CHAPTER 311 - COMMERCIAL MOTOR VEHICLE SAFETY

Title 49 > CHAPTER 311

Sections (58)

§ 31100 Purpose

The purpose of this subchapter is to ensure that the Secretary, States, and other political jurisdictions work in partnership to establish programs to improve motor carrier, commercial motor vehicle, and driver safety to support a safe and efficient transportation system by— focusing resources on strategic safety investments to promote safe for-hire and private transportation, including transportation of passengers and hazardous materials, to identify high-risk carriers and drivers, and to invest in activities likely to generate maximum reductions in the number and severity of commercial motor vehicle crashes; increasing administrative flexibility and developing and enforcing effective, compatible, and cost-beneficial motor carrier, commercial motor vehicle, and driver safety regulations and practices, including improving enforcement of State and local traffic safety laws and regulations; assessing and improving statewide program performance by setting program outcome goals, improving problem identification and countermeasures planning, designing appropriate performance standards, measures, and benchmarks, improving performance information and analysis systems, and monitoring program effectiveness; ensuring that drivers of commercial motor vehicles and enforcement personnel obtain adequate training in safe operational practices and regulatory requirements; and advancing promising technologies and encouraging adoption of safe operational practices. (Added Pub. L. 105–178, title IV, § 4002(a) , June 9, 1998 , 112 Stat. 395 .)

“SEC. 5221 CORRELATION STUDY.

(“(a) In General.— The Administrator of the Federal Motor Carrier Safety Administration (referred to in this part as the ‘Administrator’) shall commission the National Research Council of the National Academies to conduct a study of— the Compliance, Safety, Accountability program of the Federal Motor Carrier Safety Administration (referred to in this part as the ‘CSA program’); and the Safety Measurement System utilized by the CSA program (referred to in this part as the ‘SMS’).

(“(b) Scope of Study.— In carrying out the study commissioned pursuant to subsection (a), the National Research Council— shall analyze— the accuracy with which the Behavior Analysis and Safety Improvement Categories (referred to in this part as ‘BASIC’)— identify high risk carriers; and predict or are correlated with future crash risk, crash severity, or other safety indicators for motor carriers, including the highest risk carriers; the methodology used to calculate BASIC percentiles and identify carriers for enforcement, including the weights assigned to particular violations and the tie between crash risk and specific regulatory violations, with respect to accurately identifying and predicting future crash risk for motor carriers; the relative value of inspection information and roadside enforcement data; any data collection gaps or data sufficiency problems that may exist and the impact of those gaps and problems on the efficacy of the CSA program; the accuracy of safety data, including the use of crash data from crashes in which a motor carrier was free from fault; whether BASIC percentiles for motor carriers of passengers should be calculated separately from motor carriers of freight; the differences in the rates at which safety violations are reported to the Federal Motor Carrier Safety Administration for inclusion in the SMS by various enforcement authorities, including States, territories, and Federal inspectors; and how members of the public use the SMS and what effect making the SMS information public has had on reducing crashes and eliminating unsafe motor carriers from the industry; and shall consider— whether the SMS provides comparable precision and confidence, through SMS alerts and percentiles, for the relative crash risk of individual large and small motor carriers; whether alternatives to the SMS would identify high risk carriers more accurately; and the recommendations and findings of the Comptroller General of the United States and the Inspector General of the Department [of Transportation], and independent review team reports, issued before the date of enactment of this Act [ Dec. 4, 2015 ].

(“(c) Report.— Not later than 18 months after the date of enactment of this Act, the Administrator shall— submit a report containing the results of the study commissioned pursuant to subsection (a) to— the Committee on Commerce, Science, and Transportation of the Senate; the Committee on Transportation and Infrastructure of the House of Representatives; and the Inspector General of the Department; and publish the report on a publicly accessible Internet Web site of the Department.

(“(d) Corrective Action Plan.— Not later than 120 days after the Administrator submits the report under subsection (c), if that report identifies a deficiency or opportunity for improvement in the CSA program or in any element of the SMS, the Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a corrective action plan that— responds to the deficiencies or opportunities identified by the report; identifies how the Federal Motor Carrier Safety Administration will address such deficiencies or opportunities; and provides an estimate of the cost, including with respect to changes in staffing, enforcement, and data collection, necessary to address such deficiencies or opportunities. The corrective action plan submitted under paragraph (1) shall include an implementation plan that— includes benchmarks; includes programmatic reforms, revisions to regulations, or proposals for legislation; and shall be considered in any rulemaking by the Department that relates to the CSA program, including the SMS or data analysis under the SMS.

(“(e) Inspector General Review.— Not later than 120 days after the Administrator submits a corrective action plan under subsection (d), the Inspector General of the Department shall— review the extent to which such plan addresses— recommendations contained in the report submitted under subsection (c); and relevant recommendations issued by the Comptroller General or the Inspector General before the date of enactment of this Act; and submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the responsiveness of the corrective action plan to the recommendations described in paragraph (1).

“SEC. 5222 BEYOND COMPLIANCE.

(“(a) In General.— Not later than 18 months after the date of enactment of this Act [ Dec. 4, 2015 ], the Administrator shall allow recognition, including credit or an improved SMS percentile, for a motor carrier that— installs advanced safety equipment; uses enhanced driver fitness measures; adopts fleet safety management tools, technologies, and programs; or satisfies other standards determined appropriate by the Administrator.

(“(b) Implementation.— The Administrator shall carry out subsection (a) by— incorporating a methodology into the CSA program; or establishing a safety BASIC in the SMS.

(“(c) Process.— The Administrator, after providing notice and an opportunity for comment, shall develop a process for identifying and reviewing advanced safety equipment, enhanced driver fitness measures, fleet safety management tools, technologies, and programs, and other standards for use by motor carriers to receive recognition, including credit or an improved SMS percentile, for purposes of subsection (a). A process developed under paragraph (1) shall— provide for a petition process for reviewing advanced safety equipment, enhanced driver fitness measures, fleet safety management tools, technologies, and programs, and other standards; and seek input and participation from industry stakeholders, including commercial motor vehicle drivers, technology manufacturers, vehicle manufacturers, motor carriers, law enforcement, safety advocates, and the Motor Carrier Safety Advisory Committee.

(“(d) Qualification.— The Administrator, after providing notice and an opportunity for comment, shall develop technical or other performance standards with respect to advanced safety equipment, enhanced driver fitness measures, fleet safety management tools, technologies, and programs, and other standards for purposes of subsection (a).

(“(e) Monitoring.— The Administrator may authorize qualified entities to monitor motor carriers that receive recognition, including credit or an improved SMS percentile, under this section through a no-cost contract structure.

(“(f) Dissemination of Information.— The Administrator shall maintain on a publicly accessible Internet Web site of the Department information on— the advanced safety equipment, enhanced driver fitness measures, fleet safety management tools, technologies, and programs, and other standards eligible for recognition, including credit or an improved SMS percentile; any petitions for review of advanced safety equipment, enhanced driver fitness measures, fleet safety management tools, technologies, and programs, and other standards; and any relevant statistics relating to the use of advanced safety equipment, enhanced driver fitness measures, fleet safety management tools, technologies, and programs, and other standards.

(“(g) Report.— Not later than 3 years after the date of enactment of this Act, the Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the— number of motor carriers receiving recognition, including credit or an improved SMS percentile, under this section; and safety performance of such carriers.

“SEC. 5223 DATA CERTIFICATION.

(“(a) In General.— On and after the date that is 1 day after the date of enactment of this Act [ Dec. 4, 2015 ], no information regarding analysis of violations, crashes in which a determination is made that the motor carrier or the commercial motor vehicle driver is not at fault, alerts, or the relative percentile for each BASIC developed under the CSA program may be made available to the general public until the Inspector General of the Department certifies that— the report required under section 5221(c) has been submitted in accordance with that section; any deficiencies identified in the report required under section 5221(c) have been addressed; if applicable, the corrective action plan under section 5221(d) has been implemented; the Administrator of the Federal Motor Carrier Safety Administration has fully implemented or satisfactorily addressed the issues raised in the report titled ‘Modifying the Compliance, Safety, Accountability Program Would Improve the Ability to Identify High Risk Carriers’ of the Government Accountability Office and dated February 2014 (GAO–14–114); and the Secretary [of Transportation] has initiated modification of the CSA program in accordance with section 5222.

(“(b) Limitation on the Use of CSA Analysis.— Information regarding alerts and the relative percentile for each BASIC developed under the CSA program may not be used for safety fitness determinations until the Inspector General of the Department makes the certification under subsection (a).

(“(c) Continued Public Availability of Data.— Notwithstanding any other provision of this section, inspection and violation information submitted to the Federal Motor Carrier Safety Administration by commercial motor vehicle inspectors and qualified law enforcement officials, out-of-service rates, and absolute measures shall remain available to the public.

(“(d) Exceptions.— Notwithstanding any other provision of this section— the Federal Motor Carrier Safety Administration and State and local commercial motor vehicle enforcement agencies may use the information referred to in subsection (a) for purposes of investigation and enforcement prioritization; a motor carrier and a commercial motor vehicle driver may access information referred to in subsection (a) that relates directly to the motor carrier or driver, respectively; and a data analysis of motorcoach operators may be provided online with a notation indicating that the ratings or alerts listed are not intended to imply any Federal safety rating of the carrier. The notation described in paragraph (1)(C) shall include the following: ‘Readers should not draw conclusions about a carrier’s overall safety condition simply based on the data displayed in this system. Unless a motor carrier has received an UNSATISFACTORY safety rating under part 385 of title 49, Code of Federal Regulations, or has otherwise been ordered to discontinue operations by the Federal Motor Carrier Safety Administration, it is authorized to operate on the Nation’s roadways.’. Nothing in this section may be construed to restrict the official use by State enforcement agencies of the data collected by State enforcement personnel.

“SEC. 5224 DATA IMPROVEMENT.

(“(a) Functional Specifications.— The Administrator shall develop functional specifications to ensure the consistent and accurate input of data into systems and databases relating to the CSA program.

(“(b) Functionality.— The functional specifications developed pursuant to subsection (a)— shall provide for the hardcoding and smart logic functionality for roadside inspection data collection systems and databases; and shall be made available to public and private sector developers.

(“(c) Effective Data Management.— The Administrator shall ensure that internal systems and databases accept and effectively manage data using uniform standards.

(“(d) Consultation With the States.— Before implementing the functional specifications developed pursuant to subsection (a) or the standards described in subsection (c), the Administrator shall seek input from the State agencies responsible for enforcing section 31102 of title 49 , United States Code.

“SEC. 5225 ACCIDENT REVIEW.

(“(a) In General.— Not later than 1 year after a certification under section 5223, the Secretary shall task the Motor Carrier Safety Advisory Committee with reviewing the treatment of preventable crashes under the SMS.

(“(b) Duties.— Not later than 6 months after being tasked under subsection (a), the Motor Carrier Safety Advisory Committee shall make recommendations to the Secretary on a process to allow motor carriers and drivers to request that the Administrator make a determination with respect to the preventability of a crash, if such a process has not yet been established by the Secretary.

(“(c) Report.— The Secretary shall— review and consider the recommendations provided by the Motor Carrier Safety Advisory Committee; and report to Congress on how the Secretary intends to address the treatment of preventable crashes.

(“(d) Preventable Defined.— In this section, the term ‘preventable’ has the meaning given that term in Appendix B of part 385 of title 49, Code of Federal Regulations, as in effect on the date of enactment of this Act [ Dec. 4, 2015 ].”

§ 31101 Definitions

In this subchapter— “commercial motor vehicle” means (except in section 31106) a self-propelled or towed vehicle used on the highways in commerce principally to transport passengers or cargo, if the vehicle— has a gross vehicle weight rating or gross vehicle weight of at least 10,001 pounds, whichever is greater; is designed to transport more than 10 passengers including the driver; or is used in transporting material found by the Secretary of Transportation to be hazardous under section 5103 of this title and transported in a quantity requiring placarding under regulations prescribed by the Secretary under section 5103. “employee” means a driver of a commercial motor vehicle (including an independent contractor when personally operating a commercial motor vehicle), a mechanic, a freight handler, or an individual not an employer, who— directly affects commercial motor vehicle safety in the course of employment by a commercial motor carrier; and is not an employee of the United States Government, a State, or a political subdivision of a State acting in the course of employment. “employer”— means a person engaged in a business affecting commerce that owns or leases a commercial motor vehicle in connection with that business, or assigns an employee to operate the vehicle in commerce; but does not include the Government, a State, or a political subdivision of a State. “State” means a State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands. ( Pub. L. 103–272, § 1(e) , July 5, 1994 , 108 Stat. 984 ; Pub. L. 105–178, title IV, § 4003(a) , June 9, 1998 , 112 Stat. 395 .)

§ 31102 Motor carrier safety assistance program

(a) In General.— The Secretary of Transportation shall administer a motor carrier safety assistance program funded under section 31104.

(b) Goal.— The goal of the program is to ensure that the Secretary, States, local governments, other political jurisdictions, federally recognized Indian tribes, and other persons work in partnership to establish programs to improve motor carrier, commercial motor vehicle, and driver safety to support a safe and efficient surface transportation system by— making targeted investments to promote safe commercial motor vehicle transportation, including the transportation of passengers and hazardous materials; investing in activities likely to generate maximum reductions in the number and severity of commercial motor vehicle crashes and in fatalities resulting from such crashes; adopting and enforcing effective motor carrier, commercial motor vehicle, and driver safety regulations and practices consistent with Federal requirements; and assessing and improving statewide performance by setting program goals and meeting performance standards, measures, and benchmarks.

(c) State Plans.— In carrying out the program, the Secretary shall prescribe procedures for a State to submit a multiple-year plan, and annual updates thereto, under which the State agrees to assume responsibility for improving motor carrier safety by adopting and enforcing State regulations, standards, and orders that are compatible with the regulations, standards, and orders of the Federal Government on commercial motor vehicle safety and hazardous materials transportation safety. The Secretary shall approve a State plan if the Secretary determines that the plan is adequate to comply with the requirements of this section, and the plan— implements performance-based activities, including deployment and maintenance of technology to enhance the efficiency and effectiveness of commercial motor vehicle safety programs; designates a lead State commercial motor vehicle safety agency responsible for administering the plan throughout the State; contains satisfactory assurances that the lead State commercial motor vehicle safety agency has or will have the legal authority, resources, and qualified personnel necessary to enforce the regulations, standards, and orders; contains satisfactory assurances that the State will devote adequate resources to the administration of the plan and enforcement of the regulations, standards, and orders; provides a right of entry (or other method a State may use that the Secretary determines is adequate to obtain necessary information) and inspection to carry out the plan; provides that all reports required under this section be available to the Secretary on request; provides that the lead State commercial motor vehicle safety agency will adopt the reporting requirements and use the forms for recordkeeping, inspections, and investigations that the Secretary prescribes; requires all registrants of commercial motor vehicles to demonstrate knowledge of applicable safety regulations, standards, and orders of the Federal Government and the State; provides that the State will grant maximum reciprocity for inspections conducted under the North American Inspection Standards through the use of a nationally accepted system that allows ready identification of previously inspected commercial motor vehicles; ensures that activities described in subsection (h), if financed through grants to the State made under this section, will not diminish the effectiveness of the development and implementation of the programs to improve motor carrier, commercial motor vehicle, and driver safety as described in subsection (b); ensures that the lead State commercial motor vehicle safety agency will coordinate the plan, data collection, and information systems with the State highway safety improvement program required under section 148(c) of title 23 ; ensures participation in appropriate Federal Motor Carrier Safety Administration information technology and data systems and other information systems by all appropriate jurisdictions receiving motor carrier safety assistance program funding; ensures that information is exchanged among the States in a timely manner; provides satisfactory assurances that the State will undertake efforts that will emphasize and improve enforcement of State and local traffic safety laws and regulations related to commercial motor vehicle safety; provides satisfactory assurances that the State will address national priorities and performance goals, including— activities aimed at removing impaired commercial motor vehicle drivers from the highways of the United States through adequate enforcement of regulations on the use of alcohol and controlled substances and by ensuring ready roadside access to alcohol detection and measuring equipment; activities aimed at providing an appropriate level of training to State motor carrier safety assistance program officers and employees on recognizing drivers impaired by alcohol or controlled substances; and when conducted with an appropriate commercial motor vehicle inspection, criminal interdiction activities, and appropriate strategies for carrying out those interdiction activities, including interdiction activities that affect the transportation of controlled substances (as defined in section 102 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 ( 21 U.S.C. 802 ) and listed in part 1308 of title 21, Code of Federal Regulations, as updated and republished from time to time) by any occupant of a commercial motor vehicle; provides that the State has established and dedicated sufficient resources to a program to ensure that— the State collects and reports to the Secretary accurate, complete, and timely motor carrier safety data; and the State participates in a national motor carrier safety data correction system prescribed by the Secretary; ensures that the State will cooperate in the enforcement of financial responsibility requirements under sections 13906, 31138, and 31139 and regulations issued under those sections; ensures consistent, effective, and reasonable sanctions; ensures that roadside inspections will be conducted at locations that are adequate to protect the safety of drivers and enforcement personnel; provides that the State will include in the training manuals for the licensing examination to drive noncommercial motor vehicles and commercial motor vehicles information on best practices for driving safely in the vicinity of noncommercial and commercial motor vehicles; provides that the State will enforce the registration requirements of sections 13902 and 31134 by prohibiting the operation of any vehicle discovered to be operated by a motor carrier without a registration issued under those sections or to be operated beyond the scope of the motor carrier’s registration; provides that the State will conduct comprehensive and highly visible traffic enforcement and commercial motor vehicle safety inspection programs in high-risk locations and corridors; except in the case of an imminent hazard or obvious safety hazard, ensures that an inspection of a vehicle transporting passengers for a motor carrier of passengers is conducted at a bus station, terminal, border crossing, maintenance facility, destination, or other location where a motor carrier may make a planned stop (excluding a weigh station); ensures that the State will transmit to its roadside inspectors notice of each Federal exemption granted under section 31315(b) of this title and sections 390.23 and 390.25 of title 49, Code of Federal Regulations, and provided to the State by the Secretary, including the name of the person that received the exemption and any terms and conditions that apply to the exemption; except as provided in subsection (d), provides that the State— will conduct safety audits of interstate and, at the State’s discretion, intrastate new entrant motor carriers under section 31144(g); and if the State authorizes a third party to conduct safety audits under section 31144(g) on its behalf, the State verifies the quality of the work conducted and remains solely responsible for the management and oversight of the activities; provides that the State agrees to fully participate in the performance and registration information systems management under section 31106(b) not later than October 1, 2020 , by complying with the conditions for participation under paragraph (3) of that section, or demonstrates to the Secretary an alternative approach for identifying and immobilizing a motor carrier with serious safety deficiencies in a manner that provides an equivalent level of safety; in the case of a State that shares a land border with another country, provides that the State— will conduct a border commercial motor vehicle safety program focusing on international commerce that includes enforcement and related projects; or will forfeit all funds calculated by the Secretary based on border-related activities if the State declines to conduct the program described in clause (i) in its plan; and in the case of a State that meets the other requirements of this section and agrees to comply with the requirements established in subsection ( l )(3), provides that the State may fund operation and maintenance costs associated with innovative technology deployment under subsection ( l )(3) with motor carrier safety assistance program funds authorized under section 31104(a)(1). Subject to subparagraph (B), the Secretary shall publish each approved State multiple-year plan, and each annual update thereto, on a publically accessible Internet Web site of the Department of Transportation not later than 30 days after the date the Secretary approves the plan or update. Before publishing an approved State multiple-year plan or annual update under subparagraph (A), the Secretary shall redact any information identified by the State that, if disclosed— would reasonably be expected to interfere with enforcement proceedings; or would reveal enforcement techniques or procedures that would reasonably be expected to risk circumvention of the law.

