S 2326
110th CONGRESS
1st Session
S. 2326
To improve the safety of motorcoaches, and for other purposes.
IN THE SENATE OF THE UNITED STATES
November 8, 2007
Mr. BROWN (for himself and Mrs. HUTCHISON) introduced the following
bill; which was read twice and referred to the Committee on Commerce,
Science, and Transportation
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,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title- This Act may be cited as the `Motorcoach Enhanced Safety
Act of 2007'.
(b) Table of Contents- The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 3. Regulations for improved occupant protection and motorcoach
crash avoidance.
Sec. 4. Study and report on improved bus crashworthiness and crash
avoidance.
Sec. 5. Improved oversight of providers of motorcoach services and
of other motor carriers of passengers.
Sec. 6. Motorcoach driver training.
Sec. 7. Improved commercial driver's license testing.
Sec. 8. Improved physical fitness oversight and commercial driver
medical certificates.
Sec. 9. Safety enforcement technology to reduce driver fatigue.
Sec. 10. Commercial motor vehicle safety inspection programs.
SEC. 2. DEFINITIONS.
(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 the enactment of this Act).
(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.
(4) MANUFACTURER- The term `manufacturer' has the meaning given such
term in section 30102(a) of title 49, United States Code.
(5) MOTOR CARRIER- The term `motor carrier' has the meaning given
such term in section 13102(14) of title 49, United States Code.
(6) 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.
(7) MOTORCOACH MANUFACTURER- The term `motorcoach manufacturer' means
a manufacturer that manufactures, assembles, or imports motorcoaches
for resale in the United States.
(8) MOTORCOACH SERVICES- The term `motorcoach services' means passenger
transportation by motorcoach for compensation.
(9) 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).
(10) 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.
(11) 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.
(12) PUBLIC TRANSPORTATION- The term `public transportation' has the
meaning given such term in section 5302(a)(10) of title 49, United
States Code.
(13) SAFETY BELT- The term `safety belt' has the meaning given such
term in section 153(i)(4)(B) of title 23, United States Code.
(14) SECRETARY- The term `Secretary' means the Secretary of Transportation.
SEC. 3. REGULATIONS FOR IMPROVED OCCUPANT PROTECTION AND MOTORCOACH
CRASH AVOIDANCE.
(a) Regulations Required 1 Year After the Date of the 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:
(1) SAFETY BELTS- The Secretary shall require safety belts be installed
in motorcoaches at each designated seating position.
(2) ANTI-EJECTION SAFETY COUNTERMEASURES- The Secretary shall require
motorcoaches have advanced glazing installed in each motorcoach portal
to prevent partial or complete ejection of passengers of motorcoaches,
including such passengers that are children.
(3) FIREFIGHTING EQUIPMENT- The Secretary shall require installation
in motorcoaches of improved firefighting equipment for the purpose
of effectively suppressing fires in motorcoaches to prevent passenger
deaths and injuries.
(b) Regulations Required 2 Years After the Date of the Enactment of
This Act- Not later than 2 years after the date of the enactment of
this Act, the Secretary shall prescribe regulations as follows:
(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.
(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.
(3) REDUCED ROLLOVER CRASHES- The Secretary shall require motorcoaches
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.
(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.
(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.
(6) SMOKE SUPPRESSION- The Secretary shall amend Federal motor vehicle
safety standard number 302 (49 CFR 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 the motorcoach.
(7) RESISTANCE TO FUEL SYSTEM FIRES- The Secretary shall amend Federal
motor vehicle safety standard number 301 (49 CFR 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.
(8) PASSENGER EVACUATION- The Secretary shall require motorcoaches
be equipped with the following:
(A) IMPROVED EMERGENCY EVACUATION DESIGNS- Improved emergency exit
window, door, and roof hatch designs to expedite access and use
by passengers of motorcoaches to ensure rapid evacuation from a
motorcoach 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.
(c) Regulations Required 3 Years After the Date of the Enactment of
This Act- Not later than 3 years after the date of the enactment of
this Act, the Secretary shall prescribe regulations as follows:
(1) ADAPTIVE CRUISE CONTROL- Require motorcoaches 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.
(2) AUTOMATIC FIRE SUPPRESSION- Require motorcoaches be equipped with
highly effective fire suppression systems that automatically respond
to and suppress all fires in such motorcoaches.
