 
place drug and alcohol testing, vehicle maintenance and safety 
management programs, and a system to comply with hours-of-
service regulations. The audit would also verify that its 
drivers are properly licensed and that its vehicles have been 
properly inspected. New entrants also would be required to 
successfully complete a written examination developed by FMCSA. 
Further, the current safety audit would be required to be 
completed for new motorcoach company within nine months after 
the carrier begins operating, rather than the current 18-month 
timetable for a safety audit.
  The Committee is aware that this will be a demanding new 
requirement for FMCSA. While no new authorization of 
appropriations is provided to fund the PASA program, the 
Committee intends to address the resource issue when a firm 
cost estimate is developed. Further, the Committee recognizes 
that a PASA may not be practical for other commercial 
transportation operations. A PASA is a realistic approach for 
the motorcoach industry because the universe of new entrants is 
relatively small, at less than 1,000 annually.
  S. 554 also would give FMCSA the authority to revoke 
operating authority already granted to chameleon carriers. 
Further, new motorcoach operators would be required, as a 
condition of receiving operating authority, to disclose all 
relationships with other motor carriers over the past three 
years. Noncompliance with the new requirements also would be 
taken into consideration for purposes of assessing civil 
penalties.
  The bill would require FMCSA to determine the safety fitness 
and assign a safety rating to each motorcoach operator within 
three years of enactment. The amendment would support the CSA 
2010 initiative by directing FMCSA to establish a process for 
periodic review of each motorcoach operator after it has 
received an initial rating, with progressive intervention as 
needed. The Agency would be required, however, to update each 
carrier's fitness rating no less than every three years. S. 554 
also would expand FMCSA's safety jurisdiction to include 
certain bus rental and leasing operations.
  S. 554, in recognition of the contributions EOBRs can make to 
enforcement of the hours-of-service rules by automatically 
recording the amount of time a vehicle is driven, would direct 
the Agency to prescribe regulations requiring EOBRs on 
motorcoaches within one year after enactment. FMCSA also would 
be required to complete an evaluation of event data recorders, 
and issue regulations based on the results of its evaluation.
  As reported, S. 554 supports FMCSA's ongoing efforts on 
driver training and testing by directing the Agency to 
establish minimum curricular requirements for schools that 
train motorcoach operators. Driver training schools would issue 
a certificate to the driver upon completion of the training 
curriculum, and the CDL applicant would be required to present 
the certificate to the state licensing authority as a condition 
of taking the CDL exam. To avoid fraud, the certificate also 
would be sent by the school to the state licensing authority to 
be compared with the document presented by the CDL applicant. 
Finally, the bill would direct FMCSA to determine whether it 
would be feasible to establish a system for certifying 
motorcoach driver training schools.
  With respect to improved testing, the legislation would 
direct FMCSA to issue a final rule in its ongoing proceeding 
within six months after enactment. The amendment also would 
expand the requirement for a CDL and drug and alcohol testing 
to commercial vans transporting nine to 15 passengers. This 
requirement, however, would only apply to such vehicles 
operating in interstate commerce.
  The legislation would require that medical examiners pass a 
rigorous written examination in order to be listed in the 
national registry, and demonstrate a willingness to comply with 
FMCSA reporting requirements. The amendment also would require 
that medical certificates be issued to both the driver and the 
appropriate State licensing authority. As a condition of 
receiving MCSAP funds, States would be required to compare the 
medical certificate received from the medical examiner with the 
certificate supplied by the driver to ensure the accuracy and 
validity of the certificate. Each year, FMCSA would be required 
to review the licensing authorities of 20 States to assess the 
accuracy, validity, and timeliness of physical examination 
reports and medical certificates submitted to the state, as 
well as the processing of the submissions by the licensing 
authority.
  Finally, the bill would direct FMCSA to issue a regulation to 
prohibit the use of distracting electronic or wireless devices 
by motorcoach drivers within one year of the date of enactment.

                          Legislative History

  S. 554 was introduced by Senator Sherrod Brown and Ranking 
Member Hutchison on March 9, 2009, and was referred to the 
Senate Committee on Commerce, Science, and Transportation. 
Senator Boxer joined as a cosponsor on May 13, 2009. An 
oversight hearing on bus safety was held by the Commerce 
Committee's Subcommittee on Surface Transportation and Merchant 
Marine Infrastructure, Safety, and Security on September 18, 
2008. On December 17, 2009, the Committee met in open executive 
session and, by voice vote, ordered S. 554 reported favorable, 
as amended, with an amendment in the nature of a substitute.

                            Estimated Costs

  In accordance with paragraph 11(a) of rule XXVI of the 
Standing Rules of the Senate and section 403 of the 
Congressional Budget Act of 1974, the Committee provides the 
following cost estimate, prepared by the Congressional Budget 
Office:

                                                      May 11, 2010.
Hon. John D. Rockefeller IV,
Chairman, Committee on Commerce, Science, and Transportation,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 554, the Motorcoach 
Enhanced Safety Act of 2009.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Sarah Puro.
            Sincerely,
                                              Douglas W. Elmendorf.
    Enclosure.

S. 554--Motorcoach Enhanced Safety Act of 2009

    Summary: S. 554 would require two agencies within the 
Department of Transportation (DOT) to establish new safety 
standards and regulations for most interstate buses, complete 
research on bus safety, and create a new training curriculum 
for operators of interstate buses. Based on information from 
DOT, CBO estimates that implementing the bill would cost $34 
million over the 2010-2015 period, assuming appropriation of 
the necessary amounts.
    Pay-as-you-go procedures apply because enacting the 
legislation would affect revenues. However, CBO estimates that 
the expansion of civil penalties authorized by the bill would 
not result in a significant increase in revenues in any year.
    S. 554 would impose intergovernmental and private-sector 
mandates, as defined in the Unfunded Mandates Reform Act 
(UMRA), on state transportation agencies, motorcoach owners, 
and medical examiners. CBO estimates that the costs to comply 
with the intergovernmental mandates would fall below the annual 
threshold for such mandates ($70 million in 2010, adjusted 
annually for inflation). Based on information from DOT and 
industry sources, CBO estimates that the costs to comply with 
the private-sector mandates could range from tens of millions 
of dollars to hundreds of millions of dollars annually, 
depending on the enhanced safety standards that DOT would 
require. Thus, CBO cannot determine whether the aggregate cost 
of the mandates in the bill would exceed the annual threshold 
for private-sector mandates ($141 million in 2010, adjusted 
annually for inflation).
    CBO has not reviewed section 6(a) of the bill for mandates. 
Section 4 of UMRA excludes from the application of that act any 
legislative provisions that enforce statutory rights 
prohibiting discrimination. CBO has determined the provisions 
of section 6(a) fall within that exclusion because they involve 
compliance with the Americans with Disabilities Act of 1990.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of S. 554 is shown in the following table. The 
costs of this legislation fall within budget function 400 
(transportation).

----------------------------------------------------------------------------------------------------------------
                                                          By fiscal year, in millions of dollars--
                                          ----------------------------------------------------------------------
                                             2010      2011      2012      2013      2014      2015    2010-2015
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION
 
Estimated Authorization Level............         3         9         6         6         6         6         36
Estimated Outlays........................         1         7         7         7         6         6         34
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: For this estimate, CBO assumes that S. 
554 will be enacted in fiscal year 2010 and that the amounts 
estimated to be necessary will be appropriated each year, 
including a supplemental appropriation for 2010.

Spending subject to appropriation

    S. 554 would require the Federal Motor Carrier Safety 
Administration (FMCSA) and the National Highway Traffic Safety 
Administration (NHTSA) to establish new safety standards and 
regulations for most interstate buses, complete research on bus 
safety, and create a new training curriculum for operators of 
interstate busses.
    Under the provisions in the bill, FMCSA would be required 
to provide safety checks for new motor coach carriers before 
the carriers were authorized to provide transportation 
services, assess the possibility of conducting a mandatory 
state inspection program for motor coach carriers, and increase 
oversight of the medical exams given to operators of motor 
coaches. The agency also would be required to establish a 
safety training curriculum for operators of motor coaches. 
NHTSA would be required to speed up current research and 
regulatory proceedings concerning the safety and structural 
features of motorcoaches as well as conduct research into new 
areas, including fire safety on motorcoaches. Based on 
information from FMCSA and NHTSA, CBO estimates that 
implementing the bill would cost $34 million over the 2010-2015 
period.

Revenues

    S. 554 would expand violations of certain safety and 
registration requirements that are subject to civil penalties. 
Thus, the federal government might collect additional fines if 
the bill is enacted. Collections of civil fines are recorded as 
revenues and deposited in the Treasury; however, based on 
information from FMCSA and the level of current collections, 
CBO expects that any increase in revenues related to those 
penalties would not be significant.
    Pay-As-You-Go considerations: The Statutory Pay-As-You-Go 
Act of 2010 establishes budget reporting and enforcement 
procedures for legislation affecting direct spending or 
revenues. The net changes in revenues that are subject to those 
pay-as-you-go procedures are shown in the following table.

 CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR S. 554, AS ORDERED REPORTED BY THE SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION ON DECEMBER 17,
                                                                          2009
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                              By fiscal year, in millions of dollars--
                                           -------------------------------------------------------------------------------------------------------------
                                             2010    2011    2012    2013    2014    2015    2016    2017    2018    2019    2020   2010-2015  2010-2020
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                       NET INCREASE OR DECREASE (-) IN THE DEFICIT
 
Statutory Pay-As-You-Go Impact............       0       0       0       0       0       0       0       0       0       0       0         0          0
--------------------------------------------------------------------------------------------------------------------------------------------------------

              INTERGOVERNMENTAL AND PRIVATE-SECTOR IMPACT

Mandates that apply to public entities only

    S. 554 would impose intergovernmental mandates, as defined 
in UMRA, on state transportation agencies. CBO estimates that 
the aggregate cost of complying with the mandates would fall 
below the annual threshold for intergovernmental mandates ($70 
million in 2010, adjusted annually for inflation).
    Commercial Motor Vehicle Inspections. S. 554 would direct 
the Secretary of Transportation to consider requiring states to 
conduct annual inspections of commercial motor vehicles used to 
transport passengers. If the rulemaking proceeding were to 
result in a requirement that states conduct such inspections, 
that requirement would be a mandate as defined in UMRA.
    Almost half of all states currently inspect motorcoaches, 
and more than two-thirds of covered vehicles are subject to 
those inspections. The remaining states would have to implement 
an inspection program in the event the Secretary issued a new 
rule. CBO assumes that states would conduct on-site inspections 
of vehicles and estimates that additional personnel, equipment, 
and travel expenses would total about $10 million annually.
    Driver Training Certificates. The bill would require state 
agencies that issue commercial drivers licenses (CDLs) to 
compare training certificates received from applicants and from 
training schools to ensure they are identical. If such 
certificates are not the same, states would be required to 
refuse to administer any tests for that applicant. States 
receive about 5,000 entry-level applications for CDLs annually. 
Given the relatively small additional effort involved in 
manually comparing training certificates for those 
applications, CBO estimates that the cost of this mandate would 
be small.

Mandates that apply to private entities only

    S. 554 would impose private-sector mandates, as defined in 
UMRA, on motorcoach owners, and medical examiners. Based on 
information from DOT and industry sources, CBO estimates that 
the cost to comply with the mandates could range from tens of 
millions of dollars to hundreds of millions of dollars per 
year, depending on the enhanced safety standards that NHTSA 
would require. Thus, CBO cannot determine whether the aggregate 
cost of mandates in the bill would exceed the annual threshold 
for private-sector mandates ($141 million in 2010, adjusted 
annually for inflation).
    Safety Standards. The bill would direct NHTSA to establish 
standards for such things as safety belts, stability-enhancing 
technology, and the level of resistance of motorcoach roofs. 
The regulations would apply to all motorcoaches manufactured 
more than two years after the rule is made final. NHTSA also 
could require existing motorcoaches to comply with any of the 
safety standards established under the bill. According to 
industry sources, approximately 500 to 2,000 new motorcoaches 
are sold each year in the United States, and more than 33,000 
motorcoaches are currently in operation. Based on information 
from NHTSA and industry sources about the incremental cost of 
potential requirements, CBO estimates that the costs to comply 
with the new standards could be significant. Because the types 
of safety requirements implemented and the number of entities 
affected by those requirements would be determined by future 
regulations, CBO cannot estimate the cost of those mandates.
    Training Requirements. The bill would establish new 
requirements for entities that train entry-level drivers of 
motorcoaches. According to FMCSA, there are approximately 5,000 
new motorcoach drivers per year. Based on information from 
FMCSA and industry sources on current industry practices and 
the cost of incremental changes, CBO estimates that the cost of 
the mandate would be small, relative to the annual threshold.
    Electronic On-Board Recorders. The bill would require all 
motorcoaches to install electronic on-board recorders (EOBRs). 
According to information from industry sources and FMCSA, a 
minimally compliant EOBR would cost about $30 per month to 
lease. Motorcarriers that violate hours-of-service rules at 
least 10 percent of the time are already required to install 
EOBRs on all of their motorcoaches by June 2012. Based on 
information from FMCSA on the additional number of 
motorcarriers that would have to comply with the requirement, 
and assuming motorcarriers use the minimum-cost lease option, 
the mandate would cost about $10 million per year.
    FMCSA Registration. S. 554 would require owners of 
companies that rent or lease motorcoaches to register with 
FMCSA. The cost of the mandate would be the amount of money 
spent to meet the requirements to qualify for registration. 
Based on information from FMCSA on the number of companies that 
could be affected and from industry sources on the costs of 
meeting the requirements for registration, CBO estimates that 
the cost of the mandate would total less than $5 million per 
year.
    Other Mandates. CBO estimates that the costs of several 
private-sector mandates imposed by the bill would be minimal. 
For example, the legislation would:
           Require new motorcoach carriers to undergo 
        audits;
           Expand the number of motorcoach carriers 
        that have to submit to safety reviews;
           Depending on the outcome of a rulemaking 
        procedure, require motorcoach carriers to submit to 
        annual state inspections;
           Require medical examiners, who certify the 
        medical fitness of applicants to be commercial drivers, 
        to file paperwork with state licensing agencies; and
           Prohibit motorcoach operators from using 
        distracting electronic devices such as cell phones.

Provisions excluded under UMRA

    CBO has not reviewed section 6(a) of the bill for 
intergovernmental or private-sector mandates. Section 4 of UMRA 
excludes from the application of that act any legislative 
provisions that enforce statutory rights that prohibit 
discrimination. CBO has determined that the provisions of 
section 6(a) fall within that exclusion because they involve 
compliance with the Americans with Disabilities Act of 1990.
    Estimate prepared by: Federal costs: Sarah Puro; Impact on 
state, local, and tribal governments: Ryan Miller; Impact on 
the private sector: Samuel Wice.
    Estimate approved by: Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                      Regulatory Impact Statement

  In accordance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee provides the 
following evaluation of the regulatory impact of the 
legislation, as reported:

                       NUMBER OF PERSONS COVERED

  The bill's provisions, with limited exceptions, apply to the 
motorcoach industry, which consists of approximately 3,400 
companies, employing 118,000 people in 2007, 62,000 full-time 
and 56,000 part-time.\7\ The bill's requirement that passenger 
vans transporting 9 to 15 passengers have a CDL would affect 
approximately 28,000 drivers operating in interstate commerce. 
The bill's driver license testing provision would apply to all 
truck and bus CDL holders, a population estimated at 4.5 
million.
---------------------------------------------------------------------------
    \7\Nathan Associates et al, p. IV.
---------------------------------------------------------------------------

                            ECONOMIC IMPACT

  S. 554 is not expected to have an adverse impact on the U.S. 
economy. While certain provisions of the bill would require the 
installation of new safety equipment on motorcoaches, it is 
anticipated that these costs will be offset, at least in part, 
by reductions in costs associated with insurance premiums, 
motorcoach accidents, injuries, and fatalities.

                                PRIVACY

  S. 554 would have a minimal effect on the privacy rights of 
individuals. While the bill would establish new requirements 
for the disclosure of information about a company's prior 
relationships with other motorcoach companies, the Committee 
considers this information to be in the interest of safety and 
should not be allowed to shield motorcoach operators from 
illegal behavior.

                               PAPERWORK

  S. 554 would impose new requirements on ``new entrant'' 
motorcoach companies. Section 6 of the bill would require that 
each new entrant successfully pass a pre-authorization safety 
audit to ensure the carrier is ready and able to comply with 
Federal safety laws and regulations. The bill also would 
require NHTSA and FMCSA to complete a number of safety 
assessments and rulemakings. Section 12 of the bill would 
reduce paperwork for motorcoach operators by replacing 
handwritten logbooks for recording hours-of-service with EOBRs.

                   Congressionally Directed Spending

  In compliance with paragraph 4(b) of rule XLIV of the 
Standing Rules of the Senate, the Committee provides that no 
items contained in the bill, as reported, meet the definition 
of congressionally directed spending items under the rule.

                      Section-by-Section Analysis


Section 1. Short Title; Table of Contents.

  This section would provide that the legislation may be cited 
as the Motorcoach Enhanced Safety Act of 2009. It would also 
provide a table of contents.

Section 2. Definitions.

  This section would define terms for purposes of the 
legislation, including ``Motorcoach,'' defined as an over-the-
road bus characterized by an elevated passenger deck located 
over a baggage compartment, and ``Secretary,'' defined as the 
Secretary of Transportation.

Section 3. Regulations for Improved Occupant Protection and Motorcoach 
        Crash Avoidance.

  This section would direct the Secretary, within one year of 
enactment, to prescribe regulations with respect to the 
following:

           Installation of safety belts in motorcoaches at 
        each designated seating position;

           Roof standards for motorcoaches that improve the 
        resistance of motorcoach roofs to deformation and 
        intrusion;

           Advanced glazing to be installed in each motorcoach 
        portal to prevent ejection of passengers;

           Installation of electronic stability control to 
        reduce the number and frequency of motorcoach rollover 
        crashes; and

           Installation of improved fire extinguishers or 
        other readily available firefighting equipment in 
        motorcoaches.

  The section would require the Secretary, within two years of 
enactment, to prescribe regulations requiring motorcoaches to 
be equipped with direct tire pressure monitoring systems 
meeting performance requirements established by the Secretary. 
The Secretary also would be directed to upgrade performance 
standards for tires used on motorcoaches, including an enhanced 
endurance test and a new high-speed performance test.
  Regulations prescribed under this section would apply to all 
motorcoaches manufactured more than two years after the date on 
which the regulation is published as a final rule. The section 
would allow the Secretary to require the retrofitting of 
existing motorcoaches based on an assessment of the 
feasibility, benefits, and costs of retrofitting motorcoaches 
already in operation.

Section 4. Standards for Improved Fire Safety.

