Motorcoach Enhanced Safety Act of 2009

        [Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 554 Reported in Senate (RS)]

Calendar No. 419
111th CONGRESS
2d Session
S. 554

[Report No. 111-202]

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

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

March 9, 2009

Mr. Brown of Ohio (for himself, Mrs. Hutchison, Mrs. Boxer, and Mr.
Burris) introduced the following bill; which was read twice and
referred to the Committee on Commerce, Science, and Transportation

June 8, 2010

Reported by Mr. Rockefeller, with an amendment
[Strike all after the enacting clause and insert the matter printed in
italic]

_______________________________________________________________________

A BILL

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

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

<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>

<DELETED>    (a) Short Title.--This Act may be cited as the
``Motorcoach Enhanced Safety Act of 2009''.</DELETED>
<DELETED>    (b) Table of Contents.--The table of contents for this Act
is as follows:</DELETED>

<DELETED>Sec. 1. Short title; table of contents.
<DELETED>Sec. 2. Definitions.
<DELETED>Sec. 3. Study and report on improved bus crashworthiness and
crash avoidance.
<DELETED>Sec. 4. Regulations for improved occupant protection and
motorcoach crash avoidance.
<DELETED>Sec. 5. Improved oversight of providers of motorcoach services
and of other motor carriers of passengers.
<DELETED>Sec. 6. Motorcoach driver training.
<DELETED>Sec. 7. Improved commercial driver's license testing.
<DELETED>Sec. 8. Improved physical fitness oversight and commercial
driver medical certificates.
<DELETED>Sec. 9. Safety enforcement technology to reduce driver
fatigue.
<DELETED>Sec. 10. Commercial motor vehicle safety inspection programs.
<DELETED>Sec. 11. Regulations.

<DELETED>SEC. 2. DEFINITIONS</DELETED>

<DELETED>    In this Act:</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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
enactment of this Act).</DELETED>
<DELETED>    (3) Commercial motor vehicle.--The term
``commercial motor vehicle'' has the meaning given such term in
section 31132(1) of title 49, United States Code.</DELETED>
<DELETED>    (4) Direct tire pressure monitoring system.--The
term ``direct tire pressure monitoring system'' means a tire
pressure monitoring system, as that term is 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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (7) Manufacturer.--The term ``manufacturer'' has
the meaning given such term in section 30102(a) of title 49,
United States Code.</DELETED>
<DELETED>    (8) Motor carrier.--The term ``motor carrier'' has
the meaning given such term in section 13102(14) of title 49,
United States Code.</DELETED>
<DELETED>    (9) 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 105-78; 49 U.S.C. 5310 note), but does not
include the following:</DELETED>
<DELETED>    (A) Buses used in public transportation
provided by a State or local government.</DELETED>
<DELETED>    (B) School buses, including multifunction
school activity buses.</DELETED>
<DELETED>    (10) Motorcoach manufacturer.--The term
``motorcoach manufacturer'' means a manufacturer that
manufactures, assembles, or imports motorcoaches for resale in
the United States.</DELETED>
<DELETED>    (11) Motorcoach services.--The term ``motorcoach
services'' means passenger transportation by motorcoach for
compensation.</DELETED>
<DELETED>    (12) 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
enactment of this Act).</DELETED>
<DELETED>    (13) 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.</DELETED>
<DELETED>    (14) Provider of motorcoach services.--The term
``provider of motorcoach services'' means a motor carrier that
provides passenger transportation services with a motorcoach
for compensation, including per-trip compensation and
contracted or chartered compensation.</DELETED>
<DELETED>    (15) Public transportation.--The term ``public
transportation'' has the meaning given such term in section
5302(a)(10) of title 49, United States Code.</DELETED>
<DELETED>    (16) Safety belt.--The term ``safety belt'' has
the meaning given such term in section 153(i)(4)(B) of title
23, United States Code.</DELETED>
<DELETED>    (17) Secretary.--The term ``Secretary'' means the
Secretary of Transportation.</DELETED>

<DELETED>SEC. 3. STUDY AND REPORT ON IMPROVED BUS CRASHWORTHINESS AND
CRASH AVOIDANCE.</DELETED>

<DELETED>    (a) Study.--Not later than one year after the date of
enactment of this Act, the Secretary shall complete a study of the
following, with respect to buses that are more than 10,000 pounds gross
vehicle weight rating:</DELETED>
<DELETED>    (1) Bus safety design improvements and
countermeasures for improving bus crashworthiness to achieve
substantial improvements in occupant protection in all types of
crashes, including the following:</DELETED>
<DELETED>    (A) Active and passive restraint
systems.</DELETED>
<DELETED>    (B) Enhanced passenger
compartmentalization.</DELETED>
<DELETED>    (C) Upper and lower interior occupant
impact protection.</DELETED>
<DELETED>    (D) Improved resistance to roof failures
leading to deformation and intrusion that result in
occupant injury.</DELETED>
<DELETED>    (E) Improved resistance to occupant
partial and complete ejection.</DELETED>
<DELETED>    (F) Improved crash compatibility with
other types and weights of motor vehicles in order to
reduce both the number and severity of crashes and the
number and severity of occupant injuries both in buses
and in the other vehicles.</DELETED>
<DELETED>    (2) Crash avoidance improvements to reduce the
number and severity of bus crashes, including the
following:</DELETED>
<DELETED>    (A) Collision warning systems.</DELETED>
<DELETED>    (B) Improved braking
capabilities.</DELETED>
<DELETED>    (C) Enhanced bus conspicuity.</DELETED>
<DELETED>    (D) Increased resistance to loss-of-
control crashes.</DELETED>
<DELETED>    (E) Improved resistance to rollover
crashes.</DELETED>
<DELETED>    (3) Bus fire protection and passenger evacuation
improvements, including the following:</DELETED>
<DELETED>    (A) Effective emergency exit
design.</DELETED>
<DELETED>    (B) Effective emergency evacuation of
passengers.</DELETED>
<DELETED>    (C) Effective manual and automated fire
suppression systems.</DELETED>
<DELETED>    (D) Increased vehicle resistance to fire
propagation, including both exterior and interior
resistance to burning.</DELETED>
<DELETED>    (E) Suppression of toxic smoke and vapors
in bus fires.</DELETED>
<DELETED>    (F) Resistance to bus fuel system
fires.</DELETED>
<DELETED>    (G) Training of bus operators in the use
of firefighting equipment and the safe evacuation of
passengers.</DELETED>
<DELETED>    (4) Such other occupant protection safety
countermeasures as the Secretary considers
appropriate.</DELETED>
<DELETED>    (b) Report.--Not later than one year after the date of
enactment of this Act, the Secretary shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee
on Energy and Commerce of the House of Representatives a report setting
forth the findings of the Secretary with respect to the study required
by subsection (a) and recommendations for legislative and regulatory
changes.</DELETED>

