Transportation and Logistics Hiring Reform Act of 2017
This bill establishes a national hiring standard for motor carriers.
The bill defines an"entity" as a person acting as:
Before tendering a shipment, but not more than 35 days before the pickup of a shipment by the hired motor carrier, an entity shall verify that the carrier:
Only evidence of an entity's compliance with this bill may be admitted as evidence in a civil action for damages resulting from a case or proceeding in which it is alleged that such entity's selection or retention of a motor carrier was negligent. No other motor carrier data created or maintained by the FMCSA, including safety measurement system data or analysis of such data, may be admitted in such case or proceeding.
[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1568 Introduced in House (IH)]
<DOC>
115th CONGRESS
1st Session
H. R. 1568
To enhance interstate commerce by creating a national hiring standard
for motor carriers, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 16, 2017
Mr. Duncan of Tennessee (for himself, Mr. Rodney Davis of Illinois, Mr.
Rouzer, and Mr. Paulsen) introduced the following bill; which was
referred to the Committee on Transportation and Infrastructure
_______________________________________________________________________
A BILL
To enhance interstate commerce by creating a national hiring standard
for motor carriers, 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.
This Act may be cited as the ``Transportation and Logistics Hiring
Reform Act of 2017''.
SEC. 2. DEFINITIONS.
In this Act, the following definitions apply:
(1) Entity.--The term ``entity'' means a person acting as--
(A) a shipper, except for an individual shipper (as
such term is defined in section 13102 of title 49,
United States Code) or a consignee;
(B) a broker, a freight forwarder, or a household
goods freight forwarder (as such terms are defined in
section 13102 of title 49, United States Code);
(C) a non-vessel-operating common carrier, an ocean
freight forwarder, or an ocean transportation
intermediary (as such terms are defined in section
40102 of title 46, United States Code);
(D) an indirect air carrier authorized to operate
under a standard security program approved by the
Transportation Security Administration;
(E) a customs broker licensed in accordance with
section 111.2 of title 19, Code of Federal Regulations;
(F) an interchange motor carrier subject to
paragraphs (1)(B) and (2) of section 13902(i) of title
49, United States Code; or
(G) a warehouse (as defined in Article 7-102(13) of
the Uniform Commercial Code).
(2) Motor carrier.--The term ``motor carrier'' means a
motor carrier or a household goods motor carrier (as such terms
are defined in section 13102 of title 49, United States Code)
that is subject to Federal motor carrier financial
responsibility and safety regulations.
(3) State.--The term ``State'' means each of the 50 States,
a political subdivision of any such State, an intrastate
agency, any other political agency of two or more States, the
District of Columbia, American Samoa, the Commonwealth of the
Northern Mariana Islands, the Commonwealth of Puerto Rico,
Guam, and the Virgin Islands.
SEC. 3. NATIONAL HIRING STANDARDS FOR MOTOR CARRIERS.
(a) National Standard.--Before tendering a shipment, but not more
than 35 days before the pickup of the shipment by the hired motor
carrier, an entity shall verify that the motor carrier, at the time of
such verification--
(1) is registered with and authorized by the Federal Motor
Carrier Safety Administration to operate as a motor carrier or
household goods motor carrier, if applicable;
(2) has the minimum insurance coverage required by Federal
law; and
(3) does not have an unsatisfactory safety rating issued by
the Federal Motor Carrier Safety Administration in force and
has not otherwise been ordered by the Federal Motor Carrier
Safety Administration to discontinue operations.
(b) Intended Use of Data.--
(1) In general.--Only evidence of an entity's compliance
with subsection (a) may be admitted as evidence or otherwise
used in a civil action for damages resulting from a case or
legal proceeding in which it is asserted or alleged that an
entity's selection or retention of a motor carrier was
negligent.
(2) Excluded evidence.--All other motor carrier data
created or maintained by the Federal Motor Carrier Safety
Administration, including safety measurement system data or
analysis of such data, may not be admitted into evidence in a
case or legal proceeding described in paragraph (1).
SEC. 4. APPLICABILITY AND EFFECTIVE DATE.
Notwithstanding any other provision of law, this Act shall apply
with respect to any action commenced on or after the date of enactment
of this Act without regard to whether the harm that is the subject of
the action, or the conduct that caused the harm, occurred before such
date of enactment.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Transportation and Infrastructure.
Referred to the Subcommittee on Highways and Transit.
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