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S 453 ISRSCommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

S. 453CommentsClose CommentsPermalink

To improve the safety of motorcoaches, and for other purposes.CommentsClose CommentsPermalink

IN THE SENATE OF THE UNITED STATESCommentsClose CommentsPermalink

March 2, 2011CommentsClose CommentsPermalink

Mr. BROWN of Ohio (for himself and, Mrs. HUTCHISON, Mr. SCHUMER, Mrs. GILLIBRAND, Mr. LAUTENBERG, Mr. BLUMENTHAL, Mr. ROCKEFELLER, and Mr. WEBB) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and TransportationCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

To improve the safety of motorcoaches, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title- This Act may be cited as the ‘Motorcoach Enhanced Safety Act of 2011’. CommentsClose CommentsPermalink





(b) Table of Contents- The table of contents for this Act is as follows: CommentsClose CommentsPermalink





Sec. 1. Short title; table of contents. CommentsClose CommentsPermalink





Sec. 2. Definitions. CommentsClose CommentsPermalink





Sec. 3. Regulations for improved occupant protection and motorcoach crashcollision avoidance. CommentsClose CommentsPermalink





Sec. 4. Standards for improved fire safety. CommentsClose CommentsPermalink





Sec. 5. Occupant protection and collision avoidance research. CommentsClose CommentsPermalink





Sec. 6. New entrants. CommentsClose CommentsPermalink





Sec. 7. Reincarnated motor carriers. CommentsClose CommentsPermalink





Sec. 8. Improved oversight of providers of motorcoach services and of other motorcoach carriers of passengmotorcoach service providers. CommentsClose CommentsPermalink





Sec. 9. Motorcoach driver training. CommentsClose CommentsPermalink





Sec. 10. Improved testing for the commercial driver’s license passenger endorsement. CommentsClose CommentsPermalink





Sec. 11. Improved physical fitness oversight and commercial driver medical certificates. CommentsClose CommentsPermalink





Sec. 12. Safety and enforcement technology for motorcoaches. CommentsClose CommentsPermalink





Sec. 13. Safety inspection program for commercial motor vehicles of passengers. CommentsClose CommentsPermalink





Sec. 14. Distracted driving. CommentsClose CommentsPermalink





Sec. 15. Motorcoach rental or leasing companies. CommentsClose CommentsPermalink





Sec. 16. Registration of brokers for motor carriers of passengers. CommentsClose CommentsPermalink





Sec. 17. Regulations. CommentsClose CommentsPermalink

SEC. 2. DEFINITIONS.

In this Act: CommentsClose CommentsPermalink





(1) ADVANCED GLAZING- The term ‘advanced glazing’ means glazing installed in a portal on the side or the roof of a motorcoach that is designed to be highly resistant to partial or complete occupant ejection in all types of motor vehicle crashes. CommentsClose CommentsPermalink





(2) BUS- The term ‘bus’ has the meaning given such term in section 571.3(b) of title 49, Code of Federal Regulations (as in effect on the day before the date of the enactment of this Act). CommentsClose CommentsPermalink





(3) COMMERCIAL MOTOR VEHICLE- Except as otherwise specified, the term ‘commercial motor vehicle’ has the meaning given such term insection 31132(1) of title 49, United States Code. CommentsClose CommentsPermalink





(4) DIRECT TIRE PRESSURE MONITORING SYSTEM- The term ‘direct tire pressure monitoring system’ means a tire pressure monitoring system (as defined in section 571.138 of title 49, Code of Federal Regulations), that is capable of directly detecting when the air pressure level in any tire is significantly under-inflated and immediately providing the driver a low tire pressure warning as to which specific tire is significantly under-inflated. CommentsClose CommentsPermalink





(5) ELECTRONIC ON-BOARD RECORDER- The term ‘electronic on-board recorder’ means an electronic device that acquires and stores data showing the record of duty status of the vehicle operator and performs the functions required of an automatic on-board recording device in section 395.15(b) of title 49, Code of Federal Regulations. CommentsClose CommentsPermalink





(6) EVENT DATA RECORDER- The term ‘event data recorder’ has the meaning given that term in section 563.5 of title 49, Code of Federal Regulations. CommentsClose CommentsPermalink





(7) MOTOR CARRIER- The term ‘motor carrier’ means-- CommentsClose CommentsPermalink





(A) a motor carrier (as defined insection 13102(14) of title 49, United States Code); or CommentsClose CommentsPermalink





(B) a motor private carrier (as defined in section 13102(15) of such title). CommentsClose CommentsPermalink





(8) MOTORCOACH- The term ‘motorcoach’ has the meaning given the term ‘over-the-road bus’ in section 3038(a)(3) of the Transportation Equity Act for the 21st Century (Public Law 105-178; 49 U.S.C. 5310 note), butmeans-- CommentsClose CommentsPermalink





(A) a bus with-- CommentsClose CommentsPermalink





(i) a gross vehicle weight rating of 26,000 pounds or greater; CommentsClose CommentsPermalink





(ii) 16 or more designated seating positions (including the driver); and CommentsClose CommentsPermalink





(iii) at least 2 rows of passenger seats rearward of the driver’s seating position that are forward-facing or can be converted to forward-facing without the use of tools; and CommentsClose CommentsPermalink





