Motor Carrier Safety Selection Standard Act of 2024
Summary
The Motor Carrier Safety Selection Standard Act of 2024 aims to establish a national standard for entities selecting motor carriers to transport goods. It seeks to define a 'reasonable and prudent' standard for selecting carriers, primarily focusing on registration, insurance, and compliance with Federal Motor Carrier Safety Administration (FMCSA) standards. The Act also mandates the Secretary of Transportation to revise the methodology for safety fitness determinations of motor carriers.
Expected Effects
The Act will likely reduce the liability of shippers and other covered entities in negligent selection lawsuits if they verify basic safety credentials of the motor carriers they hire. This could lead to a more uniform national standard, potentially preempting varying state laws. The rulemaking requirement could lead to a more data-driven approach to assessing motor carrier safety fitness.
Potential Benefits
- Reduced liability for shippers and other covered entities who verify carrier credentials.
- Establishes a uniform national standard for motor carrier selection.
- Could lead to improved safety through better carrier vetting.
- Rulemaking may result in a more data-driven safety fitness determination process.
- Exemption for individual shippers simplifies their selection process.
Potential Disadvantages
- Potential preemption of stricter state laws could weaken safety standards in some areas.
- The sunset provision in subsection (a)(2) introduces uncertainty, as the standard shifts upon the promulgation of a new rule.
- The definition of 'covered entity' may exclude some parties who should be held responsible for negligent selection.
- The focus on minimum insurance coverage may not adequately address potential liability in all cases.
- The savings clause explicitly preserves state laws related to drayage, potentially creating inconsistencies.
Constitutional Alignment
The Act primarily concerns interstate commerce, which falls under the purview of Congress as outlined in Article I, Section 8, Clause 3 of the US Constitution (the Commerce Clause). This clause grants Congress the power to regulate commerce among the several states. The Act's provisions related to motor carrier safety standards and selection criteria are directly related to regulating interstate commerce.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).