,i  #aaith ,,congress  #ast ,session    
,h4 ,r4 #eccg  ,,in ,,the ,,house ,,of  
,,representatives  ,september #aa1      
#bjbe,mr4 ,stauber introduced the       
following bill2 which was referred to   
the ,committee on ,transportation and   
,infrastructure  ,a ,,bill  ,to         
establish a national motor carrier      
safety selection standard for entities  
that contract with certain motor        
carriers to transport goods1 and for    
other purposes4  #a4 ,short title ,this 
,act may be cited as the ,motor ,carrier
 ,safety ,selection ,standard ,act of   
#bjbd4  #b4 ,motor carrier selection    
standard of care  7a7 ,selection        
standard  7#a7 ,in general ,for any     
claim of negligent selection of a motor 
carrier against a covered entity with   
respect to the covered entity           
contracting with a covered motor carrier
 for the shipment of goods or household 
goods1 the covered entity shall be      
considered reasonable and prudent in the
 selection of that covered motor carrier

 if1 not later than the date of shipment
 and not earlier than #de days before   
that date1 the covered entity verifies  
that the covered motor carrier-- 7,a7 is
 registered under section #acijb of     
title #di1 ,united ,states ,code1 as a  
motor carrier or a household goods motor
 carrier2  7,b7 has at least the minimum
 insurance coverage required by ,federal
 and ,state law2 and  7,c7 has been     
confirmed by the ,federal ,motor        
,carrier ,safety ,administration1       
including through a public confirmation 
described in subsection 7c77#a71 to be  
in compliance with all required ,federal
 ,motor ,carrier ,safety ,administration
 safety standards to operate as a motor 
carrier4  7#b7 ,sunset ,paragraph 7#a7  
shall cease to be effective on the      
effective date of a regulation          
promulgated under subsection 7c77#a74   
7b7 ,public confirmation ,the public    
confirmation described in paragraph     
7#a77;,c7 shall include #a of the       
following statements1 depending on the  

status of the motor carrier3 7#a7 ,this 
motor carrier is confirmed to meet all  
operating requirements of the ,federal  
,motor ,carrier ,safety ,administration 
7,,fmcsa7 and is authorized to operate  
on the nation's roadways44  7#b7 ,this  
motor carrier is not confirmed to       
operate on the nation's roadways and    
fails to meet #a or more requirements of
 the ,federal ,motor ,carrier ,safety   
,administration 7,,fmcsa7 to operate as 
a motor carrier44  7c7 ,safety fitness  
rule  7#a7 ,rulemaking ,not later than  
#a year after the date of enactment of  
this ,act1 the ,secretary shall         
promulgate final regulations amending   
appendix ,b to part #che of title #di1  
,code of ,federal ,regulations 7or a    
successor regulation71 to revise the    
methodology for issuance of motor       
carrier safety fitness determinations4  
7#b7 ,considerations ,in promulgating   
the regulations under paragraph 7#a71   
the ,secretary shall consider the use of
 all available data to determine the    

fitness of a motor carrier4  7#c7       
,factors for an unfit determination ,the
 regulations promulgated under paragraph
 7#a7 shall provide a procedure for the 
,secretary to determine whether a motor 
carrier is not fit to operate a         
commercial motor vehicle in or affecting
 interstate commerce in accordance with 
section #caadd of title #di1 ,united    
,states ,code4  7#d7 ,requirement ,the  
regulations promulgated under paragraph 
7#a7 shall include the requirements     
described in subsections 7a77#a7 and    
7b74  7d7 ,exemption for individual     
shippers ,for any claim of negligent    
selection of a motor carrier against a  
person acting as an individual shipper  
with respect to that person contracting 
with a covered motor carrier for the    
shipment of goods or household goods1   
that person shall1 on demonstration that
 the person contracted with a covered   
motor carrier1 be considered reasonable 
and prudent in the selection of that    
covered motor carrier without having to 

satisfy any of the requirements         
described in subsection 7a77#a7 7or any 
similar requirement in the regulations  
promulgated under subsection 7c77#a774  
7e7 ,savings clause ,nothing in this    
,act preempts or supersedes any ,state  
law 7including regulations7 relating to 
drayage4  7f7 ,definitions ,in this     
section3 7#a7 ,covered entity  7,a7 ,in 
general ,the term covered entity means a
 person acting as-- 7i7 except as       
provided in subparagraph 7,b71 a shipper
 or consignee of goods2  7ii7 a broker1 
a freight forwarder1 or a household     
goods freight forwarder 7as those terms 
are defined in section #acajb of title  
#di1 ,united ,states ,code72  7iii7 an  
ocean transportation intermediary 7as   
defined in section #djajb of title #df1 
,united ,states ,code71 when arranging  
for inland transportation as part of an 
international through movement involving
 ocean transportation between the       
,united ,states and a foreign port2     
7iv7 an indirect air carrier holding a  

,standard ,security ,program approved by
 the ,transportation ,security          
,administration1 only to the extent that
 the person acting as an indirect air   
carrier is engaging in-- 7,i7 activities
 as an air carrier 7as defined in       
section #djajb of title #di1 ,united    
,states ,code72 or  7,,ii7 air commerce 
7as defined in that section72  7v7 a    
customs broker licensed in accordance   
with section #aaa4b of title #ai1 ,code 
of ,federal ,regulations 7or a successor
 regulation71 only to the extent that   
the person acting as a customs broker is
 engaging in-- 7,i7 a movement under a  
customs bond2 or  7,,ii7 a transaction  
involving customs business 7as defined  
in section #aaa4a of that title 7or a   
successor regulation772 or  7vi7 a motor
 carrier registered under chapter #aci  
of title #di1 ,united ,states ,code4    
7,b7 ,exclusion ,the term covered entity
 does not include a person acting as an 
individual shipper4  7#b7 ,covered motor
 carrier ,the term covered motor carrier

 means a motor carrier or a household   
goods motor carrier that is subject to  
,federal motor carrier financial        
responsibility and safety regulations1  
except for motor carriers that operate  
commercial motor vehicles of passengers1
 as defined in section #caaja7a77;,b7 of
 #di1 ,united ,states ,code4  7#c7      
,household goods ,the term household    
goods has the meaning given the term in 
section #acajb of title #di1 ,united    
,states ,code4  7#d7 ,household goods   
motor carrier ,the term household goods 
motor carrier has the meaning given the 
term in section #acajb of title #di1    
,united ,states ,code4  7#e7 ,individual
 shipper ,the term individual shipper   
has the meaning given the term in       
section #acajb of title #di1 ,united    
,states ,code4  7#f7 ,motor carrier ,the
 term motor carrier has the meaning     
given the term in section #acajb of     
title #di1 ,united ,states ,code1 except
 for motor carriers that operate        
commercial motor vehicles of passengers1

 as defined in section #caaja7a77;,b7 of
 #di1 ,united ,states ,code4  7#g7      
,secretary ,the term ,secretary means   
the ,secretary of ,transportation4