[Senate Report 112-238]
[From the U.S. Government Publishing Office]
112th Congress Report
SENATE
2d Session 112-238
_______________________________________________________________________
Calendar No. 543
COMMERCIAL MOTOR VEHICLE SAFETY ENHANCEMENT ACT OF 2011
__________
R E P O R T
OF THE
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 1950
November 13, 2012.--Ordered to be printed
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred twelfth congress
second session
JOHN D. ROCKEFELLER IV, West Virginia, Chairman
DANIEL K. INOUYE, Hawaii KAY BAILEY HUTCHISON, Texas
JOHN F. KERRY, Massachusetts OLYMPIA J. SNOWE, Maine
BARBARA BOXER, California JIM DeMINT, South Carolina
BILL NELSON, Florida JOHN THUNE, South Dakota
MARIA CANTWELL, Washington ROGER F. WICKER, Mississippi
FRANK R. LAUTENBERG, New Jersey JOHNNY ISAKSON, Georgia
MARK PRYOR, Arkansas ROY BLUNT, Missouri
CLAIRE McCASKILL, Missouri JOHN BOOZMAN, Arkansas
AMY KLOBUCHAR, Minnesota PATRICK J. TOOMEY, Pennsylvania
TOM UDALL, New Mexico MARCO RUBIO, Florida
MARK WARNER, Virginia KELLY AYOTTE, New Hampshire
MARK BEGICH, Alaska DEAN HELLER, Nevada
Ellen Doneski, Staff Director
James Reid, Deputy Staff Director
John Williams, General Counsel
Richard Russell, Republican Staff Director
David Quinalty, Republican Deputy Staff Director
Rebecca Seidel, Republican General Counsel
Calendar No. 543
112th Congress Report
SENATE
2d Session 112-238
======================================================================
COMMERCIAL MOTOR VEHICLE SAFETY ENHANCEMENT ACT OF 2011
_______
November 13, 2012.--Ordered to be printed
_______
Mr. Rockefeller, from the Committee on Commerce, Science, and
Transportation, submitted the following
R E P O R T
[To accompany S. 1950]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 1950) to amend title 49, United
States Code, to improve commercial motor vehicle safety and
reduce commercial motor vehicle-related accidents and
fatalities, to authorize the Federal Motor Carrier Safety
Administration, and for other purposes, having considered the
same, reports favorably thereon with an amendment (in the
nature of a substitute) and recommends that the bill (as
amended) do pass.
Purpose of the Bill
S. 1950, the Commercial Motor Vehicle Safety Enhancement Act
of 2011, is a bill to improve commercial motor vehicle safety
and reduce commercial motor vehicle-related accidents and
fatalities, to authorize the Federal Motor Carrier Safety
Administration for fiscal years 2012 and 2013, and for other
purposes.
Background and Needs
A. BACKGROUND AND NEEDS ON COMMERCIAL MOTOR CARRIER SAFETY
The commercial motor carrier industry is a major component of
the U.S. economy. In 2007, more than 13 billion tons of
freight, valued at $11.8 trillion, was transported nearly 3.5
trillion ton-miles in the United States. The Bureau of
Transportation Statistics reports that trucking held the
greatest share in all these categories, handling 69 percent, or
9 billion tons, of freight shipped; 71 percent, or $8.4
trillion, of the total value of goods shipped; and 40 percent,
or 1.4 trillion ton-miles, of total ton-miles.\1\ By
comparison, the next greatest share was rail with 15 percent,
or 1.9 billion tons, of total freight shipped and 37 percent,
or 1.4 trillion ton-miles, or total ton-miles; and parcel,
handling 13 percent, or $1.6 billion in total freight value. In
2009, the commercial motor carrier industry generated $250.5
billion in operating revenue, down from the $301.4 billion in
operating revenue generated in 2008.
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\1\Bureau of Transportation Statistics, ``U.S. Freight on the Move:
Highlights from the 2007 Commodity Flow Survey Preliminary Data,'' by
Michael Margreta, Chester Ford, and M. Adhi Dipo, September 2009.
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According to the Federal Motor Carrier Safety Administration
(FMCSA), both the injury and fatality rates for accidents
involving commercial motor vehicles (CMVs)\2\ have been
declining on a per-mile basis since 2001, potentially due to
increased compliance with safety measures. For example, seat
belt use by drivers of large trucks has increased to 72 percent
in 2008 from 48 percent in 2002. Additionally, the reduction of
fatalities and injuries over the last several years is partly
due to the current economic downturn, which has led to fewer
motor vehicles and less congestion on our highways. As the
economy improves and commerce increases, fatalities and
injuries are likely to rise again unless concrete action is
taken to prevent them.
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\2\A ``commercial motor vehicle'' is defined under section 390.5 of
title 49, Code of Federal Regulations as any self-propelled or towed
motor vehicle used on a highway in interstate commerce to transport
passengers or property when the vehicle (1) has a gross vehicle weight
rating or gross combination weight rating, or gross vehicle weight or
gross combination weight, of 4,536 kg (10,001 pounds) or more,
whichever is greater; or (2) is designed or used to transport more than
8 passengers (including the driver) for compensation; or (3) is
designed or used to transport more than 15 passengers, including the
driver, and is not used to transport passengers for compensation; or
(4) is used in transporting material found by the Secretary of
Transportation to be hazardous under 49 U.S.C. 5103 and transported in
a quantity requiring placarding under regulations prescribed by the
Secretary under 49 CFR, subtitle B, chapter I, subchapter C.
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Despite these positive trends, significant safety challenges
still exist. For example, FMCSA reports that the rate of
crashes (although not injuries and fatalities) involving large
trucks and buses has increased in recent years. This is due in
part to FMCSA working with the States to improve their
reporting of large truck and bus crash and inspection data. As
a result, large truck crashes reported to FMCSA increased from
109,248 to more than 133,931 annually from calendar year 2001
to 2008, an increase of 23 percent. During this same period,
the total number of large truck fatal and injury crashes has
actually decreased, from 90,451 crashes in 2001 to 67,733 in
2008 according to FMCSA\3\, demonstrating that the increase in
crashes represents more complete and accurate reporting by the
States to FMCSA than in the past. Some question whether this
change in data reporting has affected the perception of a
reduction in fatality rates, which has declined from 2.31 in
2001 to 1.79 in 2008 per 100 million vehicle miles traveled.
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\3\FMCSA, ``Large Truck and Bus Crash Facts 2008'' March 2010
(http://ai.fmcsa.dot.gov/CarrierResearchResults/PDFs/
LargeTruckandBusCrashFacts2008.pdf)
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FMCSA is the Department of Transportation (DOT) agency
responsible for commercial truck (motor carrier) and bus
(motorcoach) safety. Its primary mission is to reduce crashes,
injuries, and fatalities involving CMVs. To achieve this goal,
FMCSA sets minimum safety standards for all CMVs, including the
vehicle standards, the requirements for proper insurance and
systematic maintenance, and the physical qualifications and
operating rules for drivers. Additionally, FMCSA grants
operating authority to a motor carrier or motorcoach carrier
based upon the carrier's ability to meet and maintain
compliance with FMCSA's safety fitness standards; drug and
alcohol testing; commercial driver's license (CDL) standards;
maintenance of crash records and reports; hours of service
(HOS) rules; inspection, repair, and maintenance of vehicles;
and other factors. FMCSA also targets educational messages to
carriers, commercial drivers, and the public and partners with
stakeholders, including Federal, State, and local enforcement
agencies, the motor carrier industry, safety groups, and
organized labor on efforts to reduce bus and truck-related
crashes.
COMPLIANCE, SAFETY, ACCOUNTABILITY
FMCSA ensures that carriers comply with safety regulations
primarily through on-site safety reviews of carriers already in
the industry and safety audits of carriers that have recently
started operations. Safety reviews and audits help FMCSA
determine whether carriers are complying with safety
regulations and, if not, take enforcement action against them,
including placing carriers out of service. However, FMCSA and
State law enforcement agencies are dwarfed by the size of the
industry and, as a result, are only able to conduct compliance
reviews on a very small percentage of carriers, about 2 percent
each year.
FMCSA is implementing a new approach under its Compliance,
Safety, Accountability (CSA) initiative to measure safety and
compliance, determine safety fitness, recommend and apply
interventions, and track and evaluate safety improvements for
both carriers and individual drivers. Under this approach, a
measurement system (computer algorithm) would use safety data
inputs to rate the safety performance of carriers and
individual drivers. FMCSA expects that CSA would provide safety
benefits by enabling it: (1) to increase its reach by assessing
whether most motor carriers and drivers are safe and holding
them accountable by regularly determining their safety fitness;
(2) to enhance its investigative and enforcement actions
through the greater use of less resource-intensive
interventions; and (3) to improve its ability to identify
safety deficiencies through better use of data. FMCSA was set
to deploy its CSA system in 2010, but full implementation has
been delayed for a variety of reasons.
MOTOR CARRIER REGISTRATION PROCESS AND REINCARNATED CARRIERS
A person is required to obtain operating authority from FMCSA
before operating a CMV to transport cargo or passengers in
interstate commerce. If FMCSA approves the application,
applicants are issued conditional operating authority and are
subject to a comprehensive new entrant safety audit not later
than 18 months after beginning operation. If FMCSA determines
before the end of this probationary period that the carrier is
not operating safely, it may suspend or revoke the carrier's
registration.
Data shows that new motor carriers have more pronounced
patterns of critical violations of safety regulations, far more
acute violations, and higher accident rates in the first year
of operation. However, FMCSA's application process relies on
educational and technical assistance materials to improve the
operations of motor carriers before they begin operation, and
the agency has no way to determine if a motor carrier is
complying with the Federal Motor Carrier Safety Regulations
(FMCSRs) until the safety audit occurs. The National
Transportation Safety Board (NTSB) has found that FMCSA's
application process lacks meaningful safeguards to ensure that
a motor carrier is aware of, understands, and has a safety
management system in place to comply with the FMCSRs. The NTSB
has recommended that all persons seeking operating authority
demonstrate their safety fitness prior to obtaining new entrant
operating authority by, at a minimum: (1) passing an
examination demonstrating their knowledge of the FMCSRs; (2)
submitting a comprehensive plan documenting that the motor
carrier has management systems in place to ensure compliance
with the FMCSRs; and (3) passing a FMCSA safety audit,
including vehicle inspections.\4\
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\4\NTSB Safety Recommendation H-03-02
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It has become a common practice in the motor carrier industry
in recent years for motor carriers to submit a new application
for registration, often under a new legal name, following a
determination by the Secretary of Transportation (Secretary)
that the carrier is not able to comply with the FMCSA's CMV
safety regulations. Historically, when the motor carrier's
attempt to mask or conceal this history of noncompliance
through ``reincarnation'' has been discovered, the Secretary's
authority to revoke or suspend the ``new'' registration based
upon the compliance history of the predecessor motor carrier
has been unclear.
FMCSA SAFETY GRANTS
FMCSA provides funding to the 50 States, the District of
Columbia, and the American Territories through ten separate
grant programs, each with different safety objectives and
emphasis. The largest of these grant programs is the Motor
Carrier Safety Assistance Program Basic and Incentive grant
program, which assists States in developing or implementing
national programs for the uniform enforcement of Federal and
State rules and regulations concerning motor safety.
ELECTRONIC ON-BOARD RECORDERS
To reduce the instances of CMV-related accidents that are the
result of fatigued drivers, FMCSA regulates the number of hours
a truck driver may drive. By many accounts, truck driver
compliance with the HOS regulations is poor, and the existing
system to track the numbers of hours driven by drivers is
complicated, easily-manipulated, expensive, and cumbersome to
maintain and audit. To improve compliance, many motor carriers
employ electronic on-board recorders (EOBRs), which are
electronic recording devices typically installed in truck power
units (``cabs''), to track compliance with the HOS regulations.
On February 1, 2010, FMCSA issued a notice of proposed
rulemaking to require certain motor carriers operating CMVs in
interstate commerce to use EOBRs to document their drivers'
HOS. Under this proposal, all motor carriers subject to the HOS
rules would be required to use EOBRs to systematically and
effectively monitor their drivers' compliance with the HOS
requirements.
DRUG AND ALCOHOL TESTING
FMCSA is responsible to enforce the regulations that require
commercial drivers to be tested for drugs and alcohol. However,
ensuring that all commercial drivers are tested is a
substantial task, given the large number of commercial motor
carrier companies registered with the Federal Government. In
2008, the Government Accountability Office (GAO) reported
weaknesses in FMSCA's drug testing program and recommended the
establishment of a national database and clearinghouse of drug
and alcohol testing information to enable more thorough
checking of drivers' past test results and reduce the number of
drivers who test positive and continue to drive.\4\ Earlier
this year, Senator Pryor introduced S. 754, the Safe Roads Act,
which would implement GAO's recommendation to establish this
national database. S. 754 would authorize FMCSA to develop and
deploy the database and clearinghouse; require medical review
officers, employers and other service agents to report positive
results from drug or alcohol tests to FMCSA; and require
employers to check the database prior to hiring prospective
employees.
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\4\GAO-08-600, ``Motor Carrier Safety: Improvements to Drug Testing
Programs Could Better Identify Illegal Drug Users and Keep them off the
Road,'' May 2008.
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MOTOR COACH SAFETY AND ENFORCEMENT
While motorcoach transportation overall is safe, the high-
occupancy of motorcoaches often means a serious motorcoach
crash would result in a significant number of fatal or serious
injuries, particularly when occupants are ejected. Between 2000
and 2009, there were 338 motorcoaches involved in fatal
crashes, of which 48 had at least one fatality to a motorcoach
occupant. For comparison, annually there are approximately
4,000 large trucks involved in fatal crashes, 18,000 passenger
cars involved in fatal crashes, and 18,000 light trucks
involved in fatal crashes. During the period between 2000 and
2009, approximately 16 fatalities have occurred each year to
motorcoach occupants (including drivers and passengers).
Earlier this year, Senators Brown and Hutchison introduced S.
453, the Motorcoach Enhanced Safety Act of 2011, to improve the
safety of commercial over-the-road motorcoach operations by
addressing the predominant factors impacting safety: the
condition of the vehicle, the qualifications and physical
condition of the driver, and the safety practices of the
motorcoach company. The Committee on Commerce, Science, and
Transportation reported that bill on November 9, 2011.
B. BACKGROUND AND NEEDS ON SURFACE TRANSPORTATION AND FREIGHT POLICY
The safe, efficient, and convenient movement of people and
goods depends on a vibrant transportation system. Our Nation
has built vast systems of roads, airways, railways, transit
systems, pipelines, ports, and waterways that facilitate
commerce and improve our quality of life. However, these
systems are under considerable strain due to increasing
congestion and the costs of maintaining and improving the
systems. This strain is expected to increase as the demand to
move people and goods grows resulting from population growth,
technological change, and increased globalization of the
economy. DOT implements national transportation policy and
administers most Federal transportation programs. Its
responsibilities are considerable and reflect the extraordinary
scale, use, and impact of the Nation's transportation systems.
DOT has multiple missions, primarily focusing on mobility and
safety, that are carried out by several operating
administrations.
There is a widespread understanding that the surface
transportation programs authorized in the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy for
Users (SAFETEA-LU) (119 Stat. 1144) do not effectively address
the transportation challenges the Nation faces. As a result,
many transportation stakeholders have called for a fundamental
reexamination of the Nation's surface transportation programs:
(1) to have well-defined goals with direct links to an
identified Federal interest and Federal role; (2) to institute
processes to make grantees more accountable by establishing
more performance-based links between funding and program
outcomes; and (3) to institute tools and approaches that
emphasize the return on the Federal investment.
As part of this reexamination, transportation stakeholders
have called for a more clearly defined Federal role to improve
freight mobility and an alignment of Federal investments with
economically significant national benefits through a
comprehensive national strategy for freight transportation.
This national strategy should include defining the Federal role
and national interests in freight transportation, including
economically-based and objective criteria to identify areas of
national significance for freight transportation and to
determine whether Federal funds are required in those areas.
A number of factors contribute to constrained freight
mobility and, together, these factors have significant adverse
impacts. First, growing freight transportation demand decreases
freight mobility. Volumes of goods shipped by trucks and
railroads, for example, are projected to increase by 98 percent
and 88 percent, respectively, by 2035. Second, the capacity of
our transportation system is constrained by other factors,
including the cost of surmounting geographic barriers, such as
mountain ranges and waterways, population density, and urban
land-use development patterns. Third, freight mobility is
limited by inefficiencies in how infrastructure is used, such
as poor road signal timing and prices paid by users that do not
align with infrastructure costs, resulting in congestion. The
widening gap between the volumes of goods and available system
capacity is increasing transportation congestion. Constrained
freight mobility has adverse economic costs for consumers,
shippers, and carriers, as well as in urban centers where
congestion exacerbates environmental pollution and increases
health risks, such as respiratory illnesses. Although freight
transportation stakeholders have advanced projects and
proposals to enhance freight mobility by building new
infrastructure and increasing system efficiency, public
planners face several challenges when advancing freight
improvement projects. These challenges include competition from
nonfreight projects for public funds and community support in
the planning process, lack of coordination among various
government entities and private sector stakeholders, and
limited or restricted availability of public funds available
for freight transportation. Compounding these challenges facing
State and local transportation planners is that the Federal
Government is not well positioned to enhance freight mobility
due to the absence of a clear Federal strategy and role for
freight transportation, an outmoded Federal approach to
transportation planning and funding, and the unsustainability
of planned Federal transportation funding. When combined, these
challenges and factors hinder the ability of public sector
agencies to effectively address freight mobility and highlight
the need to reassess the appropriate Federal role and strategy
in developing, selecting, and funding transportation
investments, including those for freight transportation.
Summary of Provisions
S. 1950, the Commercial Motor Vehicle Safety Enhancement Act
of 2011 (CMVSEA) would reauthorize DOT's truck and bus safety
programs that are administered by FMCSA and improve the safety
of the CMV industry by enacting reforms focused on three
themes: (1) ensuring the safest motor carriers and drivers are
able to enter the industry; (2) improving the safety laws and
regulations that govern drivers and vehicles that operate in
the industry; and (3) providing FMCSA and States the
enforcement tools they need to remove unsafe and unfit drivers
and carriers from the industry. Below is a summary of the
provisions included in the bill.
CMVSEA would improve FMCSA's registration process by
requiring an applicant to pass a safety proficiency examination
and submission of a safety management plan as a precondition
for operating authority. FMCSA currently does not require a
demonstration of knowledge of Federal requirements before a
carrier begins operating. The proficiency examination would
allow FMCSA to evaluate the applicant's knowledge of FMCSA's
safety regulations. Additionally, the requirement for
applicants to submit a safety management plan would demonstrate
the person has management systems in place to ensure compliance
with FMCSA's safety regulations.
CMVSEA would direct FMCSA to complete its current rulemaking
to require EOBRs on all CMVs used in interstate commerce and
subject to HOS to document their drivers' compliance with HOS.
This requirement would improve compliance with the HOS
regulations and thereby help reduce the risk of fatigue-related
CMV accidents.
CMVSEA would improve FMCSA's ability to crack down on
``reincarnated carriers'' by enhancing FMCSA's authority to
revoke their operating authority and requiring new operators to
disclose all relationships with other motor carriers over the
past 5 years as a condition of receiving operating authority.
This provision would help DOT get unsafe carriers off the road
by preventing them from ``reincarnating'' as a new carrier to
avoid being held accountable for operating unsafely.
CMVSEA incorporates S. 754, the Safe Roads Act, which would
direct FMCSA to establish an electronic ``clearinghouse'' for
records relating to alcohol and controlled substances testing
of CMV operators. This clearinghouse would improve both CMV
operators' and their employers' compliance with FMCSA alcohol
and controlled substances testing program and would provide
employers information about a driver before hiring the driver.
The bill would also require employers to be updated on the
driving status of their employees to prevent a person from
operating a CMV with a revoked or suspended CDL.
CMVSEA would provide statutory language to support FMCSA's
implementation of CSA. CSA is FMCSA's new safety initiative to
improve truck and bus safety by employing a new enforcement and
compliance model that would allow FMCSA and its State partners
to contact a larger number of carriers earlier in order to
address safety problems before crashes occur.
CMVSEA would consolidate FMCSA's grant programs into three
primary programs: CSA, Driver Safety, and Data and Technology
grants. These changes would allow for greater flexibility,
diverse participation, and the ability to redirect funds based
on national, State, and local needs.
CMVSEA would direct DOT to report on the safety performance
and infrastructure impacts of allowing trucks that exceed the
Federal truck size and weight limits to operate on the National
Highway System. The bill would also require DOT to compile the
State laws that allow a segment of the National Highway System
to accommodate trucks that operate in excess of the Federal
truck size and weight limits.
CMVSEA would also create a new competitive grant program for
freight-specific, multi-modal infrastructure projects to
complement other existing grant making programs to meet the
policy, objectives, and goals of the S. 371, the Focusing
Resources, Economic Investment, and Guidance to Help
Transportation (FREIGHT) Act of 2011. This multi-year grant
program would fund freight-specific projects, such as port
infrastructure improvements, freight rail capacity expansion,
and highway projects that improve access to freight facilities.
CMVSEA would establish a comprehensive national surface
transportation system policy to develop a comprehensive
national surface transportation system that advances the
national interest and defense, interstate and foreign commerce,
the efficient and safe interstate mobility of people and goods,
and the protection of the environment. The Secretary would be
responsible to carry out this policy.
CMVSEA would also establish a national freight transportation
policy that would improve the efficiency, operation, and
security of the national transportation system to move freight
by leveraging investments and promoting partnerships that
advance interstate and foreign commerce, promote economic
competitiveness and job creation, improve the safe and
efficient mobility of goods, and protect the public health and
the environment.
Finally, CMVSEA would establish an Office of Freight Planning
and Development in the Office of the Secretary, along with an
Assistant Secretary of Freight Planning and Development to head
it. The Office of Freight Planning and Development would
support DOT's work on the National Freight Strategic Plan and
help coordinate Federal funding to assist with the movement of
freight.
Legislative History
S. 1950 was introduced on December 7, 2011, by Senators
Lautenberg, Rockefeller, and Pryor and referred to the
Committee on Commerce, Science, and Transportation. On December
14, 2011, the Committee met in open Executive Session and, by a
recorded vote, ordered S. 1950 reported with an amendment (in
the nature of a substitute).
Title IV of S. 1950 incorporates S. 754, the Safe Roads Act,
which would implement GAO's recommendation to establish a
national database and clearinghouse of drug and alcohol testing
information. S. 754 was introduced on April 7, 2011, by
Senators Pryor, Boozman, Snowe, Vitter, and Wicker and referred
to the Committee on Commerce, Science, and Transportation. S.
754 was previously introduced in the 111th Congress as S. 1113,
the Safe Roads Act of 2009.
Title VII of S. 1950 incorporates certain provisions of S.
453, the Motorcoach Enhanced Safety Act of 2011. S. 453 was
introduced on March 2, 2011, by Senators Sherrod Brown and
Hutchison, and cosponsored by Senators Schumer, Gillibrand,
Lautenberg, Blumenthal, Rockefeller, Webb, and Warner. The
Committee on Commerce, Science, and Transportation met in open
Executive Session and, by voice vote, ordered S. 453 reported
favorable as amended, with an amendment (in the nature of a
substitute) on May 5, 2011.
Title XII of S. 1950 incorporates certain provisions of S.
371, the FREIGHT Act. S. 371 was introduced on February 2,
2011, by Senators Lautenberg, Cantwell, and Murray. Senator
Rockefeller was added as a cosponsor on July 25, 2011. S. 371
was previously introduced in the 111th Congress as S. 3629, the
Focusing Resources, Economic Investment, and Guidance to Help
Transportation Act of 2010.
The Commerce, Science, and Transportation's Subcommittee on
Surface Transportation and Merchant Marine Infrastructure,
Safety, and Security held an oversight hearing on bus safety on
March 25, 2011, and held a hearing on proposals to reauthorize
FMCSA and its programs on July 21, 2011.
With some modifications, the provisions of S. 1950 were
enacted into law as Title II of Division C of the Moving Ahead
for Progress in the 21st Century Act of 2012 (126 Stat. 776),
which was signed into law on July 6, 2012.
Estimated Costs
In accordance with paragraph 11(a) of rule XXVI of the
Standing Rules of the Senate and section 403 of the
Congressional Budget Act of 1974, the Committee provides the
following cost estimate, prepared by the Congressional Budget
Office:
S. 1950--Commercial Motor Vehicle Safety Enhancement Act of 2011
Summary: S. 1950 would extend the authority for programs
administered by the Federal Motor Carrier Safety Administration
(FMCSA) within the Department of Transportation (DOT) and would
establish a DOT grant program to build infrastructure for the
transportation of freight goods. The bill would set the amount
of contract authority (the authority to incur obligations in
advance of appropriations, a mandatory form of budget
authority) for FMCSA programs at $562 million for 2012 and $564
million for 2013.
Consistent with the rules in the Balanced Budget and
Emergency Deficit Control Act for constructing the baseline,
CBO assumes that the budget authority provided by the bill for
2013, the last year of the authorization, would continue at the
same rate in each of the following years. CBO estimates that
enacting the bill would result in baseline contract authority
totaling $5.6 billion over the 2012-2022 period--an increase of
$127 million above the amounts of contract authority for motor
carrier safety programs currently projected in CBO's current
baseline for the 2012-2022 period.
CBO expects that most spending for the motor carrier safety
programs will continue to be controlled by limits on annual
obligations set in appropriation acts. Consequently, the
changes in contract authority would not increase mandatory
expenditures.
Enacting S. 1950 would affect revenues; therefore, pay-as-
you-go procedures apply. The bill would require FMCSA to charge
a fee for the use of a proposed new clearinghouse for drug and
alcohol information and to impose fees to cover the cost of
federal safety audits that would be performed for certain bus
operations. The bill also could result in the collection of
additional civil penalties because it would increase the
penalties that FMCSA could impose for violations of certain
regulations. CBO estimates that enacting the bill would
increase revenues by $56 million annually, beginning in 2013.
S. 1950 would not authorize an obligation limitation level
for the contract authority provided in the legislation.
However, for this estimate of discretionary spending, CBO
assumes that the obligation limitation for the affected
programs would equal the amount of contract authority provided.
The obligation limitation for 2012, which was enacted in the
Consolidated and Further Continuing Appropriations Act, 2012
(Public Law 112-55), was about $11 million less than the amount
assumed for S. 1950. The bill also would establish a grant
program within DOT to build infrastructure for the
transportation of freight goods. Assuming enactment of the
estimated obligation limitations for 2012 and 2013 and
appropriation of the amounts estimated to be necessary for the
grant program, CBO estimates that implementing the bill would
cost $920 million over the 2012-2017 period.
S. 1950 contains intergovernmental and private-sector
mandates, as defined in the Unfunded Mandates Reform Act
(UMRA), on driving schools and entities that employ drivers.
The bill would impose additional intergovernmental mandates by
preempting state, local, and tribal laws and regulations. CBO
estimates that the costs to comply with the intergovernmental
mandates would fall below the annual threshold for such
mandates ($73 million in 2012, adjusted annually for
inflation). The bill also would impose private-sector mandates
on owners and operators of commercial vehicles (including
motorcoaches), brokers for motor carriers, coordinators of
freight shipments, medical examiners, and others. Because of
uncertainty about the nature and scope of regulations to be
established under the bill, CBO cannot determine whether the
aggregate cost of the mandates in the bill would exceed the
annual threshold established in UMRA for private-sector
mandates ($146 million in 2012, adjusted annually for
inflation).
CBO has not reviewed section 706(a) of the bill for
intergovernmental or private-sector mandates. Section 4 of UMRA
excludes from the application of that act any legislative
provisions that enforce statutory rights that prohibit
discrimination. CBO has determined that the provisions of
section 706(a) fall within that exclusion because they involve
compliance with the Americans with Disabilities Act of 1990.
Estimated cost to the Federal Government: The estimated
budgetary impact of S. 1950 is shown in the following table.