(B) does not include-- CommentsClose CommentsPermalink





(A) busei) a bus used in public transportationtransit service provided by a State or local government; or CommentsClose CommentsPermalink





(B)ii) a school buses, including, including a multifunction school activity buses. CommentsClose CommentsPermalink





(9) MOTORCOACH SERVICES- The term ‘motorcoach services’ means passenger transportation by motorcoach for compensation. CommentsClose CommentsPermalink





(10) MULTIFUNCTION SCHOOL ACTIVITY BUSES- The term ‘multifunction school activity buses’ has the meaning given such term in section 571.3(b) of title 49, Code of Federal Regulations (as in effect on the day before the date of the enactment of this Act). CommentsClose CommentsPermalink





(11) PORTAL- The term ‘portal’ means any opening on the front, sides, rear, or roof of a motorcoach that could, in the event of a crash involving the motorcoach, permit the partial or complete ejection of any occupant from the motorcoach, including a young child. CommentsClose CommentsPermalink





(12) PROVIDER OF MOTORCOACH SERVICES- The term ‘provider of motorcoach services’ means a motor carrier that provides passenger transportation services with a motorcoach, including per-trip compensation and contracted or chartered compensation. CommentsClose CommentsPermalink





(13) PUBLIC TRANSPORTATION- The term ‘public transportation’ has the meaning given such term in section 5302(a)(10) of title 49, United States Code.(14) SAFETY BELT- The term ‘safety belt’ has the meaning given such term in section 153(i)(4)(B) of title 23, United States Code.(15section 153(i)(4)(B) of title 23, United States Code. CommentsClose CommentsPermalink





(14) SECRETARY- The term ‘Secretary’ means the Secretary of Transportation. CommentsClose CommentsPermalink





(15) TRANSIT SERVICE- The term ‘transit service’ means motorcoach service characterized by operating speeds of less than 45 miles per hour and frequent stops. CommentsClose CommentsPermalink

SEC. 3. REGULATIONS FOR IMPROVED OCCUPANT PROTECTION AND MOTORCOACH CRASHCOLLISION AVOIDANCE.

(a) Regulations Required Within 1 Year- Not later than 1 year after the date of the enactment of this Act, the Secretary shall prescribe the following regulations: CommentsClose CommentsPermalink





(1) SAFETY BELTS- The Secretary shall issue a final rule in Docket No. NHTSA 2010-0112:Federal Motor Vehicle Standards; Motorcoach Definition; Occupant Crash Protection, to require safety belts to be installed in motorcoaches at each designated seating position. CommentsClose CommentsPermalink





(2) ROOF STRENGTH AND CRUSH RESISTANCE- The SecretaryFIREFIGHTING EQUIPMENT- The Secretary shall establishrequire the installation in motorcoaches of improved fire extinguishers or other readily available firefighting equipment for the purpose of effectively extinguishing fires in motorcoaches to prevent passenger deaths and injuries. CommentsClose CommentsPermalink





(b) Regulations Required Within 18 Months- Not later than 18 months after the date of the enactment of this Act, the Secretary shall prescribe regulations-- CommentsClose CommentsPermalink





(1) establishing improved roof standards for motorcoaches that substantially improve the resistance of motorcoach roofs to deformation and intrusion to prevent serious occupant injury in rollover crashes involving motorcoaches.(3) ANTI-EJECTION SAFETY COUNTERMEASURES- The Secretary shall require; and CommentsClose CommentsPermalink





(2) requiring advanced glazing to be installed in each motorcoach portal to prevent partial or complete ejection of passengers of motorcoaches, including such passengers that are children. CommentsClose CommentsPermalink





(4c) Regulations Required Within 2 Years- Not later than 2 years after the date of the enactment of this Act, the Secretary shall prescribe the following commercial motor vehicle regulations: CommentsClose CommentsPermalink





(1) ROLLOVER CRASH AVOIDANCE- The Secretary shall require motorcoaches to be equipped with stability enhancing technology, such as electronic stability control, or torque vectoring, to reduce the number and frequency of rollover crashes among motorcoaches. CommentsClose CommentsPermalink





(5) FIREFIGHTING EQUIPMENT- The Secretary shall require the installation in motorcoaches of improved fire extinguishers or other readily available firefighting equipment for the purpose of effectively extinguishing fires in motorcoaches to prevent passenger deaths and injuries.

(b) Regulations Required Within 2 Years- Not later than 2 years after the date of enactment of this Act, the Secretary shall prescribe the following commercial motor vehicle tire regulations:

(12) COMMERCIAL MOTOR VEHICLE TIRE PRESSURE MONITORING SYSTEMS- CommentsClose CommentsPermalink




(A) IN GENERAL- The Secretary shall prescribe regulations that require motorcoaches to be equipped with direct tire pressure monitoring systems that warn the operator of a commercial motor vehicle when any tire exhibits a level of air pressure that is below a specified level of air pressure established by the Secretary. CommentsClose CommentsPermalink





(B) PERFORMANCE REQUIREMENTS- The regulations prescribed by the Secretary under this sectionparagraph shall include performance requirements to ensure that direct tire pressure monitoring systems are capable of performing-- CommentsClose CommentsPermalink





(i) at all times when the ignition locking system is in the ‘On’ position;

(ii) at all vehicle speeds;

(iii) on all road surfaces;

(iv) during all weather conditions; and

(v) after a repair or other service is performed on a tire.

