HR 915 — Motor Carrier Safety Selection Standard Act

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 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

 TITLE 49, UNITED STATES CODE

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 SUBTITLE VI--MOTOR VEHICLE AND DRIVER PROGRAMS

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 PART B--COMMERCIAL

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 CHAPTER 311--COMMERCIAL MOTOR VEHICLE SAFETY

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 SUBCHAPTER III--SAFETY REGULATION

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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[.]; and
 (5) prescribe by regulation a process for revoking 
 the registration of an owner or operator determined 
 unfit to operate safely a commercial motor vehicle 
 under this section.
 (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) Safety review.--
 (A) In general.--Except as provided under 
 subparagraph (B), the Secretary shall require, 
 by regulation, each owner and each operator 
 granted new registration under section 13902 or 
 31134 to undergo a safety review not later than 
 12 months after the owner or operator, as the 
 case may be, begins operations under such 
 registration.
 (B) Providers of motorcoach services.--The 
 Secretary shall require, by regulation, each 
 owner and each operator granted new 
 registration to transport passengers under 
 section 13902 or 31134 to undergo a safety 
 review not later than 120 days after the owner 
 or operator, as the case may be, begins 
 operations under such registration.
 (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)]
 (6) Additional requirements for household goods motor 
 carriers.--
 (A) In general.--In addition to the 
 requirements of this subsection, the Secretary 
 shall require, by regulation, each registered 
 household goods motor carrier to undergo a 
 consumer protection standards review not later 
 than 18 months after the household goods motor 
 carrier begins operations under such authority.
 (B) Elements.--In the regulations issued 
 pursuant to subparagraph (A), the Secretary 
 shall establish the elements of the consumer 
 protections standards review, including basic 
 management controls. In establishing the 
 elements, the Secretary shall consider the 
 effects on small businesses and shall consider 
 establishing alternate locations where such 
 reviews may be conducted for the convenience of 
 small businesses.
 (h) Recognition of Canadian Motor Carrier Safety Fitness 
Determinations.--
 (1) If an authorized agency of the Canadian federal 
 government or a Canadian Territorial or Provincial 
 government determines, by applying the procedure and 
 standards prescribed by the Secretary under subsection 
 (b) or pursuant to an agreement under paragraph (2), 
 that a Canadian employer is unfit and prohibits the 
 employer from operating a commercial motor vehicle in 
 Canada or any Canadian Province, the Secretary may 
 prohibit the employer from operating such vehicle in 
 interstate and foreign commerce until the authorized 
 Canadian agency determines that the employer is fit.
 (2) The Secretary may consult and participate in 
 negotiations with authorized officials of the Canadian 
 federal government or a Canadian Territorial or 
 Provincial government, as necessary, to provide 
 reciprocal recognition of each country's motor carrier 
 safety fitness determinations. An agreement shall 
 provide, to the maximum extent practicable, that each 
 country will follow the procedure and standards 
 prescribed by the Secretary under subsection (b) in 
 making motor carrier safety fitness determinations.
 (i) Periodic Safety Reviews of Owners and Operators of 
Interstate For-hire Commercial Motor Vehicles Designed or Used 
to Transport Passengers.--
 (1) Safety review.--
 (A) In general.--The Secretary shall--
 (i) determine the safety fitness of 
 each motor carrier of passengers who 
 the Secretary registers under section 
 13902 or 31134 through a simple and 
 understandable rating system that 
 allows passengers to compare the safety 
 performance of each such motor carrier; 
 and
 (ii) assign a safety fitness rating 
 to each such motor carrier.
 (B) Applicability.--Subparagraph (A) shall 
 apply--
 (i) to any provider of motorcoach 
 services registered with the 
 Administration after the date of 
 enactment of the Motorcoach Enhanced 
 Safety Act of 2012 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 
 enactment of that Act.
 (2) Periodic review.--The Secretary shall establish, 
 by regulation, a process for monitoring the safety 
 performance of each motor carrier of passengers 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 motor carriers of 
 passengers.
 (4) Periodic update of safety fitness rating.--In 
 conducting the safety reviews required under this 
 subsection, the Secretary shall--
 (A) reassess the safety fitness rating of 
 each motor carrier of passengers not less 
 frequently than once every 3 years; and
 (B) annually assess the safety fitness of 
 certain motor carriers of passengers that serve 
 primarily urban areas with high passenger 
 loads.

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