“A bill to require the Federal Motor Carrier Safety Administration to implement a national employer notification service.”
No CRS summary available for this bill.
This section defines an "employer notification service" as a service that automatically provides employers with reports on changes to an employee's commercial driver's license status due to moving violation convictions, failures to appear, accidents, suspensions, revocations, or other actions against driving privileges. It requires the Secretary of Transportation, acting through the Federal Motor Carrier Safety Administration, to issue a final regulation not later than one year after enactment requiring implementation of a national employer notification service that states may access. Before issuing the regulation, the Secretary must consider (1) recommendations from the American Association of Motor Vehicle Administrators' report "Employer Notification System Design & Best Practices Recommendations," including on annual per-driver fees for employers, and (2) results of a 2007 pilot program under the Transportation Equity Act for the 21st Century assessing feasibility, costs, safety impacts, benefits, and methods for exchanging driver safety data from state systems.
This section requires each state to implement a national employer notification service—developed under section 2(a) to notify employers of commercial driver's license (CDL) suspensions or revocations—within two years after the Secretary of Transportation issues a final regulation requiring the service. (b) After that two-year period, the Secretary must incorporate the service into the CDL program requirements and standards in 49 CFR part 384, including noncompliance consequences. (c) In developing the section 2(a) regulation, the Secretary must (1) require participation by any employer with one or more employees holding a CDL with a school bus endorsement (per 49 CFR 383.123) and (2) deem state implementation costs allowable under the CDL program implementation grant program (49 U.S.C. 31313). (d) Participating employers are exempt from annual driving record inquiry and review requirements (49 CFR part 391.25), consistent with existing FMCSA guidance.
This section defines a school district, local educational agency, or school as an “employer” for purposes of the national employer notification service if it organizes, sponsors, or pays for the transportation of preprimary, primary, and secondary students to or from school or on extracurricular trips. It further specifies that both such public entities and any private company or proprietorship paid to provide those services are considered “employers” for that service.
This section directs the Secretary, in developing the final regulation under section 2(a), to ensure that an employee receives simultaneous notification and a copy of any report on the employee furnished to an employer by the national employer notification service.