(2providing a warning to the driver when 1 or more tires are underinflated; CommentsClose CommentsPermalink




(ii) activating in a specified time period after the underinflation is detected; and CommentsClose CommentsPermalink





(iii) operating at different vehicle speeds. CommentsClose CommentsPermalink





(3) TIRE PERFORMANCE STANDARD- The Secretary shall upgrade performance standards for tires used on motorcoaches, including an by conducting an enhanced endurance test and a new high-speed performance test. CommentsClose CommentsPermalink





(cd) Application of Regulations- CommentsClose CommentsPermalink





(1) NEW MOTORCOACHES- Any regulation prescribed pursuant to subsection (a) or (bin accordance with subsection (a), (b), or (c) shall apply to all motorcoaches that are manufactured more than 2 years after the date on which the regulation is published as a final rule. CommentsClose CommentsPermalink





(2) RETROFIT REQUIREMENTS FOR EXISTING MOTORCOACHES- The Secretary may, by regulation, provide for the application of any requirement established under this section to motorcoaches manufactured before the date on which the requirement applies to new motorcoaches under paragraph (1) based on an assessment of the feasibility, benefits, and costs of retrofitting the older motorcoaches. The Secretary shall complete ansuch motorcoaches. The Secretary shall complete such assessment with respect to safety belt retrofits not later than 2 years after the date of the enactment of this Act. CommentsClose CommentsPermalink

SEC. 4. STANDARDS FOR IMPROVED FIRE SAFETY.

(a) Evaluations- Not later than 18 months after the date of the enactment of this Act, the Secretary shall completenduct an evaluation of the following: CommentsClose CommentsPermalink





(1) FLAMMABILITY STANDARD FOR EXTERIOR COMPONENTS- The Secretary shall examine the feasibility of establishing requirements for fire hardening or fire resistance of motorcoach exterior components to prevent fire and smoke inhalation injuries to occupants. CommentsClose CommentsPermalink





(2) SMOKE SUPPRESSION- The Secretary shall review Federal motor vehicle safety standard number 302 (49 CFR.F.R. 571.302; relating to flammability of interior materials) to consider more realistic tests to improve the resistance of motorcoach interiors and components to burning, prevent inhalation by passengers of toxic smoke and vapors, and permit sufficient time for the safe evacuation of passengers from motorcoaches. CommentsClose CommentsPermalink





(3) PREVENTION OF, AND RESISTANCE TO, WHEEL WELL FIRES- The Secretary shall assess technologies to prevent and mitigate the propagation of wheel well fires into the passenger compartment and substantially reduce occupant deaths and injuries from such fires. CommentsClose CommentsPermalink





(4) PASSENGER EVACUATION- The Secretary shall evaluate requirements for motorcoaches to be equipped with the following: CommentsClose CommentsPermalink





(A) IMPROVED EMERGENCY EVACUATION DESIGNS- Improved emergency exit window, door, roof hatch, and wheelchair lift door designs to expedite access and use by passengers of motorcoaches under all emergency circumstances, including crashes and fires. CommentsClose CommentsPermalink





(B) EMERGENCY INTERIOR LIGHTING- Emergency interior lighting systems, including luminescent or retroreflectorized delineation of evacuation paths and exits, thatwhich are triggered by a crash or other emergency incidents to accomplish more rapid and effective evacuation of passengers. CommentsClose CommentsPermalink





(5) AUTOMATIC FIRE SUPPRESSION- The Secretary shall evaluate requirements for motorcoaches to be equipped with highly effective fire suppression systems that automatically respond to and suppress all fires in such motorcoaches. CommentsClose CommentsPermalink





(b) Performance Requirements- Not later than 3 years after the date of the enactment of this Act, the Secretary shall issue performance requirements for improved fire safety and passenger evacuation based on the results of the evaluations conducted under subsection (a). CommentsClose CommentsPermalink

SEC. 5. OCCUPANT PROTECTION AND COLLISION AVOIDANCE RESEARCH.

(a) Safety Research Initiatives- Not later than 2 years after the date of the enactment of this Act, the Secretary shall complete research on the following: CommentsClose CommentsPermalink





(1) COMPARTMENTALIZATION SAFETY COUNTERMEASURES- Enhanced compartmentalization safety countermeasures for motorcoaches, including enhanced seating designs, to reduce substantially the risk of passengers being thrown from their seats and colliding with other passengers, interior surfaces, and components in the event of a crash involving a motorcoach. CommentsClose CommentsPermalink





(2) INTERIOR IMPACT PROTECTION- Enhanced occupant impact protection standards for motorcoach interiors to reduce substantially serious injuries for all passengers of motorcoaches. CommentsClose CommentsPermalink





(3) COLLISION AVOIDANCE SYSTEMS- Forward and lateral crash warning systems applications for motorcoaches. CommentsClose CommentsPermalink





(b) Standards and Regulations- Not later than 2 years after the completion of each research initiative required under subsection (a), the Secretary shall prescribissue a standard or regulation based on the results of thatsuch research. CommentsClose CommentsPermalink

SEC. 6. NEW ENTRANTS.

