[Senate Report 112-93]
[From the U.S. Government Publishing Office]


                                                       Calendar No. 227
112th Congress                                                   Report

 1st Session                     SENATE                          112-93
_______________________________________________________________________

                    MOTORCOACH ENHANCED SAFETY ACT OF 2011

                               __________

                              R E P O R T

                                 OF THE

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                                 S. 453



                                     

                November 9, 2011.--Ordered to be printed


                                  _______

                     U.S. GOVERNMENT PRINTING OFFICE

19-010                      WASHINGTON : 2011










       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
                      one hundred twelfth congress
                             first session

            JOHN D. ROCKEFELLER IV, West Virginia, Chairman
DANIEL K. INOUYE, Hawaii             KAY BAILEY HUTCHISON, Texas
JOHN F. KERRY, Massachusetts         OLYMPIA J. SNOWE, Maine
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      JOHNNY ISAKSON, Georgia
MARK PRYOR, Arkansas                 ROY BLUNT, Missouri
CLAIRE McCASKILL, Missouri           JOHN BOOZMAN, Arkansas
AMY KLOBUCHAR, Minnesota             PATRICK J. TOOMEY, Pennsylvania
TOM UDALL, New Mexico                MARCO RUBIO, Florida
MARK WARNER, Virginia                KELLY AYOTTE, New Hampshire
MARK BEGICH, Alaska                  DEAN HELLER, Nevada

                     Ellen Doneski, Staff Director
                   James Reid, Deputy Staff Director
                     Bruce Andrews, General Counsel
                Todd Bertoson, Republican Staff Director
           Jarrod Thompson, Republican Deputy Staff Director
               Rebecca Seidel, Republican General Counsel











                                                       Calendar No. 227
112th Congress                                                   Report
                                 SENATE
 1st Session                                                     112-93

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



 
                 MOTORCOACH ENHANCED SAFETY ACT OF 2011

                                _______
                                

                November 9, 2011.--Ordered to be printed

                                _______
                                

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

                                 REPORT

                         [To accompany S. 453]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (S. 453) 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. 453, the Motorcoach Enhanced Safety Act of 2011, 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 advanced window glazing to prevent 
passenger ejections; 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 Need