(d) Application of Regulations-
(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.
(2) RETROFIT SAFETY REQUIREMENTS FOR IN-SERVICE MOTORCOACHES-
(A) IN GENERAL- (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.
(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.
(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.
(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--
(i) 2 years after the effective date of such regulation; or
(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.
SEC. 4. STUDY AND REPORT ON IMPROVED BUS CRASHWORTHINESS AND CRASH
AVOIDANCE.
(a) Study- Not later than September 30, 2008, the Secretary shall complete
a study of the following, with respect to buses that are more than 10,000
pounds gross vehicle weigh rating (GVWR):
(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:
(A) Active and passive restraint systems.
(B) Enhanced passenger compartmentalization.
(C) Upper and lower interior occupant impact protection.
(D) Improved resistance to roof failures leading to deformation
and intrusion that result in occupant injury.
(E) Improved resistance to occupant partial and complete ejection.
(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.
(2) Crash avoidance improvements to reduce the number and severity
of bus crashes, including the following:
(A) Collision warning systems.
(B) Improved braking capabilities.
(C) Enhanced bus conspicuity.
(D) Increased resistance to loss-of-control crashes.
(E) Improved resistance to rollover crashes.
(3) Bus fire protection and passenger evacuation improvements, including
the following:
(A) Effective emergency exit design.
(B) Effective emergency evacuation of passengers.
(C) Effective manual and automated fire suppression systems.
(D) Increased vehicle resistance to fire propagation, including
both exterior and interior resistance to burning.
(E) Suppression of toxic smoke and vapors in bus fires.
(F) Resistance to bus fuel system fires.
(G) Training of bus operators in the use of firefighting equipment
and the safe evacuation of passengers.
(4) Such other occupant protection safety countermeasures as the Secretary
considers appropriate.
(b) Report- Not later than September 30, 2008, 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.
SEC. 5. IMPROVED OVERSIGHT OF PROVIDERS OF MOTORCOACH SERVICES AND
OF OTHER MOTOR 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 this subsection, the Secretary shall require, by regulation, each
provider of motorcoach services registered with the Federal Motor
Carrier Safety Administration on or after the date of the enactment
of this subsection to undergo a periodic safety review.
`(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.
`(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 than every 3 years.
`(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 2007.'
(b) Revision of Safety Audit System- Not later than September 30, 2008,
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 safety recommendation H-99-6 of
the National Transportation Safety Board issued February 26, 1999.
SEC. 6. MOTORCOACH DRIVER TRAINING.
(a) Establishment of Training Curriculum-
(1) IN GENERAL- Not later than 2 years after the date of the 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.
(2) CURRICULUM REQUIREMENTS- The training curriculum required by paragraph
(1) shall include the following:
(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.
(B) Instruction in advanced knowledge and skills that are necessary
to operate motorcoaches safely, including the knowledge and skills
necessary--
(i) to suppress motorcoach fires; and
(ii) to evacuate passengers from motorcoaches safely.
(1) IN GENERAL- The Secretary shall require each motorcoach driver
seeking a commercial driver's license (CDL) 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.
(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--
(A) successfully completed a motorcoach driver training course that
includes the curriculum established in accordance with subsection
(a); and
(B) received a passing grade for an examination at the culmination
of such training course.
(c) Report on Feasibility of Establishing a System of Certification
of Training Programs- Not later than September 30, 2008, 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).
SEC. 7. IMPROVED COMMERCIAL DRIVER'S LICENSE TESTING.
(a) Increased Stringency of Examination for Commercial Driver's License
Passenger-Carrying Endorsement-
(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--
(A) a more stringent knowledge test than the test in effect on the
day before the date of the enactment of this Act; and
(B) a more stringent examination of the driving skills necessary
to operate safely a commercial motor vehicle with passengers than
the examination of such skills in effect on the day before the date
of the enactment of this Act.
(2) COOPERATION- In prescribing the standards required by paragraph
(1), the Secretary shall cooperate with the American Association of
Motor Vehicle Administrators.
(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.
SEC. 8. IMPROVED PHYSICAL FITNESS OVERSIGHT AND COMMERCIAL DRIVER
MEDICAL CERTIFICATES.
(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:
`(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;'.
