H.R. 5337

119th CONGRESS 1st Session

To establish a national motor carrier safety selection standard for entities that contract with certain motor carriers to transport goods, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES · September 11, 2025 · Sponsor: Mr. Stauber · Committee: Committee on Transportation and Infrastructure

Table of contents

• H.R. 5337
  • SEC. 1. Short title
  • SEC. 2. Motor carrier selection standard of care

SEC. 1. Short title

• This Act may be cited as the Motor Carrier Safety Selection Standard Act of 2024.

SEC. 2. Motor carrier selection standard of care

• (a) Selection standard
  • (1) In general
    • For any claim of negligent selection of a motor carrier against a covered entity with respect to the covered entity contracting with a covered motor carrier for the shipment of goods or household goods, the covered entity shall be considered reasonable and prudent in the selection of that covered motor carrier if, not later than the date of shipment and not earlier than 45 days before that date, the covered entity verifies that the covered motor carrier—
      • is registered under section 13902 of title 49, United States Code, as a motor carrier or a household goods motor carrier;
      • has at least the minimum insurance coverage required by Federal and State law; and
      • has been confirmed by the Federal Motor Carrier Safety Administration, including through a public confirmation described in subsection (c)(1), to be in compliance with all required Federal Motor Carrier Safety Administration safety standards to operate as a motor carrier.
  • (2) Sunset
    • Paragraph (1) shall cease to be effective on the effective date of a regulation promulgated under subsection (c)(1).
• (b) Public confirmation
  • The public confirmation described in paragraph (1)(C) shall include 1 of the following statements, depending on the status of the motor carrier:
    • . This motor carrier is confirmed to meet all operating requirements of the Federal Motor Carrier Safety Administration (FMCSA) and is authorized to operate on the nation’s roadways.
    • . This motor carrier is not confirmed to operate on the nation’s roadways and fails to meet 1 or more requirements of the Federal Motor Carrier Safety Administration (FMCSA) to operate as a motor carrier.
• (c) Safety fitness rule
  • (1) Rulemaking
    • Not later than 1 year after the date of enactment of this Act, the Secretary shall promulgate final regulations amending appendix B to part 385 of title 49, Code of Federal Regulations (or a successor regulation), to revise the methodology for issuance of motor carrier safety fitness determinations.
  • (2) Considerations
    • In promulgating the regulations under paragraph (1), the Secretary shall consider the use of all available data to determine the fitness of a motor carrier.
  • (3) Factors for an unfit determination
    • The regulations promulgated under paragraph (1) shall provide a procedure for the Secretary to determine whether a motor carrier is not fit to operate a commercial motor vehicle in or affecting interstate commerce in accordance with section 31144 of title 49, United States Code.
  • (4) Requirement
    • The regulations promulgated under paragraph (1) shall include the requirements described in subsections (a)(1) and (b).
• (d) Exemption for individual shippers
  • For any claim of negligent selection of a motor carrier against a person acting as an individual shipper with respect to that person contracting with a covered motor carrier for the shipment of goods or household goods, that person shall, on demonstration that the person contracted with a covered motor carrier, be considered reasonable and prudent in the selection of that covered motor carrier without having to satisfy any of the requirements described in subsection (a)(1) (or any similar requirement in the regulations promulgated under subsection (c)(1)).
• (e) Savings clause
  • Nothing in this Act preempts or supersedes any State law (including regulations) relating to drayage.
• (f) Definitions
  • In this section:
    • The term means a motor carrier or a household goods motor carrier that is subject to Federal motor carrier financial responsibility and safety regulations, except for motor carriers that operate commercial motor vehicles of passengers, as defined in section 31101(1)(B) of 49, United States Code. covered motor carrier
    • The term has the meaning given the term in section 13102 of title 49, United States Code. household goods
    • The term has the meaning given the term in section 13102 of title 49, United States Code. household goods motor carrier
    • The term has the meaning given the term in section 13102 of title 49, United States Code. individual shipper
    • The term has the meaning given the term in section 13102 of title 49, United States Code, except for motor carriers that operate commercial motor vehicles of passengers, as defined in section 31101(1)(B) of 49, United States Code.
    • The term means the Secretary of Transportation.