(d) Exclusion of U.S. Territories.— The requirement that a State conduct safety audits of new entrant motor carriers under subsection (c)(2)(Y) does not apply to a territory of the United States unless required by the Secretary.

(e) Intrastate Compatibility.— The Secretary shall prescribe regulations specifying tolerance guidelines and standards for ensuring compatibility of intrastate commercial motor vehicle safety laws, including regulations, with Federal motor carrier safety regulations to be enforced under subsections (b) and (c). To the extent practicable, the guidelines and standards shall allow for maximum flexibility while ensuring a degree of uniformity that will not diminish motor vehicle safety.

(f) Maintenance of Effort.— Except as provided under paragraphs (2) and (3) and in accordance with section 5107 of the FAST Act, a State plan under subsection (c) shall provide that the total expenditure of amounts of the lead State commercial motor vehicle safety agency responsible for administering the plan will be maintained at a level each fiscal year that is at least equal to— the average level of that expenditure for fiscal years 2004 and 2005; or the level of that expenditure for the year in which the Secretary implements a new allocation formula under section 5106 of the FAST Act. At the request of a State, the Secretary may evaluate additional documentation related to the maintenance of effort and may make reasonable adjustments to the maintenance of effort baseline after the year in which the Secretary implements a new allocation formula under section 5106 of the FAST Act, and this adjusted baseline will replace the maintenance of effort requirement under paragraph (1). At the request of a State, the Secretary may waive or modify the requirements of this subsection for a total of 1 fiscal year if the Secretary determines that the waiver or modification is reasonable, based on circumstances described by the State, to ensure the continuation of commercial motor vehicle enforcement activities in the State. In estimating the average level of a State’s expenditures under paragraph (1), the Secretary— may allow the State to exclude State expenditures for federally sponsored demonstration and pilot programs and strike forces; may allow the State to exclude expenditures for activities related to border enforcement and new entrant safety audits; and shall require the State to exclude State matching amounts used to receive Federal financing under section 31104.

(g) Use of Unified Carrier Registration Fees Agreement.— Amounts generated under section 14504a and received by a State and used for motor carrier safety purposes may be included as part of the State’s match required under section 31104 or maintenance of effort required by subsection (f).

(h) Use of Grants To Enforce Other Laws.— When approved as part of a State’s plan under subsection (c), the State may use motor carrier safety assistance program funds received under this section— if the activities are carried out in conjunction with an appropriate inspection of a commercial motor vehicle to enforce Federal or State commercial motor vehicle safety regulations, for— enforcement of commercial motor vehicle size and weight limitations at locations, excluding fixed-weight facilities, such as near steep grades or mountainous terrains, where the weight of a commercial motor vehicle can significantly affect the safe operation of the vehicle, or at ports where intermodal shipping containers enter and leave the United States; and detection of and enforcement actions taken as a result of criminal activity, including the trafficking of human beings, in a commercial motor vehicle or by any occupant, including the operator, of the commercial motor vehicle; and for documented enforcement of State traffic laws and regulations designed to promote the safe operation of commercial motor vehicles, including documented enforcement of such laws and regulations relating to noncommercial motor vehicles when necessary to promote the safe operation of commercial motor vehicles, if— the number of motor carrier safety activities, including roadside safety inspections, conducted in the State is maintained at a level at least equal to the average level of such activities conducted in the State in fiscal years 2014 and 2015; and the State does not use more than 10 percent of the basic amount the State receives under a grant awarded under section 31104(a)(1) for enforcement activities relating to noncommercial motor vehicles necessary to promote the safe operation of commercial motor vehicles unless the Secretary determines that a higher percentage will result in significant increases in commercial motor vehicle safety.

(i) Evaluation of Plans and Award of Grants.— The Secretary shall establish criteria for the application, evaluation, and approval of State plans under this section. Subject to subsection (j), the Secretary may allocate the amounts made available under section 31104(a)(1) among the States. If the Secretary disapproves a plan under this section, the Secretary shall give the State a written explanation of the reasons for disapproval and allow the State to modify and resubmit the plan for approval.

(j) Allocation of Funds.— The Secretary, by regulation, shall prescribe allocation criteria for funds made available under section 31104(a)(1). On October 1 of each fiscal year, or as soon as practicable thereafter, and after making a deduction under section 31104(c), the Secretary shall allocate amounts made available under section 31104(a)(1) to carry out this section for the fiscal year among the States with plans approved under this section in accordance with the criteria prescribed under paragraph (1). Subject to the availability of funding and notwithstanding fluctuations in the data elements used by the Secretary to calculate the annual allocation amounts, after the creation of a new allocation formula under section 5106 of the FAST Act, the Secretary may not make elective adjustments to the allocation formula that decrease a State’s Federal funding levels by more than 3 percent in a fiscal year. The 3 percent limit shall not apply to the withholding provisions of subsection (k).

(k) Plan Monitoring.— On the basis of reports submitted by the lead State agency responsible for administering a State plan approved under this section and an investigation by the Secretary, the Secretary shall periodically evaluate State implementation of and compliance with the State plan. If, after notice and an opportunity to be heard, the Secretary finds that a State plan previously approved under this section is not being followed or has become inadequate to ensure enforcement of State regulations, standards, or orders described in subsection (c)(1), or the State is otherwise not in compliance with the requirements of this section, the Secretary may withdraw approval of the State plan and notify the State. Upon the receipt of such notice, the State plan shall no longer be in effect and the Secretary shall withhold all funding to the State under this section. In lieu of withdrawing approval of a State plan under subparagraph (A), the Secretary may, after providing notice to the State and an opportunity to be heard, withhold funding from the State to which the State would otherwise be entitled under this section for the period of the State’s noncompliance. In exercising this option, the Secretary may withhold— up to 5 percent of funds during the fiscal year that the Secretary notifies the State of its noncompliance; up to 10 percent of funds for the first full fiscal year of noncompliance; up to 25 percent of funds for the second full fiscal year of noncompliance; and not more than 50 percent of funds for the third and any subsequent full fiscal year of noncompliance. A State adversely affected by a determination under paragraph (2) may seek judicial review under chapter 7 of title 5. Notwithstanding the disapproval of a State plan under paragraph (2)(A) or the withholding of funds under paragraph (2)(B), the State may retain jurisdiction in an administrative or a judicial proceeding that commenced before the notice of disapproval or withholding if the issues involved are not related directly to the reasons for the disapproval or withholding.

(l) High Priority Program.— The Secretary shall administer a high priority program funded under section 31104(a)(2) for the purposes described in paragraphs (2) through (5). The Secretary may make discretionary grants to and enter into cooperative agreements with States, local governments, federally recognized Indian tribes, other political jurisdictions as necessary, and any person to carry out high priority activities and projects that augment motor carrier safety activities and projects planned in accordance with subsections (b) and (c), including activities and projects that— increase public awareness and education on commercial motor vehicle safety; target unsafe driving of commercial motor vehicles and noncommercial motor vehicles in areas identified as high risk crash corridors; improve the safe and secure movement of hazardous materials; improve safe transportation of goods and persons in foreign commerce; demonstrate new technologies to improve commercial motor vehicle safety; support participation in performance and registration information systems management under section 31106(b)— for entities not responsible for submitting the plan under subsection (c); or for entities responsible for submitting the plan under subsection (c)— before October 1, 2020 , to achieve compliance with the requirements of participation; and beginning on October 1, 2020 , or once compliance is achieved, whichever is sooner, for special initiatives or projects that exceed routine operations required for participation; conduct safety data improvement projects— that complete or exceed the requirements under subsection (c)(2)(P) for entities not responsible for submitting the plan under subsection (c); or that exceed the requirements under subsection (c)(2)(P) for entities responsible for submitting the plan under subsection (c); support, through the use of funds otherwise available for such purposes— the recognition, prevention, and reporting of human trafficking, including the trafficking of human beings— in a commercial motor vehicle; or by any occupant, including the operator, of a commercial motor vehicle; the detection of criminal activity or any other violation of law relating to human trafficking; and enforcement of laws relating to human trafficking; otherwise support the recognition, prevention, and reporting of human trafficking; and otherwise improve commercial motor vehicle safety and compliance with commercial motor vehicle safety regulations. The Secretary shall establish an innovative technology deployment grant program to make discretionary grants to eligible States for the innovative technology deployment of commercial motor vehicle information systems and networks. The purposes of the program shall be— to advance the technological capability and promote the deployment of intelligent transportation system applications for commercial motor vehicle operations, including commercial motor vehicle, commercial driver, and carrier-specific information systems and networks; and to support and maintain commercial motor vehicle information systems and networks— to link Federal motor carrier safety information systems with State commercial motor vehicle systems; to improve the safety and productivity of commercial motor vehicles and drivers; and to reduce costs associated with commercial motor vehicle operations and Federal and State commercial motor vehicle regulatory requirements. To be eligible for a grant under this paragraph, a State shall— have a commercial motor vehicle information systems and networks program plan approved by the Secretary that describes the various systems and networks at the State level that need to be refined, revised, upgraded, or built to accomplish deployment of commercial motor vehicle information systems and networks capabilities; certify to the Secretary that its commercial motor vehicle information systems and networks deployment activities, including hardware procurement, software and system development, and infrastructure modifications— are consistent with the national intelligent transportation systems and commercial motor vehicle information systems and networks architectures and available standards; and promote interoperability and efficiency to the extent practicable; and agree to execute interoperability tests developed by the Federal Motor Carrier Safety Administration to verify that its systems conform with the national intelligent transportation systems architecture, applicable standards, and protocols for commercial motor vehicle information systems and networks. Grant funds received under this paragraph may be used— for deployment activities and activities to develop new and innovative advanced technology solutions that support commercial motor vehicle information systems and networks; for planning activities, including the development or updating of program or top level design plans in order to become eligible or maintain eligibility under subparagraph (C); for the operation and maintenance costs associated with innovative technology; for the detection of, and enforcement actions taken as a result of, criminal activity (including the trafficking of human beings)— in a commercial motor vehicle; or by any occupant, including the operator, of a commercial motor vehicle; and in addition to any funds otherwise made available for the recognition, prevention, and reporting of human trafficking, to support the recognition, prevention, and reporting of human trafficking. The Secretary is authorized to award a State funding for the operation and maintenance costs associated with innovative technology deployment with funds made available under sections 31104(a)(1) and 31104(a)(2). In this paragraph, the term “passenger-carrying commercial motor vehicle” has the meaning given the term “commercial motor vehicle” in section 31301. The Secretary shall establish an immobilization grant program under which the Secretary shall provide to States discretionary grants for the immobilization or impoundment of passenger-carrying commercial motor vehicles that— are determined to be unsafe; or fail inspection. The Secretary, in consultation with State commercial motor vehicle entities, shall develop a list of commercial motor vehicle safety violations and defects that the Secretary determines warrant the immediate immobilization of a passenger-carrying commercial motor vehicle. A State shall be eligible to receive a grant under this paragraph only if the State has the authority to require the immobilization or impoundment of a passenger-carrying commercial motor vehicle— with respect to which a motor vehicle safety violation included in the list developed under subparagraph (C) is determined to exist; or that is determined to have a defect included in that list. A grant provided under this paragraph may be used for— the immobilization or impoundment of passenger-carrying commercial motor vehicles described in subparagraph (D); safety inspections of those passenger-carrying commercial motor vehicles; and any other activity relating to an activity described in clause (i) or (ii), as determined by the Secretary. The Secretary may provide to a State amounts for the costs associated with carrying out an immobilization program using funds made available under section 31104(a)(2). The Secretary shall administer a commercial motor vehicle enforcement training and support grant program funded under section 31104(a)(3), under which the Secretary shall make discretionary grants to eligible entities described in subparagraph (C) for the purposes described in subparagraph (B). The purposes of the grant program under subparagraph (A) are— to train non-Federal employees who conduct commercial motor vehicle enforcement activities; and to develop related training materials. An entity eligible for a discretionary grant under the program described in subparagraph (A) is a nonprofit organization that has— expertise in conducting a training program for non-Federal employees; and the ability to reach and involve in a training program a target population of commercial motor vehicle safety enforcement employees.

§ 31103 Commercial motor vehicle operators grant program

(a) In General.— The Secretary shall administer a commercial motor vehicle operators grant program funded under section 31104.

(b) Purpose.— The purpose of the grant program is to train individuals in the safe operation of commercial motor vehicles (as defined in section 31301).

(c) Veterans.— In administering grants under this section, the Secretary shall award priority to grant applications for programs to train former members of the armed forces (as defined in section 101 of title 10 ) in the safe operation of such vehicles.

§ 31104 Authorization of appropriations

(a) Financial Assistance Programs.— There are authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account)— subject to subsection (c), to carry out the motor carrier safety assistance program under section 31102 (other than the high priority program under subsection ( l ) of that section)— $390,500,000forfiscalyear2022;$398,500,000 for fiscal year 2023; $406,500,000forfiscalyear2024;$414,500,000 for fiscal year 2025; and $422,500,000forfiscalyear2026;subjecttosubsection(c),tocarryoutthehighpriorityprogramundersection31102(l)(otherthanthecommercialmotorvehicleenforcementtrainingandsupportgrantprogramunderparagraph(5)ofthatsection)—$57,600,000 for fiscal year 2022; $58,800,000forfiscalyear2023;$60,000,000 for fiscal year 2024; $61,200,000forfiscalyear2025;and$62,400,000 for fiscal year 2026; to carry out the commercial motor vehicle enforcement training and support grant program under section 31102( l )(5), $5,000,000foreachoffiscalyears2022through2026;tocarryoutthecommercialmotorvehicleoperatorsgrantprogramundersection31103—$1,100,000 for fiscal year 2022; $1,200,000forfiscalyear2023;$1,300,000 for fiscal year 2024; $1,400,000forfiscalyear2025;and$1,500,000 for fiscal year 2026; and subject to subsection (c), to carry out the financial assistance program for commercial driver’s license implementation under section 31313— $41,800,000forfiscalyear2022;$42,650,000 for fiscal year 2023; $43,500,000forfiscalyear2024;$44,350,000 for fiscal year 2025; and $45,200,000 for fiscal year 2026.

(b) Reimbursement and Payment to Recipients for Government Share of Costs.— Amounts made available under subsection (a) shall be used to reimburse financial assistance recipients proportionally for the Federal Government’s share of the costs incurred. The Secretary shall reimburse a recipient, in accordance with a financial assistance agreement made under section 31102 (except subsection ( l )(5) of that section), 31103, or 31313, an amount that is at least 85 percent of the costs incurred by the recipient in a fiscal year in developing and implementing programs under such sections. The Secretary shall reimburse a recipient, in accordance with a financial assistance agreement made under section 31102( l )(5), an amount that is equal to 100 percent of the costs incurred by the recipient in a fiscal year in developing and implementing a training program under that section. The Secretary shall pay the recipient an amount not more than the Federal Government share of the total costs approved by the Federal Government in the financial assistance agreement. The Secretary shall include a recipient’s in-kind contributions in determining the reimbursement. Each recipient shall submit vouchers at least quarterly for costs the recipient incurs in developing and implementing programs under sections 31102, 31103, and 31313.

(c) Deductions for Program Support.— On October 1 of each fiscal year, or as soon after that date as practicable, the Secretary may deduct from amounts made available under paragraphs (1), (2), and (5) of subsection (a) for that fiscal year not more than 1.50 percent of those amounts for program support in that fiscal year.

(d) Grants and Cooperative Agreements as Contractual Obligations.— The approval of a financial assistance agreement by the Secretary under section 31102, 31103, or 31313 is a contractual obligation of the Federal Government for payment of the Federal Government’s share of costs in carrying out the provisions of the grant or cooperative agreement.