  This section would require the Secretary, within 18 months of 
enactment, to conduct the following:

           A study of the feasibility of establishing 
        flammability standards for motorcoach exterior 
        components;

           A review of Federal motor vehicle safety standard 
        302 (49 CFR 571.302), relating to flammability of 
        interior materials;

           An assessment of technologies to prevent and 
        mitigate the propagation of wheel well fires and reduce 
        occupant deaths and injuries from such fires;

           An evaluation of requirements for motorcoaches to 
        be equipped with improved emergency evacuation designs 
        and emergency interior lighting systems; and

           An evaluation of requirements for motorcoaches to 
        be equipped with automatic fire suppression systems.

  Within three years of enactment, the Secretary would be 
required to issue standards and regulations for improved fire 
safety based on the result of these evaluations.

Section 5. Occupant Protection and Collision Avoidance Research.

  This section would require the Secretary, within two years of 
enactment, to complete research on the following:

           Enhanced compartmentalization safety 
        countermeasures for motorcoaches, including enhanced 
        seating designs, to reduce the risk of passengers being 
        thrown from seats;

           Enhanced occupant impact protection standards; and

           Forward and lateral crash warning systems 
        applications for motorcoaches.

  Within two years of the completion of each research 
initiative, the Secretary would be required to issue a standard 
or regulation based on the results of that research.

Section 6. New Entrants.

  This section would amend section 13902(b) of title 49, United 
States Code, by stating that the Secretary may only register a 
motorcoach operator after that person undergoes a pre-
authorization safety audit that includes verification of: a 
drug and alcohol program consistent with the provisions of part 
40 of title 49 CFR; the carrier's system of compliance with 
hours-of-service rules; the ability to obtain required 
insurance; driver qualifications, including the validity of 
each driver's CDL; disclosure of common ownership or other 
relationship with another motor carrier or applicant over the 
past three years; records of State inspections or Commercial 
Vehicle Safety Alliance Inspections for all vehicles; safety 
management programs, including vehicle maintenance and repair 
programs; and the ability to comply with the Americans with 
Disabilities Act and Over-The-Road Bus Transportation 
Accessibility Act of 2007. The pre-authorization safety audit 
would be required to be completed on-site no later than 90 days 
following the submission of an application for operating 
authority.
  The applicant also would be required to complete an interview 
to review safety management controls and demonstrate 
proficiency in federal safety rules and regulations through the 
successful completion of a written examination developed by the 
Secretary.
  The section contains a provision that would require the 
Secretary to perform a safety audit of motorcoach operators 
within nine months of when the operator begins operations.
  The amendments made by this section would take effect one 
year following the date of enactment.

Section 7. Reincarnated Carriers.

  This section would allow the Secretary to deny, suspend, 
amend, or revoke part or all of a motor carrier's authority if 
the Secretary finds that the applicant failed to disclose a 
material fact in its application for registration.
  The section would prohibit two or more employers from using 
common ownership, common control, common management, or common 
familial relationship to avoid compliance or from concealing 
non-compliance with Federal CMV safety regulations. The 
Secretary would be required to deny, suspend, amend, or revoke 
the carrier's authority if such occurs. Noncompliance would be 
taken into account in assessing civil penalties.

Section 8. Improved Oversight of Providers of Motorcoach Services and 
        Other Motorcoach Carriers of Passengers.

  This section would require that the Secretary, within three 
years of enactment, determine the safety fitness of each 
provider of motorcoach services registered with FMCSA and 
assign a safety fitness rating to each such provider. The 
Secretary would be required to establish a process for 
monitoring the safety performance of motorcoach operators on a 
periodic basis, and to reassess each such rating no less 
frequently than every three years.
  The section would require the Secretary, within one year of 
enactment, to revise FMCSA's safety fitness rating methodology, 
to meet the goals of the NTSB's recommendation H-99-6.

Section 9. Motorcoach Driver Training.

  Within 18 months following enactment, the Secretary would be 
required to establish minimum curricular requirements for entry 
level drivers and drivers upgrading from one class of 
commercial license to another, to be adopted by schools and 
carriers that provide training. Such requirements would include 
both classroom and behind-the-wheel-training and instruction 
and knowledge and skills necessary to suppress motorcoach fires 
and safely evacuate passengers.
  The section would require that each motorcoach driver seeking 
a passenger endorsement undergo a training program including 
this curriculum before taking a test for a passenger 
endorsement. Trainers would issue a certificate to the trainee 
and the appropriate state licensing authority that the driver 
has completed a training course meeting the minimum curriculum 
requirements. The State licensing authority would be required 
to refuse to administer the driver's test if the certificate 
presented by the driver does not match the certificate provided 
by the driver training school.
  Within two years of enactment, the Secretary would be 
required to submit a report to the Senate Committee on 
Commerce, Science, and Transportation and the House Energy and 
Commerce Committee on the feasibility of establishing a 
certification system for driving schools that provide motor 
carrier and/or motorcoach driver training.

Section 10. Improved Testing for the Commercial Driver's License 
        Passenger Endorsement.

  Within six months of enactment, the Secretary would be 
required to complete its ongoing rulemaking and issue a final 
rule that would improve the quality and stringency of the 
examination for the CDL passenger-carrying endorsement. The 
Secretary would be required to consult with the American 
Association of Motor Vehicle Administrators in carrying out 
these requirements.
  This section would require the Secretary to establish by 
regulation a requirement that a driver shall have a CDL 
passenger-carrying endorsement in order to operate a CMV and 
transport not less than nine and not more than 15 passengers 
(including a driver) in interstate commerce. Drivers of such 
vehicles also would be required to undergo drug and alcohol 
testing.

Section 11. Improved Physical Fitness Oversight and Commercial Driver 
        Medical Certificates.

  Within six months of enactment, the Secretary would be 
required to establish a national registry of medical examiners 
as required by section 31149(d)(1) of title 49, United States 
Code. In addition, this section would require the DOT's Medical 
Review Board to provide FMCSA with criteria for evaluating 
medical examiners for the national registry of medical 
examiners.
  The section would add to existing requirements for medical 
examiners to require that medical examiners performing physical 
examinations of motor carriers pass a rigorous written test to 
be listed in the national registry, and demonstrate a 
willingness to comply with DOT reporting requirements.
  Within 18 months following enactment, the Secretary would be 
directed to require, by regulation, that each medical examiner 
submit the form for such examination to the appropriate State 
licensing agency, and that the State licensing agency verify 
the accuracy and validity of the information contained in the 
form and medical examiner's certificate by comparing it to the 
forms provided to the driver and the driver's employer.
  The section also would require that the Secretary annually 
review the licensing authorities of at least 10 States to 
assess the accuracy, validity, and timeliness of physical 
examination reports and medical certificates submitted to the 
States. The Secretary would be required to develop an internal 
oversight policy for purposes of carrying out these annual 
reviews.

Section 12. Safety and Enforcement Technology for Motorcoaches.

  This section would require the Secretary, within one year of 
enactment, to prescribe regulations requiring that all 
motorcoaches used by a motor carrier in interstate commerce be 
equipped with an EOBR that can accurately record commercial 
driver hours of service and allow tracking of driver and 
vehicle location. The regulations would become effective two 
years after the date on which the regulation is published as a 
final rule.
  The section would require the Secretary to complete an 
evaluation of event data recorders, within one year of 
enactment. Within two years after completing its evaluation, 
the Secretary would be required to issue standards and 
regulations based on the results of that evaluation.

Section 13. Safety Inspection Program for Commercial Motor Vehicles of 
        Passengers.

  This section would require the Secretary, within three years 
of enactment, to complete a rulemaking proceeding to consider 
requiring States to conduct annual inspections of CMVs designed 
or used to transport passengers.

Section 14. Distracted Driving.

  Within one year of enactment, the Secretary would be required 
to prescribe regulations that prohibit the use of electronic or 
wireless devices by motorcoach operators in circumstances in 
which the Secretary determines that the use of such devices 
interferes with the driver's safe operation of a motorcoach. 
Use of prohibited devices could be permitted in emergency 
circumstances if the Secretary determines that such use is 
necessary for the safety of the driver or the public.

Section 15. Motorcoach Rental or Leasing Companies.

  The section would expand FMCSA's safety jurisdiction to 
include companies that rent or lease motor vehicles designed to 
transport more than 15 passengers, including the driver, and as 
part of the business operation; provide names and contact 
information of drivers; or hold themselves out to the public as 
a charter bus company.

Section 16. Regulations.

  This section would provide that 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, which addresses the rulemaking process.