  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 Update 2010, 3,921 companies operated 35,026 
motorcoaches in 2009.
  The motorcoach industry provided approximately 723 million 
motorcoach passenger trips over 1.7 billion motorcoach service 
miles in 2009. Slightly over half of all motorcoach mileage 
consists of charter and tour buses, and about one-quarter 
consists of scheduled services (e.g. Greyhound). The remaining 
balance includes commuter motorcoach service, special 
operations, and airport shuttles.
  Over the past 10 years, motorcoach crashes have resulted in 
an average of about 16 occupant fatalities per year. However, 
in recent years a number of serious accidents resulting in 
multiple fatalities have 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:
           Donegal, PA: A bus operated by Mr. Ho Charter 
        Service was involved in a crash on the Pennsylvania 
        Turnpike, in which the co-driver was killed and 24 
        passengers and the driver were injured. On June 7, 
        2011, FMCSA safety investigators conducted a compliance 
        review on Mr. Ho Charter Service and cited the company 
        for failure to conduct random drug and alcohol tests on 
        its drivers and issued substantial civil penalty fines. 
        After the crash, FMCSA determined that the two drivers 
        involved in the fatal crash had not been pre-employment 
        controlled substances tested and had falsified their 
        records. The cause of the crash is under investigation 
        by Federal and State authorities. (June 27, 2011)
           Doswell, VA: A bus traveling from Greensboro, North 
        Carolina to New York City departed the right side of 
        the highway and rolled over, killing four passengers. 
        The bus was traveling northbound on Interstate 95. 
        Later that day, FMCSA issued an unsatisfactory safety 
        rating and placed the operator, Sky Express, out of 
        service for violating multiple Federal safety 
        regulations. In addition, FMCSA discovered that Sky 
        Express was attempting to operate under a different 
        company name in the wake of the crash. FMCSA issued a 
        cease and desist order against Sky Express as a result 
        of this discovery. (May 31, 2011)
           Cle Elum, WA: A bus traveling on Interstate 90 
        attempted to change lanes to avoid a disabled pickup 
        truck on the right shoulder, not seeing a passenger car 
        traveling in the left lane. The bus then swerved to 
        avoid hitting the car, striking the pickup truck, and 
        rolling onto its side. Two passengers were killed. A 
        local investigation of the crash is ongoing. (May 28, 
        2011)
           Littleton, NH: A tour bus crash on Interstate 93 
        injured 23 people, 5 seriously, when it slid off the 
        ice and snow-covered highway. The bus accident occurred 
        just after 8 p.m., as the bus was headed to Boston from 
        Quebec. Twenty-three of the 25 people on board the bus 
        were injured in the crash. The passengers on the bus 
        were visiting from Korea. The National Transportation 
        Safety Board (NTSB) is investigating the accident. 
        (March 21, 2011)
           East Brunswick, NJ: One passenger and the driver 
        were killed when a charter tour bus lost control and 
        crashed into a guardrail and a concrete embankment on 
        the New Jersey Turnpike and veered into a drainage 
        ditch while traveling from New York City to 
        Philadelphia via the New Jersey Turnpike. The NTSB is 
        investigating the accident. (March 14, 2011)
           New York, NY: Fifteen passengers were killed when a 
        tour bus operated by World Wide Travel of Greater New 
        York overturned and slid 480 feet before striking a 
        sign post on Interstate 95 in the Bronx. The bus was 
        carrying 31 passengers returning to New York City from 
        Mohegan Sun Casino in Uncasville, CT. The NTSB is 
        investigating the accident. The FMCSA has indicated 
        that drivers with World Wide Travel of Greater New York 
        have been cited five times for fatigued driving over 
        the past two years. A lawsuit filed by one of the crash 
        survivors has alleged that the driver fell asleep while 
        driving, an allegation the driver denies. (March 12, 
        2011)
           Bethesda, MD: The driver of a charter bus was 
        killed when the bus crashed through a barrier on I-270. 
        The bus was traveling from Washington, DC to 
        Pennsylvania. An NTSB investigation is ongoing. 
        (September 29, 2010)
           Dolan Springs, AZ: A tour bus departed the highway 
        and rolled over as it crossed the center median. The 
        bus came to rest on its side in the opposing traffic 
        lanes. The NTSB has determined that the probable cause 
        was the bus driver's inadvertent drift from the driving 
        lane due to distraction caused by his manipulation of 
        the driver's side door and subsequent abrupt steering 
        maneuver. (January 30, 2009)
           Williams, CA: Nine passengers were killed and 34 
        injured when the driver of a charter bus bound for a 
        casino lost control of the vehicle. The motorcoach 
        veered into the oncoming lane of traffic and rolled 
        completely over. The driver did not have a license 
        endorsement to transport passengers and had a history 
        of moving violations and substance abuse. (October 5, 
        2008)
           Sherman, TX: An improperly inflated tire burst, 
        causing a motorcoach carrying 55 passengers to run off 
        a bridge and roll over, killing 17. The motorcoach was 
        transporting members of a Vietnamese-American church 
        group from Houston, TX to Carthage, MO. The NTSB has 
        determined that the probable cause of the accident was 
        the failure of the right steer axle tire. The NTSB's 
        investigation also revealed that the carrier, Iguala 
        BusMex, was a ``chameleon'' or ``reincarnated'' 
        carrier. Its predecessor, Angel Tours, had been taken 
        out of service on June 23, 2008. (August 8, 2008)
           Mexican Hat, UT: A charter bus carrying passengers 
        returning to Phoenix, AZ, from a ski trip in Telluride, 
        CO, ran off the road and rolled 360 degrees, landing on 
        its wheels. Fifty of the 53 occupants were ejected 
        during the rollover, killing 9. The cause of the 
        accident was deemed to be driver fatigue. (January 6, 
        2008)
           Victoria, TX: A 47 passenger motorcoach was 
        traveling northbound about five miles south of 
        Victoria, Texas, when the motorcoach driver overturned 
        and struck a guardrail. One passenger was fatally 
        injured and 46 passengers and the driver received 
        injuries ranging from minor to serious. The NTSB 
        determined that the probable cause of this accident was 
        the driver falling asleep, which caused him to 
        partially drift off the road, resulting in oversteer 
        corrections when the driver regained awareness, and 
        subsequent vehicle loss of control and overturn. 
        (January 2, 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. 
        According to the 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 of its 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. (September 23, 
        2005)
  Jurisdiction over motorcoach safety is shared between the 
National Highway Traffic Safety Administration (NHTSA) and 
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, and 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 more than 100 open NTSB safety recommendations 
related to motorcoach safety that have been issued to Federal 
agencies, States, industry, and safety organizations. These 
include prohibiting the use of cellular phones by motorcoach 
drivers except in emergencies; requiring electronic on-board 
recorders (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. The NTSB recently revamped its ``Most Wanted'' list to 
highlight 10 safety issues and included two items related to 
motorcoaches and their drivers: bus occupant safety and human 
fatigue.
  In April 2009, 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 established 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 the 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 action plan represents progress by DOT, 
legislation is still 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. While DOT has made headway 
in implementing elements of the motorcoach safety action plan, 
the Department has fallen behind in several critical areas. 
Even though the plan was issued almost 2 years ago, NHTSA still 
has not produced a final rule requiring seat belt installation 
on new motorcoaches, which is arguably the most important 
safety initiative in the plan, and is late on other critical 
rulemakings, such as new roof crush standards and research of 
window glazing to prevent passenger ejections.

VEHICLE-RELATED SAFETY ISSUES

  According to Fatality Analysis Reporting System data 
published by DOT, approximately half of all motorcoach 
fatalities from 1999 to 2008 have occurred as the result of 
rollovers, and 74 percent of the individuals killed in rollover 
accidents were ejected from the motorcoach.\1\
---------------------------------------------------------------------------
    \1\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, 23 relate to crashworthiness 
standards. Today, only 2 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.\2\
---------------------------------------------------------------------------
    \2\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 a 
primary focus of NTSB recommendations and on the NTSB's ``Most 
Wanted'' list since 2000. As mentioned above, in the recent 
revision to the ``Most Wanted'' list it was retained as one of 
the 10 highlighted issues. Specifically, NTSB has called upon 
NHTSA to set standards for 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.
  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,''\3\ and as part of the new 
motorcoach safety action plan, NHTSA 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 fell behind schedule and was delayed until 
August 2010. NHTSA expects to publish a final rule in 2012.
---------------------------------------------------------------------------
    \3\National Highway Traffic Safety Administration, NHTSA's Approach 
to Motorcoach 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 to ``provide maximum 
survival space for all seating positions.'' NHTSA plans to 
publish a Notice of Proposed Rulemaking on this issue later 
this year.
  Advanced window glazing that holds 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 anticipates further action on this issue in late 
2011.
  NHTSA is also 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 systems on motorcoaches. In 2007, NHTSA 
mandated ESC systems on passenger cars, multipurpose passenger 
vehicles, trucks, and buses with a gross vehicle weight of 
10,000 pounds or less. NHTSA anticipates further action on this 
issue later in 2011.
  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 percent of motorcoach fires is either a 
tire or wheel hub/bearing, including the accident in Wilmer, 
Texas.
  In conjunction with the National Institute of Standards and 
Technology, NHTSA is analyzing the feasibility of requiring 
more fire resistant exterior components and methods 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 addresses 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 FMCSA 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.