<DELETED>SEC. 4. REGULATIONS FOR IMPROVED OCCUPANT PROTECTION AND
MOTORCOACH CRASH AVOIDANCE.</DELETED>

<DELETED>    (a) Regulations Required 1 Year After the Date of
Enactment of This Act.--Not later than 1 year after the date of the
enactment of this Act, the Secretary shall prescribe regulations as
follows:</DELETED>
<DELETED>    (1) Safety belts.--The Secretary shall require
safety belts to be installed in motorcoaches at each designated
seating position.</DELETED>
<DELETED>    (2) Anti-ejection safety countermeasures.--The
Secretary shall require motorcoaches to have advanced glazing
installed in each motorcoach portal to prevent partial or
complete ejection of passengers of motorcoaches, includeing
such passengers that are children.</DELETED>
<DELETED>    (3) Firefighting equipment.--The Secretary shall
require the installation in motorcoaches of improved
firefighting equipment for the purpose of effectively
suppressing fires in motorcoaches to prevent passenger deaths
and injuries.</DELETED>
<DELETED>    (b) Regulations Required 2 Years After the Date of
Enactment of This Act.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall prescribe regulations as
follows:</DELETED>
<DELETED>    (1) Compartmentalization safety countermeasures.--
The Secretary shall require 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, or components in the event of a
crash involving a motorcoach.</DELETED>
<DELETED>    (2) Interior impact protection.--The Secretary
shall establish enhanced occupant impact protection standards
for motorcoach interiors to reduce substantially serious
injuries for all passengers of motorcoaches.</DELETED>
<DELETED>    (3) Reduced rollover crashes.--The Secretary shall
require motorcoaches to be equipped with stability enhancing
technologies, such as electronic stability control, roll
stability control, and torque vectoring, to reduce
substantially the number and frequency of rollover crashes
among motorcoaches.</DELETED>
<DELETED>    (4) Roof strength and crush resistance.--The
Secretary shall establish 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.</DELETED>
<DELETED>    (5) Enhanced conspicuity.--The Secretary shall
require enhanced conspicuity of motorcoaches to enable other
motor vehicle operators, cyclists, and pedestrians to better
detect motorcoaches in order to reduce the risk of collisions
involving motorcoaches.</DELETED>
<DELETED>    (6) Smoke suppression.--The Secretary shall amend
Federal motor vehicle safety standard number 302 (49 C.F.R.
571.302; relating to flammability of interior materials) to
require 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.</DELETED>
<DELETED>    (7) Resistance to fuel system fires.--The
Secretary shall amend Federal motor vehicle safety standard
number 301 (49 C.F.R. 571.301; relating to fuel system
integrity) to require that motorcoaches have improved fuel
systems in order to suppress fuel-fed fires and substantially
reduce occupant deaths and injuries from fuel fires.</DELETED>
<DELETED>    (8) Passenger evacuation.--The Secretary shall
require motorcoaches be equipped with the following:</DELETED>
<DELETED>    (A) Improved emergency evacuation
designs.--Improved emergency exit window, door, and
roof hatch designs to expedite access and use by
passengers of motorcoaches under all emergency
circumstances, including crashes and fires.</DELETED>
<DELETED>    (B) Emergency interior lighting.--
Emergency interior lighting systems, including
luminescent or retroreflectorized delineation of
evacuation paths and exits, that are triggered by a
crash or other emergency incidents to accomplish more
rapid and effective evacuation of passengers.</DELETED>
<DELETED>    (c) Regulations Required 3 Years After the Date of
Enactment of This Act.--Not later than 3 years after the date of
enactment of this Act, the Secretary shall prescribe regulations as
follows:</DELETED>
<DELETED>    (1) Adaptive cruise control.--Require motorcoaches
to be equipped with adaptive cruise control for maintaining
safe trailing distances when underway and a collision warning
system that provides sufficient advance notice to the operator
of a motorcoach of any imminent impact.</DELETED>
<DELETED>    (2) Automotive fire suppression.--Require
motorcoaches to be equipped with highly effective fire
suppression systems that automatically respond to and suppress
all fires in such motorcoaches.</DELETED>
<DELETED>    (d) Application of Regulations.--</DELETED>
<DELETED>    (1) Prospective application.--Except as provided
in paragraph (2), a regulation prescribed in accordance with
subsection (a), (b), or (c) shall apply to all motorcoaches
that are manufactured on or after the effective date of such
regulation.</DELETED>
<DELETED>    (2) Retrofit safety requirements for existing
motorcoaches.--</DELETED>
<DELETED>    (A) In general.--</DELETED>
<DELETED>    (i) Except as provided in
subparagraph (B), a regulation prescribed in
accordance with subsection (a)(1) shall apply
to all motorcoaches used for motorcoach
services on or after the effective date of such
regulation.</DELETED>
<DELETED>    (ii) Except as provided in
subparagraph (B), a regulation prescribed in
accordance with subsection (a)(3) shall apply
to all motorcoaches used for motorcoach
services on or after the effective date of such
regulation.</DELETED>
<DELETED>    (iii) Except as provided in
subparagraph (B), a regulation prescribed in
accordance with subsection (b)(5) shall apply
to all motorcoaches used for motorcoach
services on or after the effective date of such
regulation.</DELETED>
<DELETED>    (B) Exception.--In the case of a
motorcoach that was used for motorcoach services before
the effective date of a regulation described in
subparagraph (A), such regulation shall not apply to
such motorcoach until--</DELETED>
<DELETED>    (i) 2 years after the effective
date of such regulation; or</DELETED>
<DELETED>    (ii) if the Secretary determines
that the application date described in clause
(i) would cause undue hardship, 5 years after
the effective date of such
regulation.</DELETED>

