S. 3807: Miranda Vargas School Bus Driver Red Flag Act

This bill, known as the **Miranda Vargas School Bus Driver Red Flag Act**, aims to establish a national employer notification service related to the driving records of employees who hold commercial driver’s licenses, particularly for those working as school bus drivers. The primary objectives and provisions of the bill include:

Definition of Employer Notification Service

The bill defines the *employer notification service* as a system that automatically provides employers with reports regarding any changes to an employee's driving status or driver's license. This includes information on:

• Convictions for moving violations
• Failures to appear in court
• Accidents
• Suspensions or revocations of driver’s licenses
• Other actions affecting driving privileges

Implementation Timeline

The Secretary of Transportation, through the Federal Motor Carrier Safety Administration (FMCSA), is required to issue regulations to implement this national notification service no later than one year after the enactment of the bill. Each state must then begin to utilize this service within two years following the final regulations.

Considerations for Implementation

Before the final regulation is issued, the Secretary must consider recommendations from the American Association of Motor Vehicle Administrators (AAMVA) and review the results of a previous pilot program conducted in 2007. These considerations will help assess the feasibility, costs, safety impacts, and benefits of the service.

State Obligations

After the two-year implementation period, states will be required to notify employers of any changes in the driving records of their commercial drivers. If a state does not comply, the Secretary will enforce consequences in line with existing commercial driver license program standards.

Employer Requirements

Employers with employees holding a commercial driver’s license that includes a school bus endorsement must participate in the national employer notification service. Additionally, the costs associated with implementing this service may be included as allowable expenses for federal grant awards related to commercial driver’s license programs.

Exemptions for Employers

Employers who participate in the notification service will be exempt from the requirement of conducting annual inquiries and reviews of driving records, which are typically mandated by the FMCSA.

Applicability to Educational Institutions

In this context, any school district, local educational agency, or school involved in organizing or financing the transportation of students will be considered an *employer*. This applies to both direct school-operated transportation and instances where a school pays a private company to provide such services.

Notification to Employees

Whenever the national employer notification service provides a report on an employee to an employer, the employee will also receive a simultaneous notification along with a copy of the report.

Relevant Companies

None found