CARRIER-RELATED SAFETY ISSUES

  As reported, S. 453 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 
FYs 2007 and 2008, and identified 20 motorcoach companies that 
likely reincarnated from out-of-service carriers.\4\ These 
companies represented about 9 percent of the approximately 220 
motorcoach carriers FMCSA placed out of service during the 2 
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 clarify 
FMCSA's authority to revoke the operating authority of 
reincarnated carriers already in operation, and to make 
motorcoach companies responsible for reporting prior 
relationships with other companies.
---------------------------------------------------------------------------
    \4\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). In 2010, FMCSA launched a new safety 
fitness program called Compliance Safety Accountability (CSA). 
The agency's new program rates carriers on seven Behavior 
Analysis and Safety Improvement Categories (BASICs), including 
unsafe and fatigued driving, driver fitness, vehicle 
maintenance, cargo-related, and crash involvement, based on 
safety data obtained in roadside inspections and CRs. All 
carriers will receive safety ratings, and their ratings will be 
updated more frequently.
  In discussions with FMCSA about S. 453, 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

  Since 1998, the NTSB has determined the probable cause on 17 
fatal motorcoach accidents involving 140 fatalities. Seven of 
those accidents, which resulted in 46 fatalities, were caused 
by the motorcoach driver's fatigue.
  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 8 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 percent 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. FMCSA is 
currently completing a rulemaking to require EOBRs on all CMVs, 
including motorcoaches, and anticipates completing it later 
this year.
  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 Commercial Driver's 
License (CDL) program and directed FMCSA's predecessor agency, 
the Federal Highway Administration (FHWA), to develop minimum 
Federal standards the States must meet when testing and 
licensing CMV drivers. In 1991, the Intermodal Surface 
Transportation Efficiency Act (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 U.S. 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.''\5\ The final rule was remanded to 
the agency for reconsideration. On December 26, 2007, FMCSA 
issued a new proposed rule, which remains pending.
---------------------------------------------------------------------------
    \5\Advocates for Highway and Auto Safety v. Federal Motor Carrier 
Safety Administration, 429 F. 3d 1136 (2005).
---------------------------------------------------------------------------
  All drivers of CMVs in interstate commerce that have a gross 
vehicle weight of at least 10,001 pounds must be medically 
certified every 2 years as physically qualified to operate the 
vehicle. In 2005, the 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. 
In September 2010, FMCSA issued a final rule to prohibit CMV 
drivers, including motorcoach drivers, from texting while 
driving. It also issued a proposed rule to limit the hand-held 
use of mobile phones and driver disqualification sanctions for 
interstate CMV drivers and CDL holders who violate Federal or 
State distracted driving laws. In December 2010, the Commerce 
Committee reported broad distracted driving legislation, which 
included a requirement that FMCSA issue rules with respect to 
CMV drivers, including motorcoach drivers.

                         Summary of Provisions

  S. 453, as reported, would give occupant protection in 
rollover accidents the highest priority, and direct NHTSA to 
issue regulations within 1 year of enactment requiring the 
installation of safety belts in all motorcoach seats and the 
installation of improved firefighting equipment. 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 NHTSA must issue regulations on improved roof strength 
and crush resistance standards and the installation of advanced 
window glazing to prevent passenger ejection.
  In addition, to address a major source of roadside, or run-
off-the-road, accidents, the bill would require the issuance of 
regulations within 2 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 bill would also require 
systems to avoid rollover crashes. The requirements would apply 
to all new motorcoaches manufactured more than 2 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.
  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 3 years 
following enactment. Finally, the bill would direct NHTSA to 
conduct research on occupant protection and collision avoidance 
and, within 2 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 
U.S.C. 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 3 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 9 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. 453 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 3 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 3 
years of enactment. The amendment would support the CSA 
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 3 years. S. 453 
also would expand FMCSA's safety jurisdiction to include 
certain bus rental and leasing operations, and brokers for 
motor carriers of passengers.
  S. 453, 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 1 year after enactment. NHTSA 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. 453 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 6 months after enactment. The bill would also require a 
report to the Senate Committee on Commerce, Science, and 
Transportation and the House Transportation and Infrastructure 
Committee detailing a plan to extend CDL licensing requirements 
to operators of 9-15 passenger vans. This report will allow the 
Committees to evaluate further legislative action on this 
issue, and is not a requirement for FMCSA to implement any new 
licensing requirement for 9-15 passenger vans.
  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 1 year of the date of enactment.

                          Legislative History

  S. 453 was introduced by Senator Sherrod Brown and Ranking 
Member Hutchison on March 2, 2011, and was referred to the 
Senate Committee on Commerce, Science, and Transportation. 
Following introduction, Senators Blumenthal, Gillibrand, 
Lautenberg, Rockefeller and Schumer cosponsored the 
legislation. 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 March 
30, 2011. On May 5, 2011, the Committee met in open Executive 
Session and, by voice vote, ordered S. 453 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:
S. 453--Motorcoach Enhanced Safety Act of 2011
    Summary: S. 453 would require two agencies within the 
Department of Transportation (DOT) to establish new safety 
standards and regulations for most interstate busses, complete 
research on bus safety, and create a new training curriculum 
for operators of interstate busses. Based on information from 
DOT, CBO estimates that implementing the bill would cost $34 
million over the 2012-2016 period, assuming appropriation of 
the necessary amounts.
    Pay-as-you-go procedures apply to this legislation because 
it would affect revenues. S. 453 would require DOT to conduct 
safety audits for certain new bus companies for a charge of up 
to $1,200 per audit. Such regulatory fees are recorded in the 
budget as revenues. CBO estimates that this provision would 
raise revenues by $10 million over the 2011-2021 period. 
Enacting the bill would not affect direct spending.
    S. 453 would impose intergovernmental and private-sector 
mandates, as defined in the Unfunded Mandates Reform Act 
(UMRA), on manufacturers of motorcoaches, motorcoach owners, 
state transportation agencies, and medical examiners. Because 
of uncertainty about the number of entities affected and the 
scope of future regulations, CBO cannot determine whether the 
aggregate cost of the mandates in the bill would exceed the 
annual thresholds established in UMRA for intergovernmental or 
private-sector mandates ($71 million and $142 million in 2011, 
respectively, adjusted annually for inflation).
    CBO has not reviewed part of section 6(a)(2) 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 that some 
of the provisions in that section 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. 453 is shown in the following table. The 
costs of this legislation fall within budget function 400 
(transportation).