<DELETED>SEC. 5. IMPROVED OVERSIGHT OF PROVIDERS OF MOTORCOACH SERVICES
AND OTHER MOTORCOACH CARRIERS OF PASSENGERS.</DELETED>

<DELETED>    (a) In General.--Section 31144 of title 49, United States
Code, is amended by adding at the end the following:</DELETED>
<DELETED>    ``(h) Periodic Safety Reviews of Providers of Motorcoach
Services.--</DELETED>
<DELETED>    ``(1) Safety review.--Not later than 3 years after
the date of the enactment of the Motorcoach Enhanced Safety Act
of 2009, the Secretary shall require, by regulation, each
provider of motorcoach services registered with the Federal
Motor Carrier Safety Administration on or after such date of
enactment to undergo a periodic safety review.</DELETED>
<DELETED>    ``(2) Elements of review.--In the regulations
prescribed pursuant to paragraph (1), the Secretary shall
establish the elements of the periodic safety review, including
basic safety management controls.</DELETED>
<DELETED>    ``(3) Safety fitness ratings.--As part of the
safety review required by this subsection, the Secretary shall
assign a safety fitness rating to each provider of motorcoach
services and shall reassess such rating not less frequently
that every 3 years.</DELETED>
<DELETED>    ``(4) Motorcoach services defined.--In this
subsection, the term `provider of motorcoach services' has the
meaning provided such term in section 2 of the Motorcoach
Enhanced Safety Act of 2009.''</DELETED>
<DELETED>    (b) Revision of Safety Audit System.--Not later than one
year after the date of enactment of this Act, the Secretary shall
revise the safety fitness audit system of the Department of
Transportation established pursuant to section 31144 of title 49,
United States Code, to conform with the safety recommendation H-99-6 of
the National Transportation Safety Board issued February 26,
1999.</DELETED>

<DELETED>SEC. 6. MOTORCOACH DRIVER TRAINING.</DELETED>

<DELETED>    (a) Establishment of Training Curriculum.--</DELETED>
<DELETED>    (1) In general.--Not later than 2 years after the
date of enactment of this Act, the Secretary shall establish,
by regulation, a training curriculum for drivers of
motorcoaches to be adopted by public and private schools and
motor carriers that provide training for drivers of
motorcoaches.</DELETED>
<DELETED>    (2) Curriculum requirements.--The training
curriculum required by paragraph (1) shall include the
following:</DELETED>
<DELETED>    (A) Classroom and behind-the-wheel
instruction that is adequate for all new drivers of
motorcoaches to operate safely motorcoaches and respond
effectively to emergency situations.</DELETED>
<DELETED>    (B) Instruction in advanced knowledge and
skills that are necessary to operate motorcoaches
safely, including knowledge and skills necessary--
</DELETED>
<DELETED>    (i) to suppress motorcoach fires;
and</DELETED>
<DELETED>    (ii) to evacuate passengers from
motorcoaches safely.</DELETED>
<DELETED>    (b) Training Required.--</DELETED>
<DELETED>    (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 training curriculum established pursuant to
subsection (a) before taking a test for a commercial driver's
license passenger endorsement.</DELETED>
<DELETED>    (2) Certificate of completion required.--The
Secretary shall require that each driver seeking to take the
test for the commercial driver's license passenger endorsement
shall present a certificate to a State licensing authority
certifying that the driver has--</DELETED>
<DELETED>    (A) successfully completed a motorcoach
driver training course that includes the curriculum
established in accordance with subsection (a);
and</DELETED>
<DELETED>    (B) received a passing grade for an
examination at the culmination of such training
course.</DELETED>
<DELETED>    (c) Report on Feasibility of Establishing a System of
Certification of Training Programs.--Not later than one year after the
date of enactment of this Act, the Secretary shall submit to the
committee on Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of the House of
Representatives a report on the feasibility of establishing a system of
certification of public and private schools and of motor carriers that
provide motorcoach driver training in accordance with the curriculum
established by the Secretary pursuant to subsection (a).</DELETED>

<DELETED>SEC. 7. IMPROVED COMMERCIAL DRIVER'S LICENSE
TESTING.</DELETED>

<DELETED>    (a) Increased Stringency of Examination for Commercial
Driver's License Passenger-Carrying Endorsement.--</DELETED>
<DELETED>    (1) In general.--The Secretary shall prescribe
standards that improve the quality and stringency of the
examination for the commercial driver's license passenger-
carrying endorsement. Such standards shall require--</DELETED>
<DELETED>    (A) a more stringent knowledge test than
the test in effect on the day before the date of
enactment of this Act; and</DELETED>
<DELETED>    (B) 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 enactment of this Act.</DELETED>
<DELETED>    (2) Cooperation.--In prescribing the standards
required by paragraph (1), the Secretary shall cooperate with
the American Association of Motor Vehicle
Administrators.</DELETED>
<DELETED>    (b) Modification of Requirements for Commercial Driver's
License Passenger-Carrying Endorsement.--The Secretary shall establish
by regulation a requirement that a driver shall have a commercial
driver's license passenger-carrying endorsement in order to operate a
commercial motor vehicle and transport not less than 9 and not more
than 15 passengers (including a driver) in interstate commerce for
compensation.</DELETED>