                        Changes in Existing Law

  In compliance with paragraph 12 of rule XXVI of the Standing 
Rules of the Senate, changes in existing law made by the bill, 
as reported, are shown as follows (existing law proposed to be 
omitted is enclosed in black brackets, new material is printed 
in italic, existing law in which no change is proposed is shown 
in roman):

                        TITLE 49. TRANSPORTATION

                 SUBTITLE IV. INTERSTATE TRANSPORTATION

                       CHAPTER 139. REGISTRATION

13902. Registration of motor carriers

  (a) Motor carrier generally.--
          (1) In general.--Except as provided in this section, 
        the Secretary shall register a person to provide 
        transportation subject to jurisdiction under subchapter 
        I of chapter 135 of this title as a motor carrier if 
        the Secretary finds that the person is willing and able 
        to comply with--
                  (A) this part and the applicable regulations 
                of the Secretary and the Board;
                  (B)
                          (i) any safety regulations imposed by 
                        the Secretary;
                          (ii) the duties of employers and 
                        employees established by the Secretary 
                        under section 31135; and
                          (iii) the safety fitness requirements 
                        established by the Secretary under 
                        section 31144;
                  (C) the accessibility requirements 
                established by the Secretary under subpart H of 
                part 37 of title 49, Code of Federal 
                Regulations, or such successor regulations to 
                those accessibility requirements as the 
                Secretary may issue, for transportation 
                provided by an over-the-road bus; and
                  (D) the minimum financial responsibility 
                requirements established by the Secretary 
                pursuant to sections 13906 and 31138.
          (2) Additional registration requirements for 
        household goods motor carriers.--In addition to meeting 
        the requirements of paragraph (1), the Secretary may 
        register a person to provide transportation of 
        household goods as a household goods motor carrier only 
        after that person--
                  (A) provides evidence of participation in an 
                arbitration program and provides a copy of the 
                notice of the arbitration program as required 
                by section 14708(b)(2);
                  (B) identifies its tariff and provides a copy 
                of the notice of the availability of that 
                tariff for inspection as required by section 
                13702(c);
                  (C) provides evidence that it has access to, 
                has read, is familiar with, and will observe 
                all applicable Federal laws relating to 
                consumer protection, estimating, consumers' 
                rights and responsibilities, and options for 
                limitations of liability for loss and damage; 
                and
                  (D) discloses any relationship involving 
                common stock, common ownership, common 
                management, or common familial relationships 
                between that person and any other motor 
                carrier, freight forwarder, or broker of 
                household goods within 3 years of the proposed 
                date of registration.
          (3) Consideration of evidence; findings.--The 
        Secretary shall consider, and to the extent applicable, 
        make findings on any evidence demonstrating that the 
        registrant is unable to comply with any applicable 
        requirement of paragraph (1) or, in the case of a 
        registrant to which paragraph (2) applies, paragraph 
        (1) or (2).
          (4) Withholding.--If the Secretary determines that a 
        registrant under this section does not meet, or is not 
        able to meet, any requirement of paragraph (1) or, in 
        the case of a registrant to which paragraph (2) 
        applies, paragraph (1) or (2), the Secretary shall 
        withhold registration.
          (5) Limitation on complaints.--The Secretary may hear 
        a complaint from any person concerning a registration 
        under this subsection only on the ground that the 
        registrant fails or will fail to comply with this part, 
        the applicable regulations of the Secretary and the 
        Board (including the accessibility requirements 
        established by the Secretary under subpart H of part 37 
        of title 49, Code of Federal Regulations, or such 
        successor regulations to those accessibility 
        requirements as the Secretary may issue, for 
        transportation provided by an over-the-road bus), the 
        safety regulations of the Secretary, or the safety 
        fitness or minimum financial responsibility 
        requirements of paragraph (1) of this subsection. In 
        the case of a registration for the transportation of 
        household goods as a household goods motor carrier, the 
        Secretary may also hear a complaint on the ground that 
        the registrant fails or will fail to comply with the 
        requirements of paragraph (2) of this subsection.
  (b) Motor carriers of passengers.--
          (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).
          [(1)] (2) Registration of private recipients of 
        governmental assistance.--The Secretary shall register 
        under subsection (a)(1) a private recipient of 
        governmental assistance to provide special or charter 
        transportation subject to jurisdiction under subchapter 
        I of chapter 135 as a motor carrier of passengers if 
        the Secretary finds that the recipient meets the 
        requirements of subsection (a)(1), unless the Secretary 
        finds, on the basis of evidence presented by any person 
        objecting to the registration, that the transportation 
        to be provided pursuant to the registration is not in 
        the public interest.
          [(2)] (3) Registration of public recipients of 
        governmental assistance.--
                  (A) Charter transportation.--The Secretary 
                shall register under subsection (a)(1) a public 
                recipient of governmental assistance to provide 
                special or charter transportation subject to 
                jurisdiction under subchapter I of chapter 135 
                as a motor carrier of passengers if the 
                Secretary finds that--
                          (i) the recipient meets the 
                        requirements of subsection (a)(1); and
                          (ii)(I) no motor carrier of 
                        passengers (other than a motor carrier 
                        of passengers which is a public 
                        recipient of governmental assistance) 
                        is providing, or is willing to provide, 
                        the transportation; or
                          (II) the transportation is to be 
                        provided entirely in the area in which 
                        the public recipient provides regularly 
                        scheduled mass transportation services.
                  (B) Regular-route transportation.--The 
                Secretary shall register under subsection 
                (a)(1) a public recipient of governmental 
                assistance to provide regular-route 
                transportation subject to jurisdiction under 
                subchapter I of chapter 135 as a motor carrier 
                of passengers if the Secretary finds that the 
                recipient meets the requirements of subsection 
                (a)(1), unless the Secretary finds, on the 
                basis of evidence presented by any person 
                objecting to the registration, that the 
                transportation to be provided pursuant to the 
                registration is not in the public interest.
                  (C) Treatment of certain public recipients.--
                Any public recipient of governmental assistance 
                which is providing or seeking to provide 
                transportation of passengers subject to 
                jurisdiction under subchapter I of chapter 135 
                shall, for purposes of this part, be treated as 
                a person which is providing or seeking to 
                provide transportation of passengers subject to 
                such jurisdiction.
          [(3)] (4) Intrastate transportation by interstate 
        carriers.--A motor carrier of passengers that is 
        registered by the Secretary under subsection (a) is 
        authorized to provide regular-route transportation 
        entirely in one State as a motor carrier of passengers 
        if such intrastate transportation is to be provided on 
        a route over which the carrier provides interstate 
        transportation of passengers.
          [(4)] (5) Preemption of State regulation regarding 
        certain service.--No State or political subdivision 
        thereof and no interstate agency or other political 
        agency of 2 or more States shall enact or enforce any 
        law, rule, regulation, standard or other provision 
        having the force and effect of law relating to the 
        provision of pickup and delivery of express packages, 
        newspapers, or mail in a commercial zone if the 
        shipment has had or will have a prior or subsequent 
        movement by bus in intrastate commerce and, if a city 
        within the commercial zone, is served by a motor 
        carrier of passengers providing regular-route 
        transportation of passengers subject to jurisdiction 
        under subchapter I of chapter 135.
          [(5)] (6) Jurisdiction over certain intrastate 
        transportation.--Subject to section 14501(a), any 
        intrastate transportation authorized by this subsection 
        shall be treated as transportation subject to 
        jurisdiction under subchapter I of chapter 135 until 
        such time as the carrier takes such action as is 
        necessary to establish under the laws of such State 
        rates, rules, and practices applicable to such 
        transportation, but in no case later than the 30th day 
        following the date on which the motor carrier of 
        passengers first begins providing transportation 
        entirely in one State under this paragraph.
          [(6)] (7) Special operations.--This subsection shall 
        not apply to any regular-route transportation of 
        passengers provided entirely in one State which is in 
        the nature of a special operation.
          [(7)] (8) Suspension or revocation.--Intrastate 
        transportation authorized under this subsection may be 
        suspended or revoked by the Secretary under section 
        13905 of this title at any time.
          [(8)] (9) Definitions.--In this subsection, the 
        following definitions apply:
                  (A) Public recipient of governmental 
                assistance.--The term ``public recipient of 
                governmental assistance'' means--
                          (i) any State,
                          (ii) any municipality or other 
                        political subdivision of a State,
                          (iii) any public agency or 
                        instrumentality of one or more States 
                        and municipalities and political 
                        subdivisions of a State,
                          (iv) any Indian tribe, and
                          (v) any corporation, board, or other 
                        person owned or controlled by any 
                        entity described in clause (i), (ii), 
                        (iii), or (iv), which before, on, or 
                        after January 1, 1996, received 
                        governmental assistance for the 
                        purchase or operation of any bus.
                  (B) Private recipient of government 
                assistance.--The term ``private recipient of 
                government assistance'' means any person (other 
                than a person described in subparagraph (A)) 
                who before, on, or after January 1, 1996, 
                received governmental financial assistance in 
                the form of a subsidy for the purchase, lease, 
                or operation of any bus.
  (c) Restrictions on motor carriers domiciled in or owned or 
controlled by nationals of a contiguous foreign country.--
          (1) Prevention of discriminatory practices.--If the 
        President, or the delegate thereof, determines that an 
        act, policy, or practice of a foreign country 
        contiguous to the United States, or any political 
        subdivision or any instrumentality of any such country 
        is unreasonable or discriminatory and burdens or 
        restricts United States transportation companies 
        providing, or seeking to provide, motor carrier 
        transportation to, from, or within such foreign 
        country, the President or such delegate may--
                  (A) seek elimination of such practices 
                through consultations; or
                  (B) notwithstanding any other provision of 
                law, suspend, modify, amend, condition, or 
                restrict operations, including geographical 
                restriction of operations, in the United States 
                by motor carriers of property or passengers 
                domiciled in such foreign country or owned or 
                controlled by persons of such foreign country.
          (2) Equalization of treatment.--Any action taken 
        under paragraph (1)(A) to eliminate an act, policy, or 
        practice shall be so devised so as to equal to the 
        extent possible the burdens or restrictions imposed by 
        such foreign country on United States transportation 
        companies.
          (3) Removal or modification.--The President, or the 
        delegate thereof, may remove or modify in whole or in 
        part any action taken under paragraph (1)(A) if the 
        President or such delegate determines that such removal 
        or modification is consistent with the obligations of 
        the United States under a trade agreement or with 
        United States transportation policy.
          (4) Protection of existing operations.--Unless and 
        until the President, or the delegate thereof, makes a 
        determination under paragraph (1) or (3), nothing in 
        this subsection shall affect--
                  (A) operations of motor carriers of property 
                or passengers domiciled in any contiguous 
                foreign country or owned or controlled by 
                persons of any contiguous foreign country 
                permitted in the commercial zones along the 
                United States-Mexico border as such zones were 
                defined on December 31, 1995; or
                  (B) any existing restrictions on operations 
                of motor carriers of property or passengers 
                domiciled in any contiguous foreign country or 
                owned or controlled by persons of any 
                contiguous foreign country or any modifications 
                thereof pursuant to section 6 of the Bus 
                Regulatory Reform Act of 1982.
          (5) Publication; comment.--Unless the President, or 
        the delegate thereof, determines that expeditious 
        action is required, the President shall publish in the 
        Federal Register any determination under paragraph (1) 
        or (3), together with a description of the facts on 
        which such a determination is based and any proposed 
        action to be taken pursuant to paragraph (1)(B) or (3), 
        and provide an opportunity for public comment.
          (6) Delegation to Secretary.--The President may 
        delegate any or all authority under this subsection to 
        the Secretary, who shall consult with other agencies as 
        appropriate. In accordance with the directions of the 
        President, the Secretary may issue regulations to 
        enforce this subsection.
          (7) Civil actions.--Either the Secretary or the 
        Attorney General may bring a civil action in an 
        appropriate district court of the United States to 
        enforce this subsection or a regulation prescribed or 
        order issued under this subsection. The court may award 
        appropriate relief, including injunctive relief.
          (8) Limitation on statutory construction.--This 
        subsection shall not be construed as affecting the 
        requirement for all foreign motor carriers and foreign 
        motor private carriers operating in the United States 
        to comply with all applicable laws and regulations 
        pertaining to fitness, safety of operations, financial 
        responsibility, and taxes imposed by section 4481 of 
        the Internal Revenue Code of 1986.
  (d) Transition rule.--
          (1) In general.--Pending the implementation of the 
        rulemaking required by section 13908, the Secretary may 
        register a person under this section--
                  (A) as a motor common carrier if such person 
                would have been issued a certificate to provide 
                transportation as a motor common carrier under 
                this subtitle on December 31, 1995; and
                  (B) as a motor contract carrier if such 
                person would have been issued a permit to 
                provide transportation as a motor contract 
                carrier under this subtitle on such day.
          (2) Definitions.--In this subsection, the terms 
        ``motor common carrier'' and ``motor contract carrier'' 
        have the meaning such terms had under section 10102 as 
        such section was in effect on December 31, 1995.
          (3) Termination.--This subsection shall cease to be 
        in effect on the transition termination date.
  (e) Penalties for failure to comply with registration 
requirements.--In addition to other penalties available under 
law, motor carriers that fail to register their operations as 
required by this section or that operate beyond the scope of 
their registrations may be subject to the following penalties:
          (1) Out-of-service orders.--If, upon inspection or 
        investigation, the Secretary determines that a motor 
        vehicle providing transportation requiring registration 
        under this section is operating without a registration 
        or beyond the scope of its registration, the Secretary 
        may order the vehicle out-of-service. Subsequent to the 
        issuance of the out-of-service order, the Secretary 
        shall provide an opportunity for review in accordance 
        with section 554 of title 5, United States Code; except 
        that such review shall occur not later than 10 days 
        after issuance of such order.
          (2) Permission for operations.--A person domiciled in 
        a country contiguous to the United States with respect 
        to which an action under subsection (c)(1)(A) or 
        (c)(1)(B) is in effect and providing transportation for 
        which registration is required under this section shall 
        maintain evidence of such registration in the motor 
        vehicle when the person is providing the 
        transportation. The Secretary shall not permit the 
        operation in interstate commerce in the United States 
        of any motor vehicle in which there is not a copy of 
        the registration issued pursuant to this section.
  (f) Modification of carrier registration.--
          (1) In general.--On and after the transition 
        termination date, the Secretary--
                  (A) may not register a motor carrier under 
                this section as a motor common carrier or a 
                motor contract carrier;
                  (B) shall register applicants under this 
                section as motor carriers; and
                  (C) shall issue any motor carrier registered 
                under this section after that date a motor 
                carrier certificate of registration that 
                specifies whether the holder of the certificate 
                may provide transportation of persons, 
                household goods, other property, or any 
                combination thereof.
          (2) Pre-existing certificates and permits.--The 
        Secretary shall redesignate any motor carrier 
        certificate or permit issued before the transition 
        termination date as a motor carrier certificate of 
        registration. On and after the transition termination 
        date, any person holding a motor carrier certificate of 
        registration redesignated under this paragraph may 
        provide both contract carriage (as defined in section 
        13102(4)(B)) and transportation under terms and 
        conditions meeting the requirements of section 
        13710(a)(1). The Secretary may not, pursuant to any 
        regulation or form issued before or after the 
        transition termination date, make any distinction among 
        holders of motor carrier certificates of registration 
        on the basis of whether the holder would have been 
        classified as a common carrier or as a contract carrier 
        under--
                  (A) subsection (d) of this section, as that 
                section was in effect before the transition 
                termination date; or
                  (B) any other provision of this title that 
                was in effect before the transition termination 
                date.
          (3) Transition termination date defined.--In this 
        section, the term ``transition termination date'' means 
        the first day of January occurring more than 12 months 
        after the date of enactment of the Unified Carrier 
        Registration Act of 2005.
  (g) Motor carrier defined.--In this section and sections 
13905 and 13906, the term ``motor carrier'' includes foreign 
motor private carriers.