----------------------------------------------------------------------------------------------------------------
                                                                 By fiscal year, in millions of dollars--
                                                         -------------------------------------------------------
                                                            2012     2013     2014     2015     2016   2012-2016
----------------------------------------------------------------------------------------------------------------
                                 CHANGES IN SPENDING SUBJECT TO APPROPRIATION\a\
Estimated Authorization Level...........................        8        8        7        7        7        37
Estimated Outlays.......................................        5        8        7        7        7       34
----------------------------------------------------------------------------------------------------------------
\a\In addition, enacting S. 453 would increase revenues by $10 million over the 2012-2021 period.

    Basis of estimate: For this estimate, CBO assumes that S. 
453 will be enacted by the end of fiscal year 2011 and that the 
amounts estimated to be necessary will be appropriated each 
year. Estimates of spending are based on historical spending 
patterns for motor safety programs.
Spending subject to appropriation
    S. 453 would require the Federal Motor Carrier Safety 
Administration (FMCSA) and the National Highway Traffic Safety 
Administration (NHTSA) within DOT to establish new safety 
standards and regulations for most interstate busses, complete 
research on bus safety, and create a new training curriculum 
for operators of interstate busses.
    FMCSA would be required to: conduct 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 expedite current 
research and regulatory proceedings concerning the safety and 
structural features of motor coaches as well as conduct 
research into new areas, including fire safety on motor 
coaches. Based on information from FMCSA and NHTSA, CBO 
estimates that implementing those provisions would cost $34 
million over the 2021-2016 period, assuming appropriation of 
the necessary amounts.
Revenues
    S. 453 would allow FMCSA to charge certain new bus carriers 
a fee of $1,200 for safety audits that must be completed before 
the company would be allowed to operate bus services. Under 
provisions of the bill, those amounts would be deposited in the 
Highway Trust Fund. Based on information from the agency, about 
1,000 carriers apply annually for operating permits. CBO 
estimates that enacting the provision would raise revenues by 
$1 million annually and $10 million over the 2012-2021 period.
    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. 453 AS ORDERED REPORTED BY THE SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION ON MAY 5, 2011
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                              By fiscal year, in millions of dollars--
                                           -------------------------------------------------------------------------------------------------------------
                                             2011    2012    2013    2014    2015    2016    2017    2018    2019    2020    2021   2011-2016  2011-2021
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                       NET INCREASE OR DECREASE (-) IN THE DEFICIT

Statutory Pay-As-You-Go Impact............       0      -1      -1      -1      -1      -1      -1      -1      -1      -1      -1        -5        -10
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Intergovernmental and private-sector impact: S. 453 would 
impose intergovernmental and private-sector mandates, as 
defined in UMRA, on manufacturers of motorcoaches, motorcoach 
owners, state transportation agencies, and medical examiners. 
Because of uncertainty about the number of entities affected 
and the scope of future regulations, CBO cannot determine 
whether the aggregate cost of the mandates in the bill would 
exceed the annual thresholds established in UMRA for 
intergovernmental or private-sector mandates ($71 million and 
$142 million in 2011, respectively, adjusted annually for 
inflation).

Mandates that apply to public and private entities

    Safety Standards. The bill would direct NHTSA to establish 
standards for motorcoach safety, including standards for 
technologies that help to avoid rollovers, enhance window 
strength, and improve roof resistance. The regulations would 
apply to all motorcoaches manufactured at least two years after 
each standard is made final. NHTSA also could require existing 
motorcoaches to comply with any of the safety standards 
established under the bill. According to FMCSA and industry 
sources, about 35,000 privately owned motorcoaches are 
currently in operation, and approximately 500 to 2,000 new 
motorcoaches are sold each year to private entities. However, 
about twice as many publicly owned buses are in operation. 
(Some of those buses provide motorcoach services as defined in 
the bill.)
    Private entities would face additional manufacturing costs 
to meet the standards for new motor coaches. In addition, both 
private and public entities would face costs to retrofit 
existing motorcoaches if required by NHSTA. The cost of 
complying with the standards could be significant, depending on 
the number of buses affected and the scope of future 
regulations--particularly the degree to which retrofitting is 
required. Information from NHTSA and industry sources indicates 
that the incremental cost for new motorcoaches would be at 
least several thousand dollars per motorcoach, and the cost to 
retrofit existing motorcoaches could total tens of thousands of 
dollars per motorcoach, depending on the scope of NHSTA 
requirements. Because of uncertainty about the scope of future 
regulations, CBO cannot estimate the total costs of the 
mandates to public or private entities.
    Training Requirements. The bill would establish new 
requirements for entities that train entry-level drivers of 
motorcoaches. Based on information from FMCSA and industry 
sources about existing training programs and the cost of 
incremental changes, CBO estimates that the cost of the mandate 
to public and private entities would be small, relative to both 
annual thresholds.