<DELETED>SEC. 8. IMPROVED PHYSICAL FITNESS OVERSIGHT AND COMMERCIAL
DRIVER MEDICAL CERTIFICATES.</DELETED>

<DELETED>    (a) Require Passage of Rigorous Examination To Be Listed
in National Registry of Medical Examiners.--Section 31149(c)(1)(D) of
title 49, United States Code, is amended to read as follows:</DELETED>
<DELETED>    ``(D) develop, as appropriate, specific
courses and materials for medical examiners who wish to
be listed in the national registry established under
this section and develop a rigorous examination for
which a passing grade must be achieved to be listed in
such national registry;''.</DELETED>
<DELETED>    (b) Integration of Federal Medical Qualification
Certificate and Commercial Driver's License.--Not later than 2 years
after the date of enactment of this Act, the Secretary shall prescribe
regulations that will prevent the submission and use of invalid or
fraudulent medical certificates.</DELETED>
<DELETED>    (c) Medical Examination Form Comparisons.--Not later than
2 years after the date of enactment of this Act, the Secretary shall
require by regulation that--</DELETED>
<DELETED>    (1) each time a medical examiner 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, such medical examiner shall submit to the
appropriate State licensing agency the form for such
examination required by section 391.43(f) of such title (as in
effect on the day before the date of enactment of this Act);
and</DELETED>
<DELETED>    (2) as a condition of approval of a State plan
under section 31102(d) of title 49, United States Code (as
added by section 109(b)), State licensing authorities shall
compare the forms they receive pursuant to paragraph (1) with
the medical examiner's certificate required by section
391.43(g) of title 49, Code of Federal Regulations (as in
effect on the day before the date of enactment of this Act), to
determine the accuracy and validity of the information
contained in such forms and certificates.</DELETED>
<DELETED>    (d) Additional Oversight of Licensing Authorities.---
</DELETED>
<DELETED>    (1) In general.--Section 31149(c)(1) of title 49,
United States Code, is amended--</DELETED>
<DELETED>    (A) by striking ``basis; and'' in
subparagraph (E) and inserting ``basis;'';</DELETED>
<DELETED>    (B) by striking ``certification'' in
subparagraph (F) and inserting ``certification; and'';
and</DELETED>
<DELETED>    (C) by adding at the end the
following:</DELETED>
<DELETED>    ``(G) each year, review the licensing
authorities of 10 States to assess the accuracy and
validity of physical examination reports and medical
certificates submitted by certified medical examiners
to such State licensing agencies.''.</DELETED>
<DELETED>    (2) Internal oversight policy.--</DELETED>
<DELETED>    (A) In general.--Not later than 2 years
after the date of 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 of subparagraph (G) of
such section 31149(c)(1), as added by paragraph
(1).</DELETED>
<DELETED>    (B) Effective date.--The requirement of
subparagraph (G) of section 31149(c)(1) of title 49,
United States Code, shall take effect on the date that
the oversight policies and processes are established
pursuant to subparagraph (A).</DELETED>
<DELETED>    (e) Deadline for Establishment of National Registry of
Medical Examiners.--Not later than 1 year after the date of enactment
of this Act, the Secretary shall establish a national registry of
medical examiners as required by section 31149(d)(1) of title 49,
United States Code.</DELETED>

<DELETED>SEC. 9. SAFETY, ENFORCEMENT AND RESEARCH TECHNOLOGY FOR
COMMERCIAL MOTOR VEHICLES.</DELETED>

<DELETED>    (a) Electronic On-Board Recorders.--</DELETED>
<DELETED>    (1) In general.--</DELETED>
<DELETED>    (A) Not later than 1 year after the date
of enactment of this Act, the Secretary shall prescribe
regulations requiring that all motor coaches used by a
motor carrier in interstate commerce be equipped with
electronic on-board recorders.</DELETED>
<DELETED>    (B) The regulations prescribed by the
Secretary under this section shall include performance
requirements to ensure that electronic on-board
recorders-</DELETED>
<DELETED>    (i) are linked with vehicle engine
and transmission functions and electronic
control modules;</DELETED>
<DELETED>    (ii) accurately record commercial
driver hours of service;</DELETED>
<DELETED>    (iii) provide real-time tracking
of driver and vehicle location; and</DELETED>
<DELETED>    (iv) are tamper-proof.</DELETED>
<DELETED>    (2) Applicability.--The regulations prescribed
under paragraph (1) shall apply to all such motor coaches
beginning on the date that is 3 years after the date of
enactment of this Act.</DELETED>
<DELETED>    (b) Event Data Recorders.--</DELETED>
<DELETED>    (1) In general.--Not later than 1 year after the
date of enactment of this Act, the Secretary shall prescribe
performance requirements for 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 motor coaches used by
motor carriers in interstate commerce. 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, as a baseline specification
but shall require additional information or other performance
requirements as appropriate for such motor coaches.</DELETED>
<DELETED>    (2) Applicability.--The regulations prescribed
under paragraph (1) shall apply to all motor coaches used by
motor carriers in interstate commerce beginning on the date
that is 5 years after the date of enactment of this
Act.</DELETED>
<DELETED>    (c) Combined Technology.--Except as otherwise required by
the Secretary, the requirements of subsections (a) and (b) may be
combined in a single technology.</DELETED>
<DELETED>    (d) Commercial Motor Vehicle Tires.--</DELETED>
<DELETED>    (1) Commercial motor vehicle tire pressure
monitoring systems.--</DELETED>
<DELETED>    (A) Not later than 2 years after the date
of enactment of this Act, the Secretary shall issue
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.</DELETED>
<DELETED>    (B) The regulations prescribed by the
Secretary under this section shall include performance
requirements to ensure that direct tire pressure
monitoring systems are capable of peforming-</DELETED>
<DELETED>    (i) at all times when the ignition
locking system is in the ``On''
position;</DELETED>
<DELETED>    (ii) at all vehicle
speeds;</DELETED>
<DELETED>    (iii) on all road
surfaces;</DELETED>
<DELETED>    (iv) during all weather
conditions;</DELETED>
<DELETED>    (v) after a repair or other
service is performed on a tire; and</DELETED>
<DELETED>    (vi) on spare tires.</DELETED>
<DELETED>    (2) Commercial motor vehicle retreaded tires.--Not
later than 3 years after the date of enactment of this Act, the
Secretary shall establish a performance standard for retreaded,
regrooved, or otherwise remanufactured commercial motor vehicle
tires that ensures that such tires achieve a level of safety
performance that is at least equivalent to the safety
performance of new commercial motor vehicle tires.</DELETED>