(e) Eligible Activities.— The Secretary shall establish criteria for eligible activities to be funded with financial assistance agreements under this section and publish those criteria in a notice of funding availability before the financial assistance program application period.

(f) Period of Availability of Financial Assistance Agreement Funds for Recipient Expenditures.— The period of availability for a recipient to expend funds under a grant or cooperative agreement authorized under subsection (a) is as follows: For grants made for carrying out section 31102, other than section 31102( l ), for the fiscal year in which the Secretary approves the financial assistance agreement and for the next 2 fiscal years. For grants made or cooperative agreements entered into for carrying out section 31102( l )(2), for the fiscal year in which the Secretary approves the financial assistance agreement and for the next 2 fiscal years. For grants made for carrying out section 31102( l )(3), for the fiscal year in which the Secretary approves the financial assistance agreement and for the next 4 fiscal years. For grants made for carrying out section 31102( l )(5), for the fiscal year in which the Secretary approves the financial assistance agreement and for the next 4 fiscal years. For grants made for carrying out section 31103, for the fiscal year in which the Secretary approves the financial assistance agreement and for the next 2 fiscal years. For grants made or cooperative agreements entered into for carrying out section 31313, for the fiscal year in which the Secretary approves the financial assistance agreement and for the next 4 fiscal years.

(g) Contract Authority; Initial Date of Availability.— Amounts authorized from the Highway Trust Fund (other than the Mass Transit Account) by this section shall be available for obligation on the date of their apportionment or allocation or on October 1 of the fiscal year for which they are authorized, whichever occurs first.

(h) Availability of Funding.— Amounts made available under this section shall remain available until expended.

(i) Reallocation.— Except as provided in paragraph (2), amounts not expended by a recipient during the period of availability shall be released back to the Secretary for reallocation for any purpose under section 31102, 31103, or 31313 or this section to ensure, to the maximum extent possible, that all such amounts are obligated. Amounts made available for the motor carrier safety assistance program established under section 31102 (other than amounts made available to carry out section 31102( l )) that are not expended by a recipient during the period of availability shall be released back to the Secretary for reallocation under that program.

§ 31105 Employee protections

(a) Prohibitions.— A person may not discharge an employee, or discipline or discriminate against an employee regarding pay, terms, or privileges of employment, because— the employee, or another person at the employee’s request, has filed a complaint or begun a proceeding related to a violation of a commercial motor vehicle safety or security regulation, standard, or order, or has testified or will testify in such a proceeding; or the person perceives that the employee has filed or is about to file a complaint or has begun or is about to begin a proceeding related to a violation of a commercial motor vehicle safety or security regulation, standard, or order; the employee refuses to operate a vehicle because— the operation violates a regulation, standard, or order of the United States related to commercial motor vehicle safety, health, or security; or the employee has a reasonable apprehension of serious injury to the employee or the public because of the vehicle’s hazardous safety or security condition; the employee accurately reports hours on duty pursuant to chapter 315; the employee cooperates, or the person perceives that the employee is about to cooperate, with a safety or security investigation by the Secretary of Transportation, the Secretary of Homeland Security, or the National Transportation Safety Board; or the employee furnishes, or the person perceives that the employee is or is about to furnish, information to the Secretary of Transportation, the Secretary of Homeland Security, the National Transportation Safety Board, or any Federal, State, or local regulatory or law enforcement agency as to the facts relating to any accident or incident resulting in injury or death to an individual or damage to property occurring in connection with commercial motor vehicle transportation. Under paragraph (1)(B)(ii) of this subsection, an employee’s apprehension of serious injury is reasonable only if a reasonable individual in the circumstances then confronting the employee would conclude that the hazardous safety or security condition establishes a real danger of accident, injury, or serious impairment to health. To qualify for protection, the employee must have sought from the employer, and been unable to obtain, correction of the hazardous safety or security condition.

(b) Filing Complaints and Procedures.— An employee alleging discharge, discipline, or discrimination in violation of subsection (a) of this section, or another person at the employee’s request, may file a complaint with the Secretary of Labor not later than 180 days after the alleged violation occurred. All complaints initiated under this section shall be governed by the legal burdens of proof set forth in section 42121(b). On receiving the complaint, the Secretary of Labor shall notify, in writing, the person alleged to have committed the violation of the filing of the complaint. Not later than 60 days after receiving a complaint, the Secretary of Labor shall conduct an investigation, decide whether it is reasonable to believe the complaint has merit, and notify, in writing, the complainant and the person alleged to have committed the violation of the findings. If the Secretary of Labor decides it is reasonable to believe a violation occurred, the Secretary of Labor shall include with the decision findings and a preliminary order for the relief provided under paragraph (3) of this subsection. Not later than 30 days after the notice under subparagraph (A) of this paragraph, the complainant and the person alleged to have committed the violation may file objections to the findings or preliminary order, or both, and request a hearing on the record. The filing of objections does not stay a reinstatement ordered in the preliminary order. If a hearing is not requested within the 30 days, the preliminary order is final and not subject to judicial review. A hearing shall be conducted expeditiously. Not later than 120 days after the end of the hearing, the Secretary of Labor shall issue a final order. Before the final order is issued, the proceeding may be ended by a settlement agreement made by the Secretary of Labor, the complainant, and the person alleged to have committed the violation. If the Secretary of Labor decides, on the basis of a complaint, a person violated subsection (a) of this section, the Secretary of Labor shall order the person to— take affirmative action to abate the violation; reinstate the complainant to the former position with the same pay and terms and privileges of employment; and pay compensatory damages, including backpay with interest and compensation for any special damages sustained as a result of the discrimination, including litigation costs, expert witness fees, and reasonable attorney fees. If the Secretary of Labor issues an order under subparagraph (A) of this paragraph and the complainant requests, the Secretary of Labor may assess against the person against whom the order is issued the costs (including attorney fees) reasonably incurred by the complainant in bringing the complaint. The Secretary of Labor shall determine the costs that reasonably were incurred. Relief in any action under subsection (b) may include punitive damages in an amount not to exceed $250,000.

(c) De Novo Review.— With respect to a complaint under paragraph (1), 1 if the Secretary of Labor has not issued a final decision within 210 days after the filing of the complaint and if the delay is not due to the bad faith of the employee, the employee may bring an original action at law or equity for de novo review in the appropriate district court of the United States, which shall have jurisdiction over such an action without regard to the amount in controversy, and which action shall, at the request of either party to such action, be tried by the court with a jury.

(d) Judicial Review and Venue.— A person adversely affected by an order issued after a hearing under subsection (b) of this section may file a petition for review, not later than 60 days after the order is issued, in the court of appeals of the United States for the circuit in which the violation occurred or the person resided on the date of the violation. Review shall conform to chapter 7 of title 5. The review shall be heard and decided expeditiously. An order of the Secretary of Labor subject to review under this subsection is not subject to judicial review in a criminal or other civil proceeding.

(e) Civil Actions to Enforce.— If a person fails to comply with an order issued under subsection (b) of this section, the Secretary of Labor shall bring a civil action to enforce the order in the district court of the United States for the judicial district in which the violation occurred.

(f) No Preemption.— Nothing in this section preempts or diminishes any other safeguards against discrimination, demotion, discharge, suspension, threats, harassment, reprimand, retaliation, or any other manner of discrimination provided by Federal or State law.

(g) Rights Retained by Employee.— Nothing in this section shall be deemed to diminish the rights, privileges, or remedies of any employee under any Federal or State law or under any collective bargaining agreement. The rights and remedies in this section may not be waived by any agreement, policy, form, or condition of employment.

(h) Disclosure of Identity.— Except as provided in paragraph (2) of this subsection, or with the written consent of the employee, the Secretary of Transportation or the Secretary of Homeland Security may not disclose the name of an employee who has provided information about an alleged violation of this part, or a regulation prescribed or order issued under any of those provisions. The Secretary of Transportation or the Secretary of Homeland Security shall disclose to the Attorney General the name of an employee described in paragraph (1) of this subsection if the matter is referred to the Attorney General for enforcement. The Secretary making such disclosure shall provide reasonable advance notice to the affected employee if disclosure of that person’s identity or identifying information is to occur.

(i) Process for Reporting Security Problems to the Department of Homeland Security.— The Secretary of Homeland Security shall establish through regulations, after an opportunity for notice and comment, a process by which any person may report to the Secretary of Homeland Security regarding motor carrier vehicle security problems, deficiencies, or vulnerabilities. If a report submitted under paragraph (1) identifies the person making the report, the Secretary of Homeland Security shall respond promptly to such person and acknowledge receipt of the report. The Secretary of Homeland Security shall review and consider the information provided in any report submitted under paragraph (1) and shall take appropriate steps to address any problems or deficiencies identified.

(j) Definition.— In this section, “employee” means a driver of a commercial motor vehicle (including an independent contractor when personally operating a commercial motor vehicle), a mechanic, a freight handler, or an individual not an employer, who— directly affects commercial motor vehicle safety or security in the course of employment by a commercial motor carrier; and is not an employee of the United States Government, a State, or a political subdivision of a State acting in the course of employment.

§ 31106 Information systems

(a) Information Systems and Data Analysis.— Subject to the provisions of this section, the Secretary shall establish and operate motor carrier, commercial motor vehicle, and driver information systems and data analysis programs to support safety regulatory and enforcement activities required under this title. In cooperation with the States, the information systems under this section shall be coordinated into a network providing accurate identification of motor carriers and drivers, commercial motor vehicle registration and license tracking, and motor carrier, commercial motor vehicle, and driver safety performance data. The Secretary shall develop and maintain under this section data analysis capacity and programs that provide the means to— identify and collect necessary motor carrier, commercial motor vehicle, and driver data; evaluate the safety fitness of motor carriers and drivers; develop strategies to mitigate safety problems and to use data analysis to address and measure the effectiveness of such strategies and related programs; determine the cost-effectiveness of Federal and State safety compliance and enforcement programs and other countermeasures; adapt, improve, and incorporate other information and information systems as the Secretary determines appropriate; ensure, to the maximum extent practical, all the data is complete, timely, and accurate across all information systems and initiatives; establish and implement a national motor carrier safety data correction system; and determine whether a person or employer is or was related, through common ownership, common management, common control, or common familial relationship, to any other person, employer, or any other applicant for registration under section 13902 or 31134. To implement this section, the Secretary shall prescribe technical and operational standards to ensure— uniform, timely, and accurate information collection and reporting by the States and other entities as determined appropriate by the Secretary; uniform Federal, State, and local policies and procedures necessary to operate the information system; and the reliability and availability of the information to the Secretary and States.

(b) Performance and Registration Information Systems Management.— The Secretary shall include, as part of the motor carrier information system authorized by this section, a program to establish and maintain a clearinghouse and repository of information related to State registration and licensing of commercial motor vehicles, the registrants of such vehicles, and the motor carriers operating such vehicles. The clearinghouse and repository may include information on the safety fitness of each of the motor carriers and registrants and other information the Secretary considers appropriate, including information on motor carrier, commercial motor vehicle, and driver safety performance. The program shall link Federal motor carrier safety information systems with State commercial vehicle registration and licensing systems and shall be designed to enable a State to— determine the safety fitness of a motor carrier or registrant when licensing or registering the registrant or motor carrier or while the license or registration is in effect; and deny, suspend, or revoke the commercial motor vehicle registrations of a motor carrier or registrant that has been issued an operations out-of-service order by the Secretary. The Secretary shall require States, as a condition of participation in the program, to— comply with the uniform policies, procedures, and technical and operational standards prescribed by the Secretary under subsection (a)(4); possess or seek the authority to possess for a time period no longer than determined reasonable by the Secretary, to impose sanctions relating to commercial motor vehicle registration on the basis of a Federal safety fitness determination; and establish and implement a process— to cancel the motor vehicle registration and seize the registration plates of a vehicle when an employer is found liable under section 31310(i)(2)(C) for knowingly allowing or requiring an employee to operate such a commercial motor vehicle in violation of an out-of-service order; and to reinstate the vehicle registration or return the registration plates of the commercial motor vehicle, subject to sanctions under clause (i), if the Secretary permits such carrier to resume operations after the date of issuance of such order.

(c) In coordination with the information system under section 31309, the Secretary is authorized to establish a program to improve commercial motor vehicle driver safety. The objectives of the program shall include— enhancing the exchange of driver licensing information among the States, the Federal Government, and foreign countries; providing information to the judicial system on commercial motor vehicle drivers; evaluating any aspect of driver performance that the Secretary determines appropriate; and developing appropriate strategies and countermeasures to improve driver safety. The Secretary may require a State, as a condition of an award of grant money under this section, to provide the Secretary access to all State licensing status and driver history records via an electronic information system, subject to section 2721 of title 18 .

(d) Cooperative Agreements, Grants, and Contracts.— The Secretary may carry out this section either independently or in cooperation with other Federal departments, agencies, and instrumentalities, or by making grants to, and entering into contracts and cooperative agreements with, States, local governments, associations, institutions, corporations, and other persons.

(e) The Secretary shall develop a policy on making information available from the information systems authorized by this section and section 31309. The policy shall be consistent with existing Federal information laws, including regulations, and shall provide for review and correction of such information in a timely manner. Notwithstanding any prohibition on disclosure of information in section 31105(h) or 31143(b) of this title or section 552a of title 5 , the Secretary may disclose information maintained by the Secretary pursuant to chapters 51, 135, 311, or 313 of this title to appropriate personnel of a State agency or instrumentality authorized to carry out State commercial motor vehicle safety activities and commercial driver’s license laws, or appropriate personnel of a local law enforcement agency, in accordance with standards, conditions, and procedures as determined by the Secretary. Disclosure under this section shall not operate as a waiver by the Secretary of any applicable privilege against disclosure under common law or as a basis for compelling disclosure under section 552 of title 5 .

[§ 31107 Repealed. Pub. L. 114–94, div. A, title V, § 5101(e)(3), Dec. 4, 2015, 129 Stat. 1525]

§ 31108 Motor carrier research and technology program

(a) Research, Technology, and Technology Transfer Activities.— The Secretary of Transportation shall establish and carry out a motor carrier and motor coach research and technology program. The program must include a multi-year research plan that focuses on nonredundant innovative research and shall be coordinated with other research programs or projects ongoing or planned within the Department of Transportation, as appropriate. The Secretary may carry out under the program research, development, technology, and technology transfer activities with respect to— the causes of accidents, injuries, and fatalities involving commercial motor vehicles; means of reducing the number and severity of accidents, injuries, and fatalities involving commercial motor vehicles; improving the safety and efficiency of commercial motor vehicles through technological innovation and improvement; improving technology used by enforcement officers when conducting roadside inspections and compliance reviews to increase efficiency and information transfers; and increasing the safety and security of hazardous materials transportation. The Secretary may test, develop, or assist in testing and developing any material, invention, patented article, or process related to the research and technology program. The Secretary may use the funds made available to carry out this section for training or education of commercial motor vehicle safety personnel, including training in accident reconstruction and detection of controlled substances or other contraband and stolen cargo or vehicles. The Secretary may carry out this section— independently; in cooperation with other Federal departments, agencies, and instrumentalities and Federal laboratories; or by making grants to, or entering into contracts and cooperative agreements with, any Federal laboratory, State agency, authority, association, institution, for-profit or nonprofit corporation, organization, foreign country, or person. The Secretary shall use funds made available to carry out this section to develop, administer, communicate, and promote the use of products of research, technology, and technology transfer programs under this section.

(b) Collaborative Research and Development.— To advance innovative solutions to problems involving commercial motor vehicle and motor carrier safety, security, and efficiency, and to stimulate the deployment of emerging technology, the Secretary may carry out, on a cost-shared basis, collaborative research and development with— non-Federal entities, including State and local governments, foreign governments, colleges and universities, corporations, institutions, partnerships, and sole proprietorships that are incorporated or established under the laws of any State; and Federal laboratories. In carrying out this subsection, the Secretary may enter into cooperative research and development agreements (as defined in section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3710a )). The Federal share of the cost of activities carried out under a cooperative research and development agreement entered into under this subsection shall not exceed 50 percent; except that, if there is substantial public interest or benefit associated with any such activity, the Secretary may approve a greater Federal share. All costs directly incurred by the non-Federal partners, including personnel, travel, and hardware or software development costs, shall be credited toward the non-Federal share of the cost of the activities described in subparagraph (A). The research, development, or use of a technology under a cooperative research and development agreement entered into under this subsection, including the terms under which the technology may be licensed and the resulting royalties may be distributed, shall be subject to the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3701 et seq.).

[§ 31109 Repealed. Pub. L. 114–94, div. A, title V, § 5101(e)(4), Dec. 4, 2015, 129 Stat. 1525]

§ 31110 Authorization of appropriations

(a) Administrative Expenses.— There are authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) for the Secretary of Transportation to pay administrative expenses of the Federal Motor Carrier Safety Administration— $360,000,000forfiscalyear2022;$367,500,000 for fiscal year 2023; $375,000,000forfiscalyear2024;$382,500,000 for fiscal year 2025; and $390,000,000 for fiscal year 2026.

(b) Use of Funds.— The funds authorized by this section shall be used for— personnel costs; administrative infrastructure; rent; information technology; programs for research and technology, information management, regulatory development, and the administration of performance and registration information systems management under section 31106(b); programs for outreach and education under subsection (c); other operating expenses; conducting safety reviews of new operators; and such other expenses as may from time to time become necessary to implement statutory mandates of the Federal Motor Carrier Safety Administration not funded from other sources.