The costs of this legislation fall within budget function 400
(transportation).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
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2012 2013 2014 2015 2016 2017 2012-2017
----------------------------------------------------------------------------------------------------------------
CHANGES IN DIRECT SPENDING
Budget Authoritya.............................. 11 13 13 13 13 13 76
Estimated Outlays.............................. 0 0 0 0 0 0 0
CHANGES IN REVENUES
Estimated Revenuesb............................ 0 56 56 56 56 56 280
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
FMCSA:
Estimated Obligation Limitationc........... 11 564 0 0 0 0 575
Estimated Outlays.......................... 5 255 250 18 13 6 547
Freight Grant Program:
Estimated Authorization Level.............. 200 200 0 0 0 0 400
Estimated Outlays.......................... 0 20 88 108 70 50 336
Other Authorized Programs:
Estimated Authorization Level.............. 8 8 7 7 7 0 37
Estimated Outlays.......................... 3 8 8 8 7 3 37
Total Changes:
Estimated Budgetary Resources.......... 219 772 7 7 7 0 1,012
Estimated Outlays...................... 8 283 346 134 90 59 920
----------------------------------------------------------------------------------------------------------------
Notes: FMCSA = Federal Motor Carrier Safety Administration.
aS. 1950 would provide about $5.6 billion in contract authority over the 2012-2022 period--$127 million more
than the amount projected in CBO's baseline.
bCBO estimates that enacting S. 1950 would raise $560 million in revenues over the 2012-2022 period.
cEstimated discretionary outlays reflect use of funds under the 2012 and 2013 obligation limitations estimated
by CBO. (Outlays stemming from additional contract authority shown in the table would be authorized in future
legislation that cover the period after 2013).
Basis of Estimate:
Direct spending
S. 1950 would provide budget authority (in the form of
contract authority) of $562 million in 2012 and $564 million in
2013 for programs administered by FMCSA, including grants to
increase the safety of motor carrier operations. The bill would
consolidate certain grant programs within FMCSA and expand the
available uses of that contract authority.
Additional uses would include providing grants to develop
certain data systems and establishing a clearinghouse to track
the results of tests performed on commercial vehicle drivers to
detect the use of controlled substances or alcohol.
Under current law, contract authority totaling $276 million
is available to FMCSA through March 31, 2012. Consistent with
the rules in the Balanced Budget and Emergency Deficit Control
Act for constructing its baseline, CBO assumes that funding
provided for the first six months of 2012 will continue at the
same rate through the rest of this year (for a total level of
$551 million in contract authority) and in each subsequent
year. Because of those baseline construction rules, CBO
estimates that enacting the bill would add $11 million ($562
million less $551 million) of contract authority to the
baseline in 2012 and $13 million ($564 million less $551
million) annually over the 2013-2022 period. That funding level
represents an increase of about $127 million above the total
amounts of contract authority for FMCSA programs currently
projected in CBO's baseline through 2022.
Spending subject to appropriation
Spending Subject to the Obligation Limitation. CBO expects
that the contract authority provided in the bill would be
controlled by limitations on obligations set in annual
appropriation acts. The bill does not authorize an obligation
limitation level, however, CBO's estimate of discretionary
spending under this legislation assumes that obligation
limitations equal to the contract authority provided in the
bill would be provided. (Historically, the Congress has set
obligation limitation for FMCSA programs at or near the level
of contract authority). For this estimate, CBO did not project
additional discretionary authority past fiscal year 2013, the
end of the authorization period covered by S. 1950. Because the
2012 obligation limitation has already been enacted, CBO's
estimate of the cost of this bill for 2012 is the difference
between that limit ($555 million) and the amount of contract
authority provided in S. 1950 ($562 million). We estimate that
the obligation limitation for 2013 would be $564 million. As a
result, CBO estimates that implementing those provisions of the
legislation would cost $547 million over the 2012-2017 period.
Freight Grant Program. Title XII would establish a grant
program that would be administered by a proposed new Office for
Freight Planning within DOT. Under current law, freight
projects are eligible to receive other competitive grants
administered by DOT. Based on the number of freight projects
that received grants through that program, CBO estimates that
the bill would make available $200 million per year for
projects to improve the infrastructure for freight
transportation. Assuming appropriation of the amounts estimated
to be necessary, CBO estimates that enacting this provision
would cost $336 million over the 2012-2017 period.
Other Authorized Programs. Title VII would require FMCSA
and the National Highway Traffic Safety Administration (NHTSA)
within DOT to establish new safety standards and regulations
for most interstate buses, complete research projects on the
safety of buses, and create a new training curriculum for
operators of interstate buses. Based on information from FMCSA
and NHTSA, CBO estimates that implementing those provisions
would cost $37 million over the 2012-2017 period, assuming
appropriation of the necessary amounts.
Revenues
CBO estimates that enacting S. 1950 would increase revenues
by $56 million annually, beginning in 2013. Those revenues
would come primarily from fees paid to use a proposed drug and
alcohol clearinghouse and from new fees on bus carriers.
Fees for Use of the Drug and Alcohol Clearinghouse. Title
IV would allow FMCSA to charge for the use of a drug and
alcohol clearinghouse administered by the agency. Potential
employers of motor carrier operators would be required to check
the status of drivers in the clearinghouse. Based on
information from the agency, CBO estimates that FMCSA would
charge fees totaling about $55 million per year, beginning in
2013.
Fees for New Bus Carriers. Title VIII would allow FMCSA to
charge certain new bus carriers a fee of $1,200 for safety
audits that must be completed before the company would be
allowed to operate. Under provisions of the bill, those amounts
would be deposited in the Highway Trust Fund. Based on
information from the agency, about 1,000 carriers apply
annually for operating permits. Thus, CBO estimates that
enacting the provision would increase revenues by $1 million
annually, beginning in 2013.
Other Civil Penalties. Enacting the bill could result in
the collection of additional civil penalties because it would
increase the amount that FMCSA could impose for violations of
certain regulations. However, CBO estimates that such
collections would likely be small, and the effect on revenues
would be insignificant.
Pay-As-You-Go Considerations: The Statutory Pay-As-You-Go
Act of 2010 establishes budget-reporting and enforcement
procedures for legislation affecting direct spending or
revenues. The net changes in revenues that are subject to those
pay-as-you-go procedures are shown in the following table.
CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR S. 1950, THE COMMERCIAL MOTOR VEHICLE SAFETY ENHANCEMENT ACT OF 2011, AS ORDERED REPORTED BY THE SENATE
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION ON DECEMBER 14, 2011
--------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-------------------------------------------------------------------------------------------------------------
2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2012-2017 2012-2022
--------------------------------------------------------------------------------------------------------------------------------------------------------
NET INCREASE OR DECREASE (-) IN THE DEFICIT
Statutory Pay-As-You-Go Impact............ 0 -56 -56 -56 -56 -56 -56 -56 -56 -56 -56 -280 -560
--------------------------------------------------------------------------------------------------------------------------------------------------------
Intergovernmental and private-sector impact: S. 1950
contains intergovernmental and private-sector mandates, as
defined in UMRA, on driving schools and entities that employ
drivers. The bill would impose additional intergovernmental
mandates by preempting state, local, and tribal laws and
regulations. CBO estimates that the costs to comply with the
intergovernmental mandates would fall below the annual
threshold for such mandates ($73 million in 2012, adjusted
annually for inflation). The bill also would impose private-
sector mandates on owners and operators of commercial vehicles
(including motorcoaches), brokers for motor carriers,
coordinators of freight shipments, medical examiners, and
others. Because of uncertainty about the nature and scope of
regulations to be established under the bill, CBO cannot
determine whether the aggregate cost of the mandates in the
bill would exceed the annual threshold established in UMRA for
private-sector mandates ($146 million in 2012, adjusted
annually for inflation).
CBO has not reviewed section 706(a) of the bill for
intergovernmental or private-sector mandates. Section 4 of UMRA
excludes from the application of that act any legislative
provisions that enforce statutory rights that prohibit
discrimination. CBO has determined that the provisions of
section 706(a) fall within that exclusion because they involve
compliance with the Americans with Disabilities Act of 1990.
Previous CBO estimate: CBO transmitted a cost estimate for
S. 453, the Motorcoach Enhanced Safety Act of 2011, as ordered
reported by the Senate Committee on Commerce, Science, and
Transportation on May 5, 2011. That bill contained a number of
provisions contained in title VII of S. 1950. CBO's cost
estimates of those similar provisions are the same for each
piece of legislation.
Estimate prepared by: Federal Costs: Sarah Puro; Impact on
State, Local, and Tribal Governments: Ryan Miller; Impact on
the Private Sector: Vi Nguyen.
Estimate approved by: Theresa Gullo; Deputy Assistant
Director for Budget Analysis.
Regulatory Impact Statement
In accordance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee on Commerce,
Science, and Transportation provides the following evaluation
of the regulatory impact of the legislation, as reported:
NUMBER OF PERSONS COVERED
S. 1950 is intended to improve CMV safety and to reauthorize
FMCSA. The bill affects FMCSA and other entities already
subject to FMCSA rules and regulations, and therefore the
number of persons covered should be consistent with the current
levels of individuals impacted under the provisions that are
addressed in the bill.
ECONOMIC IMPACT
The bill would authorize from the Highway Trust Fund (other
than the Mass Transit Account) $562.2 million in fiscal year
(FY) 2012 and $563.3 million in FY 2013 in appropriations for
FMCSA programs. These funding levels are a 1.1 percent year
over year increase above the FY 2011 authorized level and are
not expected to have an inflationary impact on the Nation's
economy.
PRIVACY
This bill would not have any adverse impact on the personal
privacy of individuals.
PAPERWORK
S. 1950 contains a number of provisions that could result in
a significant decrease in paperwork requirements for meeting
and administering motor carrier and motorcoach safety
regulations. Most notably, the requirement for the Secretary to
issue regulations that would require all interstate commercial
vehicles to be equipped with an EOBR device not later than 1
year after the date of enactment of this Act. DOT has estimated
that this mandate would result in $1.965 billion in annual
paperwork reduction, due to drivers no longer having to
manually complete paper logbooks, which is the current method
of tracking HOS. The paperwork burden related to HOS compliance
is second only to the burden of filing Federal taxes each year.
S. 1950 would also amend requirements for State participation
in the CDL program by adding a requirement to develop and
maintain the capacity to receive electronic copies of the
medical certificates prepared by certified medical examiners
for each holder of a CDL issued by that State who operates or
intends to operate in interstate commerce. When enacted, this
requirement would result in a significant paperwork reduction
from the current system of paper medical certificates. Beyond
the significant paperwork reductions that should result from S.
1950, any additional paperwork burdens from other provisions in
the Act would be minimal.
Congressionally Directed Spending
In compliance with paragraph 4(b) of rule XLIV of the
Standing Rules of the Senate, the Committee provides that no
provisions contained in the bill, as reported, meet the
definition of congressionally directed spending items under the
rule.
Section-by-Section Analysis
Section 1. Short title.
The short title of this bill is the Commercial Motor Vehicle
Safety Enhancement Act of 2011.
Section 2. Table of contents.
This section includes the table of contents for the bill.
Section 3. Definition.
This section would define all references to the ``Secretary''
as being to the Secretary of Transportation.
Section 4. References to title 49, United States Code.
This section would clarify that any reference to a section or
other provision in the bill is in reference to a section or
other provision of title 49, United States Code, unless
otherwise expressly provided.
TITLE I -- COMMERCIAL MOTOR VEHICLE REGISTRATION
Section 101. Registration of motor carriers.
This section would make conforming amendments to the general
registration requirements for CMVs under section 13902 of title
49, United States Code. This section would also include three
new requirements as a precondition for being registered: (1)
successfully completing a written proficiency examination to
demonstrate knowledge of commercial motor carrier safety
regulations; (2) submitting a management plan that documents
how the carrier will comply with CMV safety regulations; and
(3) disclosing any relationship involving common stock, common
ownership, common management, or common familial relationship
between that person and any other motor carrier, freight
forwarder, or broker, if the relationship occurred in the five-
year period preceding the date of the filing of the application
for registration. This section would make conforming amendments
to the general registration requirements for motor vehicles
under section 13902 of title 49, United States Code.
Section 102. Safety fitness of new operators.
This section would reduce the length of time from 18 months
to 12 months of a registrant completing registration for the
Secretary to conduct safety reviews. This section would also
require providers of motorcoach services to undergo a pre-
authorization safety audit within 90 days of registering, and
would require newly registered motorcoach companies to be
subject to monitoring for 12 months before acquiring permanent
authority.
Section 103. Reincarnated carriers.
This section would authorize the Secretary, after notice and
an opportunity for a proceeding, to withhold, suspend, amend,
or revoke a motor carrier's registration if the carrier failed
to disclose an adverse safety history or other facts relevant
to its past regulatory compliance. This section would provide
authority to take similar action where the Secretary finds that
within the previous 5 years the carrier: (1) was closely
related to another motor carrier with a poor compliance
history; or (2) is the successor to a carrier who, within the
five-year period prior to the filing of the application for
registration, did not comply with safety regulations. This
section would also make conforming changes.
Section 104. Financial responsibility requirements.
This section would require the Secretary to complete, not
later than 180 days after enactment of this Act, a
comprehensive review of the minimum financial responsibility
requirements for motor carriers, motorcoaches, freight
forwarders, and brokers. Within 180 days of the review, the
Secretary would initiate a rulemaking to increase the minimum
financial requirements, and would have the option of issuing a
final rule or, if a final rule is not appropriate, providing a
written explanation to Congress as to why the Secretary is not
issuing a final rule. This section would direct the Secretary
to review the appropriateness of the minimum levels of
financial responsibility every 2 years after enactment of this
Act.
Section 105. USDOT number registration requirement.
This section would require all motor carriers that operate
CMVs in interstate commerce to apply for a USDOT number before
beginning operations. This section would authorize the
Secretary to refuse or revoke a USDOT number to an applicant
that is unfit, unwilling, or unable to comply with the safety
regulations; or is a close affiliate or successor to such a
carrier. This section would require the Secretary to provide
notice and an opportunity for a proceeding if the Secretary
proposes to withhold registration for an applicant. This
provision would also authorize the Secretary to revoke or
suspend a USDOT number if the motor carrier fails or refuses to
submit to a new entrant safety audit. This section would
require employers or motor carriers to update their
registrations annually, as well as within 30 days of the change
of certain essential information. This section would make
conforming changes.
Section 106. Registration fee system.
This section would authorize FMCSA to increase, by
regulation, the registration fee currently authorized by
statute above the current statutory maximum of $300. The
current maximum of $300 is not sufficient to cover
administrative costs.
Section 107. Registration update.
This section would add new provisions to require motor
carriers, freight forwarders, and brokers to update their
registrations annually, as well as within 30 days of the change
of certain essential information. This section would not
require a rulemaking but would authorize the Secretary to
determine what periodic registration updates are necessary and
to publish that determination in the Federal Register or on a
DOT web site. The Committee is providing this authority to help
prevent motor carriers from reregistering as a different entity
in order to avoid civil penalties or out of service orders and
expects this authority to be exercised in a manner that meets
this purpose.
Section 108. Increased penalties for operating without registration.
This section would increase penalties for operating without
registration to help deter motor carriers seeking to avoid the
registration requirement. It would raise the minimum penalty
per day for general reporting and recordkeeping violations from
$500 to $1,000. This section would change the minimum penalty
for passenger carriers operating without registration to a
minimum penalty of $25,000. The same penalty amount would apply
to foreign carriers. The section would increase the fine for
operating without registration to $10,000 per violation. The
section would increase the minimum penalty for transporting
hazardous wastes without necessary registration to $25,000.
Section 109. Revocation of registration for imminent hazard.
This section would authorize the Secretary to revoke the
registration of any motor carrier determined to be an imminent
hazard.
Section 110. Revocation of registration and other penalties for failure
to respond to subpoena.
This section would increase the civil penalties for motor
carriers, motor carriers of migrant workers, and private motor
carriers that disobey a subpoena or requirement of the
Secretary to produce witnesses or records. It would also
authorize the Secretary to suspend, amend, or revoke the
registration of a motor carrier, broker, or freight forwarder
for failing to obey an administrative subpoena.
Section 111. Fleetwide out of service order for operating without
required registration.
This section would authorize the Secretary to place out of
service the operations of a motor carrier discovered operating
vehicles without the required registration, or operating beyond
the scope of the registration granted.
Section 112. Motor carrier and officer patterns of safety violations.
This section would authorize the Secretary to withhold,
suspend, amend, or revoke the registration of a motor carrier,
employer, or owner or operator if the Secretary determines that
two or more motor carriers, employers, or owners use common
ownership, management, and control or a common familial
relationship to enable them to avoid compliance or mask non-
compliance; or a company had engaged in a pattern or practice
of avoiding compliance or concealing or masking noncompliance
within the preceding 60 months.
This section also would authorize the Secretary to take steps
against those who exercised controlling influence over the
operations of the motor carrier, employer, or owner or
operator. The Secretary would be required to demonstrate that
an officer of a motor carrier, an employer, or an owner or
operator engaged in a pattern of violating regulations on CMV
safety or has assisted a motor carrier, an employer, or an
owner in avoiding compliance. These sanctions would consist of
temporary or permanent suspension of any individual
registration and a temporary bar on association with any
registered motor carrier.
Section 113. Federal successor standard.
This section would authorize the Secretary to take
enforcement and other action against successor companies of
motor carriers, employers, and owners or operators where the
Secretary determined that these motor carriers, employers, and
owners or operators are acting unscrupulously to avoid Federal
penalties and out of service orders. This section would codify
a uniform Federal standard of factors and principles that have
been articulated in judicial and administrative rulings on
corporate successorship. Those factors and principles include
consideration paid for assets purchased or transferred; dates
of corporate creation and dissolution or termination of
operations; commonality of ownership between the current and
former company; commonality of officers and management
personnel and their functions; identity of physical or mailing
addresses, telephone numbers, fax numbers or e-mail addresses;
identity of motor vehicle equipment; continuity of liability
insurance policies; commonality of drivers and other employees;
continuation of carrier facilities and other physical assets;
continuity of nature and scope of operations, including
customers for whom transportation is provided; advertising,
corporate name, or other acts through which the company holds
itself out to the public; and history of safety violations and
pending orders or enforcement actions.
TITLE II -- ENHANCED COMMERCIAL MOTOR VEHICLE SAFETY
Section 201. Repeal of commercial jurisdiction exception for brokers of
motor carriers of passengers.
This section would provide the Secretary with jurisdiction
over brokers for motor carriers of passengers.
Section 202. Bus rentals and definition of employer.
This section would close a loophole in the Secretary's
jurisdiction over certain small bus operations by broadening
the definition of ``employer'' to include companies that rent
or lease vehicles if from the same location or as part of the
same business, the company provides names or contact
information of drivers, or holds itself out to the public as a
charter bus company. This section would not apply to government
drivers.
Section 203. Crashworthiness standards.
This section would direct the Secretary to complete not later
than 18 months after enactment of this Act a comprehensive
analysis on the need for crashworthiness standards on CMVs with
a gross vehicle weight rating or gross vehicle weight of at
least 26,001 pounds. This analysis would include an evaluation
of the need for roof strength, pillar strength, air bags, and
frontal and back wall standards for CMVs.
Section 204. Canadian safety rating reciprocity.
This section would authorize the Secretary to recognize a
Canadian government-issued out of service order for a Canadian
motor carrier, owner, or operator operating in the United
States. This section would also authorize the Secretary to
enter into future consultations and negotiations with an
authorized Canadian regulatory agency to establish reciprocal
recognition of each agency's motor carrier safety fitness
rating determinations.
Section 205. State reporting of foreign driver convictions.
This section would require States to report convictions of
Mexican and Canadian drivers to the Secretary.
Section 206. Authority to disqualify foreign commercial drivers.
This section would clarify that the Secretary has the
authority to disqualify a driver licensed to operate a CMV by a
jurisdiction outside of the United States. This would clarify
the Secretary's authority to revoke or suspend a foreign
driver's license for committing a disqualifying offense when
the licensing jurisdiction fails to take action.
Section 207. Revocation of foreign motor carrier operating authority
for failure to pay civil penalties.
This section would authorize the Secretary to suspend, amend,
or revoke the operating authority of foreign carriers for
regulatory noncompliance or failure to pay a civil penalty.
TITLE III -- DRIVER SAFETY
Section 301. Electronic on-board recording devices.
This section would require the Secretary to issue regulations
that would require all interstate commercial vehicles to be
equipped with an EOBR device not later than 1 year after the
date of enactment of this Act. This section would establish
performance and design standards for EOBRs, including requiring
that the EOBR be integrally-connected to the vehicle's engine,
be tamper resistant, and be accessible to law enforcement
during roadside inspections.
Section 302. Safety fitness.
This section would require the Secretary to incorporate into
the CSA program a safety fitness rating methodology that
assigns sufficient weight to adverse vehicle and driver
performance based-data that elevate crash risks to warrant an
unsatisfactory rating for a carrier and ensures that the data
to support such assessments is accurate. This section would
also direct the Secretary, not later than March 31, 2011, to
take interim measures to implement a similar safety fitness
rating methodology in its current safety rating system if the
CSA program is not fully implemented.
Section 303. Driver medical qualifications.
This section would direct the Secretary to establish the
national registry of medical examiners not later than 1 year
after the date of enactment of this Act. It would also provide
additional qualifications for a medical examiner to be listed
on the national registry of medical examiners. This section
would also provide for new oversight policies for the
submission of physical examinations and medical certificates
and the processing of the submissions by State licensing
agencies. This section would amend the requirements for State
participation in the CDL program by adding a requirement to
develop and maintain the capacity to receive electronic copies
of the medical certificates prepared by certified medical
examiners for each holder of a CDL issued by that State who
operates or intends to operate in interstate commerce. This
section would make available up to $1,000,000 in each of FY
2012 and FY 2013 from the funds provided in the Data and
Technology grants to help the States pay for the information
technology improvements needed to receive medical examiners'
reports. The Committee expects the Secretary will be aggressive
in implementing the medical requirements of this section.
Section 304. Commercial driver's license notification system.
This section would require motor carriers to inquire annually
to ascertain the driving status of each driver it employs, and
receive occurrence-based reports of changes in the status of a
driver's record. This section would also direct the Secretary
to issue minimum standards for driver notification systems,
including standards for accuracy, consistency, and completeness
of the information provided. This section would direct the
Secretary to complete, within 2 years after enactment of this
Act, recommendations and a plan for the development and
implementation of a national driver notification system, and
submit those recommendations and plan to the Committee on
Commerce, Science, and Transportation of the Senate, and the
Transportation and Infrastructure Committee of the House of
Representatives.
Section 305. Commercial motor vehicle operator training.
This section would require the Secretary to issue regulations
to establish minimum entry-level training requirements for all
CMV operators within 6 months of enactment of this Act. This
section would require training programs address knowledge and
skills for motor vehicle operation, provide specific
requirements for hazardous materials endorsements, provide
effective instruction, create a certificate system for meeting
requirements, and require training providers to demonstrate
that their training meets Federal standards. This section would
establish national uniform standards for CDLs and require
individuals to pass written and driving tests and present
certification of driver training.
Section 306. Commercial driver's license program.
The section would require each State to submit a plan to the
Secretary specifying a date by which all States shall operate
CDL information systems that are compatible with the modernized
information system and able to receive and submit conviction
and disqualification data. This section would also mandate that
each State implement, not later than 1 year after enactment of
the Act, a system and practices for the exclusive electronic
exchange of driver history record information, including
postings, convictions, withdrawals, and disqualifications. This
section would require the Secretary to issue guidance to assist
States in complying with requirements that are critical to an
effective State CDL program, and require each State to submit a
plan of action to comply with the critical requirements by
2015.
Section 307. Commercial driver's license requirements.
This section would prohibit States from issuing CDLs to
individuals who would immediately be disqualified from
operating a CMV upon the issuance of the license. This section
would clarify that an individual may be subject to
disqualification by removing the requirement that the driver
hold a CDL at the time a disqualifying offense is committed.
Section 308. Commercial motor vehicle driver information systems.
This section would condition the award of grant money upon a
State's agreement to provide the Secretary electronic access to
all State licensing status and driver history records.
Section 309. Disqualifications based on non-commercial motor vehicle
operations.
This section would require the Secretary to disqualify an
individual from operating a CMV if the individual is discovered
operating a CMV after the individual's CDL has been revoked,
suspended, or canceled. In addition, this section would require
the Secretary to disqualify an individual if the individual is
discovered operating a CMV after being disqualified based upon
an offense committed while the individual was operating a non-
CMV.
Section 310. Federal driver disqualifications.
This section would define the term ``disqualification'' as it
relates to CDL enforcement, by connecting it to State or
Federal determinations of fitness to drive. In addition, this
section would require all disqualifications by a State to be
reported to Federal authorities, and qualify the instances when
States must impose disqualifications.
Section 311. Employer Responsibilities.
This section would make a motor carrier liable if the carrier
allows an employee to operate a CMV when the employee has a CDL
that is suspended, revoked, or canceled, or if the employee has
more than one driver's license.
TITLE IV -- SAFE ROADS ACT OF 2011
Section 401. Short title.
The short title for this title is the Safe Roads Act of 2011.
Section 402. National clearinghouse for controlled substance and
alcohol test results of CMV operators.
This section would direct the Secretary to establish a
national repository for records relating to alcohol and
controlled substances testing of CMV operations. This section
would allow a qualified and experienced private operator to
operate and maintain the clearinghouse.
This section would clarify that clearinghouse records only be
used to determine the qualifications of an individual for
operating a CMV. The section would establish safeguards to
protect the privacy of individuals to whom the information
pertains and ensure that the information is not divulged to
anyone not directly involved in evaluating the individual's
qualifications to drive a CMV.
This section would provide that the Secretary may prohibit an
employer from hiring a driver unless the Secretary has
determined that during the preceding 3 years the driver did not
test positive in violation of the regulations under title 49 of
the Code of Federal Regulations, and did not refuse a test
under those regulations. If a driver did test positive in
violation of the regulations, an employer would only be able to
hire the driver if the driver completed the return-to-duty
process as required by those regulations.
This section would grant preemption authority to the
Secretary in regard to the reporting of valid positive results
or refusals to take alcohol screening and drug tests. This
section would apply civil penalties to any violators of
privacy. In addition, those who do not meet reporting
requirements are subject to civil and criminal penalties.
Section 403. Drug and alcohol violation sanctions.
This section would allow the Secretary to require that States
revoke, suspend, or cancel the license of an operator who has
been found to have used alcohol or a controlled substance. In
addition, the Secretary may permanently disqualify an
individual from operating a commercial vehicle if an individual
has used the vehicle to commit felonies or has used alcohol or
a controlled substance three or more times.
Section 404. Authorization of appropriations.
This section would authorize up to $5,000,000 to establish
and implement the clearinghouse.
TITLE V -- ENFORCEMENT
Section 501. Inspection demand and display of credentials.
This section would clarify the Secretary's authority to make
a demand in writing to inspect a motor carrier or broker's
land, buildings, equipment, and records. This would authorize
representatives and contractors of FMCSA to display credentials
and issue demands for records remotely, without requiring
travel to the motor carrier's business location or otherwise
meeting the motor carrier in person.
This section would authorize the Secretary to adopt, by
rulemaking, measures to place out of service, on a fleetwide
basis, CMVs of foreign-domiciled motor carriers that fail or
refuse to allow promptly the Secretary to inspect and copy any
record or inspect and examine equipment, lands, buildings, and
other property.
This section would clarify that the civil penalty for failing
to allow promptly, upon demand, inspection and copying by the
Secretary applies regardless of whether the demand is made in
person or in writing.
Section 502. Out of service penalty for denial of access to records.
This section would allow the Secretary to place a motor
carrier out of service for failure to provide access to the
motor carrier's records in a timely manner.
Section 503. Penalties for violation of operation out of service
orders.
This section would increase the maximum penalty against a
motor carrier for the serious safety violation of continuing to
operate following a determination of unfitness to $25,000, and
apply the fine to both individuals and motor carriers. This
section would raise from $16,000 to $25,000 the penalty for
violation of both hazardous materials and non-hazardous
materials imminent hazard out of service orders.
Section 504. Minimum prohibition on operation for unfit carriers.
This section would prohibit carriers from operating for at
least 10 days if the Secretary determines that a carrier failed
to meet the safety fitness standard.
Section 505. Minimum out of service penalties.
This section would authorize the Secretary to establish by
regulation minimum out of service periods as penalties. Such
out of service penalties may not exceed 90 days in duration.
Section 506. Impoundment and immobilization of CMVs for imminent
hazard.
This section would authorize the Secretary and certain State
grantee officials to enforce imminent hazard out of service
orders by taking temporary possession and control of a CMV
subject to such order through towing and impounding. The
Secretary or authorized State official may also place a
``boot'' or other locking device on the vehicle.
This section would require that an affected carrier be given
the opportunity to access the cargo and to make alternative
arrangements for its transportation. This section would require
the Secretary to promulgate regulations on the use of
impoundment as a way of enforcing additional out of service
orders. This section would also define ``impounding.''