<DELETED>SEC. 10. COMMERCIAL MOTOR VEHICLE SAFETY INSPECTION
PROGRAMS.</DELETED>

<DELETED>    (a) In General.--Section 31142 of title 49, United States
Code, is amended by striking subsections (a) and (b) and inserting the
following:</DELETED>
<DELETED>    ``(a) Annual Safety Inspection Program.--</DELETED>
<DELETED>    ``(1) Program required.--In order to receive a
grant pursuant to section 31102 of this title, a State shall
conduct an annual safety inspection program for commercial
motor vehicles, including motor carriers transporting not fewer
than 9 and not more than 15 passengers (including a driver),
that receives approval from the Secretary pursuant to paragraph
(3).</DELETED>
<DELETED>    ``(2) Inspection of safety equipment.--A
commercial motor vehicle inspected under a program established
pursuant to paragraph (1) is required to pass an inspection
conducted by the State in which the vehicle is registered, of
all safety equipment required under the regulations prescribed
under section 31136 of this title.</DELETED>
<DELETED>    ``(3) Periodic review of state safety inspection
programs.--Not less frequently than once every 3 years, the
Secretary shall review and approve or disapprove each State's
safety inspection program established pursuant to paragraph
(1).</DELETED>
<DELETED>    ``(b) Regulations for Inspection of Vehicles and Record
Retention.--</DELETED>
<DELETED>    ``(1) In general.--The Secretary shall prescribe
regulations on Government standards for--</DELETED>
<DELETED>    ``(A) inspection of commercial motor
vehicles under programs established pursuant to
subsection (a); and</DELETED>
<DELETED>    ``(B) retention by employers of records of
such an inspection.</DELETED>
<DELETED>    ``(2) Authority.--Regulations prescribed under
this subsection are treated as regulations prescribed under
section 31136 of this title.''.</DELETED>
<DELETED>    (b) Condition on State Grants.--Section 31102(d) such
title is amended to read as follows:</DELETED>
<DELETED>    ``(d) Continuous Evaluation of Plans.--</DELETED>
<DELETED>    ``(1) In general.--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.--</DELETED>
<DELETED>    ``(2) Approval of annual commercial motor vehicle
inspection programs.--If, under paragraph (3) of section
31142(a) of this title, the Secretary disapproves of an annual
safety inspection program of a State established pursuant to
paragraph (1) of such section 31142(a), the Secretary shall
withdraw approval of the plan of such State and notify the
State.</DELETED>
<DELETED>    ``(3) Effective date of plan disapproval.--A State
plan stops being effective under this subsection when notice is
received by the State under this subsection.</DELETED>
<DELETED>    ``(4) Judicial review.--A State adversely affected
by a withdrawal of approval under this subsection may seek
judicial review under chapter 7 of title 5.</DELETED>
<DELETED>    ``(5) Retention of jurisdiction.--Notwithstanding
a withdrawal of approval under this subsection, 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.''.</DELETED>
<DELETED>    (c) Effective Date.--The amendments made by this section
shall take effect 1 year after the date of enactment of this
Act.</DELETED>

<DELETED>SEC. 11. REGULATIONS.</DELETED>

<DELETED>    Any standard or regulation prescribed or modified pursuant
to this Act shall be done in accordance with section 553 of title 5,
United States Code.</DELETED>

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This Act may be cited as the ``Motorcoach
Enhanced Safety Act of 2009''.
(b) Table of Contents.--The table of contents for this Act is as
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Regulations for improved occupant protection and motorcoach
crash avoidance.
Sec. 4. Standards for improved fire safety.
Sec. 5. Occupant protection and collision avoidance research.
Sec. 6. New entrants.
Sec. 7. Reincarnated carriers.
Sec. 8. Improved oversight of providers of motorcoach services and of
other motorcoach carriers of passengers.
Sec. 9. Motorcoach driver training.
Sec. 10. Improved testing for the commercial driver's license passenger
endorsement.
Sec. 11. Improved physical fitness oversight and commercial driver
medical certificates.
Sec. 12. Safety and enforcement technology for motorcoaches.
Sec. 13. Safety inspection program for commercial motor vehicles of
passengers.
Sec. 14. Distracted driving.
Sec. 15. Motorcoach rental or leasing companies.
Sec. 16. Regulations.