                        TITLE 49. TRANSPORTATION

                 SUBTITLE IV. INTERSTATE TRANSPORTATION

                       CHAPTER 139. REGISTRATION

13905. Effective periods of registration

  (a) Person holding ICC authority.--Any person having 
authority to provide transportation or service as a motor 
carrier, freight forwarder, or broker under this title, as in 
effect on December 31, 1995, shall be deemed, for purposes of 
this part, to be registered to provide such transportation or 
service under this part.
  (b) Person registered with Secretary.--
          (1) In general.--Except as provided in paragraph (2), 
        any person having registered with the Secretary to 
        provide transportation or service as a motor carrier or 
        motor private carrier under this title, as in effect on 
        January 1, 2005, but not having registered pursuant to 
        section 13902(a), shall be treated, for purposes of 
        this part, to be registered to provide such 
        transportation or service for purposes of sections 
        13908 and 14504a.
          (2) Exclusively intrastate operators.--Paragraph (1) 
        does not apply to a motor carrier or motor private 
        carrier (including a transporter of waste or recyclable 
        materials) engaged exclusively in intrastate 
        transportation operations.
  (c) In general.--Except as otherwise provided in this part, 
each registration issued under section 13902, 13903, or 13904 
shall be effective from the date specified by the Secretary and 
shall remain in effect for such period as the Secretary 
determines appropriate by regulation.
  (d) Suspension, amendments, and revocations.--
          (1) In general.--On application of the registrant, 
        the Secretary may amend or revoke a registration. On 
        complaint or on the Secretary's own initiative and 
        after notice and an opportunity for a proceeding, the 
        Secretary may (A) suspend, amend, or revoke any part of 
        the registration of a motor carrier, broker, or freight 
        forwarder for willful failure to comply with this part, 
        an applicable regulation or order of the Secretary or 
        of the Board (including the accessibility requirements 
        established by the Secretary under subpart H of part 37 
        of title 49, Code of Federal Regulations, or such 
        successor regulations to those accessibility 
        requirements as the Secretary may issue, for 
        transportation provided by an over-the-road bus), or a 
        condition of its [registration; and] registration; (B) 
        suspend, amend, or revoke any part of the registration 
        of a motor carrier, broker, or freight forwarder: (i) 
        for failure to pay a civil penalty imposed under 
        chapter 5, 51, 149, or 311 of this title; or (ii) for 
        failure to arrange and abide by an acceptable payment 
        plan for such civil penalty, within 90 days of the time 
        specified by order of the Secretary for the payment of 
        such [penalty.] 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.
          Subparagraph (B) shall not apply to any person who is 
        unable to pay a civil penalty because such person is a 
        debtor in a case under chapter 11 of title 11, United 
        States Code.
          (2) Regulations.--Not later than 12 months after the 
        date of the enactment of this paragraph, the Secretary, 
        after notice and opportunity for public comment, shall 
        issue regulations to provide for the suspension, 
        amendment, or revocation of a registration under this 
        part for failure to pay a civil penalty as provided in 
        paragraph (1)(B).
  (e) Procedure.--Except on application of the registrant, the 
Secretary may revoke a registration of a motor carrier, freight 
forwarder, or broker, only after--
          (1) the Secretary has issued an order to the 
        [registrant] 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), under section 14701 
        requiring compliance with this part, a regulation of 
        the Secretary, or a condition of the registration; and
          (2) the registrant willfully does not comply with the 
        order for a period of 30 days.
  (f) Expedited procedure.--
          (1) Protection of safety.--Notwithstanding subchapter 
        II of chapter 5 of title 5, the Secretary--
                  (A) may suspend the registration of a motor 
                carrier, a freight forwarder, or a broker for 
                failure to comply with requirements of the 
                Secretary pursuant to section 13904(c) or 13906 
                or an order or regulation of the Secretary 
                prescribed under those sections; and
                  (B) shall revoke the registration of a motor 
                carrier that has been prohibited from operating 
                in interstate commerce for failure to comply 
                with the safety fitness requirements of section 
                31144.
          (2) Imminent hazard to public health.--Without regard 
        to subchapter II of chapter 5 of title 5, the Secretary 
        shall revoke the registration of a motor carrier of 
        passengers if the Secretary finds that such carrier has 
        been conducting unsafe operations which are an imminent 
        hazard to public health or property.
          (3) Notice; period of suspension.--The Secretary may 
        suspend or revoke under this subsection the 
        registration only after giving notice of the suspension 
        or revocation to the registrant. A suspension remains 
        in effect until the registrant complies with the 
        applicable sections or, in the case of a suspension 
        under paragraph (2), until the Secretary revokes the 
        suspension.

