Motor Carrier Safety Selection Standard Act of 2024
The Motor Carrier Safety Selection Standard Act of 2024 creates a national standard of care for negligent selection of motor carriers by “covered entities” that contract with motor carriers to move goods or household goods. Under the bill, a covered entity will be presumed reasonable and prudent in its selection if, before shipment (not more than 45 days prior and no later than the shipment date), it verifies three things about the motor carrier: (A) the carrier is properly registered with the FMCSA, (B) the carrier has the minimum required insurance, and (C) the FMCSA has confirmed the carrier meets all safety standards to operate. This verification must be supported by a public FMCSA confirmation statement. The bill also directs a rulemaking to revise FMCSA’s safety fitness determinations, create procedures for unfit determinations, and incorporate data-driven fitness considerations. An exemption exists for individual shippers, and the bill preserves state law on drayage. The rules take effect via a sunset: once the revised FMCSA safety fitness rule becomes effective, the verification requirements in the act cease to be effective. Definitions clarify who counts as a “covered entity,” a “covered motor carrier,” and related terms.
Key Points
- 1Establishes a national selection standard of care for negligent selection of motor carriers by covered entities that contract to transport goods or household goods.
- 2Verification required within a specific time window: before shipment and no earlier than 45 days before shipment, the covered entity must confirm (A) FMCSA registration, (B) minimum insurance, and (C) FMCSA safety compliance with public confirmation.
- 3Public confirmation statements: FMCSA confirmation will be communicated publicly either that the motor carrier meets all operating requirements and is authorized to operate, or that the carrier is not confirmed to operate and fails to meet requirements.
- 4Safety fitness rulemaking: within 1 year after enactment, the Secretary must amend FMCSA safety fitness determinations (Appendix B to Part 385) to use all available data, and to provide a process for determining when a carrier is not fit to operate; the new rule must incorporate the selection requirements described in the act.
- 5Exemption for individual shippers and savings clause: individual shippers contracting with a motor carrier are not required to satisfy the selection verification, and nothing in the act overrides state laws (including drayage regulations).