Section 507. Increased penalties for evasion of regulations.
This section would increase penalties for intentional evasion
of FMCSA safety and commercial regulations. This section would
expand the scope of the penalty to apply to evasion of the
Hazardous Materials Regulation and statutes.
Section 508. Failure to pay civil penalty as a disqualifying offense.
This section would authorize the Secretary to disqualify an
individual, after that individual has been notified in writing
and given an opportunity to respond, from operating a CMV when
that individual has not paid a civil penalty previously
assessed by the Secretary. This section would also impose a
similar disqualification for drivers of vehicles between 10,001
and 26,000 pounds who do not hold CDLs.
Section 509. Violations relating to CMV safety regulation and
operators.
This section would instruct the Secretary to issue monetary
fines without regard to the motor carrier's ability to pay.
Section 510. Emergency disqualification for imminent hazard.
This section would provide the Secretary with the authority
to disqualify any driver whose continued operation of a CMV
substantially increases the likelihood of death, serious injury
or illness, or a substantial endangerment to health, property,
or the environment.
Section 511. Intrastate operations of interstate motor carriers.
This section would clarify that a vehicle, a driver, or an
employer prohibited from operating in interstate commerce
because the vehicle, driver, or employer poses an imminent
hazard to safety is also prohibited from operating a CMV in
intrastate commerce. This section would also clarify that an
owner or operator prohibited from operating in interstate
commerce because of a failure to pay a civil penalty is also
prohibited from operating a CMV in intrastate commerce.
Section 512. Enforcement of safety laws and regulations.
This section would clarify the Secretary's authority to bring
civil actions to enforce the laws and regulations on safe
operation of CMVs in interstate commerce, without geographical
limitations.
Section 513. Disclosure to State and local law enforcement agencies.
This section would permit the disclosure of information from
the Secretary to appropriate personnel of a State agency
authorized to carry out commercial vehicle inspections.
TITLE VI -- COMPLIANCE, SAFETY, ACCOUNTABILITY
Section 601. Comprehensive, Safety, Accountability.
This section would amend section 31102 of title 49, United
States Code, to establish the CSA program, which would be an
umbrella grant program consisting of current CMV safety
enforcement. This umbrella grant program would preserve the
fundamentals of the Motor Carrier Safety Assistance Program
(MCSAP), the New Entrant Grant Program, and the Border
Enforcement grant program. The section would also authorize the
Secretary to use High Priority grants to assist States, local
agencies, and other entities to improve household goods
enforcement activities; assist local governments' enforcement
of requirements related to CMV and passenger vehicle safety;
and improve hazardous materials safety and security for CMV
transportation. The High Priority grant program would also be
modified to provide financial assistance for the safety data
improvement program.
This section would amend MCSAP to allow each State to inspect
vehicles transporting passengers at a location that has
adequate food, shelter, and sanitation facilities for
passengers during the inspection and subsequent required
repairs. The current statutory exemption of motorcoaches from
routine en route inspections reduces opportunities to discover
safety violations, and the Committee is concerned that this
exemption has prevented appropriate safety oversight over
certain curbside and unscheduled carriers that have fewer
locations where unscheduled inspections can be conducted
compared with motorcoach carriers that use terminals. The
Committee understands that a carrier's safety performance
cannot be assessed without inspections and that adequate
inspection data is critical for the CSA program to properly
evaluate a carrier's safety performance. The Committee expects
this authority to be wielded in a manner that respects the
business needs of the carrier while providing an opportunity to
collect inspection data where appropriate.
This section would also amend the requirement that States
maintain expenditures for CMV enforcement programs at a level
at least equal to the average level of that expenditure for FY
2004 and FY 2005. This section would also authorize the
Secretary to waive the maintenance of effort requirements for a
fiscal year due to exceptional or uncontrollable circumstances,
such as a major natural disaster or a significant shortfall in
the budgetary resources of the State MCSAP agency.
This section would retain the 100 percent Federal share for
the New Entrant Grant Program but would reduce the Federal
share for the Border Enforcement grant program from the current
100 percent to at least 80 percent. The remaining CSA grant
programs would require the Secretary to reimburse the States
for at least 80 percent of the costs incurred for the programs.
Section 602. Performance and registration information systems
management program.
This section would require the Secretary to establish and
implement a process to cancel the motor vehicle registration
and seize the registration plates of a company found to have
knowingly allowed an employee to operate a vehicle in violation
of an out of service notice. The Secretary would also be
required to establish a process to reinstate plates after
seizure.
Section 603. Commercial motor vehicle defined.
This section would amend the definition of ``commercial motor
vehicle'' in section 31101(1) of title 49, United States Code,
for consistency purposes. The definition would be revised to
include all vehicles subject to the Secretary's safety
jurisdiction. The current definition excludes a large number of
passenger carriers otherwise subject to the Secretary's safety
and commercial jurisdiction. The revised definition would be
substantially the same as the definition in section 31132(1) of
title 49, United States Code.
Section 604. Driver safety fitness ratings.
This section would require the Secretary to determine the
safety fitness of CMV drivers, based upon an assigned rating,
and to prohibit unfit drivers from operating in interstate
commerce. This section would require that the procedure to
determine the safety fitness of a CMV driver use specific
requirements, methodology, and time frames for evaluation.
Finally, this section would require the Secretary to develop
probationary periods for drivers, a review period of a driver's
compliance, and criteria for reinstatement for drivers.
Section 605. Uniform electronic clearance for CMV inspections.
This section would authorize the Secretary to withhold a
portion of a State's MCSAP funds for using an electronic CMV
inspection selection system that does not employ the Inspection
Selection System that is in effect on the date of enactment of
this Act. The section would permit the Secretary to award
withheld grant funds if a State subsequently comes into
substantial compliance with the electronic CMV inspection
selection system methodology requirement.
Section 606. Authorization of appropriations.
This section would authorize funding for three umbrella grant
programs: the CSA grant program, the safety data and technology
grant program, and the driver safety grant program. This
section would authorize $249,717,000 for FY 2012 for the CSA
grant programs, with $168,388,000 of that amount allocated for
MCSAP, and $253,814,000 authorized for CSA grants in FY 2013,
with $171,813,000 of that amount allocated for MCSAP. The
Secretary would develop criteria to allocate the remaining
amounts among the remaining three grant programs under the CSA
grant program. This section would also authorize $30 million
for the Data and Technology grant program (authorized under
section 608 of the bill) for both FY 2012 and FY 2013. This
section would authorize $31 million for the Driver Safety grant
program (authorized under section 609 of the bill) for both FY
2012 and FY 2013.
This section would increase the time available for obligation
of the safety data and technology grants from 1 year to 3
years. It would increase the time available for obligation for
driver safety grant program from 1 year to 2 years.
Section 607. High risk carrier reviews.
This section would update and codify a SAFETEA-LU provision
requiring the Secretary to review motor carriers that are among
the highest risk carriers for 2 consecutive months.
Section 608. Data and technology grants.
This section would establish the Data and Technology grant
program, which would consolidate the Performance Registration
and Information System Management (PRISM) grant program and the
Commercial Vehicle Information Systems and Networks (CVISN)
grant program. This section would also authorize the Secretary
to provide financial assistance to a State for innovative
technologies that improve CMV safety. The Federal share for
this program would be at least 80 percent. The section would
eliminate the statutory caps on amounts to be awarded States
for activities under the CVISN grant program. It also would
raise the Federal share from 50 percent to 80 percent.
Section 609. Driver safety grants.
This section would consolidate into a new Driver Safety grant
program the following grant programs: the Commercial Driver's
License Program Improvement (CDLPI) grant program; High
Priority Activities grants; and the CMV Safety Operator grant
program. It also would expand the program goals to permit the
Secretary to award financial assistance to the States for an
electronic notification system and CDL coordinators. This
section would permit the Secretary to award financial
assistance for electronic notification systems that would
notify employers of a CMV operator in the event of a suspension
or revocation of the operator's CDL.
Section 610. Commercial vehicle information systems and networks.
This section would direct the Secretary to submit a report
not later than 6 months after the enactment of this Act to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives that would establish time
frames and milestones for resuming the CVISN program and a
strategic workforce plan to improve grant management.
TITLE VII -- MOTORCOACH ENHANCED SAFETY ACT OF 2011
Section 701. Short title.
This section would establish that the name of this title is
the Motorcoach Enhanced Safety Act of 2011.
Section 702. Definitions.
This section includes definitions for this title.
Section 703. Regulations for improved occupant protection, passenger
evacuation, and crash avoidance.
This section would require that the Secretary, not later than
1 year after enactment, prescribe regulations requiring the
installation of safety belts in motorcoaches at each designated
seating position.
This section would also require the Secretary to prescribe
regulations within 2 years requiring the following: improved
roof standards for motorcoaches that improve the resistance of
motorcoach roofs to deformation and intrusion; advanced glazing
to be installed in each motorcoach portal to prevent ejection
of passengers; and the equipage of motorcoaches with stability
enhancing technology to reduce the number and frequency of
rollover crashes among motorcoaches.
The section would require the Secretary to prescribe
regulations within 3 years requiring motorcoaches to be
equipped with direct tire pressure monitoring systems that warn
the operator of a CMV when any tire exhibits a level of air
pressure that is below a specified level of air pressure
established by the Secretary.
Regulations prescribed under this section would apply to all
motorcoaches manufactured more than 2 years after the date on
which the regulation is published as a final rule. The section
would allow the Secretary to require the retrofitting of
existing motorcoaches based on an assessment of the
feasibility, benefits, and costs of applying a regulation to
them.
Section 704. Standards for improved fire safety.
This section would require the Secretary, not later than 18
months after enactment, to initiate rulemaking proceedings on:
establishing requirements for fire hardening or fire resistance
of motorcoach exterior components to prevent fire and smoke
inhalation injuries to occupants; reviewing of Federal motor
vehicle safety standards relating to flammability of interior
materials; requiring technologies to prevent and mitigate the
propagation of wheel well fires and reduce occupant deaths and
injuries from such fires; requiring motorcoaches to be equipped
with highly effective fire suppression systems that
automatically respond to and suppress fires in motorcoaches;
requiring motorcoaches to be equipped with improved energy
evacuation designs and emergency interior lighting systems; and
examining the principle causes of motorcoach fires and vehicle
design changes intended to reduce the number of motorcoach
fires resulting from those principle causes.
Not later than 42 months after enactment of this Act, the
Secretary would be required to issue final rules in the above
rulemakings, or report to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on Energy
and Commerce of the House of Representatives as to why such new
standards are not warranted.
Not later than 3 years after enactment, the Secretary would
be required to issue a final rule to upgrade performance
standards, or report to the appropriate congressional
Committees as to why such standards are not warranted.
Section 705. Occupant protection, collision avoidance, fire causation,
and fire extinguisher research and testing.
This section would require the Secretary, not later than 2
years after enactment, to complete research on: the need to
install improved fire extinguishers or other readily available
firefighting equipment in motorcoaches; enhanced
compartmentalization safety countermeasures for motorcoaches,
including enhanced seating designs, to reduce the risk of
passengers being thrown from seats; enhanced occupant impact
protection standards; and forward and lateral crash warning
systems applications for motorcoaches.
Within 2 years of the completion of each research initiative,
the Secretary would be required to issue a standard or
regulation based on the results of that research if the
Secretary determines that such a standards is warranted.
Section 706. Motorcoach registration.
This section would amend the motorcoach registration
requirements under section 13902 of title 49, United States
Code, to allow the Secretary to only register a motorcoach
operator after that operator undergoes a pre-authorization
safety audit that includes verification of: a drug and alcohol
program; the operator's system of compliance with HOS rules;
the ability to obtain required insurance; the driver
qualifications, including the validity of each driver's CDL;
the disclosure of common ownership or other relationship with
another motor carrier or applicant over the past 5 years; the
records of State inspections or Commercial Vehicle Safety
Alliance Inspections for all vehicles; the safety management
programs, including vehicle maintenance and repair programs;
and the ability to comply with the Americans with Disabilities
Act of 1990 (42 U.S.C. 12101 et seq.) and the Over-The-Road Bus
Transportation Accessibility Act of 2007 (122 Stat. 2915). The
pre-authorization safety audit would be required to be
completed on-site not later than 90 days following the
submission of an application for operating authority. This
section would also require the applicant to complete an
interview to review safety management controls and demonstrate
proficiency in Federal safety rules and regulations through the
successful completion of a written examination developed by the
Secretary. The section contains a provision that would require
the Secretary to perform a safety audit of a motorcoach
operator within 9 months of when the operator begins
operations.
Section 707. Improved oversight of motorcoach service providers.
This section would require that the Secretary, not later than
3 years after enactment, determine the safety fitness of each
provider of motorcoach services registered with FMCSA and
assign a safety fitness rating to each such provider. The
Secretary would be required to reassess each such rating less
frequently than every 3 years.
The section would require the Secretary, not later than 1
year after enactment, to revise the safety fitness audit system
of DOT to prevent motor carriers from operating if they put
vehicles with mechanical problems on the road or unqualified
drivers behind the wheels, as recommended by the NTSB
recommendation H-99-6.
Section 708. Report on feasibility, benefits, and costs of establishing
a system of certification of training programs.
This section would require the Secretary to submit a report
describing 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.
Section 709. Report on driver's license requirements for 9- to 15-
passenger vans.
Not later than 18 months after enactment, the Secretary would
be required to submit a report to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Energy and Commerce of the House of Representatives that
examines requiring a driver of a 9-15 passenger van operating
in interstate commerce to have a CDL passenger-carrying
endorsement and be tested in accordance with a drug and alcohol
testing program under part 40 of title 49, Code of Federal
Regulations.
Section 710. Event data recorders.
This section would require the Secretary to complete an
evaluation of event data recorders to be used on motorcoaches.
The bill would require the Secretary to issue standards and
regulations not later than 2 years after finishing the
evaluation.
Section 711. Safety inspection program for CMVs of passengers.
This section would require the Secretary, not later than 3
years after enactment, to complete a rulemaking proceeding to
consider requiring States to conduct annual inspections of CMVs
designed or used to transport passengers.
Section 712. Distracted driving.
This section would require the Secretary, not later than 1
year after enactment of this Act, to prescribe regulations that
would prohibit the use of electronic or wireless devices by
motorcoach operators in circumstances in which the Secretary
determines that the use of such devices interferes with a
driver's safe operation of a motorcoach. Use of such devices
would be permitted if the Secretary determines that such use is
necessary for safety reasons.
Section 713. Regulations.
This section would state that any standard or regulation
prescribed in this section shall be prescribed according to the
rulemaking process established in section 553 of title 5,
United States Code.
TITLE VIII -- SAFE HIGHWAYS AND INFRASTRUCTURE PRESERVATION
Section 801. Comprehensive truck size and weight limits study.
This section would require the Secretary to commence a
comprehensive study on truck size and weight limit not later
than 90 days after enactment. The final report would be due not
later than 2 years after the report commencing. The report
would examine the safety performance and infrastructure impacts
of allowing trucks that exceed the Federal truck size and
weight limits to operate on the National Highway System
Section 802. Compilation of existing State truck size and weight laws.
This section would require the Secretary to compile a list of
laws and decisions by a State to allow a segment of the
National Highway System to accommodate trucks that operate in
excess of the Federal truck size and weight limits.
TITLE IX -- MISCELLANEOUS
Section 901. Detention time study.
This section would direct the Secretary, not later than 30
days after the date of enactment of this Act, to task the Motor
Carrier Safety Advisory Committee (MCSAC) to study the extent
to which detention time contributes to drivers violating HOS
requirements and driver fatigue. This section would direct
MCSAC to examine data collected from driver and vehicle
inspections, and consult with CMV companies and drivers,
shippers, and representatives of ports and other facilities
where goods are loaded and unloaded, government officials, and
other appropriate parties in conducting the study, and provide
recommendations to the Secretary for addressing issues
identified in the study. This section would direct the
Secretary to provide 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 on the results of the study and any
recommendations to address these results.
Section 902. Prohibition of coercion.
This section would prohibit motor carriers, shippers,
receivers, and transportation intermediaries from coercing a
driver to violate FMCSA safety regulations.
Section 903. Motor carrier safety advisory committee.
This section would specifically provide for the appointment
of one or more individuals who represent a nonprofit employee
labor group on MCSAC. In addition, the section would extend the
duration of MCSAC until September 30, 2013.
Section 904. Waivers, exemptions, and pilot programs.
This section would correct an anomaly in FMCSA's authority to
grant exceptions during emergencies by removing the requirement
that the Secretary first provide notice and seek comment before
granting an emergency waiver. This section would authorize the
Secretary to publish medical exemption notices for a CMV
operator on FMCSA's MedEx web site. This section would also
require the Secretary to notify a State compliance and
enforcement agency of a new exemption. This section would
require the Secretary to ensure that FMCSA's homepage includes
a clear and easily accessible link to the web site established
to implement the requirements under this section.
Section 905. Transportation of horses.
This section would prohibit the transportation of horses in
interstate commerce in a motor vehicle containing two or more
levels stacked on top of one another. This section would also
establish a civil penalty for any person that knowingly
violates this section of at least $100 but not more than $500
for each violation.
TITLE X -- HOUSEHOLD GOODS TRANSPORTATION
Section 1001. Additional registration requirements for household goods
motor carriers.
This section would require an applicant seeking to register
as a household goods motor carrier to successfully pass an
examination established by the Secretary to demonstrate
knowledge and intent to comply with all applicable Federal laws
relating to consumer protection. In addition, this section
would require the Secretary to conduct a consumer protection
standards review within the first 18 months after a household
goods motor carrier begins operation. This registration
requirement is in addition to the requirements under section
101 of this Act.
Section 1002. Failure to give up possession of household goods.
This section would allow the Secretary to assign all or a
portion of the penalties it receives to an aggrieved shipper.
This section would provide the Secretary with explicit
statutory authority to order the return of goods held hostage.
Such an order would be enforceable in Federal court.
Section 1003. Settlement authority.
This section would authorize the Secretary to structure
settlements of civil penalties by accepting lesser amounts of
money, suspension of penalties, payment of penalties over time,
or investment in training or other activities or equipment to
improve regulatory compliance.
Section 1004. Household goods transportation assistance program.
This section would direct the Secretary to develop and
implement a joint program between DOT and the household goods
motor carrier industry to assist consumers in need of
assistance with an interstate household goods hostage
situation. This section would require the Secretary to issue an
annual report on the joint program.
Section 1005. Household goods consumer education program.
This section would direct the Secretary to establish a task
force to develop recommendations so that consumers are informed
of Federal laws concerning household goods transportation by
motor carrier, including recommendations to condense FMCSA's
publication, ``Your Rights and Responsibilities When You Move''
into a format that is more easily accessible for consumers and
on using other educational tools to inform the public of its
rights in dealing with household goods motor carriers.
TITLE XI -- TECHNICAL AMENDMENTS
Section 1101. Update of obsolete text.
This section would amend various provisions in chapters 311
and 313 of title 49, United States Code, and one provision in
SAFETEA-LU by deleting obsolete directions for the Secretary to
promulgate regulations by specifically designated dates or
within specified time frames. These requirements to promulgate
regulations or standards by specified deadlines have each been
satisfied.
Section 1102. Correction of interstate commerce commission references.
This section would amend provisions of title 49, United
States Code that currently refer to the former Interstate
Commerce Commission and revise these provisions to refer to the
successor Surface Transportation Board. This section would also
update the statute to reflect DOT's licensing responsibilities.
This section would also correct two cross-references.
Section 1103. Technical and conforming amendments.
This section would amend sections 14504a, 24305, 31103, and
31309 of title 49, United States Code to correct grammatical
errors and statutory cross references.
TITLE XII -- SURFACE TRANSPORTATION AND FREIGHT POLICY ACT OF 2011
Sec. 1201. Short title.
This section would establish the name of this title as the
Surface Transportation and Freight Policy Act of 2011.
Section 1202. Establishment of a national surface transportation and
freight policy.
This section would establish a comprehensive national surface
transportation system policy that it is the policy of the
United States to develop a comprehensive national surface
transportation system that advances the national interest and
defense, interstate and foreign commerce, the efficient and
safe interstate mobility of people and goods, and the
protection of the environment. The Secretary would be
responsible for carrying out this policy. This section would
state the objectives and goals of this policy.
This section would establish a national freight
transportation policy to improve the efficiency, operation, and
security of the national transportation system to move freight
by leveraging investments and promoting partnerships that
advance interstate and foreign commerce; promote economic
competitiveness and job creation; improve the safe and
efficient mobility of goods; and protect the public health and
the environment. This section would establish objectives and
goals of the freight policy.
Section 1203. Surface transportation and freight strategic plan.
This section also would direct the Secretary to implement a
long-term National Surface Transportation and Freight
Performance Plan that would be developed by the Secretary to
achieve the policy, objectives, and goals of the surface
transportation and freight policies, and would include certain
evaluations to be included in the Plan.
Section 1204. Transportation investment data and planning tools.
This section would direct the Secretary, not later than 2
years after the date of enactment of this Act, to develop tools
to support an outcome-oriented, performance-based approach to
evaluate proposed freight-related and other transportation
projects. This section would direct the Secretary to facilitate
the collection of transportation-related data to support a
broad range of evaluation methods and techniques to assist in
transportation investment decisions.
This section would direct the Secretary to establish a pilot
program to assist in the development of tools to support an
outcome-oriented, performance-based approach to evaluate
proposed freight-related and other transportation projects.
This section would also direct the Secretary to conduct case
studies to provide more detailed, in-depth analysis and data
collection with respect to transportation programs; and to
apply rigorous methods of measuring and addressing the
effectiveness of program participants in achieving national
transportation goals.
Section 1205. National freight infrastructure investment grants.
This section would establish a competitive grant program to
provide financial assistance for capital investments in freight
transportation infrastructure to States, political subdivisions
of States, government-sponsored authorities and corporations,
metropolitan planning organizations, and the District of
Columbia. This section would specify the types of projects
eligible for funding.
This section would provide competitive project selection
criteria for the Secretary in determining who to award a grant
under this section and give priority to projects that are able
to demonstrate the highest system performance improvement
relative to their benefit-cost analysis. The Federal share of a
grant made under this section would not exceed 80 percent of
the project's cost. The Secretary would be authorized to issue
a letter of intent to an applicant for an eligible project and
provide grant criteria to be able to receive a grant under this
section.
Section 1206. Port infrastructure development initiative.
This section would permit a State to transfer funds
appropriated or made available from title 23 or chapter 53 of
title 49, United States Code to the Port Infrastructure
Development Fund.
Section 1207. Office of Freight Planning and Development.
This section would create the Office of Freight Planning and
Development in the Office of the Secretary, along with an
Assistant Secretary of Freight Planning and Development to head
it. The Office of Freight Planning and Development would
support DOT's work on the National Freight Strategic Plan and
help coordinate Federal funding to assist with the movement of
freight.
Section 1208. Safety for motorized and nonmotorized users.
This section would require the Secretary to develop standards
to ensure that the design of Federal transportation projects
provides for adequate consideration of all users of the
transportation network, including motorized and nonmotorized
users. These standards would be due 2 years after enactment.
This section would require each State's department of
transportation to conform to Federal standards.
Rollcall Votes in Committee
Senator Hutchison offered an amendment, to the amendment (in
the nature of a substitute) offered by Senator Lautenberg, to
strike title XII regarding the Surface Transportation and
Freight Policy Act of 2011. By rollcall vote of 11 yeas and 13
nays as follows, the amendment was defeated:
YEAS--11 NAYS--13
Mrs. Hutchison Mr. Inouye\1\
Ms. Snowe Mr. Kerry\1\
Mr. DeMint Mrs. Boxer
Mr. Thune Mr. Bill Nelson (FL)
Mr. Wicker Ms. Cantwell
Mr. Isakson Mr. Lautenberg
Mr. Blunt\1\ Mr. Pryor
Mr. Boozman\1\ Mrs. McCaskill
Mr. Toomey\1\ Ms. Klobuchar
Mr. Rubio Mr. Udall (NM)
Ms. Ayotte Mr. Warner\1\
Mr. Begich\1\
Mr. Rockefeller
\1\By proxy
Senator DeMint offered an amendment, to the amendment (in the
nature of a substitute) offered by Senator Lautenberg, to
reduce the amounts authorized to be appropriated for the
Federal Motor Carrier Safety Administration to the funding
levels authorized for fiscal year 2008. By recorded vote of 11
yeas and 13 nays as follows, the amendment was defeated:
YEAS--11 NAYS--13
Mrs. Hutchison Mr. Inouye\1\
Ms. Snowe Mr. Kerry\1\
Mr. DeMint Mrs. Boxer
Mr. Thune Mr. Bill Nelson (FL)
Mr. Wicker Ms. Cantwell
Mr. Isakson\1\ Mr. Lautenberg
Mr. Blunt Mr. Pryor
Mr. Boozman Mrs. McCaskill
Mr. Toomey\1\ Ms. Klobuchar
Mr. Rubio Mr. Udall (NM)
Ms. Ayotte Mr. Warner\1\
Mr. Begich\1\
Mr. Rockefeller
\1\By proxy
Senator Lautenberg offered an amendment (in the nature of a
substitute) to insert title XII to improve the efficiency,
operation, and security of the national transportation system
to move freight by leveraging investments and promoting
partnerships that advance interstate and foreign commerce, and
for other purposes. By rollcall vote of 13 yeas and 11 nays,
the amendment was adopted:
YEAS--13 NAYS--11
Mr. Inouye\1\ Mrs. Hutchison
Mr. Kerry\1\ Ms. Snowe
Mrs. Boxer Mr. DeMint
Mr. Bill Nelson (FL) Mr. Thune
Ms. Cantwell Mr. Wicker
Mr. Lautenberg Mr. Isakson
Mr. Pryor Mr. Blunt\1\
Mrs. McCaskill Mr. Boozman
Ms. Klobuchar Mr. Toomey\1\
Mr. Udall (NM) Mr. Rubio
Mr. Warner\1\ Ms. Ayotte
Mr. Begich\1\
Mr. Rockefeller
\1\By proxy
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the Standing
Rules of the Senate, changes in existing law made by the bill,
as reported, are shown as follows (existing law proposed to be
omitted is enclosed in black brackets, new material is printed
in italic, existing law in which no change is proposed is shown
in roman):
TITLE 5. GOVERNMENT ORGANIZATION AND EMPLOYEES
PART III. EMPLOYEES
SUBPART D. PAY AND ALLOWANCES
CHAPTER 53. PAY RATES AND SYSTEMS
SUBCHAPTER II. EXECUTIVE SCHEDULE PAY RATES
5315. Positions at level IV
Level IV of the Executive Schedule applies to the following
positions, for which the annual rate of basic pay shall be the
rate determined with respect to such level under chapter 11 of
title 2, as adjusted by section 5318 of this title:
* * * * * * *
Assistant Secretaries of Transportation [(4)] (5).
* * * * * * *
TITLE 23. HIGHWAYS
CHAPTER 4. HIGHWAY SAFETY
413. Safety for motorized and nonmotorized users
(a) In General.--Not later than 2 years after the date of
enactment of the Surface Transportation and Freight Policy Act
of 2011, subject to subsection (b), the Secretary shall
establish standards to ensure that the design of Federal
surface transportation projects provides for the safe and
adequate accommodation, in all phases of project planning,
development, and operation, of all users of the transportation
network, including motorized and nonmotorized users.
(b) Waiver for State Law or Policy.--The Secretary may waive
the application of standards established under subsection (a)
to a State that has adopted a law or policy that provides for
the safe and adequate accommodation as certified by the State
(or other grantee), in all phases of project planning and
development, of users of the transportation network on
federally funded surface transportation projects, as determined
by the Secretary.
(c) Compliance.--
(1) In general.--Each State department of
transportation shall submit to the Secretary, at such
time, in such manner, and containing such information
as the Secretary shall require, a report describing the
implementation by the State of measures to achieve
compliance with this section.
(2) Determination by Secretary.--On receipt of a
report under paragraph (1), the Secretary shall
determine whether the applicable State has achieved
compliance with this section.