                        TITLE 49. TRANSPORTATION

             SUBTITLE VI. MOTOR VEHICLE AND DRIVER PROGRAMS

              CHAPTER 311. COMMERCIAL MOTOR VEHICLE SAFETY

            SUBCHAPTER I. GENERAL AUTHORITY AND STATE GRANTS

31102. Grants to States

  (a) General authority.--Subject to this section and the 
availability of amounts, the Secretary of Transportation may 
make grants to States for the development or implementation of 
programs for improving motor carrier safety and the enforcement 
of regulations, standards, and orders of the United States 
Government on commercial motor vehicle safety, hazardous 
materials transportation safety, and compatible State 
regulations, standards, and orders.
  (b) State plan procedures and contents.--
          (1) The Secretary shall prescribe procedures for a 
        State to submit a plan under which the State agrees to 
        assume responsibility for improving motor carrier 
        safety and to adopt and enforce regulations, standards, 
        and orders of the Government on commercial motor 
        vehicle safety, hazardous materials transportation 
        safety, or compatible State regulations, standards, and 
        orders. The Secretary shall approve the plan if the 
        Secretary decides the plan is adequate to promote the 
        objectives of this section and the plan--
                  (A) implements performance-based activities, 
                including deployment of technology to enhance 
                the efficiency and effectiveness of commercial 
                motor vehicle safety programs;
                  (B) designates the State motor vehicle safety 
                agency responsible for administering the plan 
                throughout the State;
                  (C) contains satisfactory assurances the 
                agency has or will have the legal authority, 
                resources, and qualified personnel necessary to 
                enforce the regulations, standards, and orders;
                  (D) contains satisfactory assurances the 
                State will devote adequate amounts to the 
                administration of the plan and enforcement of 
                the regulations, standards, and orders;
                  (E) provides that the total expenditure of 
                amounts of the State and its political 
                subdivisions (not including amounts of the 
                Government) for commercial motor vehicle safety 
                programs for enforcement of commercial motor 
                vehicle size and weight limitations, drug 
                interdiction, and State traffic safety laws and 
                regulations under subsection (c) of this 
                section will be maintained at a level at least 
                equal to the average level of that expenditure 
                for the 3 full fiscal years beginning after 
                October 1 of the year 5 years prior to the 
                beginning of each Government fiscal year.
                  (F) provides a right of entry and inspection 
                to carry out the plan;
                  (G) provides that all reports required under 
                this section be submitted to the agency and 
                that the agency will make the reports available 
                to the Secretary on request;
                  (H) provides that the agency will adopt the 
                reporting requirements and use the forms for 
                recordkeeping, inspections, and investigations 
                the Secretary prescribes;
                  (I) requires registrants of commercial motor 
                vehicles to make a declaration of knowledge of 
                applicable safety regulations, standards, and 
                orders of the Government and the State;
                  (J) provides that the State will grant 
                maximum reciprocity for inspections conducted 
                under the North American Inspection Standard 
                through the use of a nationally accepted system 
                that allows ready identification of previously 
                inspected commercial motor vehicles;
                  (K) ensures that activities described in 
                subsection (c)(1) of this section, if financed 
                with grants under subsection (a) of this 
                section, will not diminish the effectiveness of 
                the development and implementation of 
                commercial motor vehicle safety programs 
                described in subsection (a);
                  (L) ensures that the State agency will 
                coordinate the plan, data collection, and 
                information systems with State highway safety 
                programs under title 23;
                  (M) ensures participation in SAFETYNET and 
                other information systems by all appropriate 
                jurisdictions receiving funding under this 
                section;
                  (N) ensures that information is exchanged 
                among the States in a timely manner;
                  (O) provides satisfactory assurances that the 
                State will undertake efforts that will 
                emphasize and improve enforcement of State and 
                local traffic safety laws and regulations 
                related to commercial motor vehicle safety;
                  (P) provides satisfactory assurances that the 
                State will promote activities in support of 
                national priorities and performance goals, 
                including--
                          (i) activities aimed at removing 
                        impaired commercial motor vehicle 
                        drivers from the highways of the United 
                        States through adequate enforcement of 
                        regulations on the use of alcohol and 
                        controlled substances and by ensuring 
                        ready roadside access to alcohol 
                        detection and measuring equipment;
                          (ii) activities aimed at providing an 
                        appropriate level of training to State 
                        motor carrier safety assistance program 
                        officers and employees on recognizing 
                        drivers impaired by alcohol or 
                        controlled substances; and
                          (iii) interdiction activities 
                        affecting the transportation of 
                        controlled substances by commercial 
                        motor vehicle drivers and training on 
                        appropriate strategies for carrying out 
                        those interdiction activities;
                  (Q) provides that the State has established a 
                program to ensure that--
                          (i) accurate, complete, and timely 
                        motor carrier safety data is collected 
                        and reported to the Secretary; and
                          (ii) the State will participate in a 
                        national motor carrier safety data 
                        correction system prescribed by the 
                        Secretary;
                  (R) ensures that the State will cooperate in 
                the enforcement of registration requirements 
                under section 13902 and financial 
                responsibility requirements under sections 
                13906, 31138, and 31139 and regulations issued 
                thereunder;
                  (S) ensures consistent, effective, and 
                reasonable sanctions;
                  (T) ensures that roadside inspections will be 
                conducted at a location that is adequate to 
                protect the safety of drivers and enforcement 
                personnel;
                  (U) provides that the State will include in 
                the training manual for the licensing 
                examination to drive a noncommercial motor 
                vehicle and a commercial motor vehicle, 
                information on best practices for driving 
                safely in the vicinity of noncommercial and 
                commercial motor vehicles;
                  (V) provides that the State will enforce the 
                registration requirements of section 13902 by 
                prohibiting the operation of any vehicle 
                discovered to be operated by a motor carrier 
                without a registration issued under such 
                section or to operate beyond the scope of such 
                registration;
                  (W) provides that the State will conduct 
                comprehensive and highly visible traffic 
                enforcement and commercial motor vehicle safety 
                inspection programs in high-risk locations and 
                corridors; [and]
                  (X) except in the case of an imminent or 
                obvious safety hazard, ensures that an 
                inspection of a vehicle transporting passengers 
                for a motor carrier of passengers is conducted 
                at a station, terminal, border crossing, 
                maintenance facility, destination, or other 
                location where a motor carrier may make a 
                planned [stop.] stop; and
                  (Y) requires State licensing authorities to 
                compare the forms they receive pursuant to 
                section 11(c) of the Motorcoach Enhanced Safety 
                Act of 2009 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.
          (2) If the Secretary disapproves a plan under this 
        subsection, the Secretary shall give the State a 
        written explanation and allow the State to modify and 
        resubmit the plan for approval.
          (3) In estimating the average level of State 
        expenditure under paragraph (1)(E) of this subsection, 
        the Secretary--
                  (A) may allow the State to exclude State 
                expenditures for Government-sponsored 
                demonstration or pilot programs; and
                  (B) shall require the State to exclude 
                Government amounts and State matching amounts 
                used to receive Government financing under 
                subsection (a) of this section.
  (c) Use of grants to enforce other laws.--A State may use 
amounts received under a grant under subsection (a)--
          (1) for the following activities if the activities 
        are carried out in conjunction with an appropriate 
        inspection of the commercial motor vehicle to enforce 
        Government or State commercial motor vehicle safety 
        regulations:
                  (A) enforcement of commercial motor vehicle 
                size and weight limitations at locations other 
                than fixed weight facilities, at specific 
                locations such as steep grades or mountainous 
                terrains where the weight of a commercial motor 
                vehicle can significantly affect the safe 
                operation of the vehicle, or at ports where 
                intermodal shipping containers enter and leave 
                the United States; and
                  (B) detection of the unlawful presence of a 
                controlled substance (as defined under section 
                102 of the Comprehensive Drug Abuse Prevention 
                and Control Act of 1970 (21 U.S.C. 802)) in a 
                commercial motor vehicle or on the person of 
                any occupant (including the operator) of the 
                vehicle; and
          (2) for documented enforcement of State traffic laws 
        and regulations designed to promote the safe operation 
        of commercial motor vehicles, including documented 
        enforcement of such laws and regulations relating to 
        noncommercial motor vehicles when necessary to promote 
        the safe operation of commercial motor vehicles if the 
        number of motor carrier safety activities (including 
        roadside safety inspections) conducted in the State is 
        maintained at a level at least equal to the average 
        level of such activities conducted in the State in 
        fiscal years 2003, 2004, and 2005; except that the 
        State may not use more than 5 percent of the basic 
        amount the State receives under the grant under 
        subsection (a) for enforcement activities relating to 
        noncommercial motor vehicles described in this 
        paragraph unless the Secretary determines a higher 
        percentage will result in significant increases in 
        commercial motor vehicle safety.
  (d) Continuous evaluation of plans.--On the basis of reports 
submitted by a State motor vehicle safety agency of a State 
with a plan approved under this section and the Secretary's own 
investigations, the Secretary shall make a continuing 
evaluation of the way the State is carrying out the plan. If 
the Secretary finds, after notice and opportunity for comment, 
the State plan previously approved is not being followed or has 
become inadequate to ensure enforcement of the regulations, 
standards, or orders, the Secretary shall withdraw approval of 
the plan and notify the State. The plan stops being effective 
when the notice is received. A State adversely affected by the 
withdrawal may seek judicial review under chapter 7 of title 5. 
Notwithstanding the withdrawal, the State may retain 
jurisdiction in administrative or judicial proceedings begun 
before the withdrawal if the issues involved are not related 
directly to the reasons for the withdrawal.
  (e) Annual report.--The Secretary shall submit to the 
Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, Science and 
Transportation of the Senate an annual report that--
          (1) analyzes commercial motor vehicle safety trends 
        among the States and documents the most effective 
        commercial motor vehicle safety programs implemented 
        with grants under this section; and
          (2) describes the effect of activities carried out 
        with grants made under this section on commercial motor 
        vehicle safety.

