We Have a Highway Bill

Moving Ahead for Progress in the 21st Century

Knows as MAP-21

Signed into law by President ObamaJuly 7, 2013

We Have a Highway Bill

The 2012 Highway BillMAP-21

Marked up as 1950TITLE I—MOTOR VEHICLE AND

HIGHWAY SAFETY IMPROVEMENT ACT

OF 2012

Subtitle A—Commercial Motor Vehicle RegistrationSEC. 32101. REGISTRATION OF MOTOR CARRIERS.

1. Requires applicants to be fit Willing and able to comply with Federal Motor Carrier Safety Rules and Regulations as a pre-determination for registration

2. Applicant must disclosed any relationship involving commonownership, common management, common control, orcommon familial relationship between that person and anyother motor carrier, freight forwarder, or broker, or anyother applicant for motor carrier, freight forwarder, orbroker registration, if the relationship occurred in the 3year period preceding the date of the filing of the

application for registration;

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Subtitle A—Commercial Motor Vehicle Registration

SEC. 32101. REGISTRATION OF MOTOR CARRIERS.

3. May withhold, deny or suspend registration of an application that in the last 3 years was related to a motor carrier that had been found unfit, i.e. via common ownership, management, control or familial relationship. May suspend or revoke registration for failing to disclose this information

Index

Subtitle A—Commercial Motor Vehicle RegistrationSEC. 32101. REGISTRATION OF MOTOR CARRIERS.

4. Within 18 months will require applicants to pass a proficiency test of applicant’s knowledge of applicable safety regulations, standards, and orders of the Federal government.

Index

Subtitle A—Commercial Motor Vehicle RegistrationSEC. 32101. REGISTRATION OF MOTOR CARRIERS.

5. Require a registrant, including freight forwarders and brokersto update their registration under this section not later than 30 days after a change in address, other contact information, officers, process agent, or other essential information, as determined by the Secretary.

Index

Subtitle A—Commercial Motor Vehicle RegistrationSEC. 32101. REGISTRATION OF MOTOR CARRIERS.

INCREASED PENALTIES FOR OPERATING WITHOUT REGISTRATION

From $500 to $1,000 to $10,000 for each additional violation and $25,000 for the transportation of passengers.

Authority to revoke the registration of a motor carrier that has been determined to be an immanent hazard

Subtitle B—Commercial Motor VehicleSafety

Subtitle C—Driver Safety

SEC. 32301. HOURS OF SERVICE STUDY AND ELECTRONIC LOGGING DEVICES

Mandates EOBRs

Note: Amendment was introduced this week by Rep. Landry, R-La. saying that DOT cannot spend any money in Fiscal Year 2013 on GPS tracking, recording devices or event data recorders.

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TRANSPORTATION OF AGRICULTURAL COMMODITIES ANDFARM SUPPLIES.—

Exempts these operation from the hours of service regulations within 150 miles if conducted in the planting and harvesting season.

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SEC. 32102. SAFETY FITNESS OF NEW OPERATORS.

Requires New Entrant Audits within 12 months rather then the existing 18 month requirement

Passenger carriers to undergo a New Entrant Audit within120 days

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SEC. 32103. REINCARNATED CARRIERS..

Can amend, suspend or revoke a registration for failure to disclose affiliations with motor carriers that have previously beendetermined to be unfit

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SEC. 32106. REGISTRATION FEE SYSTEMSEC. 32107. REGISTRATION UPDATE

FMCSA can increase the registration fee from $300

Requires update registration within 30 days after a change in the registrant’s address, other contact information, officers, process agent, or other essential information, as determined by the Secretary.

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SEC. 32301. HOURS OF SERVICE STUDY AND ELECTRONIC LOGGING DEVICES.

Mandates EOBRs

Note: Amendment was introduced this week by Rep. Landry, R-La. saying that DOT cannot spend any money in Fiscal Year 2013 on GPS tracking, recording devices or event data recorders.

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SEC. 32302. DRIVER MEDICAL QUALIFICATIONS

Requires all drivers to electronically file a copyof their Medical Examiner’s certificate to their

State licensing agency

Require a National Medical Examiner’s Register

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SEC. 32303. COMMERCIAL DRIVER’S LICENSE NOTIFICATION SYSTEM

DRIVER RECORD NOTIFICATION SYSTEM – a driver record notification system that automatically furnishes an employer with a report, generated by the appropriate agency of a State, on the change in the status of an employee’s driver’s license due to a conviction for a moving violation, a failure to appear, an accident, driver’s license suspension, driver’s license revocation, or any other action taken against the driving privilege.’’.

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SEC. 32304. COMMERCIAL MOTOR VEHICLE OPERATOR TRAINING

Within 1 year establish minimum entry-level training requirements for an individual operating a commercial motor vehicle

Require trainers to demonstrate that their training meetsThe minimum requirements of the regulations

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SEC. 32307. EMPLOYER RESPONSIBILITIES..

Amend the regulations by changing knowinglyto knows or should reasonably know

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SEC. 32308. PROGRAM TO ASSIST VETERANS TO ACQUIRE COMMERCIAL DRIVER’S LICENSES.

Within 90 days

ACCELERATED LICENSING PROCEDURES

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Subtitle D—Safe Roads Act of 2012

SEC. 32402. NATIONAL CLEARINGHOUSE FOR CONTROLLED SUBSTANCE AND ALCOHOL TEST RESULTS OF COMMERCIAL

MOTOR VEHICLE OPERATORS.

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Subtitle E—Enforcement

SEC. 32501. INSPECTION DEMAND AND DISPLAY OF CREDENTIALS.

SEC. 32502. OUT OF SERVICE PENALTY FOR DENIAL OF ACCESS TO RECORDS.

SEC. 32503. PENALTIES FOR VIOLATION OF OPERATION OUT OF SERVICE ORDERS to $25,000

SEC. 32504. IMPOUNDMENT AND IMMOBILIZATION OF COMMERCIAL MOTOR VEHICLES FOR IMMINENT HAZARD.

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Subtitle E—Enforcement

SEC. 32505. INCREASED PENALTIES FOR EVASION OF REGULATIONS up to $7,500

SEC. 32506. VIOLATIONS RELATING TO COMMERCIAL MOTOR VEHICLE SAFETY REGULATION AND OPERATORS (removing ability to pay from the penalty provisions)

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SEPARATE REGISTRATION REQUIRED.—A motor carriermay not broker transportation services unless the motor carrierhas registered as a broker under this chapter

EXPERIENCE OR TRAINING REQUIREMENTS.—Each brokershall employ, as an officer, an individual who––‘‘(1) has at least 3 years of relevant experience; or‘‘(2) provides the Secretary with satisfactory evidence of theindividual’s knowledge of related rules, regulations, and industrypractices.’

Renew registration every 5 years

Increase financial responsibility from $10,000 to $75,000

Brokers

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PART I—MISCELLANEOUS

SEC. 32911. PROHIBITION OF COERCION

An operator of a commercial motor vehicle is not coercedby a motor carrier, shipper, receiver, or transportationintermediary to operate a commercial motor vehicle in violationof a regulation promulgated under this section

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SEC. 32603. AUTHORIZATION OF APPROPRIATIONS.

MCSAP $215,000,000 for fiscal year 2013

FMCSA - $251,000,000 for fiscal year 2013

Total 2013 – $466,000,000