TITLE 46. SHIPPING
SUBTITLE V. MERCHANT MARINE
PART A. GENERAL
CHAPTER 503. ADMINISTRATIVE
50302. Port development
(a) General Requirements.--With the objective of promoting,
encouraging, and developing ports and transportation facilities
in connection with water commerce over which the Secretary of
Transportation has jurisdiction, the Secretary, in cooperation
with the Secretary of the Army, shall--
(1) investigate territorial regions and zones
tributary to ports, taking into consideration the
economies of transportation by rail, water, and highway
and the natural direction of the flow of commerce;
(2) investigate the causes of congestion of commerce
at ports and applicable remedies;
(3) investigate the subject of water terminals,
including the necessary docks, warehouses, and
equipment, to devise and suggest the types most
appropriate for different locations and for the most
expeditious and economical transfer or interchange of
passengers or property between water carriers and rail
carriers;
(4) consult with communities on the appropriate
location and plan of construction of wharves, piers,
and water terminals;
(5) investigate the practicability and advantages of
harbor, river, and port improvements in connection with
foreign and coastwise trade; and
(6) investigate any other matter that may tend to
promote and encourage the use by vessels of ports
adequate to care for the freight that naturally would
pass through those ports.
(b) Submission of Findings to Surface Transportation Board.--
After an investigation under subsection (a), if the Secretary
of Transportation believes that the rates or practices of a
rail carrier subject to the jurisdiction of the Surface
Transportation Board are detrimental to the objective specified
in subsection (a), or that new rates or practices, new or
additional port terminal facilities, or affirmative action by a
rail carrier is necessary to promote that objective, the
Secretary may submit findings to the Board for action the Board
considers appropriate under existing law.
(c) Port Infrastructure Development Program.--
(1) Establishment of program.--The Secretary of
Transportation, through the Maritime Administrator,
shall establish a port infrastructure development
program for the improvement of port facilities as
provided in this subsection.
(2) Authority of the administrator.--In order to
carry out any project under the program established
under paragraph (1), the Administrator may--
(A) receive funds provided for the project
from Federal, non-Federal, and private entities
that have a specific agreement or contract with
the Administrator to further the purposes of
this subsection;
(B) coordinate with other Federal agencies to
expedite the process established under the
National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) for the improvement of
port facilities to improve the efficiency of
the transportation system, to increase port
security, or to provide greater access to port
facilities;
(C) seek to coordinate all reviews or
requirements with appropriate local, State, and
Federal agencies; and
(D) provide such technical assistance to port
authorities or commissions or their
subdivisions and agents as needed for project
planning, design, and construction.
(3) Port infrastructure development fund.--
(A) Establishment.--There is a Port
Infrastructure Development Fund for use by the
Administrator in carrying out projects under
the port infrastructure development program.
The Fund shall be available to the
Administrator--
(i) to administer and carry out
projects under the program;
(ii) to receive Federal, non-Federal,
and private funds from entities which
have specific agreements or contracts
with the Administrator; and
(iii) to make refunds for projects
that will not be completed.
(B) Credits.--There may be deposited into the
Fund--
(i) funds from Federal, non-Federal,
and private entities which have
agreements or contracts with the
Administrator and which shall remain in
the Fund until expended or refunded;
and
(ii) such amounts as may be
appropriated or transferred, subject to
subparagraph (C), to the Fund under
this subsection.
[(C) Transfers.--
[(i) In general.--Subject to clauses
(ii) and (iii), amounts appropriated or
otherwise made available for any fiscal
year for a marine facility or
intermodal facility that includes
maritime transportation may be
transferred, at the option of the
recipient of such amounts, to the Fund
and administered by the Administrator
as a component of a project under the
program.
[(ii) Prohibition on transfers.--
Except as provided in clause (iii), no
funds appropriated or made available
under title 23 or chapter 53 of title
49, United States Code, including funds
from the Highway Trust Fund (section
9503(c) of the Internal Revenue Code of
1986), funds from the Mass Transit
Account of the Highway Trust Fund
(section 9503(e) of Internal Revenue
Code of 1986), and funds provided for
public transportation programs within
the mass transit category (as defined
in section 250(c)(4)(C) of the Balanced
Budget and Emergency Deficit Control
Act of 1985), shall be transferred into
the Fund.
[(iii) Exception.--
[(I) In general.--Amounts
described in subclause (II) are
eligible for transfer into the
Fund if--
[(aa) the recipient
of the amounts has a
specific agreement or
contract with the
Administrator;
[(bb) the Department
of Transportation
agency that administers
the amounts to be
transferred has granted
project approval for
each component of the
project that is to be
funded using such
amounts;
[(cc) the Department
of Transportation
agency that administers
the amounts to be
transferred and the
Maritime Administration
agree to the transfer
through a signed
Memorandum of
Understanding; and
[(dd) the amounts
will be used only to
carry out the project
for which funds were
approved, and in
accordance with any
conditions governing
the amounts under title
23 or chapter 53 of
title 49, United States
Code.
[(II) Amounts described.--The
amounts referred to in
subclause (I) are amounts
appropriated or made
available--
[(aa) for loans, loan
guarantees, or lines of
credit under chapter 6
of title 23, United
States Code, for a
project eligible under
such chapter to
facilitate direct
intermodal exchange,
transfer, and access
into and out of a port
as defined under
section
601(a)(8)(D)(iii) of
such title, as in
effect on the date of
enactment of this
subsection; or
[(bb) for projects
under title XII of
division A of the
American Recovery and
Reinvestment Act of
2009 (Public Law 111-
5).]
(C) Transfers.--Amounts appropriated or
otherwise made available for any fiscal year
for a marine facility or intermodal facility
that includes maritime transportation may be
transferred, at the option of the recipient of
such amounts, to the Fund and administered by
the Administrator as a component of a project
under the program.
(D) Limitation on statutory construction.--
Nothing in this section shall be construed to
alter or otherwise affect existing authorities
to conduct port infrastructure programs in
Hawaii (as authorized by section 9008 of Public
Law 109--59), Alaska (as authorized by section
10205 of Public Law 109--59), or Guam (as
authorized by section 3512 of Public Law 110--
417).
(4) Authorization of appropriations.--There are
authorized to be appropriated to the Fund such sums as
may be necessary to carry out the program, taking into
account amounts received under paragraph (3)(A)(ii).
TITLE 49. TRANSPORTATION
SUBTITLE I. DEPARTMENT OF TRANSPORTATION
CHAPTER 1. ORGANIZATION
102. Department of Transportation
(a) The Department of Transportation is an executive
department of the United States Government at the seat of
Government.
(b) The head of the Department is the Secretary of
Transportation. The Secretary is appointed by the President, by
and with the advice and consent of the Senate.
(c) The Department has a Deputy Secretary of Transportation
appointed by the President, by and with the advice and consent
of the Senate. The Deputy Secretary--
(1) shall carry out duties and powers prescribed by
the Secretary; and
(2) acts for the Secretary when the Secretary is
absent or unable to serve or when the office of
Secretary is vacant.
(d) The Department has an Under Secretary of Transportation
for Policy appointed by the President, by and with the advice
and consent of the Senate. The Under Secretary shall provide
leadership in the development of policy for the Department,
supervise the policy activities of Assistant Secretaries with
primary responsibility for aviation, international, and other
transportation policy development and carry out other powers
and duties prescribed by the Secretary. The Under Secretary
acts for the Secretary when the Secretary and the Deputy
Secretary are absent or unable to serve, or when the offices of
Secretary and Deputy Secretary are vacant.
(e) The Department has [4] 5 Assistant Secretaries and a
General Counsel appointed by the President, by and with the
advice and consent of the Senate. The Department also has an
Assistant Secretary of Transportation for Administration
appointed in the competitive service by the Secretary, with the
approval of the President. They shall carry out duties and
powers prescribed by the Secretary. An Assistant Secretary or
the General Counsel, in the order prescribed by the Secretary,
acts for the Secretary when the Secretary, Deputy Secretary,
and Under Secretary of Transportation for Policy are absent or
unable to serve, or when the offices of the Secretary, Deputy
Secretary, and Under Secretary of Transportation for Policy are
vacant.
(f) Deputy Assistant Secretary for Tribal Government
Affairs.--
(1) Establishment.--In accordance with Federal
policies promoting Indian self determination, the
Department of Transportation shall have, within the
office of the Secretary, a Deputy Assistant Secretary
for Tribal Government Affairs appointed by the
President to plan, coordinate, and implement the
Department of Transportation policy and programs
serving Indian tribes and tribal organizations and to
coordinate tribal transportation programs and
activities in all offices and administrations of the
Department and to be a participant in any negotiated
rulemaking relating to, or having an impact on,
projects, programs, or funding associated with the
tribal transportation program.
(2) Reservation of trust obligations.--
(A) Responsibility of secretary.--In carrying
out this title, the Secretary shall be
responsible to exercise the trust obligations
of the United States to Indians and Indian
tribes to ensure that the rights of a tribe or
individual Indian are protected.
(B) Preservation of united states
responsibility.--Nothing in this title shall
absolve the United States from any
responsibility to Indians and Indian tribes,
including responsibilities derived from the
trust relationship and any treaty, executive
order, or agreement between the United States
and an Indian tribe.
(g) Office of Climate Change and Environment.--
(1) Establishment.--There is established in the
Department an Office of Climate Change and Environment
to plan, coordinate, and implement--
(A) department-wide research, strategies, and
actions under the Department's statutory
authority to reduce transportation-related
energy use and mitigate the effects of climate
change; and
(B) department-wide research strategies and
actions to address the impacts of climate
change on transportation systems and
infrastructure.
(2) Clearinghouse.--The Office shall establish a
clearinghouse of solutions, including cost-effective
congestion reduction approaches, to reduce air
pollution and transportation-related energy use and
mitigate the effects of climate change.
(h) Office of Freight Planning and Development.--
(1) Establishment.--There is established within the
Office of the Secretary an Office of Freight Planning
and Development. The Office shall--
(A) coordinate investment of Federal funding
to improve the efficiency of the national
transportation system to move freight
consistent with the policy and objectives of
section 313;
(B) facilitate communication among
government, public, and private freight
transportation stakeholders;
(C) support the Secretary in the development
of the National Freight Transportation
Strategic Plan; and
(D) carry out other duties, as prescribed by
the Secretary.
(2) Organization.--The head of the Office shall be
the Assistant Secretary of Freight Planning and
Development.
[(h)] (i) The Department shall have a seal that shall be
judicially recognized.
CHAPTER 3. GENERAL DUTIES AND POWERS
SUBCHAPTER I. DUTIES OF THE SECRETARY OF TRANSPORTATION
303. National surface transportation policy
(a) Policy.--It is the policy of the United States to develop
a comprehensive national surface transportation system that
advances the national interest and defense, interstate and
foreign commerce, the efficient and safe interstate mobility of
people and goods, and the protection of the environment. The
system shall be built, maintained, managed, and operated as a
partnership between the Federal, State, and local governments
and the private sector and shall be coordinated with the
overall transportation system of the United States, including
the Nation's air, rail, pipeline, and water transportation
systems. The Secretary of Transportation shall be responsible
for carrying out this policy and for defining the Federal
government's role in the system.
(b) Objectives.--The objectives of the policy shall be to
facilitate and advance--
(1) the improved accessibility and reduced travel
times for persons and goods within and between nations,
regions, States, and metropolitan areas;
(2) the safety and health of the public;
(3) the security of the Nation and the public;
(4) environmental protection;
(5) energy conservation and security, including
reducing transportation-related energy use;
(6) international and interstate freight movement,
trade enhancement, job creation, and economic
development;
(7) responsible planning to address population
distribution and employment and sustainable
development;
(8) the preservation and adequate performance of
system-critical transportation assets, as defined by
the Secretary;
(9) reasonable access to the national surface
transportation system for all system users, including
rural communities;
(10) the sustainable, balanced, and adequate
financing of the national surface transportation
system; and
(11) innovation in transportation services,
infrastructure, and technology.
(c) Goals.--
(1) Specific goals.--The goals of the policy shall
be--
(A) to reduce average per capita peak period
travel times on an annual basis;
(B) to reduce national motor vehicle-related
and truck-related fatalities by 50 percent by
2030;
(C) to reduce national surface transportation
delays per capita on an annual basis;
(D) to improve the access to employment
opportunities and other economic activities;
(E) to increase the percentage of system-
critical surface transportation assets, as
defined by the Secretary, that are in a state
of good repair by 20 percent by 2030;
(F) to improve access to public
transportation, intercity passenger rail
services, and non-motorized transportation
where travel demand warrants;
(G) to reduce passenger and freight
transportation infrastructure-related delays
entering into and out of international points
of entry on an annual basis;
(H) to increase travel time reliability on
major freight corridors that connect major
population centers to freight generators and
international gateways on an annual basis;
(I) to ensure adequate transportation of
domestic energy supplies and promote energy
security;
(J) to maintain or reduce the percentage of
gross domestic product consumed by
transportation costs; and
(K) to reduce transportation-related impacts
on the environment and on communities on an
annual basis.
(2) Baselines.--Not later than 2 years after the date
of enactment of the Surface Transportation and Freight
Policy Act of 2011, the Secretary shall develop
baselines for the goals and shall determine appropriate
methods of data collection to measure the attainment of
the goals.
304. National surface transportation and freight strategic performance
plan
(a) Development.--Not later than 2 years after the date of
enactment of the Surface Transportation and Freight Policy Act
of 2011, the Secretary of Transportation shall develop and
implement a National Surface Transportation and Freight
Performance Plan to achieve the policy, objectives, and goals
set forth in sections 303 and 312 .
(b) Contents.--The plan shall include--
(1) an assessment of the current performance of the
national surface transportation system and an analysis
of the system's ability to achieve the policy,
objectives, and goals set forth in sections 303 and
312;
(2) an analysis of emerging and long-term projected
trends, including economic and national trade policies,
that will impact the performance, needs, and uses of
the national surface transportation system, including
the system to move freight;
(3) a description of the major challenges to
effectively meeting the policy, objectives, and goals
set forth in sections 303 and 312 and a plan to address
such challenges;
(4) a comprehensive strategy and investment plan to
meet the policy, objectives, and goals set forth in
sections 303 and 312, including a strategy to develop
the coalitions, partnerships, and other collaborative
financing efforts necessary to ensure stable, reliable
funding and completion of freight corridors and
projects;
(5) initiatives to improve transportation modeling,
research, data collection, and analysis, including
those to assess impacts on public health, and
environmental conditions;
(6) a plan for any reorganization of the Department
of Transportation or its agencies necessary to meet the
policy, objectives, and goals set forth in sections 303
and 312;
(7) guidelines to encourage the appropriate balance
of means to finance the national transportation system
to move freight to implement the plan and the
investment plan proposed under paragraph (4); and
(8) a list of priority freight corridors and gateways
to be improved and developed to meet the policy,
objectives, and goals set forth in section 312.
(c) Consultation.--In developing the plan required by
subsection (a), the Secretary shall--
(1) consult with appropriate Federal agencies, local,
State, and tribal governments, public and private
transportation stakeholders, non-profit organizations
representing transportation employees, appropriate
foreign governments, and other interested parties;
(2) consider on-going Federal, State, and corridor-
wide transportation plans;
(3) provide public notice and hearings and solicit
public comments on the plan, and
(4) as appropriate, establish advisory committees to
assist with developing the plan.
(d) Submittal and Publication.--The Secretary shall--
(1) submit the completed plan to the Committee on
Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of
the House of Representatives; and
(2) post the completed plan on the Department of
Transportation's public web site.
(e) Progress Reports.--The Secretary shall submit biennial
progress reports on the implementation of the plan beginning 2
years after the date of submittal of the plan under subsection
(d)(1). Each progress report shall--
(1) describe progress made toward fully implementing
the plan and achieving the policies, objectives, and
goals established under sections 303 and 312;
(2) describe challenges and obstacles to full
implementation;
(3) describe updates to the plan necessary to reflect
changed circumstances or new developments; and
(4) make policy and legislative recommendations the
Secretary believes are necessary and appropriate to
fully implement the plan.
(f) Data.--The Secretary shall have the authority to conduct
studies, gather information, and require the production of data
necessary to develop or update this plan, consistent with
Federal privacy standards.
(g) Implementation.--The Secretary shall--
(1) develop appropriate performance criteria and data
collections systems for each Federal surface
transportation program to evaluate:
(A) whether such programs are consistent with
the policy, objectives, and goals established
by sections 303 and 312; and
(B) how effective such programs are in
contributing to the achievement of the policy,
objectives, and goals established by sections
303 and 312;
(2) using the criteria developed under paragraph (1),
periodically evaluate each such program and provide the
results to the public;
(3) based on the evaluation performed under paragraph
(2), make any necessary changes or improvements to such
programs to ensure such consistency and effectiveness;
(4) implement this section in a manner that is
consistent with sections 302, 5503, 10101, and 13101 of
this title and section 101 of title 23 to the extent
that such sections do not conflict with the policy,
objectives, and goals established by sections 303 and
312;
(5) review, update, and reissue all relevant surface
transportation planning requirements to ensure that
such requirements require that regional, State, and
local surface transportation planning efforts funded
with Federal funds are consistent with the policy,
objectives, and goals established by this section; and
(6) require States and metropolitan planning
organizations to annually report on the use of Federal
surface transportation funds, including a description
of--
(A) which projects and priorities were funded
with such funds;
(B) the rationale and method employed for
apportioning such funds to the projects and
priorities; and
(C) how the obligation of such funds is
consistent with or advances the policy,
objectives, and goals established by sections
303 and 312.
[303] 305. Policy on lands, wildlife and waterfowl refuges, and
historic sites
(a) It is the policy of the United States Government that
special effort should be made to preserve the natural beauty of
the countryside and public park and recreation lands, wildlife
and waterfowl refuges, and historic sites.
(b) The Secretary of Transportation shall cooperate and
consult with the Secretaries of the Interior, Housing and Urban
Development, and Agriculture, and with the States, in
developing transportation plans and programs that include
measures to maintain or enhance the natural beauty of lands
crossed by transportation activities or facilities.
(c) Approval of Programs and Projects.--Subject to subsection
(d), the Secretary may approve a transportation program or
project (other than any project for a park road or parkway
under section 204 of title 23) requiring the use of publicly
owned land of a public park, recreation area, or wildlife and
waterfowl refuge of national, State, or local significance, or
land of an historic site of national, State, or local
significance (as determined by the Federal, State, or local
officials having jurisdiction over the park, area, refuge, or
site) only if--
(1) there is no prudent and feasible alternative to
using that land; and
(2) the program or project includes all possible
planning to minimize harm to the park, recreation area,
wildlife and waterfowl refuge, or historic site
resulting from the use.
(d) De Minimis Impacts.--
(1) Requirements.--
(A) Requirements for historic sites.--The
requirements of this section shall be
considered to be satisfied with respect to an
area described in paragraph (2) if the
Secretary determines, in accordance with this
subsection, that a transportation program or
project will have a de minimis impact on the
area.
(B) Requirements for parks, recreation areas,
and wildlife or waterfowl refuges.--The
requirements of subsection (c)(1) shall be
considered to be satisfied with respect to an
area described in paragraph (3) if the
Secretary determines, in accordance with this
subsection, that a transportation program or
project will have a de minimis impact on the
area. The requirements of subsection (c)(2)
with respect to an area described in paragraph
(3) shall not include an alternatives analysis.
(C) Criteria.--In making any determination
under this subsection, the Secretary shall
consider to be part of a transportation program
or project any avoidance, minimization,
mitigation, or enhancement measures that are
required to be implemented as a condition of
approval of the transportation program or
project.
(2) Historic sites.--With respect to historic sites,
the Secretary may make a finding of de minimis impact
only if--
(A) the Secretary has determined, in
accordance with the consultation process
required under section 106 of the National
Historic Preservation Act (16 U.S.C. 470f),
that--
(i) the transportation program or
project will have no adverse effect on
the historic site; or
(ii) there will be no historic
properties affected by the
transportation program or project;
(B) the finding of the Secretary has received
written concurrence from the applicable State
historic preservation officer or tribal
historic preservation officer (and from the
Advisory Council on Historic Preservation if
the Council is participating in the
consultation process); and
(C) the finding of the Secretary has been
developed in consultation with parties
consulting as part of the process referred to
in subparagraph (A).
(3) Parks, recreation areas, and wildlife or
waterfowl refuges.--With respect to parks, recreation
areas, or wildlife or waterfowl refuges, the Secretary
may make a finding of de minimis impact only if--
(A) the Secretary has determined, after
public notice and opportunity for public review
and comment, that the transportation program or
project will not adversely affect the
activities, features, and attributes of the
park, recreation area, or wildlife or waterfowl
refuge eligible for protection under this
section; and
(B) the finding of the Secretary has received
concurrence from the officials with
jurisdiction over the park, recreation area, or
wildlife or waterfowl refuge.
[303a] 306. Development of water transportation
(a) Policy.--It is the policy of Congress--
(1) to promote, encourage, and develop water
transportation, service, and facilities for the
commerce of the United States; and
(2) to foster and preserve rail and water
transportation.
(b) Definition.--In this section, ``inland waterway''
includes the Great Lakes.
(c) Requirements.--The Secretary of Transportation shall--
(1) investigate the types of vessels suitable for
different classes of inland waterways to promote,
encourage, and develop inland waterway transportation
facilities for the commerce of the United States;
(2) investigate water terminals, both for inland
waterway traffic and for through traffic by water and
rail, including the necessary docks, warehouses, and
equipment, and investigate railroad spurs and switches
connecting with those water terminals, to develop the
types most appropriate for different locations and for
transferring passengers or property between water
carriers and rail carriers more expeditiously and
economically;
(3) consult with communities, cities, and towns about
the location of water terminals, and cooperate with
them in preparing plans for terminal facilities;
(4) investigate the existing status of water
transportation on the different inland waterways of the
United States to learn the extent to which--
(A) the waterways are being used to their
capacity and are meeting the demands of
traffic; and
(B) water carriers using those waterways are
interchanging traffic with rail carriers;
(5) investigate other matters that may promote and
encourage inland water transportation; and
(6) compile, publish, and distribute information
about transportation on inland waterways that the
Secretary considers useful to the commercial interests
of the United States.
[304] 307. Joint activities with the Secretary of Housing and Urban
Development
(a) The Secretary of Transportation and the Secretary of
Housing and Urban Development shall--
(1) consult and exchange information about their
respective transportation policies and activities;
(2) carry out joint planning, research, and other
activities;
(3) coordinate assistance for local transportation
projects; and
(4) jointly study methods by which policies and
programs of the United States Government can ensure
that urban transportation systems most effectively
serve both transportation needs of the United States
and the comprehensively planned development of urban
areas.
(b) The Secretaries shall report on April 1 of each year to
the President, for submission to Congress, on their studies and
other activities under this section, including legislative
recommendations they consider desirable.
[305] 308. Transportation investment standards and criteria
(a) Subject to sections 301-304 of this title, the Secretary
of Transportation shall develop standards and criteria to
formulate and economically evaluate all proposals for investing
amounts of the United States Government in transportation
facilities and equipment. Based on experience, the Secretary
shall revise the standards and criteria. When approved by
Congress, the Secretary shall prescribe standards and criteria
developed or revised under this subsection. This subsection
does not apply to--
(1) the acquisition of transportation facilities or
equipment by a department, agency, or instrumentality
of the Government to provide transportation for its
use;
(2) an inter-oceanic canal located outside the 48
contiguous States;
(3) defense features included at the direction of the
Department of Defense in designing and constructing
civil air, sea, or land transportation;
(4) foreign assistance programs;
(5) water resources projects; or
(6) grant-in-aid programs authorized by law.
(b) A department, agency, or instrumentality of the
Government preparing a survey, plan, or report that includes a
proposal about which the Secretary has prescribed standards and
criteria under subsection (a) of this section shall--
(1) prepare the survey, plan, or report under those
standards and criteria and on the basis of information
provided by the Secretary on the--
(A) projected growth of transportation needs
and traffic in the affected area;
(B) the relative efficiency of various modes
of transportation;
(C) the available transportation services in
the area; and
(D) the general effect of the proposed
investment on existing modes of transportation
and on the regional and national economy;
(2) coordinate the survey, plan, or report--
(A) with the Secretary and include the views
and comments of the Secretary; and
(B) as appropriate, with other departments,
agencies, and instrumentalities of the
Government, States, and local governments, and
include their views and comments; and
(3) send the survey, plan, or report to the President
for disposition under law and procedure established by
the President.
[306] 309. Prohibited discrimination
(a) In this section, ``financial assistance'' includes
obligation guarantees.
(b) A person in the United States may not be excluded from
participating in, be denied the benefits of, or be subject to
discrimination under, a project, program, or activity because
of race, color, national origin, or sex when any part of the
project, program, or activity is financed through financial
assistance under section 332 or 333 or chapter 221 or 249 of
this title, section 211 or 216 of the Regional Rail
Reorganization Act of 1973 (45 U.S.C. 721, 726), or title V of
the Railroad Revitalization and Regulatory Reform Act of 1976
(45 U.S.C. 821 et seq.).
(c) When the Secretary of Transportation decides that a
person receiving financial assistance under a law referred to
in subsection (b) of this section has not complied with that
subsection, a Federal civil rights law, or an order or
regulation issued under a Federal civil rights law, the
Secretary shall notify the person of the decision and require
the person to take necessary action to ensure compliance with
that subsection.
(d) If a person does not comply with subsection (b) of this
section within a reasonable time after receiving a notice under
subsection (c) of this section, the Secretary shall take at
least one of the following actions:
(1) direct that no more Federal financial assistance
be provided the person.
(2) refer the matter to the Attorney General with a
recommendation that a civil action be brought against
the person.
(3) carry out the duties and powers provided by title
VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et
seq.).
(4) take other action provided by law.
(e) When a matter is referred to the Attorney General under
subsection (d)(2) of this section, or when the Attorney General
has reason to believe that a person is engaged in a pattern or
practice violating this section, the Attorney General may begin
a civil action in a district court of the United States for
appropriate relief.
[307. Safety information and intervention in Interstate Commerce
Commission proceedings
[(a) The Secretary of Transportation shall inspect promptly
the safety compliance record in the Department of
Transportation of each person applying to the Interstate
Commerce Commission for authority to provide transportation or
freight forwarder service. The Secretary shall report the
findings of the inspection to the Commission.
[(b) When the Secretary is not satisfied with the safety
record of a person applying for permanent authority to provide
transportation or freight forwarder service, or for approval of
a proposed transfer of permanent authority, the Secretary shall
intervene and present evidence of the fitness of the person to
the Commission in its proceedings.
[(c) When requested by the Commission, the Secretary shall--
[(1) provide the Commission with a complete report on
the safety compliance of a carrier providing
transportation or freight forwarder service subject to
its jurisdiction;
[(2) provide promptly a statement of the safety
record of a person applying to the Commission for
temporary authority to provide transportation;
[(3) intervene and present evidence in a proceeding
in which a finding of fitness is required; and
[(4) make additional safety compliance surveys and
inspections the Commission decides are desirable to
allow it to act on an application or to make a finding
on the fitness of a carrier.]
[308] 310. Reports
(a) As soon as practicable after the end of each fiscal year,
the Secretary of Transportation shall report to the President,
for submission to Congress, on the activities of the Department
of Transportation during the prior fiscal year.
(b) The Secretary shall submit to the President and Congress
each year a report on the aviation activities of the
Department. The report shall include--
(1) collected information the Secretary considers
valuable in deciding questions about--
(A) the development and regulation of civil
aeronautics;
(B) the use of airspace of the United States;
and
(C) the improvement of the air navigation and
traffic control system; and
(2) recommendations for additional legislation and
other action the Secretary considers necessary.
(c) The Secretary shall submit to Congress each year a report
on the conditions of the public ports of the United States,
including the--
(1) economic and technological development of the
ports;
(2) extent to which the ports contribute to the
national welfare and security; and
(3) factors that may impede the continued development
of the ports.
(d) [Repealed]
(e) (1) The Secretary shall submit to Congress in March 1998,
and in March of each even-numbered year thereafter, a report of
estimates by the Secretary on the current performance and
condition of public mass transportation systems with
recommendations for necessary administrative or legislative
changes.
(2) In reporting to Congress under this subsection,
the Secretary shall prepare a complete assessment of
public transportation facilities in the United States.
The Secretary also shall assess future needs for those
facilities and estimate future capital requirements and
operation and maintenance requirements for one-year, 5-
year, and 10-year periods at specified levels of
service.
[309] 311. High-speed ground transportation
(a) The Secretary of Transportation, in consultation with the
Secretaries of Commerce, Energy, and Defense, the Administrator
of the Environmental Protection Agency, the Assistant Secretary
of the Army for Public Works, and the heads of other interested
agencies, shall lead and coordinate Federal efforts in the
research and development of high-speed ground transportation
technologies in order to foster the implementation of magnetic
levitation and high-speed steel wheel on rail transportation
systems as alternatives to existing transportation systems.