(a) Registration Requirements-Section 13902(b) of title 49, United States Code, is amended-- CommentsClose CommentsPermalink





(1) by redesignating paragraphs (1) through (8) as paragraphs (25) through (912), respectively; and CommentsClose CommentsPermalink





(2) by inserting before paragraph (25), as redesignated, the following: CommentsClose CommentsPermalink





‘(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 only after thatuntil after such person-- CommentsClose CommentsPermalink





‘(A) undergoes a pre-authorization safety audit, including verification, in a manner sufficient to demonstrate the ability to comply with Federal rules and regulations, of-- CommentsClose CommentsPermalink





‘(i) a drug and alcohol testing program consistent withunder part 40 of title 49, Code of Federal Regulations; CommentsClose CommentsPermalink





‘(ii) the carrier’s system of compliance with hours-of-service rules, including hours-of-service records; CommentsClose CommentsPermalink





‘(iii) the ability to obtain required insurance; CommentsClose CommentsPermalink





‘(iv) driver qualifications, including the validity of the commercial driver’s license of each driver who will be operating under such authority; CommentsClose CommentsPermalink





‘(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 most recenpast 3 years; CommentsClose CommentsPermalink





‘(vi) records of the State inspections, or of a Level I or Level V Commercial Vehicle Safety Alliance Inspection, for all vehicles that will be operated by the carrier; CommentsClose CommentsPermalink





‘(vii) safety management programs, including vehicle maintenance and repair programs; and CommentsClose CommentsPermalink





‘(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); CommentsClose CommentsPermalink





‘(B) has been interviewed to review safety management controls and the carrier’s written safety oversight policies and practices; and CommentsClose CommentsPermalink





‘(C) has demonstrated, 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). CommentsClose CommentsPermalink





’.

(b) Safety Reviews of New Operators- Section 31144(g)(1) of title 49, United States Code, is amended to read as follows:

‘(1) SAFETY REVIEW-

‘(A) IN GENERAL- The Secretary shall require, by regulation, each owner and each operator granted new registration under section 13902 to undergo a safety review not later than 18 months after the date on which the owner or operator, as the case may be, begins operations under such registration.

‘(B) PROVIDERS OF MOTORCOACH SERVICES- Safety reviews of owners and operators registered as providers of motorcoach services shall be conducted not later than 9 months after the owner or operator, as the case may be, begins operations under such registration.

‘(2) PRE-AUTHORIZATION SAFETY AUDIT- The pre-authorization safety audit required under paragraph (1)(A) shall be completed on-site not later than 90 days afterfollowing the submission of an application for operating authority. CommentsClose CommentsPermalink





‘(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).’. CommentsClose CommentsPermalink





(b) Safety Reviews of New Operators-Section 31144(g)(1) of title 49, United States Code, is amended by inserting ‘transporting property’ after ‘each operator’. CommentsClose CommentsPermalink





(c) Effective Date- The amendments made by this section shall take effect on the date that is1 year after the date of the enactment of this Act. CommentsClose CommentsPermalink

SEC. 7. REINCARNATED MOTOR CARRIERS.

(a) Registration Requirements-Section 13902(b) of title 49, United States Code, as amended by section 6(a), by inserting after paragraph (3), as added by section 6(a), the following: CommentsClose CommentsPermalink





‘(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.’. CommentsClose CommentsPermalink





(b) Denial, Suspension, Amendment, or Revocation of Registration- Section 13905(d) of title 49, United States Code,such title is amended-- CommentsClose CommentsPermalink





(1) in paragraph (1)-- CommentsClose CommentsPermalink





(A) by striking ‘On application’ and inserting the following:

‘(A) REGISTRANT APPLICATION- On application’;

(B) by striking ‘On complaint’ and inserting the following:

‘(B) COMPLAINT- On complaint’;

(C) by striking ‘the Secretary may (A) suspend,may (A) suspend’ and inserting the following:‘the Secretary "may-- CommentsClose CommentsPermalink




‘(i) suspend’;(DA) suspend’; CommentsClose CommentsPermalink





(B) by striking ‘registration; and (B) suspend’ and inserting the following ‘registration;

‘(ii) suspend’;

(E) by striking ‘freight : "registration; CommentsClose CommentsPermalink




‘(B) suspend’; CommentsClose CommentsPermalink





(C) by striking ‘forwarder: (i) for failure’ and inserting the to pay’ and inserting the following:‘freight forwarder for--

‘(I) failure’;

(F "forwarder for failure-- CommentsClose CommentsPermalink




‘(i) to pay’; CommentsClose CommentsPermalink





(D) by striking ‘title; or (ii) for failure to arrange’ and inserting the following:‘title; or--

‘(II) failure’; and

(G "title; or CommentsClose CommentsPermalink




‘(ii) to arrange’; CommentsClose CommentsPermalink





(E) by striking ‘penalty.Subparagraph (B) shall not apply’ and inserting the following:‘penalty; and‘(iii "penalty; and CommentsClose CommentsPermalink





‘(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-- CommentsClose CommentsPermalink





‘(I) this part;‘(IIi) this part; CommentsClose CommentsPermalink





‘(ii) an applicable regulation or order of the Secretary or the Board; or CommentsClose CommentsPermalink





‘(IIIiii) a condition of its registration.

