Motor Carrier Safety Selection Standard Act of 2024
- Bill Number
- H.R. 5337
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Transportation and Public Works
- Status
- Introduced
- Latest Action
- 2025-09-12: Referred to the Subcommittee on Highways and Transit.
- Last Updated
- 2026-06-11T05:06:20Z
AI-Generated Summary
Purpose of the Legislation
The Motor Carrier Safety Selection Standard Act of 2024 aims to create a nationwide standard for how businesses and other entities select motor carriers (trucking companies) to transport goods or household items. This standard helps protect these entities from lawsuits claiming they negligently chose unsafe carriers, while also improving how the federal government assesses carrier safety. The goal is to promote safer transportation by ensuring carriers meet basic federal requirements, without overriding certain state rules.
Key Provisions
- Selection Standard for Covered Entities: Businesses or organizations (called "covered entities," such as shippers, brokers, or freight forwarders) that hire motor carriers for interstate goods transport are considered to have made a "reasonable and prudent" choice if they verify three things about the carrier within 45 days before the shipment:
- The carrier is properly registered with the federal government as a motor carrier.
- The carrier has the minimum insurance required by federal and state laws.
- The Federal Motor Carrier Safety Administration (FMCSA, a part of the U.S. Department of Transportation) confirms the carrier complies with all federal safety rules needed to operate.
This verification creates a "safe harbor" against negligence lawsuits related to carrier selection.
- Public Confirmation System: FMCSA must provide a simple public statement for each carrier, either confirming it meets all safety and operating requirements or stating it does not and cannot operate legally on U.S. roads.
- Rulemaking Requirement: Within one year of the bill's enactment, the Secretary of Transportation must issue new federal regulations to update how FMCSA determines if a carrier is "fit" to operate. These rules must:
- Use all available data to evaluate fitness.
- Include a process to declare a carrier "unfit" if it fails federal safety standards (under existing law, unfit carriers are banned from interstate operations).
- Incorporate the verification requirements and public statements from the bill.
The temporary selection standard ends once these new rules take effect.
- Exemption for Individual Shippers: Everyday people shipping their own household goods (like during a move) are automatically considered reasonable in their carrier choice if they hire a registered carrier—no verification needed. This protects consumers from complex liability rules.
- Savings Clause: The bill does not override state laws related to "drayage" (short-haul trucking near ports, rail yards, or warehouses).
- Definitions: Key terms include:
- Covered entity: Businesses involved in shipping, such as brokers or customs agents (excludes individual consumers).
- Covered motor carrier: Trucking companies subject to federal safety and insurance rules, but excluding those carrying passengers.
- Other terms align with existing federal transportation laws for clarity.
Significant Changes to Existing Law
- Introduces a uniform federal "safe harbor" for negligence claims in carrier selection, which previously varied by state court decisions and could lead to unpredictable liability.
- Mandates FMCSA to revise its safety fitness rules (currently in federal regulations under 49 CFR Part 385, Appendix B), shifting from the existing methodology to one that uses broader data and provides clearer unfit determinations. This builds on but expands section 31144 of Title 49, U.S. Code, which already allows fitness bans but lacks standardized verification tools.
- Adds protections for individual shippers, formalizing an exemption not explicitly detailed in prior law.
Potential Impacts
- On Government Agencies: FMCSA and the Department of Transportation will face new rulemaking duties, requiring resources to update databases, verification systems, and fitness assessments. This could enhance enforcement of safety standards but increase administrative workload.
- On Citizens: Individual shippers gain simplified protections, reducing legal risks for personal moves. Overall, improved carrier vetting may lead to fewer accidents involving unsafe trucks, benefiting public safety on highways.
- On Businesses and International Relations: Covered entities (e.g., shippers and brokers) benefit from reduced lawsuit risks, potentially lowering costs and encouraging interstate commerce. International aspects are minor but include ocean and air intermediaries, which could streamline global supply chains without major foreign policy effects.
- No direct impacts on international relations, as the bill focuses on domestic interstate transport.
Main Stakeholders Affected
- Covered Entities: Shippers, brokers, freight forwarders, customs brokers, and some motor carriers—gains liability protection but must comply with verification.
- Motor Carriers: Trucking companies face stricter fitness checks, which could weed out unsafe operators but burden compliant ones with more scrutiny.
- Individual Shippers: Consumers moving household goods—benefit from exemptions and easier legal defenses.
- Government: FMCSA and Secretary of Transportation—responsible for implementation and enforcement.
- Courts and Insurers: May see fewer negligence lawsuits, shifting focus to compliance verification.
Notable Legal, Constitutional, or Political Implications
- Legal: Establishes a clear defense against tort (civil wrongdoing) claims for negligent hiring, promoting uniformity in interstate commerce under the Commerce Clause of the U.S. Constitution. It does not preempt (override) state drayage laws, avoiding federalism conflicts. The sunset clause ensures the standard evolves with regulations, preventing outdated rules.
- Constitutional: Aligns with federal authority over interstate transportation (Article I, Section 8), with no apparent free speech, due process, or equal protection issues.
- Political: Could reduce business litigation costs, appealing to industry groups, while enhancing safety appeals to public interest advocates. As a bipartisan transportation bill, it standardizes practices across states, potentially reducing regulatory fragmentation.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Recent Actions
- 2025-09-12: Referred to the Subcommittee on Highways and Transit.
- 2025-09-11: Referred to the House Committee on Transportation and Infrastructure.
- 2025-09-11: Introduced in House
- 2025-09-11: Introduced in House
Bill Versions
- Motor Carrier Safety Selection Standard Act of 2024 — issued 2025-09-11 — PDF (7 pages)