(c) Outreach and Education Program.— The Secretary may conduct, through any combination of grants, contracts, cooperative agreements, and other activities, an internal and external outreach and education program to be administered by the Administrator of the Federal Motor Carrier Safety Administration. The program authorized under this subsection may support, in addition to funds otherwise available for such purposes, the recognition, prevention, and reporting of human trafficking, while deferring to existing resources, as practicable. The Federal share of an outreach and education project for which a grant, contract, or cooperative agreement is made under this subsection may be up to 100 percent of the cost of the project. From amounts made available under subsection (a), the Secretary shall make available not more than $4,000,000 each fiscal year to carry out this subsection.

(d) Contract Authority; Initial Date of Availability.— Amounts authorized from the Highway Trust Fund (other than the Mass Transit Account) by this section shall be available for obligation on the date of their apportionment or allocation or on October 1 of the fiscal year for which they are authorized, whichever occurs first.

(e) Funding Availability.— Amounts made available under this section shall remain available until expended.

(f) Contractual Obligation.— The approval of funds by the Secretary under this section is a contractual obligation of the Federal Government for payment of the Federal Government’s share of costs.

§ 31111 Length limitations

(a) Definitions.— In this section, the following definitions apply: The term “automobile transporter” means any vehicle combination designed and used for the transport of assembled highway vehicles, including truck camper units. An automobile transporter shall not be prohibited from the transport of cargo or general freight on a backhaul, so long as it complies with weight limitations for a truck tractor and semitrailer combination. The term “maxi-cube vehicle” means a truck tractor combined with a semitrailer and a separable property-carrying unit designed to be loaded and unloaded through the semitrailer, with the length of the separable property-carrying unit being not more than 34 feet and the length of the vehicle combination being not more than 65 feet. The term “truck tractor” means— a non-property-carrying power unit that operates in combination with a semitrailer or trailer; or a power unit that carries as property motor vehicles when operating in combination with a semitrailer in transporting motor vehicles or any other commodity, including cargo or general freight on a backhaul. The term “driveaway saddlemount vehicle transporter combination” means a vehicle combination designed and specifically used to tow up to 3 trucks or truck tractors, each connected by a saddle to the frame or fifth-wheel of the forward vehicle of the truck or truck tractor in front of it. Such combination may include one fullmount. The term “backhaul” means the return trip of a vehicle transporting cargo or general freight, especially when carrying goods back over all or part of the same route. The term “trailer transporter towing unit” means a power unit that is not used to carry property when operating in a towaway trailer transporter combination. The term “towaway trailer transporter combination” means a combination of vehicles consisting of a trailer transporter towing unit and 2 trailers or semitrailers— with a total weight that does not exceed 26,000 pounds; and in which the trailers or semitrailers carry no property and constitute inventory property of a manufacturer, distributor, or dealer of such trailers or semitrailers.

(b) General Limitations.— Except as provided in this section, a State may not prescribe or enforce a regulation of commerce that— imposes a vehicle length limitation of less than 45 feet on a bus, of less than 48 feet on a semitrailer operating in a truck tractor-semitrailer combination, or of less than 28 feet on a semitrailer or trailer operating in a truck tractor-semitrailer-trailer combination, on any segment of the Dwight D. Eisenhower System of Interstate and Defense Highways (except a segment exempted under subsection (f) of this section) and those classes of qualifying Federal-aid Primary System highways designated by the Secretary of Transportation under subsection (e) of this section; imposes an overall length limitation on a commercial motor vehicle operating in a truck tractor-semitrailer or truck tractor-semitrailer-trailer combination; has the effect of prohibiting the use of a semitrailer or trailer of the same dimensions as those that were in actual and lawful use in that State on December 1, 1982 ; imposes a vehicle length limitation of not less than or more than 97 feet on all driveaway saddlemount vehicle transporter combinations; has the effect of prohibiting the use of an existing semitrailer or trailer, of not more than 28.5 feet in length, in a truck tractor-semitrailer-trailer combination if the semitrailer or trailer was operating lawfully on December 1, 1982 , within a 65-foot overall length limit in any State; imposes a limitation of less than 46 feet on the distance from the kingpin to the center of the rear axle on trailers used exclusively or primarily in connection with motorsports competition events; imposes a vehicle length limitation of less than 80 feet on a stinger-steered automobile transporter with a front overhang of less than 4 feet and a rear overhang of less than 6 feet; or has the effect of imposing an overall length limitation of less than 82 feet on a towaway trailer transporter combination. A length limitation prescribed or enforced by a State under paragraph (1)(A) of this subsection applies only to a semitrailer or trailer and not to a truck tractor.

(c) Maxi-Cube and Vehicle Combination Limitations.— A State may not prohibit a maxi-cube vehicle or a commercial motor vehicle combination consisting of a truck tractor and 2 trailing units on any segment of the Dwight D. Eisenhower System of Interstate and Defense Highways (except a segment exempted under subsection (f) of this section) and those classes of qualifying Federal-aid Primary System highways designated by the Secretary under subsection (e) of this section.

(d) Exclusion of Safety and Energy Conservation Devices.— Length calculated under this section does not include a safety or energy conservation device the Secretary decides is necessary for safe and efficient operation of a commercial motor vehicle. However, such a device may not have by its design or use the ability to carry cargo.

(e) Qualifying Highways.— The Secretary by regulation shall designate as qualifying Federal-aid Primary System highways those highways of the Federal-aid Primary System in existence on June 1, 1991 , that can accommodate safely the applicable vehicle lengths provided in this section.

(f) Exemptions.— If the chief executive officer of a State, after consulting under paragraph (2) of this subsection, decides a segment of the Dwight D. Eisenhower System of Interstate and Defense Highways is not capable of safely accommodating a commercial motor vehicle having a length described in subsection (b)(1)(A) of this section or the motor vehicle combination described in subsection (c) of this section, the chief executive officer may notify the Secretary of that decision and request the Secretary to exempt that segment from either or both provisions. Before making a decision under paragraph (1) of this subsection, the chief executive officer shall consult with units of local government in the State in which the segment of the Dwight D. Eisenhower System of Interstate and Defense Highways is located and with the chief executive officer of any adjacent State that may be directly affected by the exemption. As part of the consultations, consideration shall be given to any potential alternative route that serves the area in which the segment is located and can safely accommodate a commercial motor vehicle having a length described in subsection (b)(1)(A) of this section or the motor vehicle combination described in subsection (c) of this section. A chief executive officer’s notification under this subsection must include specific evidence of safety problems supporting the officer’s decision and the results of consultations about alternative routes. If the Secretary decides, on request of a chief executive officer or on the Secretary’s own initiative, a segment of the Dwight D. Eisenhower System of Interstate and Defense Highways is not capable of safely accommodating a commercial motor vehicle having a length described in subsection (b)(1)(A) of this section or the motor vehicle combination described in subsection (c) of this section, the Secretary shall exempt the segment from either or both of those provisions. Before making a decision under this paragraph, the Secretary shall consider any possible alternative route that serves the area in which the segment is located. The Secretary shall make a decision about a specific segment not later than 120 days after the date of receipt of notification from a chief executive officer under paragraph (1) of this subsection or the date on which the Secretary initiates action under subparagraph (A) of this paragraph, whichever is applicable. If the Secretary finds the decision will not be made in time, the Secretary immediately shall notify Congress, giving the reasons for the delay, information about the resources assigned, and the projected date for the decision. Before making a decision, the Secretary shall give an interested person notice and an opportunity for comment. If the Secretary exempts a segment under this subsection before the final regulations under subsection (e) of this section are prescribed, the Secretary shall include the exemption as part of the final regulations. If the Secretary exempts the segment after the final regulations are prescribed, the Secretary shall publish the exemption as an amendment to the final regulations.

(g) Accommodating Specialized Equipment.— In prescribing regulations to carry out this section, the Secretary may make decisions necessary to accommodate specialized equipment, including automobile and vessel transporters and maxi-cube vehicles.

§ 31112 Property-carrying unit limitation

(a) Definitions.— In this section— “property-carrying unit” means any part of a commercial motor vehicle combination (except the truck tractor) used to carry property, including a trailer, a semitrailer, or the property-carrying section of a single unit truck, but not including a trailer or a semitrailer transported as part of a towaway trailer transporter combination (as defined in section 31111(a)). the length of the property-carrying units of a commercial motor vehicle combination is the length measured from the front of the first property-carrying unit to the rear of the last property-carrying unit.

(b) General Limitations.— A State may not allow by any means the operation, on any segment of the Dwight D. Eisenhower System of Interstate and Defense Highways and those classes of qualifying Federal-aid Primary System highways designated by the Secretary of Transportation under section 31111(e) of this title , of any commercial motor vehicle combination (except a vehicle or load that cannot be dismantled easily or divided easily and that has been issued a special permit under applicable State law) with more than one property-carrying unit (not including the truck tractor) whose property-carrying units are more than— the maximum combination trailer, semitrailer, or other type of length limitation allowed by law or regulation of that State before June 2, 1991 ; or the length of the property-carrying units of those commercial motor vehicle combinations, by specific configuration, in actual, lawful operation on a regular or periodic basis (including continuing seasonal operation) in that State before June 2, 1991 .

(c) Special Rules for Wyoming, Ohio, Alaska, Iowa, Nebraska, Kansas, and Oregon.— In addition to the vehicles allowed under subsection (b) of this section— Wyoming may allow the operation of additional vehicle configurations not in actual operation on June 1, 1991 , but authorized by State law not later than November 3, 1992 , if the vehicle configurations comply with the single axle, tandem axle, and bridge formula limits in section 127(a) of title 23 and are not more than 117,000 pounds gross vehicle weight; Ohio may allow the operation of commercial motor vehicle combinations with 3 property-carrying units of 28.5 feet each (not including the truck tractor) not in actual operation on June 1, 1991 , to be operated in Ohio on the 1-mile segment of Ohio State Route 7 that begins at and is south of exit 16 of the Ohio Turnpike; Alaska may allow the operation of commercial motor vehicle combinations that were not in actual operation on June 1, 1991 , but were in actual operation before July 6, 1991 ; Iowa may allow the operation on Interstate Route 29 between Sioux City, Iowa, and the border between Iowa and South Dakota or on Interstate Route 129 between Sioux City, Iowa, and the border between Iowa and Nebraska of commercial motor vehicle combinations with trailer length, semitrailer length, and property-carrying unit length allowed by law or regulation and in actual lawful operation on a regular or periodic basis (including continued seasonal operation) in South Dakota or Nebraska, respectively, before June 2, 1991 ; Nebraska and Kansas may allow the operation of a truck tractor and 2 trailers or semitrailers not in actual lawful operation on a regular or periodic basis on June 1, 1991 , if the length of the property-carrying units does not exceed 81 feet 6 inches and such combination is used only to transport equipment utilized by custom harvesters under contract to agricultural producers to harvest one or more of wheat, soybeans, and milo during the harvest months for such crops, as defined by the relevant state; 1 and Oregon may allow the operation of a truck tractor and 2 property-carrying units not in actual lawful operation on a regular or periodic basis on June 1, 1991 , if— the length of the property-carrying units does not exceed 82 feet 8 inches; the combination is used only to transport sugar beets; and the operation occurs on United States Route 20, United States Route 26, United States Route 30, or Oregon Route 201 in the vicinity, or between any, of— Vale, Oregon; Ontario, Oregon; or Nyssa, Oregon.

(d) Additional Limitations.— A commercial motor vehicle combination whose operation in a State is not prohibited under subsections (b) and (c) of this section may continue to operate in the State on highways described in subsection (b) only if at least in compliance with all State laws, regulations, limitations, and conditions, including routing-specific and configuration-specific designations and all other restrictions in force in the State on June 1, 1991 . However, subject to regulations prescribed by the Secretary under subsection (g)(2) of this section, the State may make minor adjustments of a temporary and emergency nature to route designations and vehicle operating restrictions in effect on June 1, 1991 , for specific safety purposes and road construction. This section does not prevent a State from further restricting in any way or prohibiting the operation of any commercial motor vehicle combination subject to this section, except that a restriction or prohibition shall be consistent with this section and sections 31113(a) and (b) and 31114 of this title. A State making a minor adjustment of a temporary and emergency nature as authorized by paragraph (1) of this subsection or further restricting or prohibiting the operation of a commercial motor vehicle combination as authorized by paragraph (2) of this subsection shall advise the Secretary not later than 30 days after the action. The Secretary shall publish a notice of the action in the Federal Register. 2 Nebraska may continue to allow to be operated under paragraphs (b)(1) and (b)(2) of this section, 3 the State of Nebraska may allow longer combination vehicles that were not in actual operation on June 1, 1991 to be operated within its boundaries to transport sugar beets from the field where such sugar beets are harvested to storage, market, factory or stockpile or from stockpile to storage, market or factory. This provision shall expire on February 28, 1998 .

(e) List of State Length Limitations.— Not later than February 16, 1992 , each State shall submit to the Secretary for publication a complete list of State length limitations applicable to commercial motor vehicle combinations operating in the State on the highways described in subsection (b) of this section. The list shall indicate the applicable State laws and regulations associated with the length limitations. If a State does not submit the information as required, the Secretary shall complete and file the information for the State. Not later than March 17, 1992 , the Secretary shall publish an interim list in the Federal Register consisting of all information submitted under paragraph (1) of this subsection. The Secretary shall review for accuracy all information submitted by a State under paragraph (1) and shall solicit and consider public comment on the accuracy of the information. A law or regulation may not be included on the list submitted by a State or published by the Secretary merely because it authorized, or could have authorized, by permit or otherwise, the operation of commercial motor vehicle combinations not in actual operation on a regular or periodic basis before June 2, 1991 . Except as revised under this paragraph or paragraph (5) of this subsection, the list shall be published as final in the Federal Register not later than June 15, 1992 . In publishing the final list, the Secretary shall make any revisions necessary to correct inaccuracies identified under paragraph (2) of this subsection. After publication of the final list, commercial motor vehicle combinations prohibited under subsection (b) of this section may not operate on the Dwight D. Eisenhower System of Interstate and Defense Highways and other Federal-aid Primary System highways designated by the Secretary except as published on the list. The list may be combined by the Secretary with the list required under section 127(d) of title 23 . On the Secretary’s own motion or on request by any person (including a State), the Secretary shall review the list published under paragraph (4) of this subsection. If the Secretary decides there is reason to believe a mistake was made in the accuracy of the list, the Secretary shall begin a proceeding to decide whether a mistake was made. If the Secretary decides there was a mistake, the Secretary shall publish the correction.

(f) Limitations on Statutory Construction.— This section may not be construed— to allow the operation on any segment of the Dwight D. Eisenhower System of Interstate and Defense Highways of a longer combination vehicle prohibited under section 127(d) of title 23 ; to affect in any way the operation of a commercial motor vehicle having only one property-carrying unit; or to affect in any way the operation in a State of a commercial motor vehicle with more than one property-carrying unit if the vehicle was in actual operation on a regular or periodic basis (including seasonal operation) in that State before June 2, 1991 , that was authorized under State law or regulation or lawful State permit.

(g) Regulations.— In carrying out this section only, the Secretary shall define by regulation loads that cannot be dismantled easily or divided easily. Not later than June 15, 1992 , the Secretary shall prescribe regulations establishing criteria for a State to follow in making minor adjustments under subsection (d) of this section.

§ 31113 Width limitations

(a) General Limitations.— Except as provided in subsection (e) of this section, a State (except Hawaii) may not prescribe or enforce a regulation of commerce that imposes a vehicle width limitation of more or less than 102 inches on a commercial motor vehicle operating on— a segment of the Dwight D. Eisenhower System of Interstate and Defense Highways (except a segment exempted under subsection (e) of this section); a qualifying Federal-aid highway designated by the Secretary of Transportation, with traffic lanes designed to be at least 12 feet wide; or a qualifying Federal-aid Primary System highway designated by the Secretary if the Secretary decides the designation is consistent with highway safety. Notwithstanding paragraph (1) of this subsection, a State may continue to enforce a regulation of commerce in effect on April 6, 1983 , that applies to a commercial motor vehicle of more than 102 inches in width, until the date on which the State prescribes a regulation of commerce that complies with this subsection. A Federal-aid highway (except an interstate highway) not designated under this subsection on June 5, 1984 , may be designated under this subsection only with the agreement of the chief executive officer of the State in which the highway is located.

(b) Exclusion of Safety and Energy Conservation Devices.— Width calculated under this section does not include a safety or energy conservation device the Secretary decides is necessary for safe and efficient operation of a commercial motor vehicle.

(c) Special Use Permits.— A State may grant a special use permit to a commercial motor vehicle that is more than 102 inches in width.

(d) State Enforcement.— Consistent with this section, a State may enforce a commercial motor vehicle width limitation of 102 inches on a segment of the Dwight D. Eisenhower System of Interstate and Defense Highways (except a segment exempted under subsection (e) of this section) or other qualifying Federal-aid highway designated by the Secretary.