* * * * * * *
312. National freight transportation policy.
(a) National Freight Transportation Policy.--It is the policy
of the United States to improve the efficiency, operation, and
security of the national transportation system to move freight
by leveraging investments and promoting partnerships that
advance interstate and foreign commerce, promote economic
competitiveness and job creation, improve the safe and
efficient mobility of goods, and protect the public health and
the environment.
(b) Objectives.--The objectives of the policy are--
(1) to target investment in freight transportation
projects that strengthen the economic competitiveness
of the United States with a focus on domestic
industries and businesses and the creation and
retention of high-value jobs;
(2) to promote and advance energy conservation and
the environmental sustainability of freight movements;
(3) to facilitate and advance the safety and health
of the public, including communities adjacent to
freight movements;
(4) to provide for systematic and balanced investment
to improve the overall performance and reliability of
the national transportation system to move freight,
including ensuring trade facilitation and
transportation system improvements are mutually
supportive;
(5) to promote partnerships between Federal, State,
and local governments, the private sector, and other
transportation stakeholders to leverage investments in
freight transportation projects; and
(6) to encourage adoption of operational policies,
such as intelligent transportation systems, to improve
the efficiency of freight-related transportation
movements and infrastructure.
SUBCHAPTER II. ADMINISTRATIVE
333. Responsibility for rail transportation unification and
coordination projects
(a) The Secretary of Transportation may develop and make
available to interested persons any plans, proposals, and
recommendations for mergers, consolidations, reorganizations,
and other unification or coordination projects for rail
transportation (including arrangements for joint use of tracks
and other facilities and acquisition or sale of assets) that
the Secretary believes will result in a rail system that is
more efficient and consistent with the public interest.
(b) To achieve a more efficient, economical, and viable rail
system in the private sector, the Secretary, when requested by
a rail carrier and under this section, may assist in planning,
negotiating, and carrying out a unification or coordination of
operations and facilities of at least 2 rail carriers.
(c) (1) The Secretary may conduct studies to determine the
potential cost savings and possible improvements in the quality
of rail transportation that are likely to result from
unification or coordination of at least 2 rail carriers,
through--
(A) elimination of duplicating or overlapping
operations and facilities;
(B) reducing switching operations;
(C) using the shortest or more efficient and
economical routes;
(D) exchanging trackage rights;
(E) combining trackage and terminal or other
facilities;
(F) upgrading tracks and other facilities
used by at least 2 rail carriers;
(G) reducing administrative and other
expenses; and
(H) other measures likely to reduce costs and
improve rail transportation.
(2) When the Secretary requests information for a
study under this section, a rail carrier shall provide
the information requested. In carrying out this
section, the Secretary may designate an officer or
employee to get from a rail carrier information on the
kind, quality, origin, destination, consignor,
consignee, and routing of property. This information
may be obtained without the consent of the consignor or
consignee notwithstanding section 11904 of this title.
When appropriate, the designated officer or employee
has the powers described in section 203(c) of the
Regional Rail Reorganization Act of 1973 to carry out
this section, but a subpena must be issued under the
signature of the Secretary.
(d) (1) When requested by a rail carrier, the Secretary may
hold conferences on and mediate disputes resulting from a
proposed unification or coordination project. The Secretary may
invite to a conference--
(A) officers and directors of an affected
rail carrier;
(B) representatives of rail carrier employees
who may be affected;
(C) representatives of the [Interstate
Commerce Commission] Surface Transportation
Board;
(D) State and local government officials,
shippers, and consumer representatives; and
(E) representatives of the Federal Trade
Commission and the Attorney General.
(2) A person attending or represented at a conference
on a proposed unification or coordination project is
not liable under the antitrust laws of the United
States for any discussion at the conference and for any
agreements reached at the conference, that are entered
into with the approval of the Secretary to achieve or
determine a plan of action to carry out the unification
or coordination project.
(e) When the approval of a proposal submitted by a rail
carrier for a merger or other action is subject to the
jurisdiction of the [Interstate Commerce Commission] Surface
Transportation Board under section 11323(a) of this title, the
Secretary may study the proposal to decide whether it satisfies
section 11324(b) of this title. When the proposal is the
subject of an application and proceeding before the
[Commission] Board, the Secretary may appear in any proceeding
related to the application.
CHAPTER 5. SPECIAL AUTHORITY
SUBCHAPTER I. POWERS
504. Reports and records
(a) In this section--
(1) ``association'' means an organization maintained
by or in the interest of a group of rail carriers,
motor carriers, motor carriers of migrant workers, or
motor private carriers that performs a service, or
engages in activities, related to transportation of
that carrier.
(2) ``carrier'' means a motor carrier, motor carrier
of migrant workers, motor private carrier, and rail
carrier.
(3) ``lessor'' means a person owning a railroad that
is leased to and operated by a rail carrier, and a
person leasing a right to operate as a motor carrier,
motor carrier of migrant workers, or motor private
carrier to another.
(4) ``lessor'' and ``carrier'' include a receiver or
trustee of that lessor or carrier, respectively.
(b) (1) The Secretary of Transportation may prescribe the
form of records required to be prepared or compiled under this
section by--
(A) carriers and lessors; and
(B) a person furnishing cars or protective
service against heat or cold to or for a rail
carrier.
(2) The Secretary may require--
(A) carriers, lessors, associations, or
classes of them as the Secretary may prescribe,
to file annual, periodic, and special reports
with the Secretary containing answers to
questions asked by the Secretary; and
(B) a person furnishing cars or protective
service against heat or cold to a rail carrier
to file reports with the Secretary containing
answers to questions about those cars or
service.
(c) The Secretary, or an employee (and, in the case of a
motor carrier, a contractor, or an employee of the recipient of
a grant issued under section 31102 of this title) designated by
the Secretary, may on demand and display of proper credentials,
in person or in writing--
(1) inspect the equipment of a carrier or lessor; and
(2) inspect and copy any record of--
(A) a carrier, lessor, or association;
(B) a person controlling, controlled by, or
under common control with a carrier, if the
Secretary considers inspection relevant to that
person's relation to, or transaction with, that
carrier; and
(C) a person furnishing cars or protective
service against heat or cold to or for a rail
carrier if the Secretary prescribed the form of
that record.
(d) The Secretary may prescribe the time period during which
records must be preserved by a carrier, lessor, and person
furnishing cars or protective service.
(e) (1) An annual report shall contain an account, in as much
detail as the Secretary may require, of the affairs of a
carrier, lessor, or association for the 12-month period ending
on the 31st day of December of each year. The annual report
shall be filed with the Secretary by the end of the 3d month
after the end of the year for which the report is made unless
the Secretary extends the filing date or changes the period
covered by the report.
(2) The annual report and, if the Secretary requires,
any other report made under this section shall be made
under oath.
(f) No part of a report of an accident occurring in
operations of a motor carrier, motor carrier of migrant
workers, or motor private carrier and required by the
Secretary, and no part of a report of an investigation of the
accident made by the Secretary, may be admitted into evidence
or used in a civil action for damages related to a matter
mentioned in the report or investigation.
SUBCHAPTER II. PENALTIES
521. Civil penalties
(a)
(1) A person required under section 504 of this title
to make, prepare, preserve, or submit to the Secretary
of Transportation a record about rail carrier
transportation, that does not make, prepare, preserve,
or submit that record as required under that section,
is liable to the United States Government for a civil
penalty of $500 for each violation.
(2) A rail carrier, and a lessor, receiver, or
trustee of that carrier, violating section 504(c)(1) of
this title is liable to the Government for a civil
penalty of $100 for each violation.
(3) A rail carrier, a lessor, receiver, or trustee of
that carrier, a person furnishing cars or protective
service against heat or cold, and an officer, agent, or
employee of one of them, required to make a report to
the Secretary or answer a question, that does not make
a report to the Secretary or does not specifically,
completely, and truthfully answer the question, is
liable to the Government for a civil penalty of $100
for each violation.
(4) A separate violation occurs for each day a
violation under this subsection continues.
(5) Trial in a civil action under this subsection is
in the judicial district in which the rail carrier has
its principal operating office or in a district through
which the railroad of the rail carrier runs.
(b) Violations Relating to Commercial Motor Vehicle Safety
Regulation and Operators.--
(1) Notice.--
(A) In general.--If the Secretary finds that
a violation of a provision of subchapter III of
chapter 311 (except sections 31138 and 31139)
or section 31302, 31303, 31304, 31305(b),
31310(g)(1)(A), or 31502 of this title, or a
violation of a regulation issued under any of
those provisions, has occurred, the Secretary
shall issue a written notice to the violator.
Such notice shall describe with reasonable
particularity the nature of the violation found
and the provision which has been violated. The
notice shall specify the proposed civil
penalty, if any, and suggest actions which
might be taken in order to abate the violation.
The notice shall indicate that the violator
may, within 15 days of service, notify the
Secretary of the violator's intention to
contest the matter. In the event of a contested
notice, the Secretary shall afford such
violator an opportunity for a hearing, pursuant
to section 554 of title 5 following which the
Secretary shall issue an order affirming,
modifying, or vacating the notice of violation.
(B) Nonapplicability to reporting and
recordkeeping violations.--Subparagraph (A)
shall not apply to reporting and recordkeeping
violations.
(2) Civil penalty.--
(A) In general.--Except as otherwise provided
in this subsection, any person who is
determined by the Secretary, after notice and
opportunity for a hearing, to have committed an
act that is a violation of regulations issued
by the Secretary under subchapter III of
chapter 311 (except sections 31138 and 31139)
or section 31502 of this title shall be liable
to the United States for a civil penalty in an
amount not to exceed $10,000 for each offense.
Notwithstanding any other provision of this
section (except subparagraph (C)), no civil
penalty shall be assessed under this section
against an employee for a violation in an
amount exceeding $2,500.
(B) Recordkeeping and reporting violations.--
A person required to make a report to the
Secretary, answer a question, or make, prepare,
or preserve a record under section 504 of this
title or under any regulation issued by the
Secretary pursuant to subchapter III of chapter
311 (except sections 31138 and 31139) or
section 31502 of this title about
transportation by motor carrier, motor carrier
of migrant workers, or motor private carrier,
or an officer, agent, or employee of that
person--
(i) who does not make that report,
does not specifically, completely, and
truthfully answer that question in 30
days from the date the Secretary
requires the question to be answered,
or does not make, prepare, or preserve
that record in the form and manner
prescribed by the Secretary, shall be
liable to the United States for a civil
penalty in an amount not to exceed
$1,000 for each offense, and each day
of the violation shall constitute a
separate offense, except that the total
of all civil penalties assessed against
any violator for all offenses related
to any single violation shall not
exceed $10,000; or
(ii) who knowingly falsifies,
destroys, mutilates, or changes a
required report or record, knowingly
files a false report with the
Secretary, knowingly makes or causes or
permits to be made a false or
incomplete entry in that record about
an operation or business fact or
transaction, or knowingly makes,
prepares, or preserves a record in
violation of a regulation or order of
the Secretary, shall be liable to the
United States for a civil penalty in an
amount not to exceed $10,000 for each
violation, if any such action can be
shown to have misrepresented a fact
that constitutes a violation other than
a reporting or recordkeeping violation.
(C) Violations pertaining to cdls.--Any
person who is determined by the Secretary,
after notice and opportunity for a hearing, to
have committed an act which is a violation of
section 31302, 31303, 31304, 31305(b), or
31310(g)(1)(A) of this title shall be liable to
the United States for a civil penalty not to
exceed $2,500 for each offense.
(D) Determination of amount.--The amount of
any civil penalty, and a reasonable time for
abatement of the violation, shall by written
order be determined by the Secretary, taking
into account the nature, circumstances, extent,
and gravity of the violation committed and,
with respect to the violator, the degree of
culpability, history of prior offenses,
[ability to pay,] effect on ability to continue
to do business, and such other matters as
justice and public safety may require. In each
case, the assessment shall be calculated to
induce further compliance.
[(E)] (E)(i) Copying of records and access to
equipment, lands, and buildings.--A person
subject to chapter 51 or a motor carrier,
broker, freight forwarder, or owner or operator
of a commercial motor vehicle subject to part B
of subtitle VI who fails to allow promptly,
upon demand, the Secretary (or an employee
designated by the Secretary) to inspect and
copy any record or inspect and examine
equipment, lands, buildings and other property
in accordance with sections 504(c), 5121(c),
and 14122(b) shall be liable to the United
States for a civil penalty not to exceed $1,000
for each offense. Each day the Secretary is
denied the right to inspect and copy any record
or inspect and examine equipment, lands,
buildings and other property shall constitute a
separate offense, except that the total of all
civil penalties against any violator for all
offenses related to a single violation shall
not exceed $10,000. In the case of a motor
carrier, the Secretary may also place the
violator's motor carrier operations out of
service. It shall be a defense to [such
penalty] a penalty that the records did not
exist at the time of the Secretary's request or
could not be timely produced without
unreasonable expense or effort. Nothing in this
subparagraph amends or supersedes any remedy
available to the Secretary under section
502(d), section 507(c), or any other provision
of this title.
(ii) Place out of service.--The
Secretary may by regulation adopt
procedures for placing out of service
the commercial motor vehicle of a
foreign-domiciled motor carrier that
fails to promptly allow the Secretary
to inspect and copy a record or inspect
equipment, land, buildings, or other
property.
(F) Penalty for violations relating to out of
service orders.--A motor carrier or employer
(as defined in section 31132) that operates a
commercial motor vehicle in commerce in
violation of a prohibition on transportation
under section 31144(c) of this title or an
imminent hazard out of service order issued
under subsection (b)(5) of this section or
section 5121(d) of this title shall be liable
for a civil penalty not to exceed $25,000.
(3) The Secretary may require any violator served
with a notice of violation to post a copy of such
notice or statement of such notice in such place or
places and for such duration as the Secretary may
determine appropriate to aid in the enforcement of
subchapter III of chapter 311 (except sections 31138
and 31139) or section 31302, 31303, 31304, 31305(b), or
31502 of this title, as the case may be.
(4) Such civil penalty may be recovered in an action
brought by the Attorney General on behalf of the United
States in the appropriate district court of the United
States or, before referral to the Attorney General,
such civil penalty may be compromised by the Secretary.
(5) (A) If, upon inspection or investigation, the
Secretary determines that a violation of a provision of
subchapter III of chapter 311 (except sections 31138
and 31139) or section 31302, 31303, 31304, 31305(b), or
31502 of this title or a regulation issued under any of
those provisions, or combination of such violations,
poses an imminent hazard to safety, the Secretary shall
order a vehicle or employee operating such vehicle out
of service, or order an employer to cease all or part
of the employer's commercial motor vehicle operations.
In making any such order, the Secretary shall impose no
restriction on any employee or employer beyond that
required to abate the hazard. Subsequent to the
issuance of the order, opportunity for review shall be
provided in accordance with section 554 of title 5,
except that such review shall occur not later than 10
days after issuance of such order.
(B) In this paragraph, ``imminent hazard''
means any condition of vehicle, employee, or
commercial motor vehicle operations which
substantially increases the likelihood of
serious injury or death if not discontinued
immediately.
(C) If an employee, vehicle, or all or part
of an employer's commercial motor vehicle
operations is ordered out of service under
paragraph (5)(A), the commercial motor vehicle
operations of the employee, vehicle, or
employer that affect interstate commerce are
also prohibited.
(6) Criminal penalties.--
(A) In general.--Any person who knowingly and
willfully violates any provision of subchapter
III of chapter 311 (except sections 31138 and
31139) or section 31502 of this title, or a
regulation issued under any of those provisions
shall, upon conviction, be subject for each
offense to a fine not to exceed $25,000 or
imprisonment for a term not to exceed one year,
or both, except that, if such violator is an
employee, the violator shall only be subject to
penalty if, while operating a commercial motor
vehicle, the violator's activities have led or
could have led to death or serious injury, in
which case the violator shall be subject, upon
conviction, for a fine not to exceed $2,500.
(B) Violations pertaining to cdls.--Any
person who knowingly and willfully violates--
(i) any provision of section 31302,
31303(b) or (c), 31304, 31305(b), or
31310(g)(1)(A) of this title or a
regulation issued under such section,
or
(ii) with respect to notification of
a serious traffic violation as defined
under section 31301 of this title, any
provision of section 31303(a) of this
title or a regulation issued under
section 31303(a),
shall, upon conviction, be subject for each
offense to a fine not to exceed $5,000 or
imprisonment for a term not to exceed 90 days,
or both.
(7) The Secretary shall issue regulations
establishing penalty schedules designed to induce
timely compliance for persons failing to comply
promptly with the requirements set forth in any notices
and orders under this subsection. The penalties may
include a minimum duration for any out of service
period, not to exceed 90 days.
(8) Prohibition on operation in interstate commerce
after nonpayment of penalties.--
(A) In general.--An owner or operator of a
commercial motor vehicle against whom a civil
penalty is assessed under this chapter or
chapter 51, 149, or 311 of this title and who
does not pay such penalty or fails to arrange
and abide by an acceptable payment plan for
such civil penalty may not operate in
interstate commerce beginning on the 91st day
after the date specified by order of the
Secretary for payment of such penalty. This
paragraph shall not apply to any person who is
unable to pay a civil penalty because such
person is a debtor in a case under chapter 11
of title 11, United States Code.
(B) Additional prohibition.--A person
prohibited from operating in interstate
commerce under paragraph (8)(A) may not operate
any commercial motor vehicle where the
operation affects interstate commerce.
[(B)] (C) Regulations.--Not later than 12
months after the date of the enactment of this
paragraph, the Secretary, after notice and an
opportunity for public comment, shall issue
regulations setting forth procedures for
ordering commercial motor vehicle owners and
operators delinquent in paying civil penalties
to cease operations until payment has been
made.
(9) Any aggrieved person who, after a hearing, is
adversely affected by a final order issued under this
section may, within 30 days, petition for review of the
order in the United States Court of Appeals in the
circuit wherein the violation is alleged to have
occurred or where the violator has his principal place
of business or residence, or in the United States Court
of Appeals for the District of Columbia Circuit. Review
of the order shall be based on a determination of
whether the Secretary's findings and conclusions were
supported by substantial evidence, or were otherwise
not in accordance with law. No objection that has not
been urged before the Secretary shall be considered by
the court, unless reasonable grounds existed for
failure or neglect to do so. The commencement of
proceedings under this subsection shall not, unless
ordered by the court, operate as a stay of the order of
the Secretary.
(10) All penalties and fines collected under this
section shall be deposited into the Highway Trust Fund
(other than the Mass Transit Account).
(11) In any action brought under this section,
process may be served without regard to the territorial
limits of the district of the State in which the action
is brought.
(12) In any proceeding for criminal contempt for
violation of an injunction or restraining order issued
under this section, trial shall be by the court, or,
upon demand of the accused, by a jury, conducted in
accordance with the provisions of rule 42(b) of the
Federal Rules of Criminal Procedure.
(13) The provisions of this subsection shall not
affect chapter 51 of this title or any regulation
promulgated by the Secretary under chapter 51.
(14) As used in this subsection, the terms
``commercial motor vehicle'', ``employee'',
``employer'', and ``State'' have the meaning such terms
have under section 31132 of this title.
(15) Impoundment of commercial motor vehicles.--
(A) Enforcement of imminent hazard out-of-
service orders.--
(i) The Secretary, or an authorized
State official carrying out motor
carrier safety enforcement activities
under section 31102, may enforce an
imminent hazard out-of-service order
issued under chapters 5, 51, 131
through 149, 311, 313, or 315 of this
title, or a regulation promulgated
thereunder, by towing and impounding a
commercial motor vehicle until the
order is rescinded.
(ii) Enforcement shall not
unreasonably interfere with the ability
of a shipper, carrier, broker, or other
party to arrange for the alternative
transportation of any cargo or
passenger being transported at the time
the commercial motor vehicle is
immobilized. In the case of a
commercial motor vehicle transporting
passengers, the Secretary or authorized
State official shall provide
reasonable, temporary, and secure
shelter and accommodations for
passengers in transit.
(iii) The Secretary's designee or an
authorized State official carrying out
motor carrier safety enforcement
activities under section 31102, shall
immediately notify the owner of a
commercial motor vehicle of the
impoundment and the opportunity for
review of the impoundment. A review
shall be provided in accordance with
section 554 of title 5, except that the
review shall occur not later than 10
days after the impoundment.
(B) Issuance of regulations.--The Secretary
shall promulgate regulations on the use of
impoundment or immobilization of commercial
motor vehicles as a means of enforcing
additional out-of-service orders issued under
chapters 5, 51, 131 through 149, 311, 313, or
315 of this title, or a regulation promulgated
thereunder. Regulations promulgated under this
subparagraph shall include consideration of
public safety, the protection of passengers and
cargo, inconvenience to passengers, and the
security of the commercial motor vehicle.
(C) Definition.--In this paragraph, the term
``impoundment'' or ``impounding'' means the
seizing and taking into custody of a commercial
motor vehicle or the immobilizing of a
commercial motor vehicle through the attachment
of a locking device or other mechanical or
electronic means.
524. Evasion of regulation of motor carriers
A person, or an officer, employee, or agent of that person,
that by any means [knowingly and willfully] tries to evade
regulation of motor carriers under this chapter, chapter 51,
subchapter III of chapter 311 (except sections 31138 and 31139)
or section 31302, 31303, 31304, 31305(b), 31310(g)(1)(A), or
31502 of this title, or a regulation issued under any of those
provisions, shall be fined at least [$200 but not more than
$500] $2,000 but not more than $5,000 for the first violation
and at least [$250 but not more than $2,000] $2,500 but not
more than $7,500 for a subsequent violation.
525. Disobedience to [subpenas] subpoenas
A motor carrier, motor carrier of migrant workers, or motor
private carrier not obeying a [subpena] subpoena or requirement
of the Secretary of Transportation under this chapter to appear
and testify or produce records shall be fined at least [$100]
$1,000 but not more than [$5,000] $10,000, imprisoned for not
more than one year, or both. The Secretary may withhold,
suspend, amend, or revoke any part of the registration of a
person required to register under chapter 139 for failing to
obey a subpoena or requirement of the Secretary under this
chapter to appear and testify or produce records.
SUBTITLE III. GENERAL AND INTERMODAL PROGRAMS
CHAPTER 51. TRANSPORTATION OF HAZARDOUS MATERIAL
5121. Administrative
(a) General Authority.--To carry out this chapter, the
Secretary may investigate, conduct tests, make reports, issue
subpenas, conduct hearings, require the production of records
and property, take depositions, and conduct research,
development, demonstration, and training activities. Except as
provided in subsections (c) and (d), after notice and an
opportunity for a hearing, the Secretary may issue an order
requiring compliance with this chapter or a regulation
prescribed, or an order, special permit, or approval issued,
under this chapter.
(b) Records, Reports, and Information.--A person subject to
this chapter shall--
(1) maintain records and property, make reports, and
provide information the Secretary by regulation or
order requires; and
(2) make the records, property, reports, and
information available for inspection when the Secretary
undertakes an investigation or makes a request.
(c) Inspections and Investigations.--
(1) In general.--A designated officer, employee, or
agent of the Secretary--
(A) may inspect and investigate, at a
reasonable time and in a reasonable manner,
records and property relating to a function
described in section 5103(b)(1);
(B) except in the case of packaging
immediately adjacent to its hazardous material
contents, may gain access to, open, and examine
a package offered for, or in, transportation
when the officer, employee, or agent has an
objectively reasonable and articulable belief
that the package may contain a hazardous
material;
(C) may remove from transportation a package
or related packages in a shipment offered for
or in transportation for which--
(i) such officer, employee, or agent
has an objectively reasonable and
articulable belief that the package may
pose an imminent hazard; and
(ii) such officer, employee, or agent
contemporaneously documents such belief
in accordance with procedures set forth
in guidance or regulations prescribed
under subsection (e);
(D) may gather information from the offeror,
carrier, packaging manufacturer or tester, or
other person responsible for the package, to
ascertain the nature and hazards of the
contents of the package;
(E) as necessary, under terms and conditions
specified by the Secretary, may order the
offeror, carrier, packaging manufacturer or
tester, or other person responsible for the
package to have the package transported to,
opened, and the contents examined and analyzed,
at a facility appropriate for the conduct of
such examination and analysis; and
(F) when safety might otherwise be
compromised, may authorize properly qualified
personnel to assist in the activities conducted
under this subsection.
(2) Display of credentials.--An officer, employee, or
agent acting under this subsection shall display proper
credentials, in person or in writing, when requested.
(3) Safe resumption of transportation.--In instances
when, as a result of an inspection or investigation
under this subsection, an imminent hazard is not found
to exist, the Secretary, in accordance with procedures
set forth in regulations prescribed under subsection
(e), shall assist--
(A) in the safe and prompt resumption of
transportation of the package concerned; or
(B) in any case in which the hazardous
material being transported is perishable, in
the safe and expeditious resumption of
transportation of the perishable hazardous
material.
* * * * * * *
CHAPTER 55. INTERMODAL TRANSPORTATION
SUBCHAPTER III. FINANCIAL ASSISTANCE
5581. National freight infrastructure investment grants.
(a) Establishment of Program.--The Secretary of
Transportation shall establish a competitive grant program to
provide financial assistance for capital investments that
improve the efficiency of the national transportation system to
move freight.
(b) Eligible Projects.--An applicant is eligible for a grant
under this section for--
(1) a port development or improvement project;
(2) a multimodal terminal facility project;
(3) a land port of entry project;
(4) a freight rail improvement or capacity expansion
project;
(5) an intelligent transportation system project
primarily for freight benefit that reduces congestion
or improves safety;
(6) a project that improves access to a port or
terminal facility;
(7) a highway project to reduce congestion or improve
safety; or
(8) planning, preparation, or design of any project
described in paragraph (1), (2), (3), (4), (5), (6), or
(7).
(c) Project Selection Criteria.--In determining whether to
award a grant to an eligible applicant under this section, the
Secretary shall consider the extent to which the project--
(1) supports the objectives of the National Surface
Transportation and Freight Performance Plan developed
under section 304;
(2) leverages Federal investment by encouraging non-
Federal contributions to the project, including
contributions from public-private partnerships;
(3) improves the mobility of goods and commodities;
(4) incorporates new and innovative technologies,
including freight-related intelligent transportation
systems;
(5) improves energy efficiency or reduces greenhouse
gas emissions;
(6) helps maintain or protect the environment,
including reducing air and water pollution;
(7) reduces congestion;
(8) improves the condition of the freight
infrastructure, including bringing it into a state of
good repair;
(9) improves safety, including reducing
transportation accidents, injuries, and fatalities;
(10) demonstrates that the proposed project cannot be
readily and efficiently realized without Federal
support and participation; and
(11) enhances national or regional economic
development, growth, and competitiveness.
(d) Priority.--The Secretary shall give priority to projects
that have the highest system performance improvement relative
to their benefit-cost analysis, as measured by the tools
developed under section 1204 of the Surface Transportation and
Freight Policy Act of 2011 and those that support domestic
manufacturing of goods.
(e) Letters of Intent.--
(1) In general.--The Secretary may issue a letter of
intent to an applicant announcing an intention to
obligate, for a major capital project under this
section, an amount from future available budget
authority specified in law that is not more than the
amount stipulated as the financial participation of the
Secretary in the project.
(2) Written notice.--Not later than 30 days before
issuing a letter under paragraph (1), the Secretary
shall provide written notice of the proposed letter or
agreement to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives. The Secretary shall include with the
notification a copy of the proposed letter or
agreement, the criteria used under subsection (c) for
selecting the project for a grant award, and a
description of how the project meets such criteria.
(3) Subject to availability of funds.--An obligation
or administrative commitment may be made only when
amounts are made available. Each letter of intent shall
state that the contingent commitment is not an
obligation of the Federal Government, and is subject to
the availability of funds under Federal law and to
Federal laws in force or enacted after the date of the
contingent commitment.
(f) Federal Share of Net Project Cost.--
(1) In general.--Based on engineering studies,
studies of economic feasibility, and information on the
expected use of equipment or facilities, the Secretary
shall estimate the net project cost.
(2) Federal share.--The Federal share of a grant for
the project shall not exceed 80 percent of the project
net capital cost.
(3) Priority.--The Secretary shall give priority in
allocating future obligations and contingent
commitments to incur obligations to grant requests
seeking a lower Federal share of the project net
capital cost.