(b) Integration of Federal Medical Qualification Certificate and Commercial
Driver's License- Not later than 2 years after the date of the enactment
of this Act, the Secretary shall prescribe the regulations required
by section 215 of the Motor Carrier Safety Improvement Act of 1999 (49
U.S.C. 31305 note).
(c) Medical Examination Form Comparisons- Not later than 2 years after
the date of the enactment of this Act, the Secretary shall require by
regulation that--
(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 the enactment of this Act); and
(2) as a condition of approval of a State plan under section 31102(d)
of title 49, United States Code (as added by section 10(b)), State
licensing authorities 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 the enactment of this Act) to determine the accuracy
and validity of the information contained in such forms and certificates.
(d) Additional Oversight of Licensing Authorities-
(1) IN GENERAL- Section 31149(c)(1) of title 49, United States Code,
is amended--
(A) in subparagraph (E), by striking `basis; and' and inserting
`basis;';
(B) in subparagraph (F), by striking the period at the end and inserting
`; and'; and
(C) by adding at the end the following:
`(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.'.
(2) INTERNAL OVERSIGHT POLICY-
(A) IN GENERAL- Not later than 2 years 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 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).
(e) Deadline for Establishment of National Registry of Medical Examiners-
Not later than 1 year after the date of the enactment of this Act, the
Secretary shall establish the national registry of medical examiners
required by section 31149(d)(1) of title 49, United States Code.
(f) Additional Function of Medical Review Board- Section 31149(a)(1)
of title 49, United States Code, is amended to read as follows:
`(1) ESTABLISHMENT AND FUNCTION- The Secretary of Transportation shall
establish a Medical Review Board with the following functions:
`(A) Providing the Federal Motor Carrier Safety Administration with
medical advice and recommendations on medical standards and guidelines
for the following:
`(i) The physical qualifications of operators of commercial motor
vehicles.
`(ii) Medical examiner education.
`(B) Providing the Secretary with advice and recommendations concerning
the criteria to be used for evaluating medical examiners for admission
to the national registry established under this section.'.
SEC. 9. SAFETY ENFORCEMENT TECHNOLOGY TO REDUCE DRIVER FATIGUE.
(a) In General- Not later than 1 year after the date of the enactment
of this Act, the Secretary shall prescribe regulations requiring that
all commercial motor vehicles used by a motor carrier in interstate
commerce be equipped with electronic on-board recorders linked with
vehicle engine functions and electronic control modules that accurately
record commercial driver hours of service and provide real-time tracking
of driver and vehicle location.
(b) Applicability- The regulations prescribed under subsection (a) shall
apply to all commercial motor vehicles used by motor carriers in interstate
commerce beginning on the date that is 3 years after the date of the
enactment of this Act.
SEC. 10. COMMERCIAL MOTOR VEHICLE SAFETY INSPECTION PROGRAMS.
(a) In General- Section 31142 of title 49, United States Code, is amended
by striking subsections (a) and (b) and inserting the following:
`(a) Annual Safety Inspection Program-
`(1) PROGRAM REQUIRED- In order to receive a grant pursuant to section
31102 of this title, a State shall carry out an annual safety inspection
program for commercial motor vehicles, including motor carriers transporting
not less than 9 and not more than 15 passengers (including a driver),
that receives approval from the Secretary pursuant to paragraph (3).
`(2) INSPECTION OF SAFETY EQUIPMENT- A commercial motor vehicle inspected
under a program established pursuant to paragraph (1) is required
to pass an inspection of all safety equipment required under the regulations
prescribed under section 31136 of this title.
`(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 safety inspection program established pursuant
to paragraph (1).
`(b) Regulations for Inspection of Vehicles and Record Retention-
`(1) IN GENERAL- The Secretary shall prescribe regulations on Government
standards for--
`(A) inspection of commercial motor vehicles under programs established
pursuant to subsection (a); and
`(B) retention by employers of records of such an inspection.
`(2) AUTHORITY- Regulations prescribed under this subsection are treated
as regulations prescribed under section 31136 of this title.'.
(b) Condition on State Grants- Section 31102(d) of such title is amended
to read as follows:
`(d) Continuous Evaluation of Plans-
`(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.
`(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.
`(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.
`(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.
`(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.'.
(c) Effective Date- The amendments made by this section shall take effect
1 year after the date of the enactment of this Act.
SEC. 11. REGULATIONS.
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.
END