Mandates that apply to public entities only

    Commercial Motor Vehicle Inspections. S. 453 would direct 
the Secretary of Transportation to consider requiring states to 
conduct annual inspections of commercial motor vehicles used to 
transport passengers. If the Secretary required states to 
conduct such inspections, that requirement would be a mandate 
as defined in UMRA.
    Almost half of the 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 prohibit state 
agencies that issue commercial driver's licenses (CDLs) from 
issuing a passenger endorsement to a driver unless the agency 
verifies that the driver has completed a training course 
required by the bill. 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.
    Preemption. The bill would preempt state and local laws and 
regulations relating to training requirements for motorcoach 
drivers. While the preemption would limit the application of 
state and local laws and regulations, CBO estimates that it 
would not impose significant costs.

Mandates that apply to private entities only

    FMCSA Registration. S. 453 would require owners of 
companies that rent or lease motorcoaches as well as brokers of 
motorcoach services to register with FMCSA. The cost of the 
mandate would be the amount of money spent to meet 
qualification requirements 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 $12 million per year.
    Auditing Requirements. The bill would require carriers that 
apply to operate motorcoach services to undergo safety audits. 
The bill would authorize FMCSA to charge a fee of up to $1,200 
to cover the costs of performing the audit. Based on 
information from FMCSA on the cost of such a program, CBO 
estimates that motorcoach operators would pay about $1 million 
per year in fees to comply with this mandate.
    Other Mandates. CBO estimates that the costs of several 
other private-sector mandates imposed by the bill would be 
minimal. Such mandates would:
           Increase the frequency with which motorcoach 
        carriers have to submit to periodic safety reviews 
        conducted by FMCSA;
           Require motorcoach carriers to submit to 
        annual state inspections, depending on the outcome of a 
        rulemaking procedure;
           Require medical examiners, who certify the 
        medical fitness of applicants to be commercial drivers, 
        to file paperwork with state licensing agencies; and
           Require applicants seeking authority to 
        operate a new motorcoach service to disclose any 
        ownership, management, or familial relations with other 
        motorcoach operators during the previous three years.

Provisions excluded under UMRA

    CBO has not reviewed part of section 6(a)(2) 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 that some 
of the provisions in that section fall within that exclusion 
because they involve compliance with the Americans with 
Disabilities Act of 1990.
    Estimate prepared by: Federal spending: Sarah Puro; Federal 
revenues: Kalyani Parthasarathy; 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 consisted of approximately 3,900 
companies in 2010 and, over 127,000 employees in 2009, 62,000 
full-time and 56,000 part-time. The bill's driver license 
testing provision would apply to all truck and bus CDL holders, 
a population estimated at 4.5 million.

                            ECONOMIC IMPACT

  S. 453 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. 453 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. 453 would impose new requirements on ``new entrant'' 
motorcoach companies. Section 6 of the bill would require that 
each new entrant successfully pass a PASA 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 
provisions 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 title the Act as the ``Motorcoach Enhanced 
Safety Act of 2011'' and provides a table of contents.

Section 2. Definitions.

  This section would define the following terms for purposes of 
the legislation: Advanced Glazing, Bus, Commercial Motor 
Vehicle, Direct Tire Pressure Monitoring System, Electronic On-
Board Recorder, Event Data Recorder, Motor Carrier, Motorcoach, 
Motorcoach Services, Multifunction School Activity Buses, 
Portal, Provider of Motorcoach Services, Safety Belt, Secretary 
(Secretary of Transportation), and Transit Service.

Section 3. Regulations for Improved Occupant Protection and Collision 
        Avoidance.

  This section would require that the Secretary, within 1 year 
of enactment, prescribe regulations requiring the following:
           The installation of safety belts in motorcoaches at 
        each designated seating position.
           The installation of improved fire extinguishers or 
        other readily available firefighting equipment in 
        motorcoaches.
  Within 18 months, the Secretary would be required to 
prescribe regulations requiring the following:
           Improved roof standards for motorcoaches that 
        increase the resistance of motorcoach roofs to 
        deformation and intrusion.
           Advanced glazing to be installed in each motorcoach 
        portal to prevent ejection of passengers.
  The section would also require that the Secretary, within 2 
years of enactment, prescribe regulations requiring 
motorcoaches to be equipped with direct tire pressure 
monitoring systems meeting performance requirements established 
by the Secretary. The Secretary would also be directed to 
upgrade performance standards for tires used on motorcoaches, 
including an enhanced endurance test and a new high-speed 
performance test. In addition, the Secretary would be required 
to prescribe regulations requiring that motorcoaches be 
equipped with ESC systems to reduce the number and frequency of 
rollover crashes among motorcoaches.
  Regulations prescribed under this section would apply to all 
motorcoaches manufactured more than 2 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 applying a regulation to 
them.

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, 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 energy evacuation designs and 
        emergency interior lighting systems.
           An evaluation of requirements for motorcoaches to 
        be equipped with automatic fire suppression systems.
  Within 3 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 2 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.
           Forward and lateral crash warning systems 
        applications for motorcoaches.
  Within 2 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 49 U.S.C. 13902(b) by stating that 
the Secretary may only register a motorcoach operator after 
that person undergoes a PASA that includes verification of: a 
drug and alcohol program consistent with the provisions of part 
40 of title 49, Code of Federal Regulations; 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 commercial driver's license; 
disclosure of common ownership or other relationship with 
another motor carrier or applicant over the past 3 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 PASA would be required to be completed on-site no 
later than 90 days following the submission of an application 
for operating authority.
  The applicant would also 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.
  This section would authorize the Secretary to establish a 
$1,200 fee for new entrants to cover the costs of conducting a 
preauthorization safety audit.
  The amendments made by this section would take effect 1 year 
from 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 contains a provision that would prevent 
``reincarnated carriers'' from avoiding compliance or from 
concealing non-compliance when applying for operating 
authority. Failure to disclose this information would be 
classified as a ``material fact'' as specified by this section.