(g) Cooperative Agreements.--
(1) In general.--An applicant may enter into an
agreement with any public, private, or nonprofit entity
to cooperatively implement any project funded with a
grant under this subchapter.
(2) Forms of participation.--Participation by an
entity under paragraph (1) may consist of--
(A) ownership or operation of any land,
facility, vehicle, or other physical asset
associated with the project;
(B) cost-sharing of any project expense or
non-Federal share of the project cost,
including in kind contributions;
(C) carrying out administration, construction
management, project management, project
operation, or any other management or
operational duty associated with the project;
and
(D) any other form of participation approved
by the Secretary.
(h) Oversight Program.--
(1) Establishment.--
(A) In general.--The Secretary shall
establish an oversight program to monitor the
effective and efficient use of funds authorized
to carry out this section.
(B) Minimum requirement.--At a minimum, the
oversight program shall be responsive to all
areas relating to financial integrity and
project delivery.
(2) Financial integrity.--
(A) Financial management systems.--The
Secretary shall perform annual reviews that
address elements of the applicant's financial
management systems that affect projects
approved under subsection (a).
(B) Project costs.--The Secretary shall
develop minimum standards for estimating
project costs and shall periodically evaluate
the practices of applicants for estimating
project costs, awarding contracts, and reducing
project costs.
(3) Project delivery.--The Secretary shall perform
annual reviews that address elements of the project
delivery system of an applicant, which elements include
1 or more activities that are involved in the life
cycle of a project from conception to completion of the
project.
(4) Responsibility of the applicants.--
(A) In general.--Each applicant shall submit
to the Secretary for approval such plans,
specifications, and estimates for each proposed
project as the Secretary may require.
(B) Applicant subrecipients.--The applicant
shall be responsible for determining that a
subrecipient of Federal funds under this
section--
(i) has adequate project delivery
systems for projects approved under
this section; and
(ii) has sufficient accounting
controls to properly manage such
Federal funds.
(C) Periodic review.--The Secretary shall
periodically review the monitoring of
subrecipients by the applicant.
(5) Specific oversight responsibilities.--Nothing in
this section shall affect or discharge any oversight
responsibility of the Secretary specifically provided
for under this title or other Federal law.
(i) Major Projects.--
(1) In general.--A recipient of a grant for a project
under this section with an estimated total cost of
$500,000,000 or more, and a recipient for such other
projects as may be identified by the Secretary, shall
submit to the Secretary for each project--
(A) a project management plan; and
(B) an annual financial plan.
(2) Project management plan.--A project management
plan shall document--
(A) the procedures and processes that are in
effect to provide timely information to the
project decisionmakers to effectively manage
the scope, costs, schedules, and quality of,
and the Federal requirements applicable to, the
project; and
(B) the role of the agency leadership and
management team in the delivery of the project.
(3) Financial plan.--A financial plan shall--
(A) be based on detailed estimates of the
cost to complete the project; and
(B) provide for the annual submission of
updates to the Secretary that are based on
reasonable assumptions, as determined by the
Secretary, of future increases in the cost to
complete the project.
(j) Other Projects.--A recipient of Federal financial
assistance for a project under this title with an estimated
total cost of $100,000,000 or more that is not covered by
subsection (i) shall prepare an annual financial plan. Annual
financial plans prepared under this subsection shall be made
available to the Secretary for review upon the request of the
Secretary.
(k) Other Terms and Conditions.--The Secretary shall
determine what additional grant terms and conditions are
necessary and appropriate to meet the requirements of this
section.
(l) Regulations.--Not later than 1 year after the date of
enactment of the Surface Transportation and Freight Policy Act
of 2011, the Secretary shall prescribe regulations to implement
this section.
(m) Applicant Defined.--In this subchapter, the term
``applicant'' includes a State, a political subdivision of a
State, a metropolitan planning organization, government-
sponsored authorities and corporations, and the District of
Columbia.
(n) Secretarial Oversight.--
(1) In general.--The Secretary may use not more than
1 percent of amounts made available in a fiscal year
for capital projects under this subchapter to enter
into contracts to oversee the construction of such
projects.
(2) Permissible uses.--The Secretary may use amounts
available under paragraph (1) to make contracts for
safety, procurement, management, and financial
compliance reviews and audits of a recipient of amounts
under paragraph (1).
(3) Cost.--The Federal Government shall pay the
entire cost of carrying out a contract under this
subsection.
SUBTITLE IV. INTERSTATE TRANSPORTATION
PART A. RAIL
CHAPTER 109. LICENSING
10903. Filing and procedure for application to abandon or discontinue
(a) (1) A rail carrier providing transportation subject to
the jurisdiction of the Board under this part who intends to--
(A) abandon any part of its railroad lines;
or
(B) discontinue the operation of all rail
transportation over any part of its railroad
lines, must file an application relating
thereto with the Board. An abandonment or
discontinuance may be carried out only as
authorized under this chapter.
(2) When a rail carrier providing transportation
subject to the jurisdiction of the Board under this
part files an application, the application shall
include--
(A) an accurate and understandable summary of
the rail carrier's reasons for the proposed
abandonment or discontinuance;
(B) a statement indicating that each
interested person is entitled to make
recommendations to the Board on the future of
the rail line; and
(C) (i) a statement that the line is
available for subsidy or sale in accordance
with section 10904 of this title, (ii) a
statement that the rail carrier will promptly
provide to each interested party an estimate of
the annual subsidy and minimum purchase price,
calculated in accordance with section 10904 of
this title, and (iii) the name and business
address of the person who is authorized to
discuss the subsidy or sale terms for the rail
carrier.
(3) The rail carrier shall--
(A) send by certified mail notice of the
application to the chief executive officer of
each State that would be directly affected by
the proposed abandonment or discontinuance;
(B) post a copy of the notice in each
terminal and station on each portion of a
railroad line proposed to be abandoned or over
which all transportation is to be discontinued;
(C) publish a copy of the notice for 3
consecutive weeks in a newspaper of general
circulation in each county in which each such
portion is located;
(D) mail a copy of the notice, to the extent
practicable, to all shippers that have made
significant use (as designated by the Board) of
the railroad line during the 12 months
preceding the filing of the application; and
(E) attach to the application filed with the
Board an affidavit certifying the manner in
which subparagraphs (A) through (D) of this
paragraph have been satisfied, and certifying
that subparagraphs (A) through (D) have been
satisfied within the most recent 30 days prior
to the date the application is filed.
(b) (1) Except as provided in subsection (d), abandonment and
discontinuance may occur as provided in section 10904.
(2) The Board shall require as a condition of any
abandonment or discontinuance under this section
provisions to protect the interests of employees. The
provisions shall be at least as beneficial to those
interests as the provisions established under sections
11326(a) and [24706(c) of this title] 24706(c) of this
title before May 31, 1998.
* * * * * * *
PART B. MOTOR CARRIERS, WATER CARRIERS, BROKERS, AND FREIGHT FORWARDERS
CHAPTER 135. JURISDICTION
SUBCHAPTER I. MOTOR CARRIER TRANSPORTATION
13506. Miscellaneous motor carrier transportation exemptions
(a) In General.--Neither the Secretary nor the Board has
jurisdiction under this part over--
(1) a motor vehicle transporting only school children
and teachers to or from school;
(2) a motor vehicle providing taxicab service;
(3) a motor vehicle owned or operated by or for a
hotel and only transporting hotel patrons between the
hotel and the local station of a carrier;
(4) a motor vehicle controlled and operated by a
farmer and transporting--
(A) the farmer's agricultural or
horticultural commodities and products; or
(B) supplies to the farm of the farmer;
(5) a motor vehicle controlled and operated by a
cooperative association (as defined by section 15(a) of
the Agricultural Marketing Act (12 U.S.C. 1141j(a))) or
by a federation of cooperative associations if the
federation has no greater power or purposes than a
cooperative association, except that if the cooperative
association or federation provides transportation for
compensation between a place in a State and a place in
another State, or between a place in a State and
another place in the same State through another State--
(A) for a nonmember that is not a farmer,
cooperative association, federation, or the
United States Government, the transportation
(except for transportation otherwise exempt
under this subchapter)--
(i) shall be limited to
transportation incidental to the
primary transportation operation of the
cooperative association or federation
and necessary for its effective
performance; and
(ii) may not exceed in each fiscal
year 25 percent of the total
transportation of the cooperative
association or federation between those
places, measured by tonnage; and
(B) the transportation for all nonmembers may
not exceed in each fiscal year, measured by
tonnage, the total transportation between those
places for the cooperative association or
federation and its members during that fiscal
year;
(6) transportation by motor vehicle of--
(A) ordinary livestock;
(B) agricultural or horticultural commodities
(other than manufactured products thereof);
(C) commodities listed as exempt in the
Commodity List incorporated in ruling numbered
107, March 19, 1958, Bureau of Motor Carriers,
Interstate Commerce Commission, other than
frozen fruits, frozen berries, frozen
vegetables, cocoa beans, coffee beans, tea,
bananas, or hemp, or wool imported from a
foreign country, wool tops and noils, or wool
waste (carded, spun, woven, or knitted);
(D) cooked or uncooked fish, whether breaded
or not, or frozen or fresh shellfish, or
byproducts thereof not intended for human
consumption, other than fish or shellfish that
have been treated for preserving, such as
canned, smoked, pickled, spiced, corned, or
kippered products; and
(E) livestock and poultry feed and
agricultural seeds and plants, if such products
(excluding products otherwise exempt under this
paragraph) are transported to a site of
agricultural production or to a business
enterprise engaged in the sale to agricultural
producers of goods used in agricultural
production;
(7) a motor vehicle used only to distribute
newspapers;
(8) (A) transportation of passengers by motor vehicle
incidental to transportation by aircraft;
(B) transportation of property (including
baggage) by motor vehicle as part of a
continuous movement which, prior or subsequent
to such part of the continuous movement, has
been or will be transported by an air carrier
or (to the extent so agreed by the United
States and approved by the Secretary) by a
foreign air carrier; or
(C) transportation of property by motor
vehicle in lieu of transportation by aircraft
because of adverse weather conditions or
mechanical failure of the aircraft or other
causes due to circumstances beyond the control
of the carrier or shipper;
(9) the operation of a motor vehicle in a national
park or national monument;
(10) a motor vehicle carrying not more than 15
individuals in a single, daily roundtrip to commute to
and from work;
(11) transportation of used pallets and used empty
shipping containers (including intermodal cargo
containers), and other used shipping devices (other
than containers or devices used in the transportation
of motor vehicles or parts of motor vehicles);
(12) transportation of natural, crushed, vesicular
rock to be used for decorative purposes;
(13) transportation of wood chips; or
[(14) brokers for motor carriers of passengers,
except as provided in section 13904(d); or]
[(15)] (14) transportation of broken, crushed, or
powdered glass.
* * * * * * *
CHAPTER 139. REGISTRATION
13902. Registration of motor carriers
(a) Motor Carrier Generally.--
[(1) In general.--Except as provided in this section,
the Secretary shall register a person to provide
transportation subject to jurisdiction under subchapter
I of chapter 135 of this title as a motor carrier if
the Secretary finds that the person is willing and able
to comply with--
[(A) this part and the applicable regulations
of the Secretary and the Board;
[(B)
[(i) any safety regulations imposed
by the Secretary;
[(ii) the duties of employers and
employees established by the Secretary
under section 31135; and
[(iii) the safety fitness
requirements established by the
Secretary under section 31144;
[(C) the accessibility requirements
established by the Secretary under subpart H of
part 37 of title 49, Code of Federal
Regulations, or such successor regulations to
those accessibility requirements as the
Secretary may issue, for transportation
provided by an over-the-road bus; and
[(D) the minimum financial responsibility
requirements established by the Secretary
pursuant to sections 13906 and 31138.]
(1) In general.--Except as otherwise provided in this
section, the Secretary of Transportation may not
register a person to provide transportation subject to
jurisdiction under subchapter I of chapter 135 as a
motor carrier unless the Secretary determines that the
person--
(A) is willing and able to comply with--
(i) this part and the applicable
regulations of the Secretary and the
Board;
(ii) any safety regulations imposed
by the Secretary;
(iii) the duties of employers and
employees established by the Secretary
under section 31135;
(iv) the safety fitness requirements
established by the Secretary under
section 31144;
(v) the accessibility requirements
established by the Secretary under
subpart H of part 37 of title 49, Code
of Federal Regulations (or successor
regulations), for transportation
provided by an over-the-road bus; and
(vi) the minimum financial
responsibility requirements established
by the Secretary under sections 13906,
31138, and 31139;
(B) has submitted a comprehensive management
plan documenting that the person has management
systems in place to ensure compliance with
safety regulations imposed by the Secretary;
(C) has disclosed any relationship involving
common ownership, common management, common
control, or common familial relationship
between that person and any other motor
carrier, freight forwarder, or broker, or any
other applicant for motor carrier, freight
forwarder, or broker registration, or a
successor (as that term is defined under
section 31153), if the relationship occurred in
the 5-year period preceding the date of the
filing of the application for registration; and
(D) after the Secretary establishes a written
proficiency examination pursuant to section
101(b) of the Commercial Motor Vehicle Safety
Enhancement Act of 2011, has passed the written
proficiency examination.
(2) Additional registration requirements for
household goods motor carriers.--In addition to meeting
the requirements of paragraph (1), the Secretary may
register a person to provide transportation of
household goods as a household goods motor carrier only
after that person--
(A) provides evidence of participation in an
arbitration program and provides a copy of the
notice of the arbitration program as required
by section 14708(b)(2);
(B) identifies its tariff and provides a copy
of the notice of the availability of that
tariff for inspection as required by [section
13702(c);] section 13702(c); and
[(C) provides evidence that it has access to,
has read, is familiar with, and will observe
all applicable Federal laws relating to
consumer protection, estimating, consumers'
rights and responsibilities, and options for
limitations of liability for loss and damage;
and]
(C) demonstrates, before being registered,
through successful completion of a proficiency
examination established by the Secretary,
knowledge and intent to comply with applicable
Federal laws relating to consumer protection,
estimating, consumers' rights and
responsibilities, and options for limitations
of liability for loss and damage.
[(D) discloses any relationship involving
common stock, common ownership, common
management, or common familial relationships
between that person and any other motor
carrier, freight forwarder, or broker of
household goods within 3 years of the proposed
date of registration.]\1\
---------------------------------------------------------------------------
\1\ The amendments to paragraph (2) take effect 2 years after the
date of enactment of the Commercial Motor Vehicle Safety Enhancement
Act of 2011.
---------------------------------------------------------------------------
(3) Consideration of evidence; findings.--The
Secretary shall consider, and to the extent applicable,
make findings on any evidence demonstrating that the
registrant is unable to comply with any applicable
requirement of paragraph (1) or, in the case of a
registrant to which paragraph (2) applies, paragraph
(1) or (2).
(4) Withholding.--If the Secretary determines that a
registrant under this section does not meet, or is not
able to meet, any requirement of paragraph (1) or, in
the case of a registrant to which paragraph (2)
applies, paragraph (1) or (2), the Secretary shall
withhold registration.
(5) Limitation on complaints.--The Secretary may hear
a complaint from any person concerning a registration
under this subsection only on the ground that the
registrant fails or will fail to comply with this part,
the applicable regulations of the Secretary and the
Board (including the accessibility requirements
established by the Secretary under subpart H of part 37
of title 49, Code of Federal Regulations, or such
successor regulations to those accessibility
requirements as the Secretary may issue, for
transportation provided by an over-the-road bus), the
safety regulations of the Secretary, or the safety
fitness or minimum financial responsibility
requirements of paragraph (1) of this subsection. In
the case of a registration for the transportation of
household goods as a household goods motor carrier, the
Secretary may also hear a complaint on the ground that
the registrant fails or will fail to comply with the
requirements of paragraph (2) of this subsection.
(b) Motor Carriers of Passengers.--
(1) Additional registration requirements for
providers or motorcoach services.--In addition to
meeting the requirements under subsection (a)(1), the
Secretary may not register a person to provide
motorcoach services until after the person--
(A) undergoes a preauthorization safety
audit, including verification, in a manner
sufficient to demonstrate the ability to comply
with Federal rules and regulations, of--
(i) a drug and alcohol testing
program under part 40 of title 49, Code
of Federal Regulations;
(ii) the carrier's system of
compliance with hours-of-service rules,
including hours-of-service records;
(iii) the ability to obtain required
insurance;
(iv) driver qualifications, including
the validity of the commercial driver's
license of each driver who will be
operating under such authority;
(v) disclosure of common ownership,
common control, common management,
common familial relationship, or other
corporate relationship with another
motor carrier or applicant for motor
carrier authority during the past 3
years;
(vi) records of the State
inspections, or of a Level I or V
Commercial Vehicle Safety Alliance
Inspection, for all vehicles that will
be operated by the carrier;
(vii) safety management programs,
including vehicle maintenance and
repair programs; and
(viii) the ability to comply with the
Americans with Disabilities Act of 1990
(42 U.S.C. 12101 et seq.), and the
Over-the-Road Bus Transportation
Accessibility Act of 2007 (122 Stat.
2915);
(B) has been interviewed to review safety
management controls and the carrier's written
safety oversight policies and practices; and
(C) through the successful completion of a
written examination developed by the Secretary,
has demonstrated proficiency to comply with and
carry out the requirements and regulations
described in subsection (a)(1).
(2) Pre-authorization safety audit.--The pre-
authorization safety audit required under paragraph
(1)(A) shall be completed on-site not later than 90
days following the submission of an application for
operating authority.
(3) Fee.--The Secretary may establish, under section
9701 of title 31, a fee of not more than $1,200 for new
registrants that as nearly as possible covers the costs
of performing a preauthorization safety audit. Amounts
collected under this subsection shall be deposited in
the Highway Trust Fund (other than the Mass Transit
Account).
[(1)] (4) Registration of private recipients of
governmental assistance.--The Secretary shall register
under subsection (a)(1) a private recipient of
governmental assistance to provide special or charter
transportation subject to jurisdiction under subchapter
I of chapter 135 as a motor carrier of passengers if
the Secretary finds that the recipient meets the
requirements of subsection (a)(1), unless the Secretary
finds, on the basis of evidence presented by any person
objecting to the registration, that the transportation
to be provided pursuant to the registration is not in
the public interest.
[(2)] (5) Registration of public recipients of
governmental assistance.--
(A) Charter transportation.--The Secretary
shall register under subsection (a)(1) a public
recipient of governmental assistance to provide
special or charter transportation subject to
jurisdiction under subchapter I of chapter 135
as a motor carrier of passengers if the
Secretary finds that--
(i) the recipient meets the
requirements of subsection (a)(1); and
(ii) (I) no motor carrier of
passengers (other than a motor carrier
of passengers which is a public
recipient of governmental assistance)
is providing, or is willing to provide,
the transportation; or
(II) the transportation is to
be provided entirely in the
area in which the public
recipient provides regularly
scheduled mass transportation
services.
(B) Regular-route transportation.--The
Secretary shall register under subsection
(a)(1) a public recipient of governmental
assistance to provide regular-route
transportation subject to jurisdiction under
subchapter I of chapter 135 as a motor carrier
of passengers if the Secretary finds that the
recipient meets the requirements of subsection
(a)(1), unless the Secretary finds, on the
basis of evidence presented by any person
objecting to the registration, that the
transportation to be provided pursuant to the
registration is not in the public interest.
(C) Treatment of certain public recipients.--
Any public recipient of governmental assistance
which is providing or seeking to provide
transportation of passengers subject to
jurisdiction under subchapter I of chapter 135
shall, for purposes of this part, be treated as
a person which is providing or seeking to
provide transportation of passengers subject to
such jurisdiction.
[(3)] (6) Intrastate transportation by interstate
carriers.--A motor carrier of passengers that is
registered by the Secretary under subsection (a) is
authorized to provide regular-route transportation
entirely in one State as a motor carrier of passengers
if such intrastate transportation is to be provided on
a route over which the carrier provides interstate
transportation of passengers.
[(4)] (7) Preemption of State regulation regarding
certain service.--No State or political subdivision
thereof and no interstate agency or other political
agency of 2 or more States shall enact or enforce any
law, rule, regulation, standard or other provision
having the force and effect of law relating to the
provision of pickup and delivery of express packages,
newspapers, or mail in a commercial zone if the
shipment has had or will have a prior or subsequent
movement by bus in intrastate commerce and, if a city
within the commercial zone, is served by a motor
carrier of passengers providing regular-route
transportation of passengers subject to jurisdiction
under subchapter I of chapter 135.
[(5)] (8) Jurisdiction over certain intrastate
transportation.--Subject to section 14501(a), any
intrastate transportation authorized by this subsection
shall be treated as transportation subject to
jurisdiction under subchapter I of chapter 135 until
such time as the carrier takes such action as is
necessary to establish under the laws of such State
rates, rules, and practices applicable to such
transportation, but in no case later than the 30th day
following the date on which the motor carrier of
passengers first begins providing transportation
entirely in one State under this paragraph.
[(6)] (9) Special operations.--This subsection shall
not apply to any regular-route transportation of
passengers provided entirely in one State which is in
the nature of a special operation.
[(7)] (10) Suspension or revocation.--Intrastate
transportation authorized under this subsection may be
suspended or revoked by the Secretary under section
13905 of this title at any time.
[(8)] (11) Definitions.--In this subsection, the
following definitions apply:
(A) Public recipient of governmental
assistance.--The term ``public recipient of
governmental assistance'' means--
(i) any State,
(ii) any municipality or other
political subdivision of a State,
(iii) any public agency or
instrumentality of one or more States
and municipalities and political
subdivisions of a State,
(iv) any Indian tribe, and
(v) any corporation, board, or other
person owned or controlled by any
entity described in clause (i), (ii),
(iii), or (iv),
which before, on, or after January 1, 1996,
received governmental assistance for the
purchase or operation of any bus.
(B) Private recipient of government
assistance.--The term ``private recipient of
government assistance'' means any person (other
than a person described in subparagraph (A))
who before, on, or after January 1, 1996,
received governmental financial assistance in
the form of a subsidy for the purchase, lease,
or operation of any bus.\2\
---------------------------------------------------------------------------
\2\ The amendments to subsection (b) take effect 1 year after the
date of enactment of the Commercial Motor Vehicle Safety Enhancement
Act of 2011.
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(c) Restrictions on Motor Carriers Comiciled in or Owned or
Controlled by Nationals of a Contiguous Foreign Country.--
(1) Prevention of discriminatory practices.--If the
President, or the delegate thereof, determines that an
act, policy, or practice of a foreign country
contiguous to the United States, or any political
subdivision or any instrumentality of any such country
is unreasonable or discriminatory and burdens or
restricts United States transportation companies
providing, or seeking to provide, motor carrier
transportation to, from, or within such foreign
country, the President or such delegate may--
(A) seek elimination of such practices
through consultations; or
(B) notwithstanding any other provision of
law, suspend, modify, amend, condition, or
restrict operations, including geographical
restriction of operations, in the United States
by motor carriers of property or passengers
domiciled in such foreign country or owned or
controlled by persons of such foreign country.
(2) Equalization of treatment.--Any action taken
under paragraph (1)(A) to eliminate an act, policy, or
practice shall be so devised so as to equal to the
extent possible the burdens or restrictions imposed by
such foreign country on United States transportation
companies.
(3) Removal or modification.--The President, or the
delegate thereof, may remove or modify in whole or in
part any action taken under paragraph (1)(A) if the
President or such delegate determines that such removal
or modification is consistent with the obligations of
the United States under a trade agreement or with
United States transportation policy.
(4) Protection of existing operations.--Unless and
until the President, or the delegate thereof, makes a
determination under paragraph (1) or (3), nothing in
this subsection shall affect--
(A) operations of motor carriers of property
or passengers domiciled in any contiguous
foreign country or owned or controlled by
persons of any contiguous foreign country
permitted in the commercial zones along the
United States-Mexico border as such zones were
defined on December 31, 1995; or
(B) any existing restrictions on operations
of motor carriers of property or passengers
domiciled in any contiguous foreign country or
owned or controlled by persons of any
contiguous foreign country or any modifications
thereof pursuant to section 6 of the Bus
Regulatory Reform Act of 1982.
(5) Publication; comment.--Unless the President, or
the delegate thereof, determines that expeditious
action is required, the President shall publish in the
Federal Register any determination under paragraph (1)
or (3), together with a description of the facts on
which such a determination is based and any proposed
action to be taken pursuant to paragraph (1)(B) or (3),
and provide an opportunity for public comment.
(6) Delegation to Secretary.--The President may
delegate any or all authority under this subsection to
the Secretary, who shall consult with other agencies as
appropriate. In accordance with the directions of the
President, the Secretary may issue regulations to
enforce this subsection.
(7) Civil actions.--Either the Secretary or the
Attorney General may bring a civil action in an
appropriate district court of the United States to
enforce this subsection or a regulation prescribed or
order issued under this subsection. The court may award
appropriate relief, including injunctive relief.
(8) Limitation on statutory construction.--This
subsection shall not be construed as affecting the
requirement for all foreign motor carriers and foreign
motor private carriers operating in the United States
to comply with all applicable laws and regulations
pertaining to fitness, safety of operations, financial
responsibility, and taxes imposed by section 4481 of
the Internal Revenue Code of 1986.
(d) Transition Rule.--
(1) In general.--Pending the implementation of the
rulemaking required by section 13908, the Secretary may
register a person under this section--
(A) as a motor common carrier if such person
would have been issued a certificate to provide
transportation as a motor common carrier under
this subtitle on December 31, 1995; and
(B) as a motor contract carrier if such
person would have been issued a permit to
provide transportation as a motor contract
carrier under this subtitle on such day.
(2) Definitions.--In this subsection, the terms
``motor common carrier'' and ``motor contract carrier''
have the meaning such terms had under section 10102 as
such section was in effect on December 31, 1995.
(3) Termination.--This subsection shall cease to be
in effect on the transition termination date.
(e) Penalties for Failure to Comply with Registration
Requirements.--In addition to other penalties available under
law, motor carriers that fail to register their operations as
required by this section or that operate beyond the scope of
their registrations may be subject to the following penalties:
(1) Out-of-service orders.--If, upon inspection or
investigation, the Secretary determines that a [motor
vehicle] motor carrier providing transportation
requiring registration under this section is operating
without a registration or beyond the scope of its
registration, the Secretary may [order the vehicle]
order the motor carrier operations out-of-service.
Subsequent to the issuance of the out-of-service order,
the Secretary shall provide an opportunity for review
in accordance with section 554 of title 5, United
States Code; except that such review shall occur not
later than 10 days after issuance of such order.
(2) Permission for operations.--A person domiciled in
a country contiguous to the United States with respect
to which an action under subsection (c)(1)(A) or
(c)(1)(B) is in effect and providing transportation for
which registration is required under this section shall
maintain evidence of such registration in the motor
vehicle when the person is providing the
transportation. The Secretary shall not permit the
operation in interstate commerce in the United States
of any motor vehicle in which there is not a copy of
the registration issued pursuant to this section.
(f) Modification of Carrier Registration.--
(1) In general.--On and after the transition
termination date, the Secretary--
(A) may not register a motor carrier under
this section as a motor common carrier or a
motor contract carrier;
(B) shall register applicants under this
section as motor carriers; and
(C) shall issue any motor carrier registered
under this section after that date a motor
carrier certificate of registration that
specifies whether the holder of the certificate
may provide transportation of persons,
household goods, other property, or any
combination thereof.
(2) Pre-existing certificates and permits.--The
Secretary shall redesignate any motor carrier
certificate or permit issued before the transition
termination date as a motor carrier certificate of
registration. On and after the transition termination
date, any person holding a motor carrier certificate of
registration redesignated under this paragraph may
provide both contract carriage (as defined in section
13102(4)(B)) and transportation under terms and
conditions meeting the requirements of section
13710(a)(1). The Secretary may not, pursuant to any
regulation or form issued before or after the
transition termination date, make any distinction among
holders of motor carrier certificates of registration
on the basis of whether the holder would have been
classified as a common carrier or as a contract carrier
under--
(A) subsection (d) of this section, as that
section was in effect before the transition
termination date; or
(B) any other provision of this title that
was in effect before the transition termination
date.
(3) Transition termination date defined.--In this
section, the term ``transition termination date'' means
the first day of January occurring more than 12 months
after the date of enactment of the Unified Carrier
Registration Act of 2005.
(g) Motor Carrier Defined.--In this section and sections
13905 and 13906, the term ``motor carrier'' includes foreign
motor private carriers.
(h) Update of Registration.--The Secretary may require a
registrant to update its registration under this section
periodically or not later than 30 days after a change in the
registrant's address, other contact information, officers,
process agent, or other essential information, as determined by
the Secretary.