(e) Exemptions.— If the chief executive officer of a State, after consulting under paragraph (2) of this subsection, decides a segment of the Dwight D. Eisenhower System of Interstate and Defense Highways is not capable of safely accommodating a commercial motor vehicle having the width provided in subsection (a) of this section, the chief executive officer may notify the Secretary of that decision and request the Secretary to exempt that segment from subsection (a) to allow the State to impose a width limitation of less than 102 inches for a vehicle (except a bus) on that segment. Before making a decision under paragraph (1) of this subsection, the chief executive officer shall consult with units of local government in the State in which the segment of the Dwight D. Eisenhower System of Interstate and Defense Highways is located and with the chief executive officer of any adjacent State that may be directly affected by the exemption. As part of the consultations, consideration shall be given to any potential alternative route that serves the area in which the segment is located and can safely accommodate a commercial motor vehicle having the width provided for in subsection (a) of this section. A chief executive officer’s notification under this subsection must include specific evidence of safety problems supporting the officer’s decision and the results of consultations about alternative routes. If the Secretary decides, on request of a chief executive officer or on the Secretary’s own initiative, a segment of the Dwight D. Eisenhower System of Interstate and Defense Highways is not capable of safely accommodating a commercial motor vehicle having a width provided in subsection (a) of this section, the Secretary shall exempt the segment from subsection (a) to allow the State to impose a width limitation of less than 102 inches for a vehicle (except a bus) on that segment. Before making a decision under this paragraph, the Secretary shall consider any possible alternative route that serves the area in which the segment is located. The Secretary shall make a decision about a specific segment not later than 120 days after the date of receipt of notification from a chief executive officer under paragraph (1) of this subsection or the date on which the Secretary initiates action under subparagraph (A) of this paragraph, whichever is applicable. If the Secretary finds the decision will not be made in time, the Secretary immediately shall notify Congress, giving the reasons for the delay, information about the resources assigned, and the projected date for the decision. Before making a decision, the Secretary shall give an interested person notice and an opportunity for comment. If the Secretary exempts a segment under this subsection before the final regulations under subsection (a) of this section are prescribed, the Secretary shall include the exemption as part of the final regulations. If the Secretary exempts the segment after the final regulations are prescribed, the Secretary shall publish the exemption as an amendment to the final regulations.

§ 31114 Access to the Interstate System

(a) Prohibition on Denying Access.— A State may not enact or enforce a law denying to a commercial motor vehicle subject to this subchapter or subchapter I of this chapter reasonable access between— the Dwight D. Eisenhower System of Interstate and Defense Highways (except a segment exempted under section 31111(f) or 31113(e) of this title) and other qualifying Federal-aid Primary System highways designated by the Secretary of Transportation; and terminals, facilities for food, fuel, repairs, and rest, and points of loading and unloading for household goods carriers, motor carriers of passengers, any towaway trailer transporter combination (as defined in section 31111(a)), or any truck tractor-semitrailer combination in which the semitrailer has a length of not more than 28.5 feet and that generally operates as part of a vehicle combination described in section 31111(c) of this title .

(b) Exception.— This section does not prevent a State or local government from imposing reasonable restrictions, based on safety considerations, on a truck tractor-semitrailer combination in which the semitrailer has a length of not more than 28.5 feet and that generally operates as part of a vehicle combination described in section 31111(c) of this title .

§ 31115 Enforcement

On the request of the Secretary of Transportation, the Attorney General shall bring a civil action for appropriate injunctive relief to ensure compliance with this subchapter or subchapter I of this chapter. The action may be brought in a district court of the United States in any State in which the relief is required. On a proper showing, the court shall issue a temporary restraining order or preliminary or permanent injunction. An injunction under this section may order a State or person to comply with this subchapter, subchapter I, or a regulation prescribed under this subchapter or subchapter I. ( Pub. L. 103–272, § 1(e) , July 5, 1994 , 108 Stat. 999 .)

§ 31131 Purposes and findings

(a) Purposes.— The purposes of this subchapter are— to promote the safe operation of commercial motor vehicles; to minimize dangers to the health of operators of commercial motor vehicles and other employees whose employment directly affects motor carrier safety; and to ensure increased compliance with traffic laws and with the commercial motor vehicle safety and health regulations and standards prescribed and orders issued under this chapter.

(b) Findings.— Congress finds— it is in the public interest to enhance commercial motor vehicle safety and thereby reduce highway fatalities, injuries, and property damage; improved, more uniform commercial motor vehicle safety measures and strengthened enforcement would reduce the number of fatalities and injuries and the level of property damage related to commercial motor vehicle operations; enhanced protection of the health of commercial motor vehicle operators is in the public interest; and interested State governments can provide valuable assistance to the United States Government in ensuring that commercial motor vehicle operations are conducted safely and healthfully.

§ 31132 Definitions

In this subchapter— “commercial motor vehicle” means a self-propelled or towed vehicle used on the highways in interstate commerce to transport passengers or property, if the vehicle— has a gross vehicle weight rating or gross vehicle weight of at least 10,001 pounds, whichever is greater; is designed or used to transport more than 8 passengers (including the driver) for compensation; is designed or used to transport more than 15 passengers, including the driver, and is not used to transport passengers for compensation; or is used in transporting material found by the Secretary of Transportation to be hazardous under section 5103 of this title and transported in a quantity requiring placarding under regulations prescribed by the Secretary under section 5103. “employee” means an operator of a commercial motor vehicle (including an independent contractor when operating a commercial motor vehicle), a mechanic, a freight handler, or an individual not an employer, who— directly affects commercial motor vehicle safety in the course of employment; and is not an employee of the United States Government, a State, or a political subdivision of a State acting in the course of the employment by the Government, a State, or a political subdivision of a State. “employer”— means a person engaged in a business affecting interstate commerce that owns or leases a commercial motor vehicle in connection with that business, or assigns an employee to operate it; but does not include the Government, a State, or a political subdivision of a State. “interstate commerce” means trade, traffic, or transportation in the United States between a place in a State and— a place outside that State (including a place outside the United States); or another place in the same State through another State or through a place outside the United States. “intrastate commerce” means trade, traffic, or transportation in a State that is not interstate commerce. “medical examiner” means an individual licensed, certified, or registered in accordance with regulations issued by the Federal Motor Carrier Safety Administration as a medical examiner. “regulation” includes a standard or order. “State” means a State of the United States, the District of Columbia, and, in sections 31136 and 31140–31142 1 of this title, a political subdivision of a State. “State law” includes a law enacted by a political subdivision of a State. “State regulation” includes a regulation prescribed by a political subdivision of a State. “United States” means the States of the United States and the District of Columbia. ( Pub. L. 103–272, § 1(e) , July 5, 1994 , 108 Stat. 1000 ; Pub. L. 104–88, title I, § 104(f) , Dec. 29, 1995 , 109 Stat. 919 ; Pub. L. 105–178, title IV, § 4008(a) , June 9, 1998 , 112 Stat. 404 ; Pub. L. 109–59, title IV, § 4116(c) , Aug. 10, 2005 , 119 Stat. 1728 .)

§ 31133 General powers of the Secretary of Transportation

(a) General.— In carrying out this subchapter and regulations prescribed under section 31102 of this title , the Secretary of Transportation may— conduct and make contracts for inspections and investigations; compile statistics; make reports; issue subpenas; require production of records and property; take depositions; hold hearings; prescribe recordkeeping and reporting requirements; conduct or make contracts for studies, development, testing, evaluation, and training; and perform other acts the Secretary considers appropriate.

(b) Consultation.— In conducting inspections and investigations under subsection (a) of this section, the Secretary shall consult, as appropriate, with employers and employees and their authorized representatives and offer them a right of accompaniment.

(c) Delegation.— The Secretary may delegate to a State receiving a grant under section 31102 of this title those duties and powers related to enforcement (including conducting investigations) of this subchapter and regulations prescribed under this subchapter that the Secretary considers appropriate.

§ 31134 Requirement for registration and USDOT number

(a) In General.— Upon application, and subject to subsections (b) and (c), the Secretary shall register an employer or person subject to the safety jurisdiction of this subchapter. An employer or person may operate a commercial motor vehicle in interstate commerce only if the employer or person is registered by the Secretary under this section and receives a USDOT number. Nothing in this section shall preclude registration by the Secretary of an employer or person not engaged in interstate commerce. An employer or person subject to jurisdiction under subchapter I of chapter 135 of this title shall apply for commercial registration under section 13902 of this title .

(b) Withholding Registration.— The Secretary shall register an employer or person under subsection (a) only if the Secretary determines that— the employer or person seeking registration is willing and able to comply with the requirements of this subchapter and the regulations prescribed thereunder and chapter 51 and the regulations prescribed thereunder; 1 during the 3-year period before the date of the filing of the application, the employer or person is not or was not related through common ownership, common management, common control, or common familial relationship to any other person or applicant for registration subject to this subchapter who, during such 3-year period, is or was unfit, unwilling, or unable to comply with the requirements listed in subsection (b)(1); or the employer or person has disclosed to the Secretary any relationship involving common ownership, common management, common control, or common familial relationship to any other person or applicant for registration subject to this subchapter.

(c) Revocation or Suspension of Registration.— The Secretary shall revoke the registration of an employer or person issued under subsection (a) after notice and an opportunity for a proceeding, or suspend the registration after giving notice of the suspension to the employer or person, if the Secretary determines that— the employer’s or person’s authority to operate pursuant to chapter 139 of this title is subject to revocation or suspension under sections 2 13905(d)(1) or 13905(f) of this title; the employer or person has knowingly failed to comply with the requirements listed in subsection (b)(1); the employer or person has not disclosed any relationship through common ownership, common management, common control, or common familial relationship to any other person or applicant for registration subject to this subchapter that the Secretary determines is or was unfit, unwilling, or unable to comply with the requirements listed in subsection (b)(1); the employer or person refused to submit to the safety review required by section 31144(g) of this title .

(d) Periodic Registration Update.— The Secretary may require an employer to update a registration under this section not later than 30 days after a change in the employer’s address, other contact information, officers, process agent, or other essential information, as determined by the Secretary.

(e) State Authority.— Nothing in this section shall be construed as affecting the authority of a State to issue a Department of Transportation number under State law to a person operating in intrastate commerce.

§ 31135 Duties of employers and employees

(a) In General.— Each employer and employee shall comply with regulations on commercial motor vehicle safety prescribed by the Secretary of Transportation under this subchapter that apply to the employer’s or employee’s conduct.

(b) Noncompliance.— Two or more motor carriers, employers, or persons shall not use common ownership, common management, common control, or common familial relationship to enable any or all such motor carriers, employers, or persons to avoid compliance, or mask or otherwise conceal non-compliance, or a history of non-compliance, with regulations prescribed under this subchapter or an order of the Secretary issued under this subchapter. If the Secretary finds that a motor carrier, employer, or person engaged in a pattern or practice of avoiding compliance, or masking or otherwise concealing noncompliance, with regulations prescribed under this subchapter, the Secretary— may withhold, suspend, amend, or revoke any part of the motor carrier’s, employer’s, or person’s registration in accordance with section 13905 or 31134; and shall take into account such non-compliance for purposes of determining civil penalty amounts under section 521(b)(2)(D). If the Secretary finds, after notice and an opportunity for proceeding, that an officer of a motor carrier, employer, or owner or operator has engaged in a pattern or practice of, or assisted a motor carrier, employer, or owner or operator in avoiding compliance, or masking or otherwise concealing noncompliance, while serving as an officer or such motor carrier, employer, or owner or operator, the Secretary may suspend, amend, or revoke any part of a registration granted to the officer individually under section 13902 or 31134.

(c) Regulations.— Not later than 1 year after the date of enactment of this subsection, the Secretary shall by regulation establish standards to implement subsection (b).

(d) Definitions.— In this section, the following definitions apply: The term “motor carrier” has the meaning such term has under section 13102. The term “officer” means an owner, director, chief executive officer, chief operating officer, chief financial officer, safety director, vehicle maintenance supervisor, and driver supervisor of a motor carrier, regardless of the title attached to those functions, and any person, however designated, exercising controlling influence over the operations of a motor carrier.

§ 31136 United States Government regulations

(a) Minimum Safety Standards.— Subject to section 30103(a) of this title , the Secretary of Transportation shall prescribe regulations on commercial motor vehicle safety. The regulations shall prescribe minimum safety standards for commercial motor vehicles. At a minimum, the regulations shall ensure that— commercial motor vehicles are maintained, equipped, loaded, and operated safely; the responsibilities imposed on operators of commercial motor vehicles do not impair their ability to operate the vehicles safely; the physical condition of operators of commercial motor vehicles is adequate to enable them to operate the vehicles safely and the periodic physical examinations required of such operators are performed by medical examiners who have received training in physical and medical examination standards and, after the national registry maintained by the Department of Transportation under section 31149(d) is established, are listed on such registry; the operation of commercial motor vehicles does not have a deleterious effect on the physical condition of the operators; and an operator of a commercial motor vehicle is not coerced by a motor carrier, shipper, receiver, or transportation intermediary to operate a commercial motor vehicle in violation of a regulation promulgated under this section, or chapter 51 or chapter 313 of this title.

(b) Eliminating and Amending Existing Regulations.— The Secretary may not eliminate or amend an existing motor carrier safety regulation related only to the maintenance, equipment, loading, or operation (including routing) of vehicles carrying material found to be hazardous under section 5103 of this title until an equivalent or more stringent regulation has been prescribed under section 5103.

(c) Procedures and Considerations.— A regulation under this section shall be prescribed under section 553 of title 5 (without regard to sections 556 and 557 of title 5). Before prescribing regulations under this section, the Secretary shall consider, to the extent practicable and consistent with the purposes of this chapter— costs and benefits; and State laws and regulations on commercial motor vehicle safety, to minimize their unnecessary preemption.

(d) Effect of Existing Regulations.— If the Secretary does not prescribe regulations on commercial motor vehicle safety under this section, regulations on commercial motor vehicle safety prescribed by the Secretary before October 30, 1984 , and in effect on October 30, 1984 , shall be deemed in this subchapter to be regulations prescribed by the Secretary under this section.

(e) Exemptions.— The Secretary may grant in accordance with section 31315 waivers and exemptions from, or conduct pilot programs with respect to, any regulations prescribed under this section.

(f) Regulatory Impact Analysis.— Within each regulatory impact analysis of a proposed or final major rule issued by the Federal Motor Carrier Safety Administration, the Secretary shall, whenever practicable— consider the effects of the proposed or final rule on different segments of the motor carrier industry; and formulate estimates and findings based on the best available science. To the extent feasible and appropriate, and consistent with law, an analysis described in paragraph (1) shall— use data that is representative of commercial motor vehicle operators or motor carriers, or both, that will be impacted by the proposed or final rule; and consider the effects on commercial truck and bus carriers of various sizes and types.

(g) Public Participation.— If a proposed rule under this part is likely to lead to the promulgation of a major rule, the Secretary, before publishing such proposed rule, shall— issue an advance notice of proposed rulemaking; or proceed with a negotiated rulemaking. Each advance notice of proposed rulemaking issued under paragraph (1) shall— identify the need for a potential regulatory action; identify and request public comment on the best available science or technical information relevant to analyzing potential regulatory alternatives; request public comment on the available data and costs with respect to regulatory alternatives reasonably likely to be considered as part of the rulemaking; and request public comment on available alternatives to regulation. This subsection does not apply to a proposed rule if the Secretary, for good cause, finds (and incorporates the finding and a brief statement of reasons for such finding in the proposed or final rule) that an advance notice of proposed rulemaking is impracticable, unnecessary, or contrary to the public interest.

(h) Rule of Construction.— Nothing in subsection (f) or (g) may be construed to limit the contents of an advance notice of proposed rulemaking.

“SECTION 1 SHORT TITLE.

“This Act may be cited as the ‘Reliable Home Heating Act’.

“SEC. 2 AUTHORITY TO EXTEND EMERGENCY DECLARATIONS FOR PURPOSES OF TEMPORARILY EXEMPTING MOTOR CARRIERS PROVIDING EMERGENCY RELIEF FROM CERTAIN SAFETY REGULATIONS.

(“(a) Defined Term.— In this Act, the term ‘residential heating fuel’ includes— heating oil; natural gas; and propane.

(“(b) Authorization.— If the Governor of a State declares a state of emergency caused by a shortage of residential heating fuel and, at the conclusion of the initial 30-day emergency period (or a second 30-day emergency period authorized under this subsection), the Governor determines that the emergency shortage has not ended, any extension of such state of emergency by the Governor, up to 2 additional 30-day periods, shall be recognized by the Federal Motor Carrier Safety Administration as a period during which parts 390 through 399 of chapter III of title 49, Code of Federal Regulations, shall not apply to any motor carrier or driver operating a commercial motor vehicle to provide residential heating fuel in the geographic area so designated as under a state of emergency.

(“(c) Rulemaking.— The Secretary of Transportation shall amend section 390.23(a)(1)(ii) of title 49, Code of Federal Regulations, to conform to the provision set forth in subsection (b).

(“(d) Savings Provision.— Nothing in this section may be construed to modify the authority granted to the Federal Motor Carrier Safety Administration’s Field Administrator under section 390.23(a) of title 49, Code of Federal Regulations, to offer temporary exemptions from parts 390 through 399 of such title.

“SEC. 3 ENERGY INFORMATION ADMINISTRATION NOTIFICATION REQUIREMENT.

“The Administrator of the Energy Information Administration, using data compiled from the Administration’s Weekly Petroleum Status Reports, shall notify the Governor of each State in a Petroleum Administration for Defense District if the inventory of residential heating fuel within such district has been below the most recent 5-year average for more than 3 consecutive weeks.

“SEC. 4 REVIEW.

“Not later than 12 months after the date of enactment of this Act [ June 30, 2014 ], the Secretary of Transportation shall conduct a study of, and transmit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives, a report on the impacts of safety from the extensions issued by Governors according to this Act. In conducting the study, the Secretary shall review, at a minimum— the safety implications of extending exemptions; and a review of the exemption process to ensure clarity and efficiency during emergencies.”

“SEC. 32701 SHORT TITLE.

“This subtitle may be cited as the ‘Motorcoach Enhanced Safety Act of 2012’.

“SEC. 32702 DEFINITIONS.

