Sec. 32002. Safety improvement metrics

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The Administrator shall incorporate a methodology into the CSA program or establish a third-party process to allow recognition, including credit, improved score, or by establishing a safety BASIC in SMS for safety technology, tools, programs, and systems approved by the Administrator through the qualification process developed under subsection

(b)that exceed regulatory requirements or are used to enhance safety performance, including— the installation of qualifying advanced safety equipment, such as— collision mitigation systems; lane departure warnings; speed limiters; electronic logging devices; electronic stability control; critical event recorders; and strengthening rear guards and sideguards for underride protection; the use of enhanced driver fitness measures that exceed current regulatory requirements, such as— additional new driver training; enhanced and ongoing driver training; and remedial driver training to address specific deficiencies as identified in roadside inspection or enforcement reports; the adoption of qualifying administrative fleet safety management tools technologies, driver performance and behavior management technologies, and programs; and technologies and measures identified through the process described in subsection (c). The Administrator, through a notice and comment process, shall develop technical or other performance standards for technology, advanced safety equipment, enhanced driver fitness measures, tools, programs, or systems used by motor carriers that will qualify for credit under this section. In modifying the CSA program under subsection (a), the Administrator, through notice and comment, shall develop a process for identifying and reviewing other technology, advanced safety equipment, enhanced driver fitness measures, tools, programs, or systems used by motor carriers to improve safety performance that— provides for a petition for reviewing technology, advanced safety equipment, enhanced driver fitness measures, tools, programs, or systems; seeks input and participation from industry stakeholders, including drivers, technology manufacturers, vehicle manufacturers, motor carriers, enforcement communities, and safety advocates, and the Motor Carrier Safety Advisory Committee; and includes technology, advanced safety equipment, enhanced driver fitness measures, tools, programs, or systems with a date certain for future statutory or regulatory implementation. The Administrator, through notice and comment process, shall develop a process for— providing recognition or credit within a motor carrier’s SMS score for the installation and use of measures in paragraphs

(1)through

(4)of subsection (a); ensuring that the safety improvement metrics developed under this section are presented with other SMS data; verifying the installation or use of such technology, advanced safety equipment, enhanced driver fitness measures, tools, programs, or systems; modifying or removing recognition or credit upon verification of noncompliance with this section; ensuring that the credits or recognition referred to in paragraph

(1)reflect the safety improvement anticipated as a result of the installation or use of the specific technology, advanced safety equipment, enhanced driver fitness measure, tool, program, or system; verifying the deployment and use of qualifying equipment or management systems by a motor carrier through a certification from the vehicle manufacturer, the system or service provider, the insurance carrier, or through documents submitted by the motor carrier to the Department of Transportation; annually reviewing the list of qualifying safety technology, advanced safety equipment, enhanced driver fitness measures, tools, programs, or systems; and removing systems mandated by law or regulation, or if such systems demonstrate a lack of efficacy, from the list of qualifying technologies, advanced safety equipment, enhanced driver fitness measures, tools, programs, or systems eligible for credit under the CSA program. The Administrator shall maintain a public website that contains information regarding— the technology, advanced safety equipment, enhanced driver fitness measures, tools, programs, or systems eligible for credit and improved scores; any petitions for study of the technology, advanced safety equipment, enhanced driver fitness measures, tools, programs, or systems; and statistics and information relating to the use of such technology, advanced safety equipment, enhanced driver fitness measures, tools, programs, or systems. Not later than 1 year after the establishment of the Safety Improvement Metrics System (referred to in this section as SIMS ) under this section, and annually thereafter, the Administrator shall publish, on a public website, a report that identifies— the types of technology, advanced safety equipment, enhanced driver fitness measures, tools, programs, or systems that are eligible for credit; the number of instances in which each technology, advanced safety equipment, enhanced driver fitness measure, tool, program, or system is used; the number of motor carriers, and a description of the carrier’s fleet size, that received recognition or credit under the modified CSA program; and the pre- and post-adoption safety performance of the motor carriers described in paragraph (3). The Administrator shall ensure that the activities described in subsections

(a)through

(f)of this section are not required under section 31102 of title 49, United States Code, as amended by this Act. Not later than 2 years after the implementation of SIMS under this section, the Administrator shall conduct an evaluation of the effectiveness of SIMS by reviewing the impacts of SIMS on— law enforcement, commercial drivers and motor carriers, and motor carrier safety; and safety and adoption of new technologies. Not later than 30 months after the implementation of the program, the Administrator shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives that describes— the results of the evaluation conducted under paragraph (1); and the actions the Federal Motor Carrier Safety Administration plans to take to modify the demonstration program based on such results. In conducting regulatory impact analyses for rulemakings relating to the technology, advanced safety equipment, enhanced driver fitness measures, tools, programs, or systems selected for credit under the CSA program, the Administrator, to the extent practicable, shall use the data gathered under this section and appropriate statistical methodology, including sufficient sample sizes, composition, and appropriate comparison groups, including representative motor carriers of all sizes, to estimate the effects on safety performance and reduction in the number and severity of accidents with qualifying technology, advanced safety equipment, tools, programs, and systems. Nothing in this section may be construed to provide the Administrator with additional authority to change the requirements for the operation of a commercial motor vehicle.