‘(C) EXCEPTION- Subparagraph (B)(ii) shall not apply’; and

(2) in paragraph (2), by striking ‘paragraph (1)(B)’ and inserting ‘paragraph (1)(B)(ii)’.

(b) Procedure- Section 13905(e)(1) of such title is amended by striking ‘registrant’ and inserting ‘registrant, or if the Secretary ’; and CommentsClose CommentsPermalink




(F) by striking the last sentence; and CommentsClose CommentsPermalink





(2) by amending paragraph (2) to read as follows: CommentsClose CommentsPermalink





‘(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-- CommentsClose CommentsPermalink





‘(A) provide for the denial, suspension, amendment, or revocation of a registration pursuant to paragraph (1)(C); and CommentsClose CommentsPermalink





‘(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.’. CommentsClose CommentsPermalink





(c) Procedure- Section 13905(e) of such title is amended-- CommentsClose CommentsPermalink





(1) by redesignating paragraph (2) as subparagraph (B); CommentsClose CommentsPermalink





(2) in paragraph (1), by striking ‘(1) the Secretary’ and inserting the following: CommentsClose CommentsPermalink





‘(2)(A) the Secretary’; and CommentsClose CommentsPermalink





(3) by inserting before paragraph (2), as redesignated, the following: CommentsClose CommentsPermalink





‘(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)(B)(iii),’.(cC); or’. CommentsClose CommentsPermalink





(d) Duties of Employers and Employees- Section 31135 of such title is amended-- CommentsClose CommentsPermalink





(1) by redesignating subsection (d) as subsection (e); and CommentsClose CommentsPermalink





(2) by inserting after subsection (c) the following: CommentsClose CommentsPermalink





‘(d) Avoiding Compliance- CommentsClose CommentsPermalink





‘(1) PROHIBITED ACTIONS- Two or more employers mayshall not use common ownership, common management, common control, or common familial relationship to enable any or all such employers to avoid compliance, or mask or otherwise conceal non-compliance, or a history of noncompliance, with commercial motor vehicle safety regulations issued under this subchapter, chapter 315, or an order of the Secretary issued under this subchapter, chapter 315, or such regulations. CommentsClose CommentsPermalink





‘(2) CIVIL PENALTIESEFFECT OF VIOLATION- If the Secretary determines that an employer has engaged in any of the prohibited actions described in paragraph (1), the Secretary shall--‘(A) action prohibited under paragraph (1), the Secretary shall-- CommentsClose CommentsPermalink





‘(A) deny, suspend, amend, or revoke all or part of any such employer’s registration under section 13905; and CommentsClose CommentsPermalink





‘(B) take into account such noncompliance for purposes of determining the amount of the civil penalty to be assessedto which the employer is liable under section 521(b)(2)(D).’. CommentsClose CommentsPermalink

SEC. 8. IMPROVED OVERSIGHT OF PROVIDERS OF MOTORCOACH SERVICES AND OTHER MOTORCOACH CARRIERS OF PASSENG PROVIDERS.

(a) In General-Section 31144 of title 49, United States Code, is amended by adding at the end the following: CommentsClose CommentsPermalink





‘(h) Periodic Safety Reviews of Providers of Motorcoach Services- CommentsClose CommentsPermalink





‘(1) SAFETY REVIEW- CommentsClose CommentsPermalink





Not later than 3 years after the date of the enactment of the Motorcoach Enhanced Safety Act of 2011, the Secretary shall--‘(A ‘(A) IN GENERAL- The Secretary shall-- CommentsClose CommentsPermalink





‘(i) determine the safety fitness of each providerall providers of motorcoach services registered with the Federal Motor Carrier Safety Administration; and CommentsClose CommentsPermalink





‘(Bii) assign a safety fitness rating to each such provider. CommentsClose CommentsPermalink





‘(B) APPLICABILITY- Subparagraph (A) shall apply-- CommentsClose CommentsPermalink





‘(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 CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





‘(2) PERIODIC REVIEW- The Secretary shall establish a process, by regulation,, 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. CommentsClose CommentsPermalink





‘(3) ENFORCEMENT STRIKE FORCES- In addition to the enhanced monitoring and enforcement actions required under paragraph (2), the Secretary may organize special enforcement strike forces targeting providers of motorcoach services, when and where the Secretary considers appropriate. CommentsClose CommentsPermalink





‘(4) PERIODIC UPDATE OF SAFETY FITNESS RATING- As part of the safety review required byIn conducting the safety reviews required under this subsection, the Secretary shall reassess such ratingthe safety fitness rating of each provider not less frequently than once every 3 years. CommentsClose CommentsPermalink





‘(5) PROVIDER OF 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.’ CommentsClose CommentsPermalink





.(b) Revision of Safety Fitness Rating Methodology- Not later than 1 year after the date of the enactment of this Act, the Secretary shall revise the safety fitness rating methodology of the Department of Transportation established pursuant tosection 31144 of title 49, United States Code, to meet the goals of the safety recommendation H-99-6 of the National Transportation Safety Board, which was issued on February 26, 1999. CommentsClose CommentsPermalink





(c) High Risk Carrier Compliance Reviews- The second sentence of sSection 4138 of Public Law 109-59SAFETEA-LU (49 U.S.C. 31144 note) is amended by striking ‘is rated as category A or B for 2 consecutive months.’ and inserting ‘meets the Safety Measurement System criteria for being a high risk motor carrier for 2 consecutive months.’. CommentsClose CommentsPermalink

SEC. 9. MOTORCOACH DRIVER TRAINING.