                        TITLE 49. TRANSPORTATION

             SUBTITLE VI. MOTOR VEHICLE AND DRIVER PROGRAMS

              CHAPTER 311. COMMERCIAL MOTOR VEHICLE SAFETY

                   SUBCHAPTER III. SAFETY REGULATION

31132. Definitions

  In this subchapter--
          (1) ``commercial motor vehicle'' means a self-
        propelled or towed vehicle used on the highways in 
        interstate commerce to transport passengers or 
        property, if the vehicle--
                  (A) has a gross vehicle weight rating or 
                gross vehicle weight of at least 10,001 pounds, 
                whichever is greater;
                  (B) is designed or used to transport more 
                than 8 passengers (including the driver) for 
                compensation;
                  (C) is designed or used to transport more 
                than 15 passengers, including the driver, and 
                is not used to transport passengers for 
                compensation; or
                  (D) is used in transporting material found by 
                the Secretary of Transportation to be hazardous 
                under section 5103 of this title and 
                transported in a quantity requiring placarding 
                under regulations prescribed by the Secretary 
                under section 5103.
          (2) ``employee'' means an operator of a commercial 
        motor vehicle (including an independent contractor when 
        operating a commercial motor vehicle), a mechanic, a 
        freight handler, or an individual not an employer, 
        who--
                  (A) directly affects commercial motor vehicle 
                safety in the course of employment; and
                  (B) is not an employee of the United States 
                Government, a State, or a political subdivision 
                of a State acting in the course of the 
                employment by the Government, a State, or a 
                political subdivision of a State.
          [(3) ``employer''--
                  [(A) means a person engaged in a business 
                affecting interstate commerce that owns or 
                leases a commercial motor vehicle in connection 
                with that business, or assigns an employee to 
                operate it; but
                  [(B) does not include the Government, a 
                State, or a political subdivision of a State.]
          (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, or holds itself out to the 
                        public as a charter bus company; 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.
          (4) ``interstate commerce'' means trade, traffic, or 
        transportation in the United States between a place in 
        a State and--
                  (A) a place outside that State (including a 
                place outside the United States); or
                  (B) another place in the same State through 
                another State or through a place outside the 
                United States.
          (5) ``intrastate commerce'' means trade, traffic, or 
        transportation in a State that is not interstate 
        commerce.
          (6) ``medical examiner'' means an individual 
        licensed, certified, or registered in accordance with 
        regulations issued by the Federal Motor Carrier Safety 
        Administration as a medical examiner.
          (7) ``regulation'' includes a standard or order.
          (8) ``State'' means a State of the United States, the 
        District of Columbia, and, in sections 31136 and 31140-
        31142 of this title, a political subdivision of a 
        State.
          (9) ``State law'' includes a law enacted by a 
        political subdivision of a State.
          (10) ``State regulation'' includes a regulation 
        prescribed by a political subdivision of a State.
          (11) ``United States'' means the States of the United 
        States and the District of Columbia.

                        TITLE 49. TRANSPORTATION

             SUBTITLE VI. MOTOR VEHICLE AND DRIVER PROGRAMS

              CHAPTER 311. COMMERCIAL MOTOR VEHICLE SAFETY

                   SUBCHAPTER III. SAFETY REGULATION

31135. Duties of employers and employees

  (a) In general.--Each employer and employee shall comply with 
regulations on commercial motor vehicle safety prescribed by 
the Secretary of Transportation under this subchapter that 
apply to the employer's or employee's conduct.
  (b) Pattern of noncompliance.--If the Secretary finds that an 
officer of a motor carrier engages or has engaged in a pattern 
or practice of avoiding compliance, or masking or otherwise 
concealing noncompliance, with regulations on commercial motor 
vehicle safety prescribed under this subchapter, while serving 
as an officer of any motor carrier, the Secretary may suspend, 
amend, or revoke any part of the motor carrier's registration 
under section 13905.
  (c) Regulations.--Not later than 1 year after the date of 
enactment of this subsection, the Secretary shall by regulation 
establish standards to implement subsection (b).
  (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 non-compliance, 
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).
  [(d)] (e) Definitions.--In this section, the following 
definitions apply:
          (1) Motor carrier.--The term ``motor carrier'' has 
        the meaning such term has under section 13102.
          (2) Officer.--The term ``officer'' means an owner, 
        director, chief executive officer, chief operating 
        officer, chief financial officer, safety director, 
        vehicle maintenance supervisor, and driver supervisor 
        of a motor carrier, regardless of the title attached to 
        those functions, and any person, however designated, 
        exercising controlling influence over the operations of 
        a motor carrier.