“In this subtitle: The term ‘advanced glazing’ means glazing installed in a portal on the side or the roof of a motorcoach that is designed to be highly resistant to partial or complete occupant ejection in all types of motor vehicle crashes. The term ‘bus’ has the meaning given the term in section 571.3(b) of title 49, Code of Federal Regulations (as in effect on the day before the date of enactment of this Act [see section 3(a), (b) of Pub. L. 112–141 , set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of Title 23 , Highways]). Except as otherwise specified, the term ‘commercial motor vehicle’ has the meaning given the term in section 31132(1) of title 49 , United States Code. The term ‘direct tire pressure monitoring system’ means a tire pressure monitoring system that is capable of directly detecting when the air pressure level in any tire is significantly under-inflated and providing the driver a low tire pressure warning as to which specific tire is significantly under-inflated. The term ‘motor carrier’ means— a motor carrier (as defined in section 13102(14) of title 49 , United States Code); or a motor private carrier (as defined in section 13102(15) of that title). The term ‘motorcoach’ has the meaning given the term ‘over-the-road bus’ in section 3038(a)(3) of the Transportation Equity Act for the 21st Century [ Pub. L. 105–178 ] ( 49 U.S.C. 5310 note), but does not include— a bus used in public transportation provided by, or on behalf of, a public transportation agency; or a school bus, including a multifunction school activity bus. The term ‘motorcoach services’ means passenger transportation by motorcoach for compensation. The term ‘multifunction school activity bus’ has the meaning given the term in section 571.3(b) of title 49, Code of Federal Regulations (as in effect on the day before the date of enactment of this Act). The term ‘portal’ means any opening on the front, side, rear, or roof of a motorcoach that could, in the event of a crash involving the motorcoach, permit the partial or complete ejection of any occupant from the motorcoach, including a young child. The term ‘provider of motorcoach services’ means a motor carrier that provides passenger transportation services with a motorcoach, including per-trip compensation and contracted or chartered compensation. The term ‘public transportation’ has the meaning given the term in section 5302 of title 49 , United States Code. The term ‘safety belt’ has the meaning given the term in section 153(i)(4)(B) of title 23 , United States Code. The term ‘Secretary’ means the Secretary of Transportation.

“SEC. 32703 REGULATIONS FOR IMPROVED OCCUPANT PROTECTION, PASSENGER EVACUATION, AND CRASH AVOIDANCE.

(“(a) Regulations Required Within 1 Year.— Not later than 1 year after the date of enactment of this Act, the Secretary shall prescribe regulations requiring safety belts to be installed in motorcoaches at each designated seating position.

(“(b) Regulations Required Within 2 Years.— Not later than 2 years after the date of enactment of this Act, the Secretary shall prescribe regulations that address the following commercial motor vehicle standards, if the Secretary determines that such standards meet the requirements and considerations set forth in subsections (a) and (b) of section 30111 of title 49 , United States Code: The Secretary shall establish improved roof and roof support standards for motorcoaches that substantially improve the resistance of motorcoach roofs to deformation and intrusion to prevent serious occupant injury in rollover crashes involving motorcoaches. The Secretary shall consider requiring advanced glazing standards for each motorcoach portal and shall consider other portal improvements to prevent partial and complete ejection of motorcoach passengers, including children. In prescribing such standards, the Secretary shall consider the impact of such standards on the use of motorcoach portals as a means of emergency egress. The Secretary shall consider requiring motorcoaches to be equipped with stability enhancing technology, such as electronic stability control and torque vectoring, to reduce the number and frequency of rollover crashes among motorcoaches.

(“(c) Commercial Motor Vehicle Tire Pressure Monitoring Systems.— Not later than 3 years after the date of enactment of this Act, the Secretary shall prescribe the following commercial vehicle regulation: The Secretary shall consider requiring motorcoaches to be equipped with direct tire pressure monitoring systems that warn the operator of a commercial motor vehicle when any tire exhibits a level of air pressure that is below a specified level of air pressure established by the Secretary, if the Secretary determines that such standards meet the requirements and considerations set forth in subsections (a) and (b) of section 30111 of title 49 , United States Code. In any standard adopted under paragraph (1), the Secretary shall include performance requirements to meet the objectives identified in paragraph (1) of this subsection.

(“(d) Tire Performance Standard.— Not later than 3 years after the date of enactment of this Act, the Secretary shall consider— issuing a rule to upgrade performance standards for tires used on motorcoaches, including an enhanced endurance test and a new high-speed performance test; or if the Secretary determines that a standard does not meet the requirements and considerations set forth in subsections (a) and (b) of section 30111 of title 49 , United States Code, submit a report that describes the reasons for not prescribing such a standard to— the Committee on Commerce, Science, and Transportation of the Senate; the Committee on Transportation and Infrastructure of the House of Representatives; and the Committee on Energy and Commerce of the House of Representatives.

(“(e) Application of Regulations.— Any regulation prescribed in accordance with subsection (a), (b), (c), or (d) shall— apply to all motorcoaches manufactured more than 3 years after the date on which the regulation is published as a final rule; take into account the impact to seating capacity of changes to size and weight of motorcoaches and the ability to comply with State and Federal size and weight requirements; and be based on the best available science. The Secretary may assess the feasibility, benefits, and costs with respect to the application of any requirement established under subsection (a) or (b)(2) to motorcoaches manufactured before the date on which the requirement applies to new motorcoaches under paragraph (1). The Secretary shall submit a report on the assessment to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure and the Committee on Energy and Commerce of the House of Representatives not later than 2 years after the date of enactment of this Act.

“SEC. 32704 FIRE PREVENTION AND MITIGATION.

(“(a) Research and Testing.— The Secretary shall conduct research and testing to determine the most prevalent causes of motorcoach fires and the best methods to prevent such fires and to mitigate the effect of such fires, both inside and outside the motorcoach. Such research and testing shall consider flammability of exterior components, smoke suppression, prevention of and resistance to wheel well fires, automatic fire suppression, passenger evacuation, causation and prevention of motorcoach fires, and improved fire extinguishers.

(“(b) Standards.— Not later than 3 years after the date of enactment of this Act, the Secretary may issue fire prevention and mitigation standards for motorcoaches, based on the results of the Secretary’s research and testing, taking into account highway size and weight restrictions applicable to motorcoaches, if the Secretary determines that such standards meet the requirements and considerations set forth in subsections (a) and (b) of section 30111 of title 49 , United States Code.

“SEC. 32705 OCCUPANT PROTECTION, COLLISION AVOIDANCE, FIRE CAUSATION, AND FIRE EXTINGUISHER RESEARCH AND TESTING.

(“(a) Safety Research Initiatives.— Not later than 3 years after the date of enactment of this Act, the Secretary shall complete the following research and testing: The Secretary shall research and test enhanced occupant impact protection technologies for motorcoach interiors to reduce serious injuries for all passengers of motorcoaches. The Secretary shall research and test enhanced compartmentalization safety countermeasures for motorcoaches, including enhanced seating designs. The Secretary shall research and test forward and lateral crash warning systems applications for motorcoaches.

(“(b) Rulemaking.— Not later than 2 years after the completion of each research and testing initiative required under subsection (a), the Secretary shall issue final motor vehicle safety standards if the Secretary determines that such standards meet the requirements and considerations set forth in subsections (a) and (b) of section 30111 of title 49 , United States Code.

“SEC. 32706 CONCURRENCE OF RESEARCH AND RULEMAKING.

(“(a) Requirements.— To the extent feasible, the Secretary shall ensure that research programs are carried out concurrently, and in a manner that concurrently assesses results, potential countermeasures, costs, and benefits.

(“(b) Authority to Combine Rulemakings.— When considering each of the rulemaking provisions, the Secretary may initiate a single rulemaking proceeding encompassing all aspects or may combine the rulemakings as the Secretary deems appropriate.

(“(c) Considerations.— If the Secretary undertakes separate rulemaking proceedings, the Secretary shall— consider whether each added aspect of rulemaking may contribute to addressing the safety need determined to require rulemaking; consider the benefits obtained through the safety belts rulemaking in section 32703(a); and avoid duplicative benefits, costs, and countermeasures.

“SEC. 32707 IMPROVED OVERSIGHT OF MOTORCOACH SERVICE PROVIDERS.

(“(a) Safety Reviews.—

(“(b) Disclosure of Safety Performance Ratings of Motorcoach Services and Operations.— In this subsection: Except as provided in clause (ii), the term ‘motorcoach’ has the meaning given the term ‘over-the-road bus’ in section 3038(a)(3) of the Transportation Equity Act for the 21st Century [ Pub. L. 105–178 ] ( 49 U.S.C. 5310 note). The term ‘motorcoach’ does not include— a bus used in public transportation that is provided by a State or local government; or a school bus (as defined in section 30125(a)(1) of title 49 , United States Code), including a multifunction school activity bus. The term ‘motorcoach services and operations’ means passenger transportation by a motorcoach for compensation. Not later than 1 year after the date of enactment of this Act, the Secretary shall establish, through notice and opportunity for public to comment, requirements to improve the accessibility to the public of safety rating information of motorcoach services and operations. In establishing the requirements under subparagraph (A), the Secretary shall consider requirements for each motor carrier that owns or leases 1 or more motorcoaches that transport passengers subject to the Secretary’s jurisdiction under section 13501 of title 49 , United States Code, to prominently display safety fitness information pursuant to section 31144 of title 49 , United States Code— in each terminal of departure; in the motorcoach and visible from a position exterior to the vehicle at the point of departure, if the motorcoach does not depart from a terminal; and at all points of sale for such motorcoach services and operations.

“SEC. 32708 REPORT ON FEASIBILITY, BENEFITS, AND COSTS OF ESTABLISHING A SYSTEM OF CERTIFICATION OF TRAINING PROGRAMS.

“Not later than 2 years after the date of enactment of this Act, the Secretary of Transportation 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 feasibility, benefits, and costs of establishing a system of certification of public and private schools and of motor carriers and motorcoach operators that provide motorcoach driver training.

“SEC. 32709 COMMERCIAL DRIVER’S LICENSE PASSENGER ENDORSEMENT REQUIREMENTS.

(“(a) In General.— Not later than 2 years after the date of enactment of this Act, the Secretary of Transportation shall review and assess the current knowledge and skill testing requirements for a commercial driver’s license passenger endorsement to determine what improvements to the knowledge test, the examination of driving skills, and the application of such requirements are necessary to ensure the safe operation of commercial motor vehicles designed or used to transport passengers.

(“(b) Report.— Not later than 120 days after completion of the review and assessment under subsection (a), the Secretary of Transportation shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate— a report on the review and assessment conducted under subsection (a); a plan to implement any changes to the knowledge and skills tests; and a timeframe by which the Secretary will implement the changes.

“SEC. 32710 SAFETY INSPECTION PROGRAM FOR COMMERCIAL MOTOR VEHICLES OF PASSENGERS.

“Not later than 3 years after the date of enactment of this Act, the Secretary of Transportation shall complete a rulemaking proceeding to consider requiring States to establish a program for annual inspections of commercial motor vehicles designed or used to transport passengers, including an assessment of— the risks associated with improperly maintained or inspected commercial motor vehicles designed or used to transport passengers; the effectiveness of existing Federal standards for the inspection of such vehicles in— mitigating the risks described in paragraph (1); and ensuring the safe and proper operation condition of such vehicles; and the costs and benefits of a mandatory inspection program.

“SEC. 32711 REGULATIONS.

“Any standard or regulation prescribed or modified pursuant to the Motorcoach Enhanced Safety Act of 2012 shall be prescribed or modified in accordance with section 553 of title 5 , United States Code.”

§ 31137 Electronic logging devices and brake maintenance regulations

(a) Use of Electronic Logging Devices.— Not later than 1 year after the date of enactment of the Commercial Motor Vehicle Safety Enhancement Act of 2012, the Secretary of Transportation shall prescribe regulations— requiring a commercial motor vehicle involved in interstate commerce and operated by a driver subject to the hours of service and the record of duty status requirements under part 395 of title 49, Code of Federal Regulations, be 1 equipped with an electronic logging device to improve compliance by an operator of a vehicle with hours of service regulations prescribed by the Secretary; and ensuring that an electronic logging device is not used to harass a vehicle operator.

(b) Electronic Logging Device Requirements.— The regulations prescribed under subsection (a) shall— require an electronic logging device— to accurately record commercial driver hours of service; to record the location of a commercial motor vehicle; to be tamper resistant; and to be synchronized to the operation of the vehicle engine or be capable of recognizing when the vehicle is being operated; allow law enforcement to access the data contained in the device during a roadside inspection; and except as provided in paragraph (3), apply to a commercial motor vehicle beginning on the date that is 2 years after the date that the regulations are published as a final rule. The regulations prescribed under subsection (a) shall establish performance standards— defining a standardized user interface to aid vehicle operator compliance and law enforcement review; establishing a secure process for standardized— and unique vehicle operator identification; data access; data transfer for vehicle operators between motor vehicles; data storage for a motor carrier; and data transfer and transportability for law enforcement officials; establishing a standard security level for an electronic logging device and related components to be tamper resistant by using a methodology endorsed by a nationally recognized standards organization; and identifying each driver subject to the hours of service and record of duty status requirements under part 395 of title 49, Code of Federal Regulations. A motor carrier, when transporting a motor home or recreation vehicle trailer within the definition of the term “driveaway-towaway operation” (as defined in section 390.5 of title 49, Code of Federal Regulations), may comply with the hours of service requirements by requiring each driver to use— a paper record of duty status form; or an electronic logging device.

(c) Certification Criteria.— The regulations prescribed by the Secretary under this section shall establish the criteria and a process for the certification of electronic logging devices to ensure that the device meets the performance requirements under this section. Electronic logging devices that are not certified in accordance with the certification process referred to in paragraph (1) shall not be acceptable evidence of hours of service and record of duty status requirements under part 395 of title 49, Code of Federal Regulations.

(d) Additional Considerations.— The Secretary, in prescribing the regulations described in subsection (a), shall consider how such regulations may— reduce or eliminate requirements for drivers and motor carriers to retain supporting documentation associated with paper-based records of duty status if— data contained in an electronic logging device supplants such documentation; and using such data without paper-based records does not diminish the Secretary’s ability to audit and review compliance with the Secretary’s hours of service regulations; and include such measures as the Secretary determines are necessary to protect the privacy of each individual whose personal data is contained in an electronic logging device.

(e) Use of Data.— The Secretary may utilize information contained in an electronic logging device only to enforce the Secretary’s motor carrier safety and related regulations, including record-of-duty status regulations. The Secretary shall institute appropriate measures to preserve the confidentiality of any personal data contained in an electronic logging device and disclosed in the course of an action taken by the Secretary or by law enforcement officials to enforce the regulations referred to in paragraph (1). The Secretary shall institute appropriate measures to ensure any information collected by electronic logging devices is used by enforcement personnel only for the purpose of determining compliance with hours of service requirements.

(f) Definitions.— In this section: The term “electronic logging device” means an electronic device that— is capable of recording a driver’s hours of service and duty status accurately and automatically; and meets the requirements established by the Secretary through regulation. The term “tamper resistant” means resistant to allowing any individual to cause an electronic device to record the incorrect date, time, and location for changes to on-duty driving status of a commercial motor vehicle operator under part 395 of title 49, Code of Federal Regulations, or to subsequently alter the record created by that device.

(g) Brakes and Brake Systems Maintenance Regulations.— The Secretary shall maintain regulations on improved standards or methods to ensure that brakes and brake systems of commercial motor vehicles are maintained properly and inspected by appropriate employees. At a minimum, the regulations shall establish minimum training requirements and qualifications for employees responsible for maintaining and inspecting the brakes and brake systems.

§ 31138 Minimum financial responsibility for transporting passengers

(a) General Requirement.— The Secretary of Transportation shall prescribe regulations to require minimum levels of financial responsibility sufficient to satisfy liability amounts established by the Secretary covering public liability and property damage for the transportation of passengers for compensation by motor vehicle in the United States between a place in a State and— a place in another State; another place in the same State through a place outside of that State; or a place outside the United States. The Secretary may prescribe regulations to require minimum levels of financial responsibility sufficient to satisfy liability amounts established by the Secretary covering public liability and property damage for the transportation of passengers for commercial purposes, but not for compensation, by motor vehicle in the United States between a place in a State and— a place in another State; another place in the same State through a place outside of that State; or a place outside the United States.

(b) Minimum Amounts.— The level of financial responsibility established under subsection (a) of this section for a motor vehicle with a seating capacity of— at least 16 passengers shall be at least $5,000,000;andnotmorethan15passengersshallbeatleast$1,500,000.

(c) Evidence of Financial Responsibility.— Subject to paragraph (2) of this subsection, financial responsibility may be established by evidence of one or a combination of the following if acceptable to the Secretary of Transportation: insurance, including high self-retention. a guarantee. a surety bond issued by a bonding company authorized to do business in the United States. A person domiciled in a country contiguous to the United States and providing transportation to which a minimum level of financial responsibility under this section applies shall have evidence of financial responsibility in the motor vehicle when the person is providing the transportation. If evidence of financial responsibility is not in the vehicle, the Secretary of Transportation and the Secretary of the Treasury shall deny entry of the vehicle into the United States. A motor carrier may obtain the required amount of financial responsibility from more than one source provided the cumulative amount is equal to the minimum requirements of this section. The Secretary may require a person, other than a motor carrier (as defined in section 13102), transporting passengers by motor vehicle to file with the Secretary the evidence of financial responsibility specified in subsection (c)(1) in an amount not less than the greater of the amount required by subsection (b)(1) or the amount required for such person to transport passengers under the laws of the State or States in which the person is operating; except that the amount of the financial responsibility must be sufficient to pay not more than the amount of the financial responsibility for each final judgment against the person for bodily injury to, or death of, an individual resulting from the negligent operation, maintenance, or use of the motor vehicle, or for loss or damage to property, or both.