(a) Establishment of Training Curriculum- CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than 186 months after the date of the enactment of this Act, the Secretary shall establish, by regulation, minimum curricular requirements for entry-level drivers of motorcoaches and drivers upgrading from 1 class of commercial driver’s license to another class, towhich shall be adopted by public and private schools and motor carriers and motorcoach operators that provide training for such drivers. CommentsClose CommentsPermalink





(2) CURRICULAR REQUIREMENTS- The curricular requirements under paragraph (1) shall include-- CommentsClose CommentsPermalink





(A) classroom and behind-the-wheel instruction that is adequate for training entry-level drivers of motorcoaches and drivers upgrading from 1 class of commercial driver’s license to another class to safely operate motorcoaches and respond effectively to emergency situations; and CommentsClose CommentsPermalink





(B) instruction in advanced knowledge and skills that are necessary to operate motorcoaches safely, including knowledge and skills necessary-- CommentsClose CommentsPermalink





(i) to suppress motorcoach fires; and CommentsClose CommentsPermalink





(ii) to evacuate passengers from motorcoaches safely. CommentsClose CommentsPermalink





(b) Training Required- CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary shall require each motorcoach driver seeking a commercial driver’s license passenger endorsement to undergo a training program that includes the minimum curricular requirements established under subsection (a) before taking a test for a commercial driver’s license passenger endorsement. CommentsClose CommentsPermalink





(2) CERTIFICATEVERIFICATION REQUIRED- The Secretary shall require that-- CommentsClose CommentsPermalink





(A) each trainer of a driver seeking a commercial driver’s license passenger endorsement to issue a certificate to the trainee andshall submit to the appropriate State licensing authority certifying that the trainee hasinformation on any driver that has successfully completed a motorcoach driver training course that includes the curricular requirements established under subsection (a);(B) each driver seeking to take the test for the commercial driver’s license passenger endorsement to present the certificate to a and CommentsClose CommentsPermalink





(B) the State licensing authority;(C) may not administer the skills test for the passenger endorsement nor issue a passenger endorsement to a driver unless the State licensing authority to compare the certificate presented by the applicant with the certificate provided by the driver verifies that the driver has successfully completed a motorcoach driver training school; and

(D) the State licensing authority to refuse to administer the test if the certificates are not the same.

(c) course required under subparagraph (A). CommentsClose CommentsPermalink




(c) Report on Feasibility, Benefits, and Costs of Establishing a System of Certification of Training Programs- Not later than 2 years after the date of the enactment of this Act, the Secretary shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and CommercTransportation and Infrastructure of the House of Representativesthat describes the feasibility, benefits, and costs of establishing a system of certification of public and private schools and of motor carriers and motorcoach operators that provide motorcoach driver training, in accordance with the curricular requirements established by the Secretary under subsection (a). CommentsClose CommentsPermalink





(d) Nonpreemption of State Programs- The minimum curricular requirements required under this section shall not preempt any State or local law or regulation imposing additional or more stringent requirements unless the Secretary determines that-- CommentsClose CommentsPermalink





(1) the law or regulation is incompatible with the regulation prescribed by the Secretary; or CommentsClose CommentsPermalink





(2) enforcement of the State law or the local law or regulation would impose an unreasonable burden on interstate commerce. CommentsClose CommentsPermalink

SEC. 10. IMPROVED TESTING FOR THE COMMERCIAL DRIVER’S LICENSE PASSENGER ENDORSEMENT.

(a) Increased Stringency of Examination for Commercial Driver’s License Passenger-Carrying Endorsement-(1) FINAL RULE- Not later than carrying Endorsement- Not later than 6 months after the date of the enactment of this Act, the Secretary, afterin consultation with the American Association of Motor Vehicle Administrators, shall issue a final rule in Docket No. FMCSA 2007-27659:Commercial Driver’s License Testing and Commercial Learner’s Permit Standards that-- CommentsClose CommentsPermalink





(1) improves the quality and stringency of the examination for the commercial driver’s license passenger-carrying endorsement.