SEC. 2. DEFINITIONS

In this Act:
(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.
(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 enactment of this
Act).
(3) Commercial motor vehicle.--Except as otherwise
specified, the term ``commercial motor vehicle'' has the
meaning given such term in section 31132(1) of title 49, United
States Code.
(4) Direct tire pressure monitoring system.--The term
``direct tire pressure monitoring system'' means a tire
pressure monitoring system, as that term is 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.
(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.
(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.
(7) Motor carrier.--The term ``motor carrier'' means--
(A) a motor carrier, as defined in section
13102(14) of title 49, United States Code; or
(B) a motor private carrier, as defined in section
13102(15) of such title.
(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), but does not include the
following:
(A) Buses used in public transportation provided by
a State or local government.
(B) School buses, including multifunction school
activity buses.
(9) Motorcoach services.--The term ``motorcoach services''
means passenger transportation by motorcoach for compensation.
(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
enactment of this Act).
(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.
(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.
(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.
(15) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.

SEC. 3. REGULATIONS FOR IMPROVED OCCUPANT PROTECTION AND MOTORCOACH
CRASH 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 regulations as follows:
(1) Safety belts.--The Secretary shall require safety belts
to be installed in motorcoaches at each designated seating
position.
(2) Roof strength and crush resistance.--The Secretary
shall establish 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 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.
(4) 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.
(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
commercial motor vehicle tire regulations as follows:
(1) Commercial motor vehicle tire pressure monitoring
systems.--
(A) The Secretary shall issue 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.
(B) The regulations prescribed by the Secretary
under this section shall include performance
requirements to ensure that direct tire pressure
monitoring systems are capable of peforming--
(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.
(2) Tire performance standard.--The Secretary shall upgrade
performance standards for tires used on motorcoaches, including
an enhanced endurance test and a new high-speed performance
test.
(c) Application of Regulations.--
(1) New motorcoaches.--A regulation prescribed in
accordance with subsection (a) or (b) 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.
(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 an assessment
with respect to safety belt retrofits no later than 2 years
after the date of enactment of this Act.

SEC. 4. STANDARDS FOR IMPROVED FIRE SAFETY.

(a) Evaluations.--Within 18 months after the date of enactment of
this Act, the Secretary shall complete an evaluation of the following:
(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.
(2) Smoke suppression.--The Secretary shall review Federal
motor vehicle safety standard number 302 (49 C.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.
(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.
(4) Passenger evacuation.--The Secretary shall evaluate
requirements for motorcoaches to be equipped with the
following:
(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.
(B) Emergency interior lighting.--Emergency
interior lighting systems, including luminescent or
retroreflectorized delineation of evacuation paths and
exits, that are triggered by a crash or other emergency
incidents to accomplish more rapid and effective
evacuation of passengers.
(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.
(b) Performance Requirements.--Not later than 3 years after the
date of 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).

SEC. 5. OCCUPANT PROTECTION AND COLLISION AVOIDANCE RESEARCH.

(a) Safety Research Initiatives.--Not later than 2 years after the
date of enactment of this Act, the Secretary shall complete research on
the following:
(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.
(2) Interior impact protection.--Enhanced occupant impact
protection standards for motorcoach interiors to reduce
substantially serious injuries for all passengers of
motorcoaches.
(3) Collision avoidance systems.--Forward and lateral crash
warning systems applications for motorcoaches.
(b) Standards and Regulations.--Not later than 2 years after the
completion of each research initiative required by subsection (a), the
Secretary shall issue a standard or regulation based on the results of
that research.

SEC. 6. NEW ENTRANTS.

(a) Registration Requirements.--Section 13902(b) of title 49,
United States Code, is amended by redesignating paragraphs (1) through
(8) as paragraphs (2) through (9), respectively, and inserting before
paragraph (2), as redesignated, the following:
``(1) Additional registration requirements for providers or
motorcoach services--In addition to meeting the requirements of
subsection (a)(1), the Secretary may register a person to
provide motorcoach services only after that person--
``(A) undergoes a pre-authorization safety audit,
including verification, in a manner sufficient to
demonstrate the ability to comply with Federal rules
and regulations, of--
``(i) a drug and alcohol testing program
consistent with part 40 of title 49, Code of
Federal Regulations;
``(ii) the carrier's system of compliance
with hours-of-service rules, including hours-
of-service records;
``(iii) the ability to obtain required
insurance;
``(iv) driver qualifications, including the
validity of the commercial driver's license of
each driver who will be operating under such
authority;
``(v) disclosure of common ownership,
common control, common management, common
familial relationship, or other corporate
relationship with another motor carrier or
applicant for motor carrier authority over the
past 3 years;
``(vi) records of the State inspections, or
of a Level I or V Commercial Vehicle Safety
Alliance Inspection, for all vehicles that will
be operated by the carrier;
``(vii) safety management programs,
including vehicle maintenance and repair
programs; and
``(viii) the ability to comply with the
Americans with Disabilities Act of 1990 (42
U.S.C. 12101 et seq.) and the Over-the-Road Bus
Transportation Accessibility Act of 2007 (49
U.S.C. 10101 note);
``(B) has been interviewed to review safety
management controls and the carrier's written safety
oversight policies and practices; and
``(C) has demonstrated, through the successful
completion of a written examination developed by the
Secretary, proficiency to comply with and carry out the
requirements and regulations described in subsection
(a)(1).''.
(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 within the first 18 months after the owner or
operator, as the case may be, begins operations under
such registration.
``(B) Providers of motorcoach services.--Safety
reviews of owners and operators registered as providers
of motorcoach services shall be conducted within the
first 9 months after the owner or operator, as the case
may be, begins operations under such registration.
``(2) Pre-authorization safety audit.--The pre-
authorization safety audit required by paragraph (1)(A) shall
be completed on-site no later than 90 days following the
submission of an application for operating authority.''
(c) Effective Date.--The amendments made by this section shall take
effect 1 year after the date of enactment of this Act.

SEC. 7. REINCARNATED CARRIERS.