(d) Civil Penalty.— If, after notice and an opportunity for a hearing, the Secretary of Transportation finds that a person (except an employee acting without knowledge) has knowingly violated this section or a regulation prescribed under this section, the person is liable to the United States Government for a civil penalty of not more than $10,000 for each violation. A separate violation occurs for each day the violation continues. The Secretary of Transportation shall impose the penalty by written notice. In determining the amount of the penalty, the Secretary shall consider— the nature, circumstances, extent, and gravity of the violation; with respect to the violator, the degree of culpability, any history of prior violations, the ability to pay, and any effect on the ability to continue doing business; and other matters that justice requires. The Secretary of Transportation may compromise the penalty before referring the matter to the Attorney General for collection. The Attorney General shall bring a civil action in an appropriate district court of the United States to collect a penalty referred to the Attorney General for collection under this subsection. The amount of the penalty may be deducted from amounts the Government owes the person. An amount collected under this section shall be deposited in the Highway Trust Fund (other than the Mass Transit Account).

(e) Nonapplication.— This section does not apply to a motor vehicle— transporting only school children and teachers to or from school; providing taxicab service (as defined in section 13102); carrying not more than 15 individuals in a single, daily round trip to and from work; or providing transportation service within a transit service area under an agreement with a Federal, State, or local government funded, in whole or in part, with a grant under section 5307, 5310, or 5311, including transportation designed and carried out to meet the special needs of elderly individuals and individuals with disabilities; except that, in any case in which the transit service area is located in more than 1 State, the minimum level of financial responsibility for such motor vehicle will be at least the highest level required for any of such States.

§ 31139 Minimum financial responsibility for transporting property

(a) Definitions.— In this section— “farm vehicle” means a vehicle— designed or adapted and used only for agriculture; operated by a motor private carrier (as defined in section 10102 of this title ); and operated only incidentally on highways. “interstate commerce” includes transportation between a place in a State and a place outside the United States, to the extent the transportation is in the United States. “State” means a State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.

(b) General Requirement and Minimum Amount.— The Secretary of Transportation shall prescribe regulations to require minimum levels of financial responsibility sufficient to satisfy liability amounts established by the Secretary covering public liability, property damage, and environmental restoration for the transportation of property by motor carrier or motor private carrier (as such terms are defined in section 13102 of this title ) in the United States between a place in a State and— a place in another State; another place in the same State through a place outside of that State; or a place outside the United States. The level of financial responsibility established under paragraph (1) of this subsection shall be at least $750,000.

(c) Filing of Evidence of Financial Responsibility.— The Secretary may require a motor private carrier (as defined in section 13102) to file with the Secretary the evidence of financial responsibility specified in subsection (b) in an amount not less than the greater of the minimum amount required by this section or the amount required for such motor private carrier to transport property under the laws of the State or States in which the motor private carrier is operating; except that the amount of the financial responsibility must be sufficient to pay not more than the amount of the financial responsibility for each final judgment against the motor private carrier for bodily injury to, or death of, an individual resulting from negligent operation, maintenance, or use of the motor vehicle, or for loss or damage to property, or both.

(d) Requirements for Hazardous Matter and Oil.— The Secretary of Transportation shall prescribe regulations to require minimum levels of financial responsibility sufficient to satisfy liability amounts established by the Secretary covering public liability, property damage, and environmental restoration for the transportation by motor vehicle in interstate or intrastate commerce of— hazardous material (as defined by the Secretary); oil or hazardous substances (as defined by the Administrator of the Environmental Protection Agency); or hazardous wastes (as defined by the Administrator). Except as provided in subparagraph (B) of this paragraph, the level of financial responsibility established under paragraph (1) of this subsection shall be at least $5,000,000forthetransportation—ofhazardoussubstances(asdefinedbytheAdministrator)incargotanks,portabletanks,orhopper-typevehicles,withcapacitiesofmorethan3,500watergallons;inbulkofclassAexplosives,poisongas,liquefiedgas,orcompressedgas;oroflargequantitiesofradioactivematerial.TheSecretaryofTransportationbyregulationmayreducetheminimumlevelinsubparagraph(A)ofthisparagraph(toanamountnotlessthan$1,000,000) for transportation described in subparagraph (A) in any of the territories of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands if— the chief executive officer of the territory requests the reduction; the reduction will prevent a serious disruption in transportation service and will not adversely affect public safety; and insurance of $5,000,000isnotreadilyavailable.Theleveloffinancialresponsibilityestablishedunderparagraph(1)ofthissubsectionforthetransportationofamaterial,oil,substance,orwastenotsubjecttoparagraph(2)ofthissubsectionshallbeatleast$1,000,000. However, if the Secretary of Transportation finds it will not adversely affect public safety, the Secretary by regulation may reduce the amount for— a class of vehicles transporting such a material, oil, substance, or waste in intrastate commerce (except in bulk); and a farm vehicle transporting such a material or substance in interstate commerce (except in bulk).

(e) Foreign Motor Carriers and Private Carriers.— Regulations prescribed under this section may allow foreign motor carriers and foreign motor private carriers (as those terms are defined in section 10530 of this title ) providing transportation of property under a certificate of registration issued under section 10530 to meet the minimum levels of financial responsibility under this section only when those carriers are providing transportation for property in the United States.

(f) Evidence of Financial Responsibility.— Subject to paragraph (2) of this subsection, financial responsibility may be established by evidence of one or a combination of the following if acceptable to the Secretary of Transportation: insurance. a guarantee. a surety bond issued by a bonding company authorized to do business in the United States. qualification as a self-insurer. A person domiciled in a country contiguous to the United States and providing transportation to which a minimum level of financial responsibility under this section applies shall have evidence of financial responsibility in the motor vehicle when the person is providing the transportation. If evidence of financial responsibility is not in the vehicle, the Secretary of Transportation and the Secretary of the Treasury shall deny entry of the vehicle into the United States. A motor carrier may obtain the required amount of financial responsibility from more than one source provided the cumulative amount is equal to the minimum requirements of this section.

(g) Civil Penalty.— If, after notice and an opportunity for a hearing, the Secretary of Transportation finds that a person (except an employee acting without knowledge) has knowingly violated this section or a regulation prescribed under this section, the person is liable to the United States Government for a civil penalty of not more than $10,000 for each violation. A separate violation occurs for each day the violation continues. The Secretary of Transportation shall impose the penalty by written notice. In determining the amount of the penalty, the Secretary shall consider— the nature, circumstances, extent, and gravity of the violation; with respect to the violator, the degree of culpability, any history of prior violations, the ability to pay, and any effect on the ability to continue doing business; and other matters that justice requires. The Secretary of Transportation may compromise the penalty before referring the matter to the Attorney General for collection. The Attorney General shall bring a civil action in an appropriate district court of the United States to collect a penalty referred to the Attorney General for collection under this subsection. The amount of the penalty may be deducted from amounts the Government owes the person. An amount collected under this section shall be deposited in the Highway Trust Fund (other than the Mass Transit Account).

(h) Nonapplication.— This section does not apply to a motor vehicle having a gross vehicle weight rating of less than 10,000 pounds if the vehicle is not used to transport in interstate or foreign commerce— class A or B explosives; poison gas; or a large quantity of radioactive material.

[§ 31140 Repealed. Pub. L. 105–178, title IV, § 4008(d), June 9, 1998, 112 Stat. 404]

§ 31141 Review and preemption of State laws and regulations

(a) Preemption After Decision.— A State may not enforce a State law or regulation on commercial motor vehicle safety that the Secretary of Transportation decides under this section may not be enforced.

(b) Submission of Regulation.— A State receiving funds made available under section 31104 that enacts a State law or issues a regulation on commercial motor vehicle safety shall submit a copy of the law or regulation to the Secretary immediately after the enactment or issuance.

(c) Review and Decisions by Secretary.— The Secretary shall review State laws and regulations on commercial motor vehicle safety. The Secretary shall decide whether the State law or regulation— has the same effect as a regulation prescribed by the Secretary under section 31136; is less stringent than such regulation; or is additional to or more stringent than such regulation. If the Secretary decides a State law or regulation has the same effect as a regulation prescribed by the Secretary under section 31136 of this title , the State law or regulation may be enforced. If the Secretary decides a State law or regulation is less stringent than a regulation prescribed by the Secretary under section 31136 of this title , the State law or regulation may not be enforced. If the Secretary decides a State law or regulation is additional to or more stringent than a regulation prescribed by the Secretary under section 31136 of this title , the State law or regulation may be enforced unless the Secretary also decides that— the State law or regulation has no safety benefit; the State law or regulation is incompatible with the regulation prescribed by the Secretary; or enforcement of the State law or regulation would cause an unreasonable burden on interstate commerce. In deciding under paragraph (4) whether a State law or regulation will cause an unreasonable burden on interstate commerce, the Secretary may consider the effect on interstate commerce of implementation of that law or regulation with the implementation of all similar laws and regulations of other States.

(d) Waivers.— A person (including a State) may petition the Secretary for a waiver of a decision of the Secretary that a State law or regulation may not be enforced under this section. The Secretary shall grant the waiver, as expeditiously as possible, if the person demonstrates to the satisfaction of the Secretary that the waiver is consistent with the public interest and the safe operation of commercial motor vehicles. Before deciding whether to grant or deny a petition for a waiver under this subsection, the Secretary shall give the petitioner an opportunity for a hearing on the record.

(e) Written Notice of Decisions.— Not later than 10 days after making a decision under subsection (c) of this section that a State law or regulation may not be enforced, the Secretary shall give written notice to the State of that decision.

(f) Judicial Review and Venue.— Not later than 60 days after the Secretary makes a decision under subsection (c) of this section, or grants or denies a petition for a waiver under subsection (d) of this section, a person (including a State) adversely affected by the decision, grant, or denial may file a petition for judicial review. The petition may be filed in the court of appeals of the United States for the District of Columbia Circuit or in the court of appeals of the United States for the circuit in which the person resides or has its principal place of business. The court has jurisdiction to review the decision, grant, or denial and to grant appropriate relief, including interim relief, as provided in chapter 7 of title 5. A judgment of a court under this subsection may be reviewed only by the Supreme Court under section 1254 of title 28 . The remedies provided for in this subsection are in addition to other remedies provided by law.

(g) Initiating Review Proceedings.— To review a State law or regulation on commercial motor vehicle safety under this section, the Secretary may initiate a regulatory proceeding on the Secretary’s own initiative or on petition of an interested person (including a State).

§ 31142 Inspection of vehicles

(a) Inspection of Safety Equipment.— On the instruction of an authorized enforcement official of a State or of the United States Government, a commercial motor vehicle is required to pass an inspection of all safety equipment required under the regulations issued under section 31136.

(b) Inspection of Vehicles and Record Retention.— The Secretary of Transportation shall prescribe regulations on Government standards for inspection of commercial motor vehicles and retention by employers of records of an inspection. The standards shall provide for annual or more frequent inspections of a commercial motor vehicle unless the Secretary finds that another inspection system is as effective as an annual or more frequent inspection system. Regulations prescribed under this subsection are deemed to be regulations prescribed under section 31136 of this title .

(c) Preemption.— Except as provided in paragraph (2) of this subsection, this subchapter and section 31102 of this title do not— prevent a State or voluntary group of States from imposing more stringent standards for use in their own periodic roadside inspection programs of commercial motor vehicles; prevent a State from enforcing a program for inspection of commercial motor vehicles that the Secretary decides is as effective as the Government standards prescribed under subsection (b) of this section; prevent a State from participating in the activities of a voluntary group of States enforcing a program for inspection of commercial motor vehicles; or require a State that is enforcing a program described in clause (B) or (C) of this paragraph to enforce a Government standard prescribed under subsection (b) of this section or to adopt a provision on inspection of commercial motor vehicles in addition to that program to comply with the Government standards. The Government standards prescribed under subsection (b) of this section shall preempt a program of a State described in paragraph (1)(C) of this subsection as the program applies to the inspection of commercial motor vehicles in that State. The State may not enforce the program if the Secretary— decides, after notice and an opportunity for a hearing, that the State is not enforcing the program in a way that achieves the objectives of this section; and after making a decision under clause (A) of this paragraph, provides the State with a 6-month period to improve the enforcement of the program to achieve the objectives of this section.

(d) Inspection To Be Accepted as Adequate in All States.— A periodic inspection of a commercial motor vehicle under the Government standards prescribed under subsection (b) of this section or a program described in subsection (c)(1)(B) or (C) of this section that is being enforced shall be recognized as adequate in every State for the period of the inspection. This subsection does not prohibit a State from making random inspections of commercial motor vehicles.

(e) Effect of Government Standards.— The Government standards prescribed under subsection (b) of this section may not be enforced as the standards apply to the inspection of commercial motor vehicles in a State enforcing a program described in subsection (c)(1)(B) or (C) of this section if the Secretary decides that it is in the public interest and consistent with public safety for the Government standards not to be enforced as they apply to that inspection.

(f) Application of State Regulations to Government-Leased Vehicles and Operators.— A State receiving financial assistance under section 31102 of this title in a fiscal year may enforce in that fiscal year a regulation on commercial motor vehicle safety adopted by the State as the regulation applies to commercial motor vehicles and operators leased to the Government.

§ 31143 Investigating complaints and protecting complainants

(a) Investigating Complaints.— The Secretary of Transportation shall conduct a timely investigation of a nonfrivolous written complaint alleging that a substantial violation of a regulation prescribed under this subchapter is occurring or has occurred within the prior 60 days. The Secretary shall give the complainant timely notice of the findings of the investigation. The Secretary is not required to conduct separate investigations of duplicative complaints.

(b) Protecting Complainants.— Notwithstanding section 552 of title 5 , the Secretary may disclose the identity of a complainant only if disclosure is necessary to prosecute a violation. If disclosure becomes necessary, the Secretary shall take every practical means within the Secretary’s authority to ensure that the complainant is not subject to harassment, intimidation, disciplinary action, discrimination, or financial loss because of the disclosure.

§ 31144 Safety fitness of owners and operators

(a) In General.— The Secretary shall— determine whether an owner or operator is fit to operate safely commercial motor vehicles, utilizing among other things the accident record of an owner or operator operating in interstate commerce and the accident record and safety inspection record of such owner or operator— in operations that affect interstate commerce within the United States; and in operations in Canada and Mexico if the owner or operator also conducts operations within the United States; periodically update such safety fitness determinations; make such final safety fitness determinations readily available to the public; and prescribe by regulation penalties for violations of this section consistent with section 521.

(b) Procedure.— The Secretary shall maintain by regulation a procedure for determining the safety fitness of an owner or operator. The procedure shall include, at a minimum, the following elements: Specific initial and continuing requirements with which an owner or operator must comply to demonstrate safety fitness. A methodology the Secretary will use to determine whether an owner or operator is fit. Specific time frames within which the Secretary will determine whether an owner or operator is fit.

(c) Prohibited Transportation.— Except as provided in section 521(b)(5)(A) and this subsection, an owner or operator who the Secretary determines is not fit may not operate commercial motor vehicles in interstate commerce beginning on the 61st day after the date of such fitness determination and until the Secretary determines such owner or operator is fit. With regard to owners or operators of commercial motor vehicles designed or used to transport passengers, an owner or operator who the Secretary determines is not fit may not operate in interstate commerce beginning on the 46th day after the date of such fitness determination and until the Secretary determines such owner or operator is fit. With regard to owners or operators of commercial motor vehicles designed or used to transport hazardous material for which placarding of a motor vehicle is required under regulations prescribed under chapter 51, an owner or operator who the Secretary determines is not fit may not operate in interstate commerce beginning on the 46th day after the date of such fitness determination and until the Secretary determines such owner or operator is fit. A violation of this paragraph by an owner or operator transporting hazardous material shall be considered a violation of chapter 51, and shall be subject to the penalties in sections 5123 and 5124. Except for owners or operators described in paragraphs (2) and (3), the Secretary may allow an owner or operator who is not fit to continue operating for an additional 60 days after the 61st day after the date of the Secretary’s fitness determination, if the Secretary determines that such owner or operator is making a good faith effort to become fit. Owners or operators of commercial motor vehicles prohibited from operating in interstate commerce pursuant to paragraphs (1) through (3) of this section may not operate any commercial motor vehicle that affects interstate commerce until the Secretary determines that such owner or operator is fit.

(d) Determination of Unfitness by State.— If a State that receives motor carrier safety assistance program funds under section 31102 determines, by applying the standards prescribed by the Secretary under subsection (b), that an owner or operator of a commercial motor vehicle that has its principal place of business in that State and operates in intrastate commerce is unfit under such standards and prohibits the owner or operator from operating such vehicle in the State, the Secretary shall prohibit the owner or operator from operating such vehicle in interstate commerce until the State determines that the owner or operator is fit.

(e) Review of Fitness Determinations.— Not later than 45 days after an unfit owner or operator requests a review, the Secretary shall review such owner’s or operator’s compliance with those requirements with which the owner or operator failed to comply and resulted in the Secretary determining that the owner or operator was not fit. Not later than 30 days after an unfit owner or operator of commercial motor vehicles designed or used to transport passengers requests a review, the Secretary shall review such owner’s or operator’s compliance with those requirements with which the owner or operator failed to comply and resulted in the Secretary determining that the owner or operator was not fit. Not later than 30 days after an unfit owner or operator of commercial motor vehicles designed or used to transport hazardous material for which placarding of a motor vehicle is required under regulations prescribed under chapter 51, the Secretary shall review such owner’s or operator’s compliance with those requirements with which the owner or operator failed to comply and resulted in the Secretary determining that the owner or operator was not fit.

(f) Prohibited Government Use.— A department, agency, or instrumentality of the United States Government may not use to provide any transportation service an owner or operator who the Secretary has determined is not fit until the Secretary determines such owner or operator is fit.

