Transportation and Logistics Hiring Reform Act of 2020

“13104. Motor carrier selection standard of care

“(a) Definitions—In this section:

“(1) Covered entity

“(A) In general—The term covered entity means a person acting as—

“(i) a shipper;

“(ii) a consignee;

“(iii) a broker;

“(iv) a freight forwarder;

“(v) a household goods freight forwarder;

“(vi) an ocean transportation intermediary;

“(vii) an indirect air carrier;

“(viii) a customs broker; or

“(ix) a motor carrier.

“(B) Exclusions—The term covered entity does not include—

“(i) an individual shipper; or

“(ii) a broker for the transportation of passengers.

“(2) Motor carrier—The term motor carrier means a motor carrier (including a household goods motor carrier) that is subject to the jurisdiction of the Secretary under section 13501.

“(b) Standard of care—Before tendering a shipment, but not more than 45 days before the date on which the shipment is picked up by a motor carrier, a covered entity shall verify that the motor carrier, as of the time of the verification—

“(1) is registered under section 13902;

“(2) does not have an unsatisfactory safety fitness rating; and

“(3) has not otherwise been ordered to discontinue operations by the Federal Motor Carrier Safety Administration.

“(c) Application of standard of care—In any civil action in Federal or State court for damages in which it is asserted or alleged that a covered entity acted negligently in the selection or retention of a motor carrier, the covered entity shall be considered to have acted reasonably and prudently in the selection of the motor carrier for the transportation of property if the covered entity establishes that the covered entity verified information relating to the motor carrier through the Federal Motor Carrier Safety Administration, in accordance with subsection (b).”