Miranda's Law: Employer Notification Service

Full Title:
Miranda’s Law

Summary#

This bill, called the "Miranda Vargas School Bus Driver Red Flag Act" or "Miranda's Law," would require the Federal Motor Carrier Safety Administration (FMCSA) to make a national employer notification service. The bill defines that service as one that automatically sends an employer a report when a commercial driver's license holder has a change in driving record or license status (for example, a moving violation conviction, failure to appear, accident, suspension, or revocation). The Secretary of Transportation must issue a final regulation within 1 year, and States must start using the service within 2 years after that regulation. The bill requires employers who have 1 or more employees with a commercial driver's license and a school bus endorsement to participate. It also requires that employees get simultaneous notification and a copy of any report the employer receives. The Secretary must consider AAMVA recommendations and a 2007 pilot program when writing the regulation. The bill says State use of the system can be an allowable cost for commercial driver's license program grants and that employers who use the service would be exempt from the FMCSA annual driving-record inquiry requirement.

What it means for you#

  • If you are an employer that runs school buses or employs drivers with a commercial driver's license and a school bus endorsement, you would be required to join the notification service and would get automatic reports about license or record changes for your drivers.
  • If you are a driver with a commercial driver's license, you would receive a copy of and simultaneous notice of any report sent to your employer about changes to your driving record or license status.
  • If you are a State motor vehicle agency, you would need to connect to and use the national employer notification service within the required timeline and could use certain federal CDL program grant funds to help pay for it.

Expenses#

No publicly available information about total costs or cost estimates. The bill does state that:

  • The Secretary should consider AAMVA recommendations that include possible annual per-driver fees for participating employers.
  • State implementation of the employer notification service is an allowable cost for commercial driver's license program implementation grant awards under existing law.

Proponents' View#

No publicly available information.

Opponents' View#

No publicly available information.