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

  This section would require that the Secretary, within 3 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 reassess each such rating no less frequently than 
every 3 years.
  The section would require the Secretary, within 1 year of 
enactment, to revise the safety fitness audit system of DOT to 
prevent motor carriers from operating if they put vehicles with 
mechanical problems on the road or unqualified drivers behind 
the wheels, as recommended by NTSB recommendation H-99-6.

Section 9. Motorcoach Driver Training.

  Within 6 months, the Secretary would be required to establish 
minimum curricular requirements to be adopted by public and 
private schools and motorcoach operators and carriers that 
provide training for drivers. 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. Each trainer of a driver seeking a passenger 
endorsement would be required to submit information on any 
driver that has successfully completed the training program to 
the appropriate State licensing authority. The State licensing 
authority would not be permitted to administer the skills until 
it verifies that the driver has successfully completed the 
training course.
  Within 2 years of enactment, the Secretary would be required 
to submit a report to the Senate Committee on Commerce, 
Science, and Transportation and the House Transportation and 
Infrastructure Committee on the feasibility of establishing a 
certification system for driving schools in accordance with the 
curricular requirements established by the Secretary under this 
section.
  This section contains language that would clarify that the 
minimum curricular requirements required by this section do not 
preempt any State or local law imposing additional or more 
stringent requirements, unless the Secretary determines that 
(1) the law or regulation is incompatible with the regulation 
prescribed by the Secretary, or (2) enforcement of the State 
law or the local law or regulation would impose an unreasonable 
burden on interstate commerce.

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

  Within 6 months of enactment, the Secretary would be required 
to complete an ongoing rulemaking and issue a final rule that 
would improve the quality and stringency of the examination for 
the commercial driver's license passenger-carrying endorsement. 
The Secretary would be required to consult with the American 
Association of Motor Vehicle Administrators in completing this 
rulemaking.
  Within 18 months of enactment, the Secretary would be 
required to submit a plan to the Senate Committee on Commerce, 
Science, and Transportation and the House Transportation and 
Infrastructure Committee for requiring that a driver have a 
commercial driver's license passenger-carrying endorsement in 
order to operate a CMV and transport not less than 9 and not 
more than 15 passengers (including a driver) in interstate 
commerce.

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

  Within 6 months of enactment, the Secretary would be required 
to establish a national registry of medical examiners as 
required 49 U.S.C. 31149(a)(1). In addition, this section would 
require DOT's Medical Review Board to provide FMCSA with 
criteria for evaluating medical examiners for the national 
registry of medical examiners.
  Within 18 months, the Secretary would require by regulation 
that each medical examiner performing a medical examination to 
certify an applicant for a commercial driver's license 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.
  The section would also require that the Secretary annually 
review the licensing authorities of at least 10 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 1 year of 
enactment, to prescribe regulations requiring that all 
motorcoaches used by a motor carrier in interstate commerce be 
equipped with EOBRs. These EOBRs would be required to 
accurately record commercial driver hours of service and allow 
tracking of driver and vehicle location. These regulations 
would be effective 2 years after the date on which the 
regulation is published as a final rule.
  The section would require the Secretary, within 1 year of 
enactment, to complete an evaluation of event data recorders. 
Within 2 years of enactment, 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 3 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 1 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 such devices would be permitted if the Secretary 
determines that such use is necessary for safety reasons.

Section 15. Motorcoach Rental or Leasing Companies.

  This section would amend 49 U.S.C. 31132 to clarify that the 
term ``employer'' in that section includes companies that rent 
or lease motorcoaches of more than 15 passengers. The purpose 
of this amendment is to clarify that rental or leasing 
companies must follow the same safety requirements as 
motorcoach operators.

Section 16. Registration of Brokers for Motor Carriers of Passengers.

  This section would require that all brokers of transportation 
of passengers be registered with the Secretary, in the same way 
that brokers of freight transportation are currently required 
to register.

Section 17. Regulations.

  This section states 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):

  SAFE, ACCOUNTABLE, FLEXIBLE, EFFICIENT TRANSPORTATION EQUITY ACT: A 
                     LEGACY FOR USERS (SAFETEA-LU)

SEC. 4138. HIGH RISK CARRIER COMPLIANCE REVIEWS.

                         [49 U.S.C. 31144 note]

  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.

