Motor Carrier Safety Selection Standard Act of 2024
Sponsored By: Representative Stauber
In Committee
Summary
Creates a national pre-shipment verification standard for negligent selection of motor carriers. It would require most shippers, brokers, and other contracting entities to confirm registration, insurance, and safety fitness before shipment and ties that standard to a forthcoming FMCSA safety-fitness rule.
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- Contracting entities such as shippers/consignees, brokers, freight forwarders, ocean transportation intermediaries, indirect air carriers with TSA-approved security programs, customs brokers, and motor carriers registered under 49 U.S.C. § 13902 would need to verify FMCSA registration, minimum insurance required by law, and a safety fitness confirmation to avoid negligent selection liability.
- Individual shippers moving household goods would be exempt and would be treated as reasonable and prudent without performing the verification.
- The Department of Transportation would have to promulgate a Safety Fitness Rule within one year to standardize fitness determinations, create a public confirmation that a carrier is authorized or not, and the pre-shipment verification standard would sunset once that rule takes effect. The act preserves State drayage laws.
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Bill Overview
Analyzed Economic Effects
4 provisions identified: 2 benefits, 0 costs, 2 mixed.
New federal truck safety rule in one year
If enacted, the U.S. Department of Transportation would have one year to issue a new carrier safety fitness rule. The rule would use all available data and set a process to declare carriers not fit under federal law. It would include the verification and public confirmation pieces described above. When the rule takes effect, the temporary pre-shipment check standard would sunset.
New carrier checks for shippers and brokers
If enacted, some shippers, brokers, and similar firms would need to check a carrier before shipping. Within 45 days before pickup or by the ship date, they would verify federal registration, required insurance, and a federal safety confirmation. The public confirmation would say the carrier is confirmed to operate or not confirmed because it fails one or more rules. Doing these checks would make their carrier choice reasonable in negligent-selection cases. This applies to defined covered entities like shippers, brokers, freight forwarders, some ocean and air intermediaries, customs brokers, and registered carriers; individual shippers are not covered. This verification defense would end when new federal safety rules take effect.
Individual shippers skip carrier checks
If enacted, people shipping their own goods would not have to do the carrier checks. If you can show you hired a covered motor carrier, you would be treated as reasonable in picking that carrier. This applies to negligent-selection claims and does not apply to businesses.
State port trucking rules stay in place
If enacted, the bill would not override state drayage rules. States could keep their own port trucking (drayage) laws and penalties. Rules could still differ by state.
Sponsors & CoSponsors
Sponsor
Stauber
MN • R
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
No roll call votes available for this bill.
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