(a) Denial, Suspension, Amendment, or Revocation of Registration.--
Section 13905(d)(1) of title 49, United States Code, is amended--
(1) by striking ``registration; and'' and inserting
``registration;'';
(2) by striking ``penalty.'' and inserting ``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.''.
(b) Procedure.--Section 13905(e)(1) of such title is amended by
striking ``registrant'' and inserting ``registrant, or if the Secretary
determines that the registrant has failed to disclose a material fact
in its application for registration in accordance with subsection
(d)(1)(C),''.
(c) Duties of Employers and Employees.--Section 31135 of such title
is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following:
``(d) Avoiding Compliance.--Two or more employers shall not use
common ownership, common management, common control, or common familial
relationship to enable any or all such employers to avoid compliance,
or mask or otherwise conceal non-compliance, or a history of
noncompliance, with commercial motor vehicle safety regulations issued
under this subchapter, chapter 315, or an order of the Secretary issued
under this subchapter, chapter 315, or such regulations. If the
Secretary determines that actions described in the preceding sentence
have occurred, the Secretary shall deny, suspend, amend, or revoke all
or part of any such employer's registration under section 13905, and
shall take into account such noncompliance for purposes of determining
civil penalty amount under section 521(b)(2)(D).''.

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

(a) In General.--Section 31144 of title 49, United States Code, is
amended by adding at the end the following:
``(h) Periodic Safety Reviews of Providers of Motorcoach
Services.--
``(1) Safety review.--Not later than 3 years after the date
of the enactment of the Motorcoach Enhanced Safety Act of 2009,
the Secretary shall determine the safety fitness of each
provider of motorcoach services registered with the Federal
Motor Carrier Safety Administration and assign a safety fitness
rating to each such provider.
``(2) Periodic review.--The Secretary shall establish a
process, by regulation, for monitoring the safety performance
of each provider of motorcoach services on a regular basis
following the assignment of a safety fitness rating, including
progressive intervention to correct unsafe practices.
``(3) Enforcement strike forces.--In addition to the
enhanced monitoring and enforcement actions required under
paragraph (2), the Secretary may organize special enforcement
strike forces targeting providers of motorcoach services, when
and where the Secretary considers appropriate.
``(4) Periodic update of safety fitness rating.--As part of
the safety review required by this subsection, the Secretary
shall reassess such rating no less frequently than every 3
years.
``(5) Motorcoach services defined.--In this subsection, the
term `provider of motorcoach services' has the meaning provided
such term in section 2 of the Motorcoach Enhanced Safety Act of
2009.''
(b) Revision of Safety Fitness Rating Methodology.--Not later than
one year after the date of enactment of this Act, the Secretary shall
revise the safety fitness rating methodology of the Department of
Transportation established pursuant to section 31144 of title 49,
United States Code, to meet the goals of the safety recommendation H-
99-6 of the National Transportation Safety Board issued February 26,
1999.
(c) High Risk Carrier Compliance Reviews.--The second sentence of
section 4138 of Public law 109-59 (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.''.

SEC. 9. MOTORCOACH DRIVER TRAINING.

(a) Establishment of Training Curriculum.--
(1) In general.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall establish, by
regulation, minimum curricular requirements for entry-level
drivers of motorcoaches and drivers upgrading from one class of
commercial driver's license to another, to be adopted by public
and private schools and motor carriers and motorcoach operators
that provide training for such drivers.
(2) Curricular requirements.--The curricular requirements
under paragraph (1) shall include the following:
(A) Classroom and behind-the-wheel instruction that
is adequate for training entry-level drivers of
motorcoaches and drivers upgrading from one class of
commercial driver's license to another to safely
operate motorcoaches and respond effectively to
emergency situations.
(B) Instruction in advanced knowledge and skills
that are necessary to operate motorcoaches safely,
including knowledge and skills necessary--
(i) to suppress motorcoach fires; and
(ii) to evacuate passengers from
motorcoaches safely.
(b) Training Required.--
(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.
(2) Certificate required.--The Secretary shall require
that--
(A) each trainer of a driver seeking a commercial
driver's license passenger endorsement to issue a
certificate to the trainee and the appropriate State
licensing authority certifying that the trainee has
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 State licensing authority;
(C) the State licensing authority to compare the
certificate presented by the applicant with the
certificate provided by the driver training school; and
(D) the State licensing authority to refuse to
administer the test if the certificates are not the
same.
(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 enactment of this Act, the Secretary shall submit a
report to the Senate Committee on Commerce, Science, and Transportation
and the House of Representatives Committee on Energy and Commerce on
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).

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 6 months after the date of
enactment of this Act, the Secretary shall issue a final rule
in Docket No. FMCSA 2007-27659: Commercial Driver's License
Testing and Commercial Learner's Permit Standards that improves
the quality and stringency of the examination for the
commercial driver's license passenger-carrying endorsement. The
final rule shall require--
(A) a more stringent knowledge test than the test
in effect on the day before the date of enactment of
this Act; and
(B) 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 enactment of this Act.
(2) Consultation.--The Secretary shall consult with the
American Association of Motor Vehicle Administrators in
carrying out paragraph (1).
(b) Modification of Requirements for Commercial Driver's License
Passenger-Carrying Endorsement.--The Secretary shall establish by
regulation a requirement that a driver--
(1) shall have a commercial driver's license passenger-
carrying endorsement in order to operate a commercial motor
vehicle (as defined in section 31301(4) of title 49, United
States Code) and transport not less than 9 and not more than 15
passengers (including a driver) in interstate commerce; and
(2) shall have been tested in accordance with a drug and
alcohol testing program consistent with part 40 of title 49,
Code of Federal Regulations.