13903. Registration of freight forwarders
(a) In General.--The Secretary shall register a person to
provide service subject to jurisdiction under subchapter III of
chapter 135 as a freight forwarder if the Secretary finds that
the person is fit, willing, and able to provide the service and
to comply with this part and applicable regulations of the
Secretary and the Board.
(b) Registration as Carrier Required.--The freight forwarder
may provide transportation as the carrier itself only if the
freight forwarder also has registered to provide transportation
as a carrier under this chapter.
(c) Update of Registration.--The Secretary may require a
freight forwarder to update its registration under this section
periodically or not later than 30 days after a change in the
freight forwarder's address, other contact information,
officers, process agent, or other essential information, as
determined by the Secretary.
13904. Registration of brokers
(a) In General.--The Secretary shall register, subject to
section 13906(b), a person to be a broker for transportation
[of property] subject to jurisdiction under subchapter I of
chapter 135, if the Secretary finds that the person is fit,
willing, and able to be a broker for transportation and to
comply with this part and applicable regulations of the
Secretary.
(b) Registration as Carrier Required.--
(1) In general.--The broker may provide the
transportation itself only if the broker also has been
registered to provide the transportation as a motor
carrier under this chapter.
(2) Limitation.--This subsection does not apply to a
motor carrier registered under this chapter or to an
employee or agent of the motor carrier to the extent
the transportation is to be provided entirely by the
motor carrier, with other registered motor carriers, or
with rail or water carriers.
(c) Regulations to Protect Shippers.--Regulations of the
Secretary applicable to brokers registered under this section
shall provide for the protection of shippers by motor vehicle.
(d) Bond and Insurance.--The Secretary may impose on brokers
for motor carriers of passengers such requirements for bonds or
insurance or both as the Secretary determines are needed to
protect passengers and carriers dealing with such brokers.
(e) Update of Registration.--The Secretary may require a
broker to update its registration under this section
periodically or not later than 30 days after a change in the
broker's address, other contact information, officers, process
agent, or other essential information, as determined by the
Secretary.
13905. Effective periods of registration
(a) Person Holding ICC Authority.--Any person having
authority to provide transportation or service as a motor
carrier, freight forwarder, or broker under this title, as in
effect on December 31, 1995, shall be deemed, for purposes of
this part, to be registered to provide such transportation or
service under this part.
(b) Person Registered with Secretary.--
(1) In general.--Except as provided in paragraph (2),
any person having registered with the Secretary to
provide transportation or service as a motor carrier or
motor private carrier under this title, as in effect on
January 1, 2005, but not having registered pursuant to
section 13902(a), shall be treated, for purposes of
this part, to be registered to provide such
transportation or service for purposes of sections
13908 and 14504a.
(2) Exclusively intrastate operators.--Paragraph (1)
does not apply to a motor carrier or motor private
carrier (including a transporter of waste or recyclable
materials) engaged exclusively in intrastate
transportation operations.
(c) In General.--Except as otherwise provided in this part,
each registration issued under section 13902, 13903, or 13904
shall be effective from the date specified by the Secretary and
shall remain in effect for such period as the Secretary
determines appropriate by regulation.
(d) Suspension, Amendments, and Revocations.--
[(1) In general.--On application of the registrant,
the Secretary may amend or revoke a registration. On
complaint or on the Secretary's own initiative and
after notice and an opportunity for a proceeding, the
Secretary may (A) suspend, amend, or revoke any part of
the registration of a motor carrier, broker, or freight
forwarder for willful failure to comply with this part,
an applicable regulation or order of the Secretary or
of the Board (including the accessibility requirements
established by the Secretary under subpart H of part 37
of title 49, Code of Federal Regulations, or such
successor regulations to those accessibility
requirements as the Secretary may issue, for
transportation provided by an over-the-road bus), or a
condition of its registration; and (B) suspend, amend,
or revoke any part of the registration of a motor
carrier, broker, or freight forwarder: (i) for failure
to pay a civil penalty imposed under chapter 5, 51,
149, or 311 of this title; or (ii) for failure to
arrange and abide by an acceptable payment plan for
such civil penalty, within 90 days of the time
specified by order of the Secretary for the payment of
such penalty. Subparagraph (B) shall not apply to any
person who is unable to pay a civil penalty because
such person is a debtor in a case under chapter 11 of
title 11, United States Code.]
(1) Applications.--On application of the registrant,
the Secretary may amend or revoke a registration.
(2) Complaints and actions on secretary's own
initiative.--On complaint or on the Secretary's own
initiative and after notice and an opportunity for a
proceeding, the Secretary may--
(A) suspend, amend, or revoke any part of the
registration of a motor carrier, foreign motor
carrier, foreign motor private carrier, broker,
or freight forwarder for willful failure to
comply with--
(i) this part;
(ii) an applicable regulation or
order of the Secretary or the Board,
including the accessibility
requirements established by the
Secretary under subpart H of part 37 of
title 49, Code of Federal Regulations
(or successor regulations), for
transportation provided by an over-the-
road bus; or
(iii) a condition of its
registration;
(B) withhold, suspend, amend, or revoke any
part of the registration of a motor carrier,
foreign motor carrier, foreign motor private
carrier, broker, or freight forwarder for
failure--
(i) to pay a civil penalty imposed
under chapter 5, 51, 149, or 311;
(ii) to arrange and abide by an
acceptable payment plan for such civil
penalty, not later than 90 days after
the date specified by order of the
Secretary for the payment of such
penalty; or
(iii) for failure to obey a subpoena
issued by the Secretary;
(C) withhold, suspend, amend, or revoke any
part of a registration of a motor carrier,
foreign motor carrier, foreign motor private
carrier, broker, or freight forwarder following
a determination by the Secretary that the motor
carrier, broker, or freight forwarder failed to
disclose, in its application for registration,
a material fact relevant to its willingness and
ability to comply with--
(i) this part;
(ii) an applicable regulation or
order of the Secretary or the Board; or
(iii) a condition of its
registration; or
(D) withhold, suspend, amend, or revoke any
part of a registration of a motor carrier,
foreign motor carrier, foreign motor private
carrier, broker, or freight forwarder if the
Secretary finds that--
(i) the motor carrier, broker, or
freight forwarder is or was related
through common ownership, common
management, common control, or common
familial relationship to any other
motor carrier, broker, or freight
forwarder, or any other applicant for
motor carrier, broker, or freight
forwarder registration that the
Secretary determines is or was
unwilling or unable to comply with the
relevant requirements listed in section
13902, 13903, or 13904; or
(ii) the person is the successor, as
defined in section 31153, to a person
who is or was unwilling or unable to
comply with the relevant requirements
of section 13902, 13903, or 13904.
(3) Limitation.--Paragraph (2)(B) shall not apply to
a person who is unable to pay a civil penalty because
the person is a debtor in a case under chapter 11 of
title 11.
[(2)] (4) Regulations.--Not later than 12 months
after the date of the enactment of this paragraph, the
Secretary, after notice and opportunity for public
comment, shall issue regulations to provide for the
suspension, amendment, or revocation of a registration
under this part for failure to pay a civil penalty as
provided in [paragraph (1)(B)] paragraph (2)(B).
(e) Procedure.--Except on application of the registrant, or
if the Secretary determines that the registrant failed to
disclose a material fact in an application for registration in
accordance with subsection (d)(2)(C), the Secretary may revoke
a registration of a motor carrier, freight forwarder, or
broker, only after--
(1) the Secretary has issued an order to the
registrant under section 14701 requiring compliance
with this part, a regulation of the Secretary, or a
condition of the registration; and
(2) the registrant willfully does not comply with the
order for a period of 30 days.
(f) Expedited Procedure.--
(1) Protection of safety.--Notwithstanding subchapter
II of chapter 5 of title 5, the Secretary--
(A) may suspend the registration of a motor
carrier, a freight forwarder, or a broker for
failure to comply with requirements of the
Secretary pursuant to section 13904(c) or 13906
or an order or regulation of the Secretary
prescribed under those sections; and
(B) shall revoke the registration of a motor
carrier that has been prohibited from operating
in interstate commerce for failure to comply
with the safety fitness requirements of section
31144.
[(2) Imminent hazard to public health.--Without
regard to subchapter II of chapter 5 of title 5, the
Secretary shall revoke the registration of a motor
carrier of passengers if the Secretary finds that such
carrier has been conducting unsafe operations which are
an imminent hazard to public health or property.]
(2) Imminent hazard to public health.--
Notwithstanding subchapter II of chapter 5 of title 5,
the Secretary shall revoke the registration of a motor
carrier if the Secretary finds that the carrier is or
was conducting unsafe operations that are or were an
imminent hazard to public health or property.
(3) Notice; period of suspension.--The Secretary may
suspend or revoke under this subsection the
registration only after giving notice of the suspension
or revocation to the registrant. A suspension remains
in effect until the registrant complies with the
applicable sections or, in the case of a suspension
under paragraph (2), until the Secretary revokes the
suspension.
13908. Registration and other reforms
(a) Establishment of Unified Carrier Registration System.--
The Secretary, in cooperation with the States, representatives
of the motor carrier, motor private carrier, freight forwarder,
and broker industries and after notice and opportunity for
public comment, shall issue within 1 year after the date of
enactment of the Unified Carrier Registration Act of 2005
regulations to establish an online Federal registration system,
to be named the ``Unified Carrier Registration System'', to
replace--
(1) the current Department of Transportation
identification number system, the single State
registration system under section 14504;
(2) the registration system contained in this chapter
and the financial responsibility information system
under section 13906; and
(3) the service of process agent systems under
sections 503 and 13304.
(b) Role as Clearinghouse and Depository of Information.--The
Unified Carrier Registration System shall serve as a
clearinghouse and depository of information on, and
identification of, all foreign and domestic motor carriers,
motor private carriers, brokers, freight forwarders, and others
required to register with the Department of Transportation,
including information with respect to a carrier's safety
rating, compliance with required levels of financial
responsibility, and compliance with the provisions of section
14504a. The Secretary shall ensure that Federal agencies,
States, representatives of the motor carrier industry, and the
public have access to the Unified Carrier Registration System,
including the records and information contained in the System.
(c) Procedures for Correcting Information.--Not later than 60
days after the effective date of this section, the Secretary
shall prescribe regulations establishing procedures that enable
a motor carrier to correct erroneous information contained in
any part of the Unified Carrier Registration System.
(d) Fee System.--The Secretary shall establish, under section
9701 of title 31, a fee system for the Unified Carrier
Registration System according to the following guidelines:
(1) Registration and filing evidence of financial
responsibility.--The fee for new registrants shall as
nearly as possible cover the costs of processing the
registration [but shall not exceed $300].
(2) Evidence of financial responsibility.--The fee
for filing evidence of financial responsibility
pursuant to this section shall not exceed $10 per
filing. No fee shall be charged for a filing for
purposes of designating an agent for service of process
or the filing of other information relating to
financial responsibility.
(3) Access and retrieval fees.--
(A) In general.--Except as provided in
subparagraph (B), the fee system shall include
a nominal fee for the access to or retrieval of
information from the Unified Carrier
Registration System to cover the costs of
operating and upgrading the System, including
the personnel costs incurred by the Department
and the costs of administration of the unified
carrier registration agreement.
(B) Exceptions.--There shall be no fee
charged under this paragraph--
(i) to any agency of the Federal
Government or a State government or any
political subdivision of any such
government for the access to or
retrieval of information and data from
the Unified Carrier Registration System
for its own use; or
(ii) to any representative of a motor
carrier, motor private carrier, leasing
company, broker, or freight forwarder
(as each is defined in section 14504a)
for the access to or retrieval of the
individual information related to such
entity from the Unified Carrier
Registration System for the individual
use of such entity.
(e) Use of Fees for Unified Carrier Registration System.--
Fees collected under this section may be credited to the
Department of Transportation appropriations account for
purposes for which such fees are collected and shall be
available for expenditure for such purposes until expended.
(f) Application to Certain Intrastate Operations.--Nothing in
this section requires the registration of a motor carrier, a
motor private carrier of property, or a transporter of waste or
recyclable materials operating exclusively in intrastate
transportation not otherwise required to register with the
Secretary under another provision of this title.
CHAPTER 141. OPERATIONS OF CARRIERS
SUBCHAPTER II. REPORTS AND RECORDS
14122. Records: form; inspection; preservation
(a) Form of Records.--The Secretary or the Board, as
applicable, may prescribe the form of records required to be
prepared or compiled under this subchapter by carriers and
brokers, including records related to movement of traffic and
receipts and expenditures of money.
(b) Right of Inspection.--The Secretary or Board, or an
employee designated by the Secretary or Board, may on demand
and display of proper credentials, in person or in writing--
(1) inspect and examine the lands, buildings, and
equipment of a carrier or broker; and
(2) inspect and copy any record of--
(A) a carrier, broker, or association; and
(B) a person controlling, controlled by, or
under common control with a carrier if the
Secretary or Board, as applicable, considers
inspection relevant to that person's relation
to, or transaction with, that carrier.
(c) Period for Preservation of Records.--The Secretary or
Board, as applicable, may prescribe the time period during
which operating, accounting, and financial records must be
preserved by carriers and brokers.
CHAPTER 145. FEDERAL-STATE RELATIONS
14504a. Unified Carrier Registration System plan and agreement
* * * * * * *
(c) Unreasonable Burden.--For purposes of this section, it
shall be considered an unreasonable burden upon interstate
commerce for any State or any political subdivision of a State,
or any political authority of two or more States--
(1) to enact, impose, or enforce any requirement or
standards with respect to, or levy any fee or charge
on, any motor carrier or motor private carrier
providing transportation or service subject to
jurisdiction under subchapter I of chapter 135 (in this
section referred to as an ``interstate motor carrier''
and an ``interstate motor private carrier'',
respectively) in connection with--
(A) the registration with the State of the
interstate operations of the motor carrier or
motor private carrier;
(B) the filing with the State of information
relating to the financial responsibility of a
motor carrier or motor private carrier pursuant
to sections 31138 or 31139;
(C) the filing with the State of the name of
the local agent for service of process of the
motor carrier or motor private carrier pursuant
to [sections] section 503 or 13304; or
(D) the annual renewal of the intrastate
authority, or the insurance filings, of the
motor carrier or motor private carrier, or
other intrastate filing requirement necessary
to operate within the State if the motor
carrier or motor private carrier is--
(i) registered under section 13902 or
section 13905(b); and
(ii) in compliance with the laws and
regulations of the State authorizing
the carrier to operate in the State in
accordance with section 14501(c)(2)(A);
except with respect to--
(I) intrastate service
provided by motor carriers of
passengers that is not subject
to the preemption provisions of
section 14501(a);
(II) motor carriers of
property, motor private
carriers, brokers, or freight
forwarders, or their services
or operations, that are
described in subparagraphs (B)
and (C) of section
14501(c)(2)[.] ; and
(III) the intrastate
transportation of waste or
recyclable materials by any
carrier; or
(2) to require any interstate motor carrier or motor
private carrier that also performs intrastate
operations to pay any fee or tax which a carrier
engaged exclusively in intrastate operations is exempt.
* * * * * * *
CHAPTER 147. ENFORCEMENT; INVESTIGATIONS; RIGHTS; REMEDIES
14704. Rights and remedies of persons injured by carriers or brokers
(a) [In General.--
(1) Enforcement of order.--A person injured]
Enforcement of Order._A person injured because a
carrier or broker providing transportation or service
subject to jurisdiction under chapter 135 does not obey
an order of the Secretary or the Board, as applicable,
under this part, except an order for the payment of
money, may bring a civil action to enforce that order
under this subsection. A person may bring a civil
action for injunctive relief for violations of sections
14102 [and 14103] , 14103, and 14915(c).
[(2) Damages for violations.--]
(b)(1) Other violations._A carrier or broker providing
transportation or service subject to jurisdiction under chapter
135 is liable for damages sustained by a person as a result of
an act or omission of that carrier or broker in violation of
this part.
[(b) Liability and Damages for Exceeding Tariff Rate.--A
carrier]
(2) Exceeding tariff rate._A carrier providing
transportation or service subject to jurisdiction under
chapter 135 is liable to a person for amounts charged
that exceed the applicable rate for transportation or
service contained in a tariff in effect under section
13702.
* * * * * * *
14705. Limitation on actions by and against carriers
(a) In General.--A carrier providing transportation or
service subject to jurisdiction under chapter 135 must begin a
civil action to recover charges for transportation or service
provided by the carrier within 18 months after the claim
accrues.
(b) Overcharges.--A person must begin a civil action to
recover overcharges within 18 months after the claim accrues.
If the claim is against a carrier providing transportation
subject to jurisdiction under chapter 135 and an election to
file a complaint with the Board or Secretary, as applicable, is
made under section 14704(c)(1), the complaint must be filed
within 3 years after the claim accrues.
(c) Damages.--A person must file a complaint with the Board
or Secretary, as applicable, to recover damages under section
[14704(b)] 14704(b)(2) within 2 years after the claim accrues.
(d) Extensions.--The limitation periods under subsection (b)
of this section are extended for 6 months from the time written
notice is given to the claimant by the carrier of disallowance
of any part of the claim specified in the notice if a written
claim is given to the carrier within those limitation periods.
The limitation periods under subsections (b) and (c) of this
section are extended for 90 days from the time the carrier
begins a civil action under subsection (a) to recover charges
related to the same transportation or service, or collects
(without beginning a civil action under that subsection) the
charge for that transportation or service if that action is
begun or collection is made within the appropriate period.
(e) Payment.--A person must begin a civil action to enforce
an order of the Board or Secretary against a carrier within 1
year after the date of the order.
(f) Government Transportation.--This section applies to
transportation for the United States Government. The time
limitations under this section are extended, as related to
transportation for or on behalf of the United States
Government, for 3 years from the later of the date of--
(1) payment of the rate for the transportation or
service involved;
(2) subsequent refund for overpayment of that rate;
or
(3) deduction made under section 3726 of title 31.
(g) Accrual Date.--A claim related to a shipment of property
accrues under this section on delivery or tender of delivery by
the carrier.
CHAPTER 149. CIVIL AND CRIMINAL PENALTIES
14901. General civil penalties
(a) Reporting and Recordkeeping.--A person required to make a
report to the Secretary or the Board, answer a question, or
make, prepare, or preserve a record under this part concerning
transportation subject to jurisdiction under subchapter I or
III of chapter 135 or transportation by a foreign carrier
registered under section 13902, or an officer, agent, or
employee of that person that--
(1) does not make the report;
(2) does not specifically, completely, and truthfully
answer the question;
(3) does not make, prepare, or preserve the record in
the form and manner prescribed;
(4) does not comply with section 13901; or
(5) does not comply with section 13902(c);
is liable to the United States for a civil penalty of not less
than [$500] $1,000 for each violation and for each additional
day the violation continues; except that, in the case of a
person [who is not registered under this part to provide
transportation of passengers,] or an officer, agent, or
employee of such person, that does not comply with section
13901 [with respect to providing transportation of passengers,]
or section 13902(c) of this title the amount of the civil
penalty shall not be less than [$2,000 for each violation and
for each additional day the violation continues] $10,000 for
each violation, or $25,000 for each violation relating to
providing transportation of passengers.
(b) Transportation of Hazardous Wastes.--A person subject to
jurisdiction under subchapter I of chapter 135, or an officer,
agent, or employee of that person, and who is required to
comply with section 13901 of this title but does not so comply
with respect to the transportation of hazardous wastes as
defined by the Environmental Protection Agency pursuant to
section 3001 of the Solid Waste Disposal Act (but not including
any waste the regulation of which under the Solid Waste
Disposal Act has been suspended by Congress) shall be liable to
the United States for a civil penalty [not to exceed $20,000]
not less than $25,000 for each violation.
* * * * * * *
(h) Settlement of Household Goods Civil Penalties.--Nothing
in this section shall be construed to prohibit the Secretary
from accepting partial payment of a civil penalty as part of a
settlement agreement in the public interest, or from holding
imposition of any part of a civil penalty in abeyance.
14906. Evasion of regulation of carriers and brokers
A person, or an officer, employee, or agent of that person,
that by any means tries to evade regulation provided under this
part for carriers or brokers is liable to the United States for
a civil penalty of [$200] at least $2,000 for the first
violation and at least [$250] $5,000 for a subsequent
violation, and may be subject to criminal penalties.
14915. Penalties for failure to give up possession of household goods
(a) Civil Penalty.--
(1) In general.--Whoever is found holding a household
goods shipment hostage is liable to the United States
for a civil penalty of not less than $10,000 for each
violation. The United States may assign all or a
portion of the civil penalty to an aggrieved shipper.
The Secretary of Transportation shall establish
criteria upon which such assignments shall be made. The
Secretary may order, after notice and an opportunity
for a proceeding, that a person found holding a
household goods shipment hostage return the goods to an
aggrieved shipper.
(2) Each day, a separate violation.--Each day a
carrier is found to have failed to give up possession
of household goods may constitute a separate violation.
(3) Suspension.--If the person found holding a
shipment hostage is a carrier or broker, the Secretary
may suspend for a period of not less than 12 months nor
more than 36 months the registration of such carrier or
broker under chapter 139. The force and effect of such
suspension of a carrier or broker shall extend to and
include any carrier or broker having the same ownership
or operational control as the suspended carrier or
broker.
(4) Settlement authority.--Nothing in this section
shall be construed as prohibiting the Secretary from
accepting partial payment of a civil penalty as part of
a settlement agreement in the public interest, or from
holding imposition of any part of a civil penalty in
abeyance.
(b) Criminal Penalty.--Whoever has been convicted of having
failed to give up possession of household goods shall be fined
under title 18 or imprisoned for not more than 2 years, or
both.
(c) Failure to Give Up Possession of Household Goods
Defined.--For purposes of this section, the term ``failed to
give up possession of household goods'' means the knowing and
willful failure, in violation of a contract, to deliver to, or
unload at, the destination of a shipment of household goods
that is subject to jurisdiction under subchapter I or III of
chapter 135 of this title, for which charges have been
estimated by the motor carrier providing transportation of such
goods, and for which the shipper has tendered a payment
described in clause (i), (ii), or (iii) of section
13707(b)(3)(A).
SUBTITLE V. RAIL PROGRAMS
PART C. PASSENGER TRANSPORTATION
CHAPTER 243. AMTRAK
24305. General authority
(a) Acquisition and Operation of Equipment and Facilities.--
(1) Amtrak may acquire, operate, maintain, and make
contracts for the operation and maintenance of
equipment and facilities necessary for intercity and
commuter rail passenger transportation, the
transportation of mail and express, and auto-ferry
transportation.
(2) Amtrak shall operate and control directly, to the
extent practicable, all aspects of the rail passenger
transportation it provides.
(3) (A) Except as provided in subsection (d)(2),
Amtrak may enter into a contract with a motor carrier
of passengers for the intercity transportation of
passengers by motor carrier over regular routes only--
(i) if the motor carrier is not a
public recipient of governmental
assistance, as such term is defined in
[section 13902(b)(8)(A)] section
13902(b)(11)(A) of this title, other
than a recipient of funds under section
5311 of this title;
(ii) for passengers who have had
prior movement by rail or will have
subsequent movement by rail; and
(iii) if the buses, when used in the
provision of such transportation, are
used exclusively for the transportation
of passengers described in clause (ii).
(B) Subparagraph (A) shall not apply to
transportation funded predominantly by a State
or local government, or to ticket selling
agreements.\3\
---------------------------------------------------------------------------
\3\ The amendment to this section takes effect 1 year after the
date of enactment of the Commercial Motor Vehicle Safety Enhancement
Act of 2011.
* * * * * * *
---------------------------------------------------------------------------
24307. Special transportation
(a) Reduced Fare Program.--Amtrak shall maintain a reduced
fare program for the following:
(1) individuals at least 65 years of age.
(2) individuals (except alcoholics and drug abusers)
who--
(A) have a physical or mental impairment that
substantially limits a major life activity of
the individual;
(B) have a record of an impairment; or
(C) are regarded as having an impairment.
(b) Employee Transportation.--
(1) In this subsection, ``rail carrier employee''
means--
(A) an active full-time employee of a rail
carrier or terminal company and includes an
employee on furlough or leave of absence;
(B) a retired employee of a rail carrier or
terminal company; and
(C) a dependent of an employee referred to in
clause (A) or (B) of this paragraph.
(2) Amtrak shall ensure that a rail carrier employee
eligible for free or reduced-rate rail transportation
on April 30, 1971, under an agreement in effect on that
date is eligible, to the greatest extent practicable,
for free or reduced-rate intercity rail passenger
transportation provided by Amtrak under this part, if
space is available, on terms similar to those available
on that date under the agreement. However, Amtrak may
apply to all rail carrier employees eligible to receive
free or reduced-rate transportation under any agreement
a single systemwide schedule of terms that Amtrak
decides applied to a majority of employees on that date
under all those agreements. Unless Amtrak and a rail
carrier make a different agreement, the carrier shall
reimburse Amtrak at the rate of 25 percent of the
systemwide average monthly yield of each revenue
passenger-mile. The reimbursement is in place of costs
Amtrak incurs related to free or reduced-rate
transportation, including liability related to travel
of a rail carrier employee eligible for free or
reduced-rate transportation.
(3) This subsection does not prohibit the [Interstate
Commerce Commission] Surface Transportation Board from
ordering retroactive relief in a proceeding begun or
reopened after October 1, 1981.
24311. Acquiring interests in property by eminent domain
(a) General Authority.--
(1) To the extent financial resources are available,
Amtrak may acquire by eminent domain under subsection
(b) of this section interests in property--
(A) necessary for intercity rail passenger
transportation, except property of a rail
carrier, a State, a political subdivision of a
State, or a governmental authority; or
(B) requested by the Secretary of
Transportation in carrying out the Secretary's
duty to design and build an intermodal
transportation terminal at Union Station in the
District of Columbia if the Secretary assures
Amtrak that the Secretary will reimburse
Amtrak.
(2) Amtrak may exercise the power of eminent domain
only if it cannot--
(A) acquire the interest in the property by
contract; or
(B) agree with the owner on the purchase
price for the interest.
(b) Civil Actions.--
(1) A civil action to acquire an interest in property
by eminent domain under subsection (a) of this section
must be brought in the district court of the United
States for the judicial district in which the property
is located or, if a single piece of property is located
in more than one judicial district, in any judicial
district in which any piece of the property is located.
An interest is condemned and taken by Amtrak for its
use when a declaration of taking is filed under this
subsection and an amount of money estimated in the
declaration to be just compensation for the interest is
deposited in the court. The declaration may be filed
with the complaint in the action or at any time before
judgment. The declaration must contain or be
accompanied by--
(A) a statement of the public use for which
the interest is taken;
(B) a description of the property sufficient
to identify it;
(C) a statement of the interest in the
property taken;
(D) a plan showing the interest taken; and
(E) a statement of the amount of money Amtrak
estimates is just compensation for the
interest.
(2) When the declaration is filed and the deposit is
made under paragraph (1) of this subsection, title to
the property vests in Amtrak in fee simple absolute or
in the lesser interest shown in the declaration, and
the right to the money vests in the person entitled to
the money. When the declaration is filed, the court may
decide--
(A) the time by which, and the terms under
which, possession of the property is given to
Amtrak; and
(B) the disposition of outstanding charges
related to the property.
(3) After a hearing, the court shall make a finding
on the amount that is just compensation for the
interest in the property and enter judgment awarding
that amount and interest on it. The rate of interest is
6 percent a year and is computed on the amount of the
award less the amount deposited in the court from the
date of taking to the date of payment.
(4) On application of a party, the court may order
immediate payment of any part of the amount deposited
in the court for the compensation to be awarded. If the
award is more than the amount received, the court shall
enter judgment against Amtrak for the deficiency.
(c) Authority to Condemn Rail Carrier Property Interests.--
(1) If Amtrak and a rail carrier cannot agree on a
sale to Amtrak of an interest in property of a rail
carrier necessary for intercity rail passenger
transportation, Amtrak may apply to the [Interstate
Commerce Commission] Surface Transportation Board for
an order establishing the need of Amtrak for the
interest and requiring the carrier to convey the
interest on reasonable terms, including just
compensation. The need of Amtrak is deemed to be
established, and the [Commission] Board, after holding
an expedited proceeding and not later than 120 days
after receiving the application, shall order the
interest conveyed unless the [Commission] Board decides
that--
(A) conveyance would impair significantly the
ability of the carrier to carry out its
obligations as a common carrier; and
(B) the obligations of Amtrak to provide
modern, efficient, and economical rail
passenger transportation can be met adequately
by acquiring an interest in other property,
either by sale or by exercising its right of
eminent domain under subsection (a) of this
section.