(g) Safety Reviews of New Operators.— Except as provided under subparagraph (B), the Secretary shall require, by regulation, each owner and each operator granted new registration under section 13902 or 31134 to undergo a safety review not later than 12 months after the owner or operator, as the case may be, begins operations under such registration. The Secretary shall require, by regulation, each owner and each operator granted new registration to transport passengers under section 13902 or 31134 to undergo a safety review not later than 120 days after the owner or operator, as the case may be, begins operations under such registration. In the regulations issued pursuant to paragraph (1), the Secretary shall establish the elements of the safety review, including basic safety management controls. In establishing such elements, the Secretary shall consider their effects on small businesses and shall consider establishing alternate locations where such reviews may be conducted for the convenience of small businesses. The Secretary shall phase in the requirements of paragraph (1) in a manner that takes into account the availability of certified motor carrier safety auditors. Notwithstanding any other provision of this title, any new operating authority granted after the date on which section 31148(b) is first implemented shall be designated as new entrant authority until the safety review required by paragraph (1) is completed. Repealed. Pub. L. 114–94, div. A, title V, § 5101(e)(1) , Dec. 4, 2015 , 129 Stat. 1525 .] In addition to the requirements of this subsection, the Secretary shall require, by regulation, each registered household goods motor carrier to undergo a consumer protection standards review not later than 18 months after the household goods motor carrier begins operations under such authority. In the regulations issued pursuant to subparagraph (A), the Secretary shall establish the elements of the consumer protections standards review, including basic management controls. In establishing the elements, the Secretary shall consider the effects on small businesses and shall consider establishing alternate locations where such reviews may be conducted for the convenience of small businesses.

(h) Recognition of Canadian Motor Carrier Safety Fitness Determinations.— If an authorized agency of the Canadian federal government or a Canadian Territorial or Provincial government determines, by applying the procedure and standards prescribed by the Secretary under subsection (b) or pursuant to an agreement under paragraph (2), that a Canadian employer is unfit and prohibits the employer from operating a commercial motor vehicle in Canada or any Canadian Province, the Secretary may prohibit the employer from operating such vehicle in interstate and foreign commerce until the authorized Canadian agency determines that the employer is fit. The Secretary may consult and participate in negotiations with authorized officials of the Canadian federal government or a Canadian Territorial or Provincial government, as necessary, to provide reciprocal recognition of each country’s motor carrier safety fitness determinations. An agreement shall provide, to the maximum extent practicable, that each country will follow the procedure and standards prescribed by the Secretary under subsection (b) in making motor carrier safety fitness determinations.

(i) Periodic Safety Reviews of Owners and Operators of Interstate For-hire Commercial Motor Vehicles Designed or Used to Transport Passengers.— The Secretary shall— determine the safety fitness of each motor carrier of passengers who the Secretary registers under section 13902 or 31134 through a simple and understandable rating system that allows passengers to compare the safety performance of each such motor carrier; and assign a safety fitness rating to each such motor carrier. Subparagraph (A) shall apply— to any provider of motorcoach services registered with the Administration after the date of enactment of the Motorcoach Enhanced Safety Act of 2012 beginning not later than 2 years after the date of such registration; and to any provider of motorcoach services registered with the Administration on or before the date of enactment of that Act beginning not later than 3 years after the date of enactment of that Act. The Secretary shall establish, by regulation, a process for monitoring the safety performance of each motor carrier of passengers on a regular basis following the assignment of a safety fitness rating, including progressive intervention to correct unsafe practices. In addition to the enhanced monitoring and enforcement actions required under paragraph (2), the Secretary may organize special enforcement strike forces targeting motor carriers of passengers. In conducting the safety reviews required under this subsection, the Secretary shall— reassess the safety fitness rating of each motor carrier of passengers not less frequently than once every 3 years; and annually assess the safety fitness of certain motor carriers of passengers that serve primarily urban areas with high passenger loads.

§ 31145 Coordination of Governmental activities and paperwork

The Secretary of Transportation shall coordinate the activities of departments, agencies, and instrumentalities of the United States Government to ensure adequate protection of the safety and health of operators of commercial motor vehicles. The Secretary shall attempt to minimize paperwork burdens to ensure maximum coordination and to avoid overlap and the imposition of unreasonable burdens on persons subject to regulations under this subchapter. ( Pub. L. 103–272, § 1(e) , July 5, 1994 , 108 Stat. 1012 .)

§ 31146 Relationship to other laws

Except as provided in section 31136(b) of this title , this subchapter and the regulations prescribed under this subchapter do not affect chapter 51 of this title or a regulation prescribed under chapter 51. ( Pub. L. 103–272, § 1(e) , July 5, 1994 , 108 Stat. 1013 .)

§ 31147 Limitations on authority

(a) Traffic Regulations.— This subchapter does not authorize the Secretary of Transportation to prescribe traffic safety regulations or preempt State traffic regulations. However, the Secretary may prescribe traffic regulations to the extent their subject matter was regulated under parts 390–399 of title 49, Code of Federal Regulations, on October 30, 1984 .

(b) Regulating the Manufacturing of Vehicles.— This subchapter does not authorize the Secretary to regulate the manufacture of commercial motor vehicles for any purpose, including fuel economy, safety, or emission control.

§ 31148 Certified motor carrier safety auditors

(a) In General.— Not later than 1 year after the date of the enactment of this section, the Secretary of Transportation shall complete a rulemaking to improve training and provide for the certification of motor carrier safety auditors, including private contractors, to conduct safety inspection audits and reviews described in subsection (b).

(b) Certified Inspection Audit Requirement.— Not later than 1 year after completion of the rulemaking required by subsection (a), any safety inspection audit or review required by, or based on the authority of, this chapter or chapter 5, 313, or 315 of this title and performed after December 31, 2002 , shall be conducted by— a motor carrier safety auditor certified under subsection (a); or a Federal or State employee who, on the date of the enactment of this section, was qualified to perform such an audit or review.

(c) Extension.— If the Secretary determines that subsection (b) cannot be implemented within the 1-year period established by that subsection and notifies the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives of the determination and the reasons therefor, the Secretary may extend the deadline for compliance with subsection (b) by not more than 12 months.

(d) Application With Other Authority.— The Secretary may not delegate the Secretary’s authority to private contractors to issue ratings or operating authority, and nothing in this section authorizes any private contractor to issue ratings or operating authority.

(e) Oversight Responsibility.— The Secretary shall have authority over any motor carrier safety auditor certified under subsection (a), including the authority to decertify a motor carrier safety auditor.

§ 31149 Medical program

(a) Medical Review Board.— The Secretary of Transportation shall establish a Medical Review Board to provide the Federal Motor Carrier Safety Administration with medical advice and recommendations on medical standards and guidelines for the physical qualifications of operators of commercial motor vehicles, medical examiner education, and medical research. The Medical Review Board shall be appointed by the Secretary and shall consist of 5 members selected from medical institutions and private practice. The membership shall reflect expertise in a variety of medical specialties relevant to the driver fitness requirements of the Federal Motor Carrier Safety Administration.

(b) Chief Medical Examiner.— The Secretary shall appoint a chief medical examiner who shall be an employee of the Federal Motor Carrier Safety Administration and who shall hold a position under section 3104 of title 5 , United States Code, relating to employment of specially qualified scientific and professional personnel, and shall be paid under section 5376 of title 5 , United States Code, relating to pay for certain senior-level positions.

(c) Medical Standards and Requirements.— The Secretary, with the advice of the Medical Review Board and the chief medical examiner, shall— establish, review, and revise— medical standards for operators of commercial motor vehicles that will ensure that the physical condition of operators of commercial motor vehicles is adequate to enable them to operate the vehicles safely; and requirements for periodic physical examinations of such operators performed by medical examiners who have, at a minimum, self-certified that they have completed training in physical and medical examination standards and are listed on a national registry maintained by the Department of Transportation; require each such operator to have a current valid medical certificate; conduct periodic reviews of a select number of medical examiners on the national registry to ensure that proper examinations of such operators are being conducted; not later than 1 year after enactment of the Commercial Motor Vehicle Safety Enhancement Act of 2012, develop requirements for a medical examiner to be listed in the national registry under this section, including— the completion of specific courses and materials; certification, including, at a minimum, self-certification, if the Secretary determines that self-certification is necessary for sufficient participation in the national registry, to verify that a medical examiner completed specific training, including refresher courses, that the Secretary determines necessary to be listed in the national registry; an examination that requires a passing grade; and demonstration of a medical examiner’s willingness to meet the reporting requirements established by the Secretary; require medical examiners to transmit electronically, on a monthly basis, the name of the applicant, a numerical identifier, and additional information contained on the medical examiner’s certificate for any completed medical examination report required under section 391.43 of title 49, Code of Federal Regulations, to the chief medical examiner; periodically review a representative sample of the medical examination reports associated with the name and numerical identifiers of applicants transmitted under subparagraph (E) for errors, omissions, or other indications of improper certification; and annually review the implementation of commercial driver’s license requirements by not fewer than 10 States to assess the accuracy, validity, and timeliness of— the submission of physical examination reports and medical certificates to State licensing agencies; and the processing of the submissions by State licensing agencies. The Secretary shall investigate patterns of errors or improper certification by a medical examiner. If the Secretary finds that a medical examiner has issued a medical certificate to an operator of a commercial motor vehicle who fails to meet the applicable standards at the time of the examination or that a medical examiner has falsely claimed to have completed training in physical and medical examination standards as required by this section, the Secretary may remove such medical examiner from the registry and may void the medical certificate of the applicant or holder.

(d) National Registry of Medical Examiners.— The Secretary, acting through the Federal Motor Carrier Safety Administration— shall establish and maintain a current national registry of medical examiners who are qualified to perform examinations and issue medical certificates; shall remove from the registry the name of any medical examiner that fails to meet or maintain the qualifications established by the Secretary for being listed in the registry or otherwise does not meet the requirements of this section or regulation issued under this section; shall accept as valid only medical certificates issued by persons on the national registry of medical examiners; and may make participation of medical examiners in the national registry voluntary if such a change will enhance the safety of operators of commercial motor vehicles.

(e) Regulations.— The Secretary shall issue such regulations as may be necessary to carry out this section.

§ 31150 Safety performance history screening

(a) In General.— The Secretary of Transportation shall provide persons conducting preemployment screening services for the motor carrier industry electronic access to the following reports contained in the Motor Carrier Management Information System: Commercial motor vehicle accident reports. Inspection reports that contain no driver-related safety violations. Serious driver-related safety violation inspection reports.

(b) Conditions on Providing Access.— Before providing a person access to the Motor Carrier Management Information System under subsection (a), the Secretary shall— ensure that any information that is released to such person will be in accordance with the Fair Credit Reporting Act ( 15 U.S.C. 1681 et seq.) and all other applicable Federal law; ensure that such person will not conduct a screening without the operator-applicant’s written consent; ensure that any information that is released to such person will not be released to any person or entity, other than the motor carrier requesting the screening services or the operator-applicant, unless expressly authorized or required by law; and provide a procedure for the operator-applicant to correct inaccurate information in the System in a timely manner.

(c) Design.— The process for providing access to the Motor Carrier Management Information System under subsection (a) shall be designed to assist the motor carrier industry in assessing an individual operator’s crash and serious safety violation inspection history as a preemployment condition. Use of the process shall not be mandatory and may only be used during the preemployment assessment of an operator-applicant.

(d) Serious Driver-Related Safety Violation Defined.— In this section, the term “serious driver-related violation” means a violation by an operator of a commercial motor vehicle that the Secretary determines will result in the operator being prohibited from continuing to operate a commercial motor vehicle until the violation is corrected.

§ 31151 Roadability

(a) Inspection, Repair, and Maintenance of Intermodal Equipment.— The Secretary of Transportation shall maintain a program to ensure that intermodal equipment used to transport intermodal containers is safe and systematically maintained. The Secretary shall issue the regulations under this section as a subpart of the Federal motor carrier safety regulations. The regulations issued under this section shall include, at a minimum— a requirement to identify intermodal equipment providers responsible for the inspection and maintenance of intermodal equipment that is interchanged or intended for interchange to motor carriers in intermodal transportation; a requirement to match intermodal equipment readily to an intermodal equipment provider through a unique identifying number; a requirement that an intermodal equipment provider identified under subparagraph (A) systematically inspect, repair, and maintain, or cause to be systematically inspected, repaired, and maintained, intermodal equipment described in subparagraph (A) that is intended for interchange with a motor carrier; a requirement to ensure that each intermodal equipment provider identified under subparagraph (A) maintains a system of maintenance and repair records for such equipment; requirements that— a specific list of intermodal equipment components or items be identified for the visual or audible inspection of which a driver is responsible before operating the equipment over the road; and the inspection under clause (i) be conducted as part of the Federal requirement in effect on the date of enactment of this section that a driver be satisfied that the intermodal equipment components are in good working order before the equipment is operated over the road; a requirement that a facility at which an intermodal equipment provider regularly makes intermodal equipment available for interchange have an operational process and space readily available for a motor carrier to have an equipment defect identified pursuant to subparagraph (E) repaired or the equipment replaced prior to departure; a program for the evaluation and audit of compliance by intermodal equipment providers with applicable Federal motor carrier safety regulations; a civil penalty structure consistent with section 521(b) of title 49 , United States Code, for intermodal equipment providers that fail to attain satisfactory compliance with applicable Federal motor carrier safety regulations; and a prohibition on intermodal equipment providers from placing intermodal equipment in service on the public highways to the extent such providers or their equipment are found to pose an imminent hazard; a process by which motor carriers and agents of motor carriers shall be able to request the Federal Motor Carrier Safety Administration to undertake an investigation of an intermodal equipment provider identified under subparagraph (A) that is alleged to be not in compliance with the regulations under this section; a process by which equipment providers and agents of equipment providers shall be able to request the Administration to undertake an investigation of a motor carrier that is alleged to be not in compliance with the regulations issued under this section; a process by which a driver or motor carrier transporting intermodal equipment is required to report to the intermodal equipment provider or the provider’s designated agent any actual damage or defect in the intermodal equipment of which the driver or motor carrier is aware at the time the intermodal equipment is returned to the intermodal equipment provider or the provider’s designated agent; a requirement that any actual damage or defect identified in the process established under subparagraph (L) be repaired before the equipment is made available for interchange to a motor carrier and that repairs of equipment made pursuant to the requirements of this subparagraph and reports made pursuant to the subparagraph (L) process be documented in the maintenance records for such equipment; and a procedure under which motor carriers, drivers and intermodal equipment providers may seek correction of their motor carrier safety records through the deletion from those records of violations of safety regulations attributable to deficiencies in the intermodal chassis or trailer for which they should not have been held responsible.

(b) Inspection, Repair, and Maintenance of Intermodal Equipment.— The Secretary or an employee of the Department of Transportation designated by the Secretary may inspect intermodal equipment, and copy related maintenance and repair records for such equipment, on demand and display of proper credentials.

(c) Out-of-Service Until Repair.— Any intermodal equipment that is determined under this section to fail to comply with applicable Federal safety regulations may be placed out of service by the Secretary or a Federal, State, or government official designated by the Secretary and may not be used on a public highway until the repairs necessary to bring such equipment into compliance have been completed. Repairs of equipment taken out of service shall be documented in the maintenance records for such equipment.

(d) Preemption Generally.— Except as provided in subsection (e), a law, regulation, order, or other requirement of a State, a political subdivision of a State, or a tribal organization relating to commercial motor vehicle safety is preempted if such law, regulation, order, or other requirement exceeds or is inconsistent with a requirement imposed under or pursuant to this section.

(e) Pre-Existing State Requirements.— Except as provided in paragraph (2), a State requirement for the periodic inspection of intermodal chassis by intermodal equipment providers that was in effect on January 1, 2005 , shall remain in effect only until the date on which requirements prescribed under this section take effect. Notwithstanding subsection (d), a State requirement described in paragraph (1) is not preempted by a Federal requirement prescribed under this section if the Secretary determines that the State requirement is as effective as the Federal requirement and does not unduly burden interstate commerce. Subparagraph (A) applies to a State requirement only if the State applies to the Secretary for a determination under this paragraph with respect to the requirement before the date on which the regulations issued under this section take effect. The Secretary shall make a determination with respect to any such application within 6 months after the date on which the Secretary receives the application. Any amendment to a State requirement not preempted under this subsection because of a determination by the Secretary under subparagraph (A) may not take effect unless— it is submitted to the Secretary before the effective date of the amendment; and the Secretary determines that the amendment would not cause the State requirement to be less effective than the Federal requirement and would not unduly burden interstate commerce.

(f) Definitions.— In this section, the following definitions apply: The term “intermodal equipment” means trailing equipment that is used in the intermodal transportation of containers over public highways in interstate commerce, including trailers and chassis. The term “intermodal equipment interchange agreement” means the Uniform Intermodal Interchange and Facilities Access Agreement or any other written document executed by an intermodal equipment provider or its agent and a motor carrier or its agent, the primary purpose of which is to establish the responsibilities and liabilities of both parties with respect to the interchange of the intermodal equipment. The term “intermodal equipment provider” means any person that interchanges intermodal equipment with a motor carrier pursuant to a written interchange agreement or has a contractual responsibility for the maintenance of the intermodal equipment. The term “interchange”— means the act of providing intermodal equipment to a motor carrier pursuant to an intermodal equipment interchange agreement for the purpose of transporting the equipment for loading or unloading by any person or repositioning the equipment for the benefit of the equipment provider; but does not include the leasing of equipment to a motor carrier for primary use in the motor carrier’s freight hauling operations.

§ 31161 International cooperation

The Secretary of Transportation is authorized to use funds made available by section 31110 to participate and cooperate in international activities to enhance motor carrier, commercial motor vehicle, driver, and highway safety by such means as exchanging information, conducting research, and examining needs, best practices, and new technology. (Added Pub. L. 109–59, title IV, § 4119(a) , Aug. 10, 2005 , 119 Stat. 1733 ; amended Pub. L. 114–94, div. A, title V, § 5103(c)(3) , Dec. 4, 2015 , 129 Stat. 1527 .)