(2) REQUIREMENTS- The final rule issued under paragraph (1) shall require--

(A); CommentsClose CommentsPermalink




(2) requires a more stringent knowledge test than the test in effect on the day before the date of the enactment of this Act; and CommentsClose CommentsPermalink





(B)3) requires a more stringent examination of the driving skills necessary to operate safely a for-hire passenger-carrying commercial motor vehicle than the examination of such skills in effect on the day before the date of the enactment of this Act. CommentsClose CommentsPermalink





(b) Modification of Requirements for CommercialReport on Driver’s License Passenger-Carrying Endorsement- The Secretary shall require, by regulation, that any driver who transportsRequirements for 9-to-15 Passenger Vans- Not later than 18 months after the date of the enactment of this Act, the Secretary shall submit a plan to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives for requiring that all or certain classes of drivers-- CommentsClose CommentsPermalink





(1) have a commercial driver’s license passenger-carrying endorsement in order to operate a commercial motor vehicle (as defined insection 31301(4) of title 49, United States Code) and transport not fewerless than 9 and not more than 15 passengers (including thea driver) in interstate commerce through the operation of a commercial motor vehicle (as defined in section 31301(4) of title 49, United States Code)--

(1) has a commercial driver’s license passenger-carrying endorsement; and

(2) has been; and CommentsClose CommentsPermalink




(2) be tested in accordance with a drug and alcohol testing program that is consistent withunder part 40 of title 49, Code of Federal Regulations. CommentsClose CommentsPermalink

SEC. 11. IMPROVED PHYSICAL FITNESS OVERSIGHT AND COMMERCIAL DRIVER MEDICAL CERTIFICATES.

(a) Medical Review Board Functions-Section 31149(a)(1) of title 49, United States Code, is amended-- CommentsClose CommentsPermalink





(1) by striking ‘recommendations on medical standards’ and inserting the following:‘recommendations concerning "recommendations on-- CommentsClose CommentsPermalink





‘(A) medical standards’; and CommentsClose CommentsPermalink





(2) by striking ‘medical research.’ and inserting the following:‘medical "research; and CommentsClose CommentsPermalink





‘(B) advice and recommendations concerning the criteria to be used for evaluating medical examiners for admission to the national registry established under subsection (d)this section.’. CommentsClose CommentsPermalink





(b) Examination Requirements for Listing in the National Registry of Medical Examiners-Section 31149(c)(1)(D) of such titletitle 49, United States Code, is amended to read as follows: CommentsClose CommentsPermalink





‘(D) develop requirements applicable to a medical examiner seeking to be listed in the national registry, including-- CommentsClose CommentsPermalink





‘(i) specific courses and materials that must be completed to be listed in the national registry; CommentsClose CommentsPermalink





‘(ii) a rigorous written examination for which a passing grade must be achieved to be listed in the national registry; CommentsClose CommentsPermalink





‘(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 CommentsClose CommentsPermalink





‘(iv) demonstration of the willingness and ability of a medical examiner to comply with any reporting requirements established by the Secretary;’. CommentsClose CommentsPermalink





(c) Medical Examination Form Comparisons- Not later than 18 months after the date of the enactment of this Act, the Secretary shall prescribe a regulation that requires anyrequire, by regulation, that each time a medical examiner who performs a medical examination to certify an applicant for a commercial driver’s license under section 391.43 of title 49, Code of Federal Regulations, to submitsuch medical examiner shall submit to the appropriate State licensing agency the form for such examination required under subsection (f) of such sectionby section 391.43(f) of such title (as in effect on the day before the date of the enactment of this Act) to the appropriate State licensing agency. CommentsClose CommentsPermalink





(d) State Plan Requirement-Section 31102(b)(1) of title 49, United States Code, is amended-- CommentsClose CommentsPermalink





(1) in subparagraph (W), by striking ‘and’ at the end; and CommentsClose CommentsPermalink





(2) in subparagraph (X), by striking the period at the end and inserting ‘; and’; and

(3) by adding at the end the following:

the following: "; and CommentsClose CommentsPermalink




‘(Y) requires State licensing authorities to compare the forms they receive pursuant to the regulation prescribed under 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 the enactment of that Act), to determine the accuracy and validity of the information contained in such forms and certificates.’. CommentsClose CommentsPermalink





(e) Additional Oversight of Licensing Authorities- CommentsClose CommentsPermalink





(1) IN GENERAL-Section 31149(c)(1) of title 49, United States Code, is amended-- CommentsClose CommentsPermalink





(A) in subparagraph (E), by striking ‘and’ at the end; and CommentsClose CommentsPermalink





(B) in subparagraph (F), by striking the period at the end and inserting ‘; and’; and

(C) by adding at the end the following:

the following: "; and CommentsClose CommentsPermalink




‘(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.’. CommentsClose CommentsPermalink





(2) INTERNAL OVERSIGHT POLICY- CommentsClose CommentsPermalink





(A) IN GENERAL- Not later than 1 year after the date of the enactment of this Act, the Secretary shall establish an oversight policy and process within the Department of Transportation for purposes of carrying out the requirement undersection 31149(c)(1)(G) of title 49, United States Code, as added by paragraph (1)(C).(B) . CommentsClose CommentsPermalink





(B) EFFECTIVE DATE- SThe requirement undersection 31149(c)(1)(G) of title 49, United States Code, as added by paragraph (1)(C), shall shall take effect on the date on which the oversight policies and processes are established pursuant to subparagraph (A). CommentsClose CommentsPermalink





(f) Deadline for Establishment of National Registry of Medical Examiners- Not later than 6 months after the date of the enactment of this Act, the Secretary shall establish a national registry of medical examiners as required under in accordance withsection 31149(d)(1) of title 49, United States Code. CommentsClose CommentsPermalink

SEC. 12. SAFETY AND ENFORCEMENT TECHNOLOGY FOR MOTORCOACHES.