                        TITLE 49. TRANSPORTATION

             SUBTITLE VI. MOTOR VEHICLE AND DRIVER PROGRAMS

              CHAPTER 311. COMMERCIAL MOTOR VEHICLE SAFETY

                   SUBCHAPTER III. SAFETY REGULATION

31144. Safety fitness of owners and operators

  (a) In general.--The Secretary shall--
          (1) determine whether an owner or operator is fit to 
        operate safely commercial motor vehicles, utilizing 
        among other things the accident record of an owner or 
        operator operating in interstate commerce and the 
        accident record and safety inspection record of such 
        owner or operator--
                  (A) in operations that affect interstate 
                commerce within the United States; and
                  (B) in operations in Canada and Mexico if the 
                owner or operator also conducts operations 
                within the United States;
          (2) periodically update such safety fitness 
        determinations;
          (3) make such final safety fitness determinations 
        readily available to the public; and
          (4) prescribe by regulation penalties for violations 
        of this section consistent with section 521.
  (b) Procedure.--The Secretary shall maintain by regulation a 
procedure for determining the safety fitness of an owner or 
operator. The procedure shall include, at a minimum, the 
following elements:
          (1) Specific initial and continuing requirements with 
        which an owner or operator must comply to demonstrate 
        safety fitness.
          (2) A methodology the Secretary will use to determine 
        whether an owner or operator is fit.
          (3) Specific time frames within which the Secretary 
        will determine whether an owner or operator is fit.
  (c) Prohibited transportation.--
          (1) In general.--Except as provided in section 
        521(b)(5)(A) and this subsection, an owner or operator 
        who the Secretary determines is not fit may not operate 
        commercial motor vehicles in interstate commerce 
        beginning on the 61st day after the date of such 
        fitness determination and until the Secretary 
        determines such owner or operator is fit.
          (2) Owners or operators transporting passengers.--
        With regard to owners or operators of commercial motor 
        vehicles designed or used to transport passengers, an 
        owner or operator who the Secretary determines is not 
        fit may not operate in interstate commerce beginning on 
        the 46th day after the date of such fitness 
        determination and until the Secretary determines such 
        owner or operator is fit.
          (3) Owners or operators transporting hazardous 
        material.--With regard to owners or operators of 
        commercial motor vehicles designed or used to transport 
        hazardous material for which placarding of a motor 
        vehicle is required under regulations prescribed under 
        chapter 51, an owner or operator who the Secretary 
        determines is not fit may not operate in interstate 
        commerce beginning on the 46th day after the date of 
        such fitness determination and until the Secretary 
        determines such owner or operator is fit. A violation 
        of this paragraph by an owner or operator transporting 
        hazardous material shall be considered a violation of 
        chapter 51, and shall be subject to the penalties in 
        sections 5123 and 5124.
          (4) Secretary's discretion.--Except for owners or 
        operators described in paragraphs (2) and (3), the 
        Secretary may allow an owner or operator who is not fit 
        to continue operating for an additional 60 days after 
        the 61st day after the date of the Secretary's fitness 
        determination, if the Secretary determines that such 
        owner or operator is making a good faith effort to 
        become fit.
          (5) Transportation affecting interstate commerce.--
        Owners or operators of commercial motor vehicles 
        prohibited from operating in interstate commerce 
        pursuant to paragraphs (1) through (3) of this section 
        may not operate any commercial motor vehicle that 
        affects interstate commerce until the Secretary 
        determines that such owner or operator is fit.
  (d) Determination of unfitness by State.--If a State that 
receives motor carrier safety assistance program funds under 
section 31102 determines, by applying the standards prescribed 
by the Secretary under subsection (b), that an owner or 
operator of a commercial motor vehicle that has its principal 
place of business in that State and operates in intrastate 
commerce is unfit under such standards and prohibits the owner 
or operator from operating such vehicle in the State, the 
Secretary shall prohibit the owner or operator from operating 
such vehicle in interstate commerce until the State determines 
that the owner or operator is fit.
  (e) Review of fitness determinations.--
          (1) In general.--Not later than 45 days after an 
        unfit owner or operator requests a review, the 
        Secretary shall review such owner's or operator's 
        compliance with those requirements with which the owner 
        or operator failed to comply and resulted in the 
        Secretary determining that the owner or operator was 
        not fit.
          (2) Owners or operators transporting passengers.--Not 
        later than 30 days after an unfit owner or operator of 
        commercial motor vehicles designed or used to transport 
        passengers requests a review, the Secretary shall 
        review such owner's or operator's compliance with those 
        requirements with which the owner or operator failed to 
        comply and resulted in the Secretary determining that 
        the owner or operator was not fit.
          (3) Owners or operators transporting hazardous 
        material.--Not later than 30 days after an unfit owner 
        or operator of commercial motor vehicles designed or 
        used to transport hazardous material for which 
        placarding of a motor vehicle is required under 
        regulations prescribed under chapter 51, the Secretary 
        shall review such owner's or operator's compliance with 
        those requirements with which the owner or operator 
        failed to comply and resulted in the Secretary 
        determining that the owner or operator was not fit.
  (f) Prohibited Government use.--A department, agency, or 
instrumentality of the United States Government may not use to 
provide any transportation service an owner or operator who the 
Secretary has determined is not fit until the Secretary 
determines such owner or operator is fit.
  (g) Safety reviews of new operators.--
          [(1) In general.--The Secretary shall require, by 
        regulation, each owner and each operator granted new 
        operating authority, after the date on which section 
        31148(b) is first implemented, to undergo a safety 
        review within the first 18 months after the owner or 
        operator, as the case may be, begins operations under 
        such authority.
          [(2) Elements.--In the regulations issued pursuant to 
        paragraph (1), the Secretary shall establish the 
        elements of the safety review, including basic safety 
        management controls. In establishing such elements, the 
        Secretary shall consider their effects on small 
        businesses and shall consider establishing alternate 
        locations where such reviews may be conducted for the 
        convenience of small businesses.]
          (1) Safety review.--
                  (A) In general.--The Secretary shall require, 
                by regulation, each owner and each operator 
                granted new registration under section 13902 to 
                undergo a safety review within the first 18 
                months after the owner or operator, as the case 
                may be, begins operations under such 
                registration.
                  (B) Providers of motorcoach services.--Safety 
                reviews of owners and operators registered as 
                providers of motorcoach services shall be 
                conducted within the first 9 months after the 
                owner or operator, as the case may be, begins 
                operations under such registration.
          (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) Phase-in of requirement.--The Secretary shall 
        phase in the requirements of paragraph (1) in a manner 
        that takes into account the availability of certified 
        motor carrier safety auditors.
          (4) New entrant authority.--Notwithstanding any other 
        provision of this title, any new operating authority 
        granted after the date on which section 31148(b) is 
        first implemented shall be designated as new entrant 
        authority until the safety review required by paragraph 
        (1) is completed.
          (5) New entrant audits.--
                  (A) Grants.--The Secretary may make grants to 
                States and local governments for new entrant 
                motor carrier audits under this subsection 
                without requiring a matching contribution from 
                such States and local governments.
                  (B) Set aside.--The Secretary shall set aside 
                from amounts made available by section 31104(a) 
                up to $29,000,000 per fiscal year for audits of 
                new entrant motor carriers conducted pursuant 
                to this paragraph.
                  (C) Determination.--If the Secretary 
                determines that a State or local government is 
                not able to use government employees to conduct 
                new entrant motor carrier audits, the Secretary 
                may use the funds set aside under this 
                paragraph to conduct audits for such States or 
                local governments.]
  (h) Periodic Safety Reviews of Providers of Motorcoach 
Services.--
          (1) Safety review.--Not later than 3 years after the 
        date of the enactment of the Motorcoach Enhanced Safety 
        Act of 2009, the Secretary shall determine the safety 
        fitness of each provider of motorcoach services 
        registered with the Federal Motor Carrier Safety 
        Administration and assign a safety fitness rating to 
        each such provider.
          (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 2009.

                        TITLE 49. TRANSPORTATION

             SUBTITLE VI. MOTOR VEHICLE AND DRIVER PROGRAMS

              CHAPTER 311. COMMERCIAL MOTOR VEHICLE SAFETY

                   SUBCHAPTER III. SAFETY REGULATION

31149. Medical program

  (a) Medical Review Board.--
          (1) Establishment and function.--The Secretary of 
        Transportation shall establish a Medical Review Board 
        to provide the Federal Motor Carrier Safety 
        Administration with medical advice and recommendations 
        on (A) medical standards and guidelines for the 
        physical qualifications of operators of commercial 
        motor vehicles, medical examiner education, and medical 
        [research.] 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.
          (2) Composition.--The Medical Review Board shall be 
        appointed by the Secretary and shall consist of 5 
        members selected from medical institutions and private 
        practice. The membership shall reflect expertise in a 
        variety of medical specialties relevant to the driver 
        fitness requirements of the Federal Motor Carrier 
        Safety Administration.
  (b) Chief medical examiner.--The Secretary shall appoint a 
chief medical examiner who shall be an employee of the Federal 
Motor Carrier Safety Administration and who shall hold a 
position under section 3104 of title 5, United States Code, 
relating to employment of specially qualified scientific and 
professional personnel, and shall be paid under section 5376 of 
title 5, United States Code, relating to pay for certain 
senior-level positions.
  (c) Medical standards and requirements.--
          (1) In general.--The Secretary, with the advice of 
        the Medical Review Board and the chief medical 
        examiner, shall--
                  (A) establish, review, and revise--
                          (i) medical standards for operators 
                        of commercial motor vehicles that will 
                        ensure that the physical condition of 
                        operators of commercial motor vehicles 
                        is adequate to enable them to operate 
                        the vehicles safely; and
                          (ii) requirements for periodic 
                        physical examinations of such operators 
                        performed by medical examiners who 
                        have, at a minimum, self-certified that 
                        they have completed training in 
                        physical and medical examination 
                        standards and are listed on a national 
                        registry maintained by the Department 
                        of Transportation;
                  (B) require each such operator to have a 
                current valid medical certificate;
                  (C) conduct periodic reviews of a select 
                number of medical examiners on the national 
                registry to ensure that proper examinations of 
                such operators are being conducted;
                  [(D) develop, as appropriate, specific 
                courses and materials for medical examiners 
                listed in the national registry established 
                under this section, and require those medical 
                examiners to, at a minimum, self-certify that 
                they have completed specific training, 
                including refresher courses, to be listed in 
                the registry;]
                  (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;
                  (E) require medical examiners to transmit the 
                name of the applicant and numerical identifier, 
                as determined by the Administrator of the 
                Federal Motor Carrier Safety Administration, 
                for any completed medical examination report 
                required under section 391.43 of title 49, Code 
                of Federal Regulations, electronically to the 
                chief medical examiner on monthly [basis; and] 
                basis;
                  (F) periodically review a representative 
                sample of the medical examination reports 
                associated with the name and numerical 
                identifiers of applicants transmitted under 
                subparagraph (E) for errors, omissions, or 
                other indications of improper [certification.] 
                certification; and
                  (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) Monitoring performance.--The Secretary shall 
        investigate patterns of errors or improper 
        certification by a medical examiner. If the Secretary 
        finds that a medical examiner has issued a medical 
        certificate to an operator of a commercial motor 
        vehicle who fails to meet the applicable standards at 
        the time of the examination or that a medical examiner 
        has falsely claimed to have completed training in 
        physical and medical examination standards as required 
        by this section, the Secretary may remove such medical 
        examiner from the registry and may void the medical 
        certificate of the applicant or holder.
  (d) National registry of medical examiners.--The Secretary, 
acting through the Federal Motor Carrier Safety 
Administration--
          (1) shall establish and maintain a current national 
        registry of medical examiners who are qualified to 
        perform examinations and issue medical certificates;
          (2) shall remove from the registry the name of any 
        medical examiner that fails to meet or maintain the 
        qualifications established by the Secretary for being 
        listed in the registry or otherwise does not meet the 
        requirements of this section or regulation issued under 
        this section;
          (3) shall accept as valid only medical certificates 
        issued by persons on the national registry of medical 
        examiners; and
          (4) may make participation of medical examiners in 
        the national registry voluntary if such a change will 
        enhance the safety of operators of commercial motor 
        vehicles.
  (e) Regulations.--The Secretary shall issue such regulations 
as may be necessary to carry out this section.

                        TITLE 49. TRANSPORTATION

             SUBTITLE VI. MOTOR VEHICLE AND DRIVER PROGRAMS

              CHAPTER 311. COMMERCIAL MOTOR VEHICLE SAFETY

                   SUBCHAPTER III. SAFETY REGULATION

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 2009, 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.

                           PUBLIC LAW 109-59

SEC. 4138. HIGH RISK CARRIER COMPLIANCE REVIEWS.

  From the funds authorized by section 31104(i) of title 49, 
United States Code, the Secretary shall ensure that compliance 
reviews are completed on motor carriers that have demonstrated 
through performance data that they pose the highest safety 
risk. At a minimum, a compliance review shall be conducted 
whenever a motor carrier [is rated as category A or B for 2 
consecutive months.] meets the Safety Measurement System 
criteria for being a high risk motor carrier for 2 consecutive 
months.

                                  
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