           *       *       *       *       *       *       *


                        TITLE 49. TRANSPORTATION

                 SUBTITLE IV. INTERSTATE TRANSPORTATION

PART B. MOTOR CARRIERS, WATER CARRIERS, BROKERS, AND FREIGHT FORWARDERS

                       CHAPTER 135. JURISDICTION

               SUBCHAPTER I. MOTOR CARRIER TRANSPORTATION

Sec. 13506. Miscellaneous motor carrier transportation exemptions

  (a) In General.--Neither the Secretary nor the Board has 
jurisdiction under this part over--
          (1) a motor vehicle transporting only school children 
        and teachers to or from school;
          (2) a motor vehicle providing taxicab service;
          (3) a motor vehicle owned or operated by or for a 
        hotel and only transporting hotel patrons between the 
        hotel and the local station of a carrier;
          (4) a motor vehicle controlled and operated by a 
        farmer and transporting--
                  (A) the farmer's agricultural or 
                horticultural commodities and products; or
                  (B) supplies to the farm of the farmer;
          (5) a motor vehicle controlled and operated by a 
        cooperative association (as defined by section 15(a) of 
        the Agricultural Marketing Act (12 U.S.C. 1141j(a))) or 
        by a federation of cooperative associations if the 
        federation has no greater power or purposes than a 
        cooperative association, except that if the cooperative 
        association or federation provides transportation for 
        compensation between a place in a State and a place in 
        another State, or between a place in a State and 
        another place in the same State through another State--
                  (A) for a nonmember that is not a farmer, 
                cooperative association, federation, or the 
                United States Government, the transportation 
                (except for transportation otherwise exempt 
                under this subchapter)--
                          (i) shall be limited to 
                        transportation incidental to the 
                        primary transportation operation of the 
                        cooperative association or federation 
                        and necessary for its effective 
                        performance; and
                          (ii) may not exceed in each fiscal 
                        year 25 percent of the total 
                        transportation of the cooperative 
                        association or federation between those 
                        places, measured by tonnage; and
                  (B) the transportation for all nonmembers may 
                not exceed in each fiscal year, measured by 
                tonnage, the total transportation between those 
                places for the cooperative association or 
                federation and its members during that fiscal 
                year;
          (6) transportation by motor vehicle of--
                  (A) ordinary livestock;
                  (B) agricultural or horticultural commodities 
                (other than manufactured products thereof);
                  (C) commodities listed as exempt in the 
                Commodity List incorporated in ruling numbered 
                107, March 19, 1958, Bureau of Motor Carriers, 
                Interstate Commerce Commission, other than 
                frozen fruits, frozen berries, frozen 
                vegetables, cocoa beans, coffee beans, tea, 
                bananas, or hemp, or wool imported from a 
                foreign country, wool tops and noils, or wool 
                waste (carded, spun, woven, or knitted);
                  (D) cooked or uncooked fish, whether breaded 
                or not, or frozen or fresh shellfish, or 
                byproducts thereof not intended for human 
                consumption, other than fish or shellfish that 
                have been treated for preserving, such as 
                canned, smoked, pickled, spiced, corned, or 
                kippered products; and
                  (E) livestock and poultry feed and 
                agricultural seeds and plants, if such products 
                (excluding products otherwise exempt under this 
                paragraph) are transported to a site of 
                agricultural production or to a business 
                enterprise engaged in the sale to agricultural 
                producers of goods used in agricultural 
                production;
          (7) a motor vehicle used only to distribute 
        newspapers;
          (8) (A) transportation of passengers by motor vehicle 
        incidental to transportation by aircraft;
                  (B) transportation of property (including 
                baggage) by motor vehicle as part of a 
                continuous movement which, prior or subsequent 
                to such part of the continuous movement, has 
                been or will be transported by an air carrier 
                or (to the extent so agreed by the United 
                States and approved by the Secretary) by a 
                foreign air carrier; or
                  (C) transportation of property by motor 
                vehicle in lieu of transportation by aircraft 
                because of adverse weather conditions or 
                mechanical failure of the aircraft or other 
                causes due to circumstances beyond the control 
                of the carrier or shipper;
          (9) the operation of a motor vehicle in a national 
        park or national monument;
          (10) a motor vehicle carrying not more than 15 
        individuals in a single, daily roundtrip to commute to 
        and from work;
          (11) transportation of used pallets and used empty 
        shipping containers (including intermodal cargo 
        containers), and other used shipping devices (other 
        than containers or devices used in the transportation 
        of motor vehicles or parts of motor vehicles);
          (12) transportation of natural, crushed, vesicular 
        rock to be used for decorative purposes;
          (13) transportation of wood chips; or
          [(14) brokers for motor carriers of passengers, 
        except as provided in section 13904(d); or]
          [(15)] (14) transportation of broken, crushed, or 
        powdered glass.

           *       *       *       *       *       *       *


                       CHAPTER 139. REGISTRATION

Sec. 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 under subsection (a)(1), the 
        Secretary may not register a person to provide 
        motorcoach services until after such person--
                  (A) undergoes a preauthorization 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 under 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 during 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) through the successful completion of a 
                written examination developed by the Secretary, 
                has demonstrated proficiency to comply with and 
                carry out the requirements and regulations 
                described in subsection (a)(1).
          (2) Pre-authorization safety audit.--The pre-
        authorization safety audit required under paragraph 
        (1)(A) shall be completed on-site not later than 90 
        days following the submission of an application for 
        operating authority.
          (3) Fee.--The Secretary may establish, under section 
        9701 of title 31, a fee of not more than $1,200 for new 
        registrants that as nearly as possible covers the costs 
        of performing a preauthorization safety audit. Amounts 
        collected under this subsection shall be deposited in 
        the Highway Trust Fund (other than the Mass Transit 
        Account).
          (4) Disclosure of prior relationships.--In addition 
        to meeting the requirements under subsection (a)(1), 
        the Secretary shall require applicants for authority to 
        transport passengers to disclose any relationship 
        involving common ownership, common management, or 
        common familial relationship between that person and 
        any other motor carrier if the relationship occurred 
        during the 3-year period preceding the date of the 
        filing of the application for registration.
          [(1)] (5) 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)] (6) 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)] (7)  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)] (8) 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)] (9) 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)] (10) 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)] (11) 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)] (12) 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.

Sec. 13904. Registration of brokers

  (a) In General.--The Secretary shall register, subject to 
section 13906(b), a person to be a broker for transportation of 
property or passengers subject to jurisdiction under subchapter 
I of chapter 135, if the Secretary finds that the person is 
fit, willing, and able to be a broker for transportation and to 
comply with this part and applicable regulations of the 
Secretary.
  (b) Registration as Carrier Required.--
          (1) In general.--The broker may provide the 
        transportation itself only if the broker also has been 
        registered to provide the transportation as a motor 
        carrier under this chapter.
          (2) Limitation.--This subsection does not apply to a 
        motor carrier registered under this chapter or to an 
        employee or agent of the motor carrier to the extent 
        the transportation is to be provided entirely by the 
        motor carrier, with other registered motor carriers, or 
        with rail or water carriers.
  (c) Regulations to Protect Shippers.--Regulations of the 
Secretary applicable to brokers registered under this section 
shall provide for the protection of shippers by motor vehicle.
  (d) Bond and Insurance.--The Secretary may impose on brokers 
for motor carriers of passengers such requirements for bonds or 
insurance or both as the Secretary determines are needed to 
protect passengers and carriers dealing with such brokers.