(a) Electronic On-Bboard Recorders- CommentsClose CommentsPermalink





(1) IN GENERAL- CommentsClose CommentsPermalink





Not later than (A) RULEMAKING- Not later than 1 year after the date of the enactment of this Act, the Secretary shall prescribe regulations requiring that all motorcoaches used by any motor carrier in interstate commerce be equipped with electronic on-board recorders. CommentsClose CommentsPermalink





(2B) PERFORMANCE REQUIREMENTS- The regulations prescribed by the Secretary under paragraph (1) shall this section shall include performance requirements to ensure that electronic on-board recorders-- CommentsClose CommentsPermalink





(Ai) accurately record commercial driver hours of service; CommentsClose CommentsPermalink





(Bii) allow tracking of driver and vehicle location; and CommentsClose CommentsPermalink





(Ciii) are tamper resistant. CommentsClose CommentsPermalink





(3) EFFECTIVE DATE2) APPLICABILITY- The regulations prescribed under this subsection shall--(A) take effectparagraph (1) shall apply to all motorcoaches described in such paragraph beginning on the date that is 2 years after the date on which the regulation is published as a final rule; and

(B) apply to all motorcoaches described in paragraph (1).

(b). CommentsClose CommentsPermalink




(b) Event Data Recorders- CommentsClose CommentsPermalink





(1) EVALUATION- Not later than 1 year after the date of the enactment of this Act, the Secretary, after considering the performance requirements for event data recorders for passenger vehicles under part 563 of title 49, Code of Federal Regulations, shall complete an evaluation of event data recorders, including requirements regarding specific types of vehicle operations, events and incidents, and systems information to be recorded, for event data recorders to be used on motorcoaches used by motor carriers in interstate commerce. CommentsClose CommentsPermalink





For this purpose, the Secretary shall consider the performance requirements for event data recorders for passenger vehicles under part 563 of title 49, Code of Federal Regulations.(2) STANDARDS AND REGULATIONS- Not later than 1 year2 years after completing the evaluation required under paragraph (1), the Secretary shall issue standards and regulations based on the results of suchthat evaluation. CommentsClose CommentsPermalink

SEC. 13. SAFETY INSPECTION PROGRAM FOR COMMERCIAL MOTOR VEHICLES OF PASSENGERS.

Not later than 3 years after the date of the enactment of this Act, the Secretary shall complete a rulemaking proceeding to consider requiring States to conduct annual inspections of commercial motor vehicles designed or used to transport passengers, including--(1) an assessment of an assessment of-- CommentsClose CommentsPermalink





(1) the risks associated with improperly maintained or inspected commercial motor vehicles designed or used to transport passengers; CommentsClose CommentsPermalink





(2) an assessment of the effectiveness of currentexisting Federal standards for the inspection of such vehicles in-- CommentsClose CommentsPermalink





(A) mitigating the risks described in paragraph (1) and to ensure; and CommentsClose CommentsPermalink





(B) ensuring the safe and proper operation condition of such vehicles; and CommentsClose CommentsPermalink





(3) an assessment of the costs and benefits of a mandatory State inspection program. CommentsClose CommentsPermalink

SEC. 14. DISTRACTED DRIVING.

(a) In General- Subchapter III of chapter 311 of title 49, United States Code, is amended by adding at the end the following: CommentsClose CommentsPermalink

‘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 thatsuch Act). CommentsClose CommentsPermalink





‘(b) Basis for Regulations- The Secretary shall base the regulations requirprescribed under subsection (a) on accident data analysis, the results of ongoing research, and other information, as appropriate. CommentsClose CommentsPermalink





‘(c) Prohibited Use- Except as provided in subsection under subsection (d), the Secretary shall prohibit the use of the devices set forthdescribed in subsection (a) in circumstances in which the Secretary determines that their use interferes with the driver’s safe operation of a motorcoach. CommentsClose CommentsPermalink





‘(d) Permitted Use- Under the regulations, the SecretaryThe 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.’. CommentsClose CommentsPermalink





(b) Conforming Amendment- The table of contents for chapter 311 of title 49, United States Code, is amended by inserting after the item relating to section 31151 the following: CommentsClose CommentsPermalink





‘31152. Regulation of the use of distracting devices in motorcoaches.’. CommentsClose CommentsPermalink

SEC. 15. MOTORCOACH RENTAL OR LEASING COMPANIES.

Section 31132(3) of title 49, United States Code, is amended to read as follows: CommentsClose CommentsPermalink





‘(3) ‘employer’-- CommentsClose CommentsPermalink





‘(A) means a person engaged in a business affecting interstate commerce that-- CommentsClose CommentsPermalink





‘(i) owns or leases a commercial motor vehicle in connection with that business, or assigns and employee to operate it; or CommentsClose CommentsPermalink





‘(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 charter bus companyprovider of transportation services; and CommentsClose CommentsPermalink





‘(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.’. CommentsClose CommentsPermalink

SEC. 16. REGISTRATION OF BROKERS FOR MOTOR CARRIERS OF PASSENGERS.

SEC. 17. REGULATIONS.

Any standard or regulation prescribed or modified pursuant to this Act shall be prescribed or modified in accordance withsection 553 of title 5, United States Code. CommentsClose CommentsPermalink