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--
(1) by inserting ``(A)'' after ``recommendations on'';
(2) by striking ``research.'' and inserting ``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.''.
(b) Examination Requirements for Listing in the National Registry
of Medical Examiners.--Section 31149(c)(1)(D) of title 49, United
States Code, is amended to read as follows:
``(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;''.
(c) Medical Examination Form Comparisons.--Not later than 18 months
after the date of enactment of this Act, the Secretary shall require by
regulation that each time a medical examiner 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, such
medical examiner shall submit to the appropriate State licensing agency
the form for such examination required by section 391.43(f) of such
title (as in effect on the day before the date of enactment of this
Act).
(d) State Plan Requirement.--Section 31102(b) of title 49, United
States Code, is amended--
(1) by striking ``and'' after the semicolon in subparagraph
(W);
(2) by striking ``stop.'' in subparagraph (X) and inserting
``stop; and''; and
(3) by adding at the end the following:
``(Y) requires State licensing authorities to
compare the forms they receive pursuant to section
11(c) of the Motorcoach Enhanced Safety Act of 2009
with the medical examiner's certificate required by
section 391.43(g) of title 49, Code of Federal
Regulations (as in effect on the day before the date of
enactment of that Act), to determine the accuracy and
validity of the information contained in such forms and
certificates.''.
(e) Additional Oversight of Licensing Authorities.---
(1) In general.--Section 31149(c)(1) of title 49, United
States Code, is amended--
(A) by striking ``basis; and'' in subparagraph (E)
and inserting ``basis;'';
(B) by striking ``certification.'' in subparagraph
(F) and inserting ``certification; and''; and
(C) by adding at the end the following:
``(G) each year, review the licensing authorities
of 10 States to assess the accuracy, validity, and
timeliness of physical examination reports and medical
certificates submitted by certified medical examiners
to such State licensing agencies and the processing of
such submissions by the licensing authorities.''.
(2) Internal oversight policy.--
(A) In general.--Not later than 1 year after the
date of 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 of subparagraph (G) of such section
31149(c)(1), as added by paragraph (1).
(B) Effective date.--The requirement of
subparagraph (G) of section 31149(c)(1) of title 49,
United States Code, shall take effect on the date that
the oversight policies and processes are established
pursuant to subparagraph (A).
(f) Deadline for Establishment of National Registry of Medical
Examiners.--Not later than 6 months after the date of enactment of this
Act, the Secretary shall establish a national registry of medical
examiners as required by section 31149(d)(1) of title 49, United States
Code.

SEC. 12. SAFETY AND ENFORCEMENT TECHNOLOGY FOR MOTORCOACHES.

(a) Electronic On-Board Recorders.--
(1) In general.--
(A) Not later than 1 year after the date of
enactment of this Act, the Secretary shall prescribe
regulations requiring that all motorcoaches used by a
motor carrier in interstate commerce be equipped with
electronic on-board recorders.
(B) The regulations prescribed by the Secretary
under this section shall include performance
requirements to ensure that electronic on-board
recorders-
(i) accurately record commercial driver
hours of service;
(ii) allow tracking of driver and vehicle
location; and
(iii) are tamper resistant.
(2) Applicability.--The regulations prescribed under
paragraph (1) shall apply to all such motorcoaches beginning on
the date that is 2 years after the date on which the regulation
is published as a final rule.
(b) Event Data Recorders.--
(1) Evaluation.--Not later than 1 year after the date of
enactment of this Act, the Secretary 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. 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.--Within 1 year after
completing the evaluation required by paragraph (1), the
Secretary shall issue standards and regulations based on the
results of that evaluation.

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

Not later than 3 years after the date of 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 the risks associated with improperly
maintained or inspected commercial motor vehicles designed or
used to transport passengers;
(2) an assessment of the effectiveness of current Federal
standards for the inspection of such vehicles in mitigating the
risks described in paragraph (1) and to ensure the safe and
proper operation condition of such vehicles; and
(3) an assessment of the costs and benefits of a mandatory
State inspection program.

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:
``31152. Regulation of the use of distracting devices in motorcoaches
``(a) In General.--No later than 1 year after the enactment of the
Motorcoach Enhanced Safety Act of 2009, the Secretary of Transportation
shall prescribe regulations on the use of electronic or wireless
devices, including cell phones and other distracting devices, by an
individual employed as the operator of a motorcoach (as defined in
section 2(8) of that Act).
``(b) Basis for Regulations.--The Secretary shall base the
regulations required by subsection (a) on accident data analysis, the
results of ongoing research, and other information, as appropriate.
``(c) Prohibited Use.--The Secretary shall prohibit the use of such
devices in circumstances in which the Secretary determines that their
use interferes with the driver's safe operation of a motorcoach (as so
defined).
``(d) Permitted Use.--Under the regulations, the Secretary may
permit the use of a device, the use of which is prohibited under
subsection (c), if the Secretary determines that such use is necessary
for the safety of the driver or the public in emergency
circumstances.''.
(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:

``31152. Regulation of the use of distracting devices in
motorcoaches''.

SEC. 15. MOTORCOACH RENTAL OR LEASING COMPANIES.

Paragraph (3) of section 31132 of title 49, United States Code, is
amended to read as follows:
``(3) ``employer''--
``(A) means a person engaged in a business
affecting interstate commerce that--
``(i) owns or leases a commercial motor
vehicle in connection with that business, or
assigns and employee to operate it; or
``(ii) offers for rent or lease motor
vehicles designed or used to transport more
than 15 passengers, including the driver, and
from the same location or as part of the same
business provides names or contact information
of drivers, or holds itself out to the public
as a charter bus company; but
``(B) does not include an individual who is an
employee of the United States Government, a State, or a
political subdivision of a State acting in the course
of that individual's employment as such an employee.''.

SEC. 16. REGULATIONS.

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.
Calendar No. 419

111th CONGRESS

2d Session

S. 554

[Report No. 111-202]

_______________________________________________________________________

A BILL

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

_______________________________________________________________________

June 8, 2010

Reported with an amendment