Sec. 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] 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 (B) 
                suspend] registration;
                  (B) suspend, amend, or revoke any part of the 
                registration of a motor carrier, broker, or 
                freight [forwarder: (i) for failure to pay] 
                forwarder for failure--
                          (i) to pay a civil penalty imposed 
                        under chapter 5, 51, 149, or 311 of 
                        this [title; or (ii) for failure to 
                        arrange] title; or
                          (ii) 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 [enacted Dec. 
        9, 1999], 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).]
          (2) Not later than 12 months after the date of the 
        enactment of the Motorcoach Enhanced Safety Act of 
        2011, the Secretary, after notice and opportunity for 
        comment, shall issue regulations that--
                  (A) provide for the denial, suspension, 
                amendment, or revocation of a registration 
                pursuant to paragraph (1)(C); and
                  (B) exempt the application of paragraph 
                (1)(B) 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.
  (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 determines that the registrant has 
        failed to disclose a material fact in its application 
        for registration in accordance with subsection 
        (d)(1)(C); or
          [(1) the Secretary] (2)(A) the Secretary has issued 
        an order to the registrant under section 14701 
        requiring compliance with this part, a regulation of 
        the Secretary, or a condition of the registration; and
          [(2)] (B) 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

                           PART B. COMMERCIAL

              CHAPTER 311. COMMERCIAL MOTOR VEHICLE SAFETY

                             SUBCHAPTER I.

Sec. 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[.]; and
                  (Y) requires State licensing authorities to 
                compare the forms they receive pursuant to 
                section 11(c) of the Motorcoach Enhanced Safety 
                Act of 2011 with the medical examiner's 
                certificate required under 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.

           *       *       *       *       *       *       *


              CHAPTER 311. COMMERCIAL MOTOR VEHICLE SAFETY

                   SUBCHAPTER III. SAFETY REGULATION

Sec. 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, arranges for a driver of the 
                        rented or leased passenger-carrying 
                        motor vehicle, or holds itself out to 
                        the public as a provider of 
                        transportation services; and
                  (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.

           *       *       *       *       *       *       *


Sec. 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.--
          (1) Prohibited actions.--Two or more employers shall 
        not use common ownership, common management, common 
        control, or common familial relationship to enable any 
        or all such employers to avoid compliance, or mask or 
        otherwise conceal noncompliance, or a history of 
        noncompliance, with commercial motor vehicle safety 
        regulations issued under this subchapter, chapter 315, 
        or an order of the Secretary issued under this 
        subchapter, chapter 315, or such regulations.
          (2) Effect of violation.--If the Secretary determines 
        that an employer has engaged in any action prohibited 
        under paragraph (1), the Secretary shall--
                  (A) deny, suspend, amend, or revoke all or 
                part of such employer's registration under 
                section 13905; and
                  (B) take into account such noncompliance for 
                purposes of determining the amount of the civil 
                to which the employer is liable 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.

           *       *       *       *       *       *       *


Sec. 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 transporting 
        property 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.
          (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.--
                  (A) In general.--The Secretary shall--
                          (i) determine the safety fitness of 
                        all providers of motorcoach services 
                        registered with the Federal Motor 
                        Carrier Safety Administration; and
                          (ii) assign a safety fitness rating 
                        to each such provider.
                  (B) Applicability.--Subparagraph (A) shall 
                apply--
                          (i) to any provider of motorcoach 
                        services registered with the 
                        Administration after the date of the 
                        enactment of the Motorcoach Enhanced 
                        Safety Act of 2011 beginning not later 
                        than 2 years after the date of such 
                        registration; and
                          (ii) to any provider of motorcoach 
                        services registered with the 
                        Administration on or before the date of 
                        enactment of that Act beginning not 
                        later than 3 years after the date of 
                        the enactment of such Act.
          (2) Periodic review.--The Secretary shall establish, 
        by regulation, a process 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.
          (4) Periodic update of safety fitness rating.--In 
        conducting the safety reviews required under this 
        subsection, the Secretary shall reassess the safety 
        fitness rating of each provider not less frequently 
        than once every 3 years.
          (5) Motorcoach services defined.--In this subsection, 
        the term ``provider of motorcoach services'' has the 
        meaning given such term in section 2 of the Motorcoach 
        Enhanced Safety Act of 2011.

           *       *       *       *       *       *       *


Sec. 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 medical standards] 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]
                  (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[.]; 
                and
                  (G) annually 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.

           *       *       *       *       *       *       *


Sec. 31152. Regulation of the use of distracting devices in 
                    motorcoaches

  (a) In General.--Not later than 1 year after the date of the 
enactment of the Motorcoach Enhanced Safety Act of 2011, the 
Secretary of Transportation shall prescribe regulations on the 
use of electronic or wireless devices, including cell phones 
and other distracting devices, by an individual employed as the 
operator of a motorcoach (as defined in section 2(8) of such 
Act).
  (b) Basis for Regulations.--The Secretary shall base the 
regulations prescribed under subsection (a) on accident data 
analysis, the results of ongoing research, and other 
information, as appropriate.
  (c) Prohibited Use.--Except as provided under subsection (d), 
the Secretary shall prohibit the use of the devices described 
in subsection (a) in circumstances in which the Secretary 
determines that their use interferes with the driver's safe 
operation of a motorcoach.
  (d) Permitted Use.--The Secretary may permit the use of a 
device that is otherwise 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.

                                  