(2) If the amount of compensation is not determined
by the date of the [Commission's] Board's order, the
order shall require, as part of the compensation,
interest at 6 percent a year from the date prescribed
for the conveyance until the compensation is paid.
(3) Amtrak subsequently may reconvey to a third party
an interest conveyed to Amtrak under this subsection or
prior comparable provision of law if the [Commission]
Board decides that the reconveyance will carry out the
purposes of this part, regardless of when the
proceeding was brought (including a proceeding pending
before a United States court on November 28, 1990).
CHAPTER 249. NORTHEAST CORRIDOR IMPROVEMENT PROGRAM
24902. Goals and requirements
(a) Managing Costs and Revenues.--Amtrak shall manage its
operating costs, pricing policies, and other factors with the
goal of having revenues derived each fiscal year from providing
intercity rail passenger transportation over the Northeast
Corridor route between the District of Columbia and Boston,
Massachusetts, equal at least the operating costs of providing
that transportation in that fiscal year.
(b) Priorities in Selecting and Scheduling Projects.--When
selecting and scheduling specific projects, Amtrak shall apply
the following considerations, in the following order of
priority:
(1) Safety-related items should be completed before
other items because the safety of the passengers and
users of the Northeast Corridor is paramount.
(2) Activities that benefit the greatest number of
passengers should be completed before activities
involving fewer passengers.
(3) Reliability of intercity rail passenger
transportation must be emphasized.
(4) Trip-time requirements of this section must be
achieved to the extent compatible with the priorities
referred to in paragraphs (1)-(3) of this subsection.
(5) Improvements that will pay for the investment by
achieving lower operating or maintenance costs should
be carried out before other improvements.
(6) Construction operations should be scheduled so
that the fewest possible passengers are inconvenienced,
transportation is maintained, and the on-time
performance of Northeast Corridor commuter rail
passenger and rail freight transportation is optimized.
(7) Planning should focus on completing activities
that will provide immediate benefits to users of the
Northeast Corridor.
(c) Compatibility with Future Improvements and Production of
Maximum Labor Benefits.--Improvements under this section shall
be compatible with future improvements in transportation and
shall produce the maximum labor benefit from hiring individuals
presently unemployed.
(d) Automatic Train Control Systems.--A train operating on
the Northeast Corridor main line or between the main line and
Atlantic City shall be equipped with an automatic train control
system designed to slow or stop the train in response to an
external signal.
(e) High-Speed Transportation.--If practicable, Amtrak shall
establish intercity rail passenger transportation in the
Northeast Corridor that carries out section 703(1)(E) of the
Railroad Revitalization and Regulatory Reform Act of 1976
(Public Law 94-210, 90 Stat. 121).
(f) Equipment Development.--Amtrak shall develop economical
and reliable equipment compatible with track, operating, and
marketing characteristics of the Northeast Corridor, including
the capability to meet reliable trip times under section
703(1)(E) of the Railroad Revitalization and Regulatory Reform
Act of 1976 (Public Law 94-210, 90 Stat. 121) in regularly
scheduled revenue transportation in the Corridor, when the
Northeast Corridor improvement program is completed. Amtrak
must decide that equipment complies with this subsection before
buying equipment with financial assistance of the Government.
Amtrak shall submit a request for an authorization of
appropriations for production of the equipment.
(g) Agreements for Off-Corridor Routing of Rail Freight
Transportation.--
(1) Amtrak may make an agreement with a rail freight
carrier or a regional transportation authority under
which the carrier will carry out an alternate off-
corridor routing of rail freight transportation over
rail lines in the Northeast Corridor between the
District of Columbia and New York metropolitan areas,
including intermediate points. The agreement shall be
for at least 5 years.
(2) Amtrak shall apply to the [Interstate Commerce
Commission] Surface Transportation Board for approval
of the agreement and all related agreements
accompanying the application as soon as the agreement
is made. If the [Commission] Board finds that approval
is necessary to carry out this chapter, the
[Commission] Board shall approve the application and
related agreements not later than 90 days after
receiving the application.
(3) If an agreement is not made under paragraph (1)
of this subsection, Amtrak, with the consent of the
other parties, may apply to the [Interstate Commerce
Commission] Surface Transportation Board. Not later
than 90 days after the application, the [Commission]
Board shall decide on the terms of an agreement if it
decides that doing so is necessary to carry out this
chapter. The decision of the [Commission] Board is
binding on the other parties.
(h) Coordination.--
(1) The Secretary of Transportation shall
coordinate--
(A) transportation programs related to the
Northeast Corridor to ensure that the programs
are integrated and consistent with the
Northeast Corridor improvement program; and
(B) amounts from departments, agencies, and
instrumentalities of the Government to achieve
urban redevelopment and revitalization in the
vicinity of urban rail stations in the
Northeast Corridor served by intercity and
commuter rail passenger transportation.
(2) If the Secretary finds significant noncompliance
with this section, the Secretary may deny financing to
a noncomplying program until the noncompliance is
corrected.
(i) Completion.--Amtrak shall give the highest priority to
completing the program.
(j) Applicable Procedures.--No State or local building,
zoning, subdivision, or similar or related law, nor any other
State or local law from which a project would be exempt if
undertaken by the Federal Government or an agency thereof
within a Federal enclave wherein Federal jurisdiction is
exclusive, including without limitation with respect to all
such laws referenced herein above requirements for permits,
actions, approvals or filings, shall apply in connection with
the construction, ownership, use, operation, financing,
leasing, conveying, mortgaging or enforcing a mortgage of (i)
any improvement undertaken by or for the benefit of Amtrak as
part of, or in furtherance of, the Northeast Corridor
Improvement Project (including without limitation maintenance,
service, inspection or similar facilities acquired, constructed
or used for high speed trainsets) or chapter 241, 243, or 247
of this title or (ii) any land (and right, title or interest
created with respect thereto) on which such improvement is
located and adjoining, surrounding or any related land. These
exemptions shall remain in effect and be applicable with
respect to such land and improvements for the benefit of any
mortgagee before, upon and after coming into possession of such
improvements or land, any third party purchasers thereof in
foreclosure (or through a deed in lieu of foreclosure), and
their respective successors and assigns, in each case to the
extent the land or improvements are used, or held for use, for
railroad purposes or purposes accessory thereto. This
subsection shall not apply to any improvement or related land
unless Amtrak receives a Federal operating subsidy in the
fiscal year in which Amtrak commits to or initiates such
improvement.
24904. General authority
(a) General.--To carry out this chapter and the Regional Rail
Reorganization Act of 1973 (45 U.S.C. 701 et seq.), Amtrak
may--
(1) acquire, maintain, and dispose of any interest in
property used to provide improved high-speed rail
transportation under section 24902 of this title;
(2) acquire, by condemnation or otherwise, any
interest in real property that Amtrak considers
necessary to carry out the goals of section 24902;
(3) provide for rail freight, intercity rail
passenger, and commuter rail passenger transportation
over property acquired under this section;
(4) improve rail rights of way between Boston,
Massachusetts, and the District of Columbia (including
the route through Springfield, Massachusetts, and
routes to Harrisburg, Pennsylvania, and Albany, New
York, from the Northeast Corridor main line) to achieve
the goals of section 24902 of providing improved high-
speed rail passenger transportation between Boston,
Massachusetts, and the District of Columbia, and
intermediate intercity markets;
(5) acquire, build, improve, and install passenger
stations, communications and electric power facilities
and equipment, public and private highway and
pedestrian crossings, and other facilities and
equipment necessary to provide improved high-speed rail
passenger transportation over rights of way improved
under clause (4) of this subsection;
(6) make agreements with other carriers and commuter
authorities to grant, acquire, or make arrangements for
rail freight or commuter rail passenger transportation
over, rights of way and facilities acquired under the
Regional Rail Reorganization Act of 1973 (45 U.S.C. 701
et seq.) and the Railroad Revitalization and Regulatory
Reform Act of 1976 (45 U.S.C. 801 et seq.); and
(7) appoint a general manager of the Northeast
Corridor improvement program.
(b) Compensatory Agreements.--Rail freight and commuter rail
passenger transportation provided under subsection (a)(3) of
this section shall be provided under compensatory agreements
with the responsible carriers.
(c) Compensation for Transportation Over Certain Rights of
Way and Facilities.--
(1) An agreement under subsection (a)(6) of this
section shall provide for reasonable reimbursement of
costs but may not cross-subsidize intercity rail
passenger, commuter rail passenger, and rail freight
transportation.
(2) If the parties do not agree, the [Interstate
Commerce Commission] Surface Transportation Board shall
order that the transportation continue over facilities
acquired under the Regional Rail Reorganization Act of
1973 (45 U.S.C. 701 et seq.) and the Railroad
Revitalization and Regulatory Reform Act of 1976 (45
U.S.C. 801 et seq.) and shall determine compensation
(without allowing cross-subsidization between commuter
rail passenger and intercity rail passenger and rail
freight transportation) for the transportation not
later than 120 days after the dispute is submitted. The
[Commission] Board shall assign to a rail carrier
obtaining transportation under this subsection the
costs Amtrak incurs only for the benefit of the
carrier, plus a proportionate share of all other costs
of providing transportation under this paragraph
incurred for the common benefit of Amtrak and the
carrier. The proportionate share shall be based on
relative measures of volume of car operations, tonnage,
or other factors that reasonably reflect the relative
use of rail property covered by this subsection.
(3) This subsection does not prevent the parties from
making an agreement under subsection (a)(6) of this
section after the [Commission] Board makes a decision
under this subsection.
SUBTITLE VI. MOTOR VEHICLE AND DRIVER PROGRAMS
PART A. GENERAL
CHAPTER 301. MOTOR VEHICLE SAFETY
SUBCHAPTER IV. ENFORCEMENT AND ADMINISTRATIVE
30165. Civil penalty
(a) Civil Penalties.--
(1) In general.--A person that violates any of
section 30112, 30115, 30117 through 30122, 30123(d),
30125(c), 30127, [or 30141 through 30147] 30141 through
30147, or 31137, or a regulation prescribed thereunder,
is liable to the United States Government for a civil
penalty of not more than $5,000 for each violation. A
separate violation occurs for each motor vehicle or
item of motor vehicle equipment and for each failure or
refusal to allow or perform an act required by any of
those sections. The maximum penalty under this
subsection for a related series of violations is
$15,000,000.
(2) School buses.--
(A) In general.--Notwithstanding paragraph
(1), the maximum amount of a civil penalty
under this paragraph shall be $10,000 in the
case of--
(i) the manufacture, sale, offer for
sale, introduction or delivery for
introduction into interstate commerce,
or importation of a school bus or
school bus equipment (as those terms
are defined in section 30125(a) of this
title) in violation of section
30112(a)(1) of this title; or
(ii) a violation of section
30112(a)(2) of this title.
(B) Related series of violations.--A separate
violation occurs for each motor vehicle or item
of motor vehicle equipment and for each failure
or refusal to allow or perform an act required
by that section. The maximum penalty under this
paragraph for a related series of violations is
$15,000,000.
(3) Section 30166.--A person who violates section
30166 or a regulation prescribed under that section is
liable to the United States Government for a civil
penalty for failing or refusing to allow or perform an
act required under that section or regulation. The
maximum penalty under this paragraph is $5,000 per
violation per day. The maximum penalty under this
paragraph for a related series of daily violations is
$15,000,000.
(b) Compromise and Setoff.--
(1) The Secretary of Transportation may compromise
the amount of a civil penalty imposed under this
section.
(2) The Government may deduct the amount of a civil
penalty imposed or compromised under this section from
amounts it owes the person liable for the penalty.
(c) Considerations.--In determining the amount of a civil
penalty or compromise, the appropriateness of the penalty or
compromise to the size of the business of the person charged
and the gravity of the violation shall be considered.
(d) Subpenas for Witnesses.--In a civil action brought under
this section, a subpena for a witness may be served in any
judicial district.
PART B. COMMERCIAL
CHAPTER 311. COMMERCIAL MOTOR VEHICLE SAFETY
SUBCHAPTER I. GENERAL AUTHORITY AND STATE GRANTS
31101. Definitions
In this subchapter--
[(1) ``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--
[(A) has a gross vehicle weight rating or
gross vehicle weight of at least 10,001 pounds,
whichever is greater;
[(B) is designed to transport more than 10
passengers including the driver; or
[(C) 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.]
(1) ``commercial motor vehicle'' means (except under
section 31106) a self-propelled or towed vehicle used
on the highways in commerce to transport passengers or
property, if the vehicle--
(A) has a gross vehicle weight rating or
gross vehicle weight of at least 10,001 pounds,
whichever is greater;
(B) is designed or used to transport more
than 8 passengers, including the driver, for
compensation;
(C) is designed or used to transport more
than 15 passengers, including the driver, and
is not used to transport passengers for
compensation; or
(D) is used in transporting material found by
the Secretary of Transportation to be hazardous
under section 5103 and transported in a
quantity requiring placarding under regulations
prescribed by the Secretary under section 5103.
(2) ``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--
(A) directly affects commercial motor vehicle
safety in the course of employment by a
commercial motor carrier; and
(B) is not an employee of the United States
Government, a State, or a political subdivision
of a State acting in the course of employment.
(3) ``employer''--
(A) 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
(B) does not include the Government, a State,
or a political subdivision of a State.
(4) ``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.
[31102. Grants to States]
31102. Compliance, safety, and accountability grants
[(a) General Authority.--Subject to this section and the
availability of amounts, the Secretary of Transportation may
make grants to States for the development or implementation of
programs for improving motor carrier safety and the enforcement
of regulations, standards, and orders of the United States
Government on commercial motor vehicle safety, hazardous
materials transportation safety, and compatible State
regulations, standards, and orders.]
(a) General Authority.--Subject to this section, the
Secretary of Transportation shall make and administer a
compliance, safety, and accountability grant program to assist
States, local governments, and other entities and persons with
motor carrier safety and enforcement on highways and other
public roads, new entrant safety audits, border enforcement,
hazardous materials safety and security, consumer protection
and household goods enforcement, and other programs and
activities required to improve the safety of motor carriers as
determined by the Secretary. The Secretary shall allocate
funding in accordance with section 31104 of this title.
[(b) State Plan Procedures and Contents.--]
(b) Motor Carrier Safety Assistance Program.--
(1) Program goal.--The goal of the Motor Carrier
Safety Assistance Program is to ensure that the
Secretary, States, local government agencies, 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 surface transportation system by--
(A) making targeted investments to promote
safe commercial motor vehicle transportation,
including transportation of passengers and
hazardous materials;
(B) investing in activities likely to
generate maximum reductions in the number and
severity of commercial motor vehicle crashes
and fatalities resulting from such crashes;
(C) adopting and enforcing effective motor
carrier, commercial motor vehicle, and driver
safety regulations and practices consistent
with Federal requirements; and
(D) assessing and improving statewide
performance by setting program goals and
meeting performance standards, measures, and
benchmarks.
[(1)] (2) The Secretary shall prescribe procedures
for a State to submit a plan under which the State
agrees to assume responsibility for improving motor
carrier safety and to adopt and enforce regulations,
standards, and orders of the Government on commercial
motor vehicle safety, hazardous materials
transportation safety, or compatible State regulations,
standards, and orders. The Secretary shall approve the
plan if the Secretary decides the plan is adequate to
promote the objectives of this section and the plan--
(A) implements performance-based activities,
including deployment of technology to enhance
the efficiency and effectiveness of commercial
motor vehicle safety programs;
(B) designates the State motor vehicle safety
agency responsible for administering the plan
throughout the State;
(C) contains satisfactory assurances the
agency has or will have the legal authority,
resources, and qualified personnel necessary to
enforce the regulations, standards, and orders;
(D) contains satisfactory assurances the
State will devote adequate amounts to the
administration of the plan and enforcement of
the regulations, standards, and orders;
(E) provides that the total expenditure of
amounts of the State and its political
subdivisions (not including amounts of the
Government) for commercial motor vehicle safety
programs for enforcement of commercial motor
vehicle size and weight limitations, drug
interdiction, and State traffic safety laws and
regulations under subsection (c) of this
section will be maintained at a level at least
equal to the average level of that expenditure
for the 3 full fiscal years beginning after
October 1 of the year 5 years prior to the
beginning of each Government fiscal year.
(F) provides a right of entry and inspection
to carry out the plan;
(G) provides that all reports required under
this section be submitted to the agency and
that the agency will make the reports available
to the Secretary on request;
(H) provides that the agency will adopt the
reporting requirements and use the forms for
recordkeeping, inspections, and investigations
the Secretary prescribes;
(I) requires registrants of commercial motor
vehicles to [make a declaration of] demonstrate
knowledge of applicable safety regulations,
standards, and orders of the Government and the
State;
(J) provides that the State will grant
maximum reciprocity for inspections conducted
under the North American Inspection Standard
through the use of a nationally accepted system
that allows ready identification of previously
inspected commercial motor vehicles;
(K) ensures that activities described in
subsection (c)(1) of this section, if financed
with grants under subsection (a) of this
section, will not diminish the effectiveness of
the development and implementation of
commercial motor vehicle safety programs
described in subsection (a);
(L) ensures that the State agency will
coordinate the plan, data collection, and
information systems with State highway safety
programs under title 23;
[(M) ensures participation in SAFETYNET and
other information systems by all appropriate
jurisdictions receiving funding under this
section;]
(M) ensures participation in appropriate
Federal Motor Carrier Safety Administration
systems and other information systems by all
appropriate jurisdictions receiving Motor
Carrier Safety Assistance Program funding;
(N) ensures that information is exchanged
among the States in a timely manner;
(O) 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;
(P) provides satisfactory assurances that the
State will promote activities in support of
national priorities and performance goals,
including--
(i) 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;
(ii) 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
(iii) interdiction activities
affecting the transportation of
controlled substances by commercial
motor vehicle drivers and training on
appropriate strategies for carrying out
those interdiction activities;
(Q) provides that the State has established
and dedicated sufficient resources to a program
to ensure that--
(i) accurate, complete, and timely
motor carrier safety data is collected
and reported to the Secretary; and
(ii) the State will participate in a
national motor carrier safety data
correction system prescribed by the
Secretary;
(R) ensures that the State will cooperate in
the enforcement of registration requirements
under section 13902 and financial
responsibility requirements under sections
13906, 31138, and 31139 and regulations issued
thereunder;
(S) ensures consistent, effective, and
reasonable sanctions;
(T) ensures that roadside inspections will be
conducted at a location that is adequate to
protect the safety of drivers and enforcement
personnel;
(U) provides that the State will include in
the training manual for the licensing
examination to drive a noncommercial motor
vehicle and a commercial motor vehicle,
information on best practices for driving
safely in the vicinity of noncommercial and
commercial motor vehicles;
(V) provides that the State will enforce the
registration requirements of section 13902 by
prohibiting the operation of any vehicle
discovered to be operated by a motor carrier
without a registration issued under such
section or to operate beyond the scope of such
registration;
(W) 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; [and]
[(X) except in the case of an imminent or
obvious safety hazard, ensures that an
inspection of a vehicle transporting passengers
for a motor carrier of passengers is conducted
at a station, terminal, border crossing,
maintenance facility, destination, or other
location where a motor carrier may make a
planned stop.]
(X) except in the case of an imminent or
obvious safety hazard, ensures that an
inspection of a vehicle transporting passengers
for a motor carrier of passengers is conducted
at a station, terminal, border crossing,
maintenance facility, destination, weigh
station, rest stop, turnpike service area, or a
location where adequate food, shelter, and
sanitation facilities are available for
passengers, and reasonable accommodation is
available for passengers with disabilities; and
(Y) ensures that the State will transmit to
its roadside inspectors the notice of each
Federal exemption granted pursuant to section
31315(b) and provided to the State by the
Secretary, including the name of the person
granted the exemption and any terms and
conditions that apply to the exemption.
[(2)] (3) If the Secretary disapproves a plan under
this subsection, the Secretary shall give the State a
written explanation and allow the State to modify and
resubmit the plan for approval.
[(3) In estimating the average level of State
expenditure under paragraph (1)(E) of this subsection,
the Secretary--
(A) may allow the State to exclude State
expenditures for Government-sponsored
demonstration or pilot programs; and
(B) shall require the State to exclude
Government amounts and State matching amounts
used to receive Government financing under
subsection (a) of this section.]
(4) Maintenance of effort.--
(A) In general.--A plan submitted by a State
under paragraph (2) shall provide that the
total expenditure of amounts of the lead State
agency responsible for implementing the plan
will be maintained at a level at least equal to
the average level of that expenditure for FY
2004 and FY 2005.
(B) Average level of state expenditures.--In
estimating the average level of State
expenditure under subparagraph (A), the
Secretary--
(i) may allow the State to exclude
State expenditures for Government-
sponsored demonstration or pilot
programs; and
(ii) shall require the State to
exclude State matching amounts used to
receive Government financing under this
subsection.
(C) Waiver.--Upon the request of a State, the
Secretary may waive or modify the requirements
of this paragraph for 1 fiscal year, if the
Secretary determines that a waiver is equitable
due to exceptional or uncontrollable
circumstances, such as a natural disaster or a
serious decline in the financial resources of
the State motor carrier safety assistance
program agency.
(c) Use of Grants to Enforce Other Laws.--A State may use
amounts received under a grant under subsection (a)--
(1) for the following activities if the activities
are carried out in conjunction with an appropriate
inspection of the commercial motor vehicle to enforce
Government or State commercial motor vehicle safety
regulations:
(A) enforcement of commercial motor vehicle
size and weight limitations at locations other
than fixed weight facilities, at specific
locations such as 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
(B) detection of the unlawful presence of a
controlled substance (as defined under section
102 of the Comprehensive Drug Abuse Prevention
and Control Act of 1970 (21 U.S.C. 802)) in a
commercial motor vehicle or on the person of
any occupant (including the operator) of the
vehicle; and
(2) 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 2003, 2004, and 2005; except that the
State may not use more than 5 percent of the basic
amount the State receives under the grant under
subsection (a) for enforcement activities relating to
noncommercial motor vehicles described in this
paragraph unless the Secretary determines a higher
percentage will result in significant increases in
commercial motor vehicle safety.
(d) Continuous Evaluation of Plans.--On the basis of reports
submitted by a State motor vehicle safety agency of a State
with a plan approved under this section and the Secretary's own
investigations, the Secretary shall make a continuing
evaluation of the way the State is carrying out the plan. If
the Secretary finds, after notice and opportunity for comment,
the State plan previously approved is not being followed or has
become inadequate to ensure enforcement of the regulations,
standards, or orders, the Secretary shall withdraw approval of
the plan and notify the State. The plan stops being effective
when the notice is received. A State adversely affected by the
withdrawal may seek judicial review under chapter 7 of title 5.
Notwithstanding the withdrawal, the State may retain
jurisdiction in administrative or judicial proceedings begun
before the withdrawal if the issues involved are not related
directly to the reasons for the withdrawal.
(e) New Entrant Safety Assurance Program.--
(1) Program goal.--The Secretary may make grants to
States and local governments for pre-authorization
safety audits and new entrant motor carrier audits as
described in section 31144(g).
(2) Recipients.--Grants made in support of this
program may be provided to States and local
governments.
(3) Federal share.--The Federal share of a grant made
under this program is 100 percent.
(4) Eligible activities.--Eligible activities will be
in accordance with criteria developed by the Secretary
and posted in the Federal Register in advance of the
grant application period.
(5) Determination.--If the Secretary determines that
a State or local government is unable to conduct a new
entrant motor carrier audit, the Secretary may use the
funds to conduct the audit.
(f) Border Enforcement.--
(1) Program goal.--The Secretary of Transportation
may make a grant for carrying out border commercial
motor vehicle safety programs and related enforcement
activities and projects.
(2) Recipients.--The Secretary of Transportation may
make a grant to an entity, State, or other person for
carrying out border commercial motor vehicle safety
programs and related enforcement activities and
projects.
(3) Federal share.--The Secretary shall reimburse a
grantee at least 80 percent of the costs incurred in a
fiscal year for carrying out border commercial motor
vehicle safety programs and related enforcement
activities and projects.
(4) Eligible activities.--An eligible activity will
be in accordance with criteria developed by the
Secretary and posted in the Federal Register in advance
of the grant application period.
(g) High Priority Initiatives.--
(1) Program goal.--The Secretary may make grants to
carry out high priority activities and projects that
improve commercial motor vehicle safety and compliance
with commercial motor vehicle safety regulations,
including activities and projects that--
(A) are national in scope;
(B) increase public awareness and education;
(C) target unsafe driving of commercial motor
vehicles and non-commercial motor vehicles in
areas identified as high risk crash corridors;
(D) improve consumer protection and
enforcement of household goods regulations;
(E) improve the movement of hazardous
materials safely and securely, including
activities related to the establishment of
uniform forms and application procedures that
improve the accuracy, timeliness, and
completeness of commercial motor vehicle safety
data reported to the Secretary; or
(F) demonstrate new technologies to improve
commercial motor vehicle safety.
(2) Recipients.--The Secretary may allocate amounts
to award grants to State agencies, local governments,
and other persons for carrying out high priority
activities and projects that improve commercial motor
vehicle safety and compliance with commercial motor
vehicle safety regulations in accordance with the
program goals specified in paragraph (1).
(3) Federal share.--The Secretary shall reimburse a
grantee at least 80 percent of the costs incurred in a
fiscal year for carrying out the high priority
activities or projects.
(4) Eligible activities.--An eligible activity will
be in accordance with criteria that is--
(A) developed by the Secretary; and
(B) posted in the Federal Register in advance
of the grant application period.
[(e)] (h) Annual Report.--The Secretary 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 an annual report that--
(1) analyzes commercial motor vehicle safety trends
among the States and documents the most effective
commercial motor vehicle safety programs implemented
with grants under this section; and
(2) describes the effect of activities carried out
with grants made under this section on commercial motor
vehicle safety.
31103. United States Government's share of costs
(a) Commercial Motor Vehicle Safety Programs and
Enforcement.--The Secretary of Transportation shall reimburse a
State, from a grant made under this subchapter, an amount that
is not more than 80 percent of the costs incurred by the State
in a fiscal year in developing and implementing programs to
improve commercial motor vehicle safety and enforce commercial
motor vehicle regulations, standards, or orders adopted under
this subchapter or subchapter II of this chapter. In
determining those costs, the Secretary shall include in-kind
contributions by the State. Amounts of the State and its
political subdivisions required to be expended under [section
31102(b)(1)(E)] section 31102(b)(2)(E) of this title may not be
included as part of the share not provided by the United States
Government. Amounts generated under the unified carrier
registration agreement under section 14504a and received by a
State and used for motor carrier safety purposes may be
included as part of the State's share not provided by the
United States. The Secretary may allocate among the States
whose applications for grants have been approved those amounts
appropriated for grants to support those programs, under
criteria that may be established.
(b) Other Activities.--The Secretary may reimburse State
agencies, local governments, or other persons up to 100 percent
for public education activities [authorized by section
31104(f)(2)].
[31104. Availability of amounts
[(a) In General.--Subject to subsection (f), there are
authorized to be appropriated from the Highway Trust Fund
(other than the Mass Transit Account) to carry out section
31102--
[(1) $188,480,000 for fiscal year 2005;
[(2) $188,000,000 for fiscal year 2006;
[(3) $197,000,000 for fiscal year 2007;
[(4) $202,000,000 for fiscal year 2008;
[(5) $209,000,000 for fiscal year 2009;
[(6) $209,000,000 for fiscal year 2010;
[(7) $209,000,000 for fiscal year 2011; and
[(8) $106,000,000 for the period beginning on October
1, 2011, and ending on March 31, 2012.
[(b) Availability and Reallocation of Amounts.--Amounts made
available under subsection (a) of this section remain available
until expended. Allocations to a State remain available for
expenditure in the State for the fiscal year in which they are
allocated and for the next fiscal year. Amounts not expended by
a State during those 2 fiscal years are released to the
Secretary for reallocation.
[(c) Reimbursement for Government's Share of Costs.--Amounts
made available under subsection (a) of this section shall be
used to reimburse States proportionately for the United States
Government's share of costs incurred.
[(d) Grants as Contractual Obligations.--Approval by the
Secretary of a grant to a State under section 31102 of this
title is a contractual obligation of the Government for payment
of the Government's share of costs incurred by the State in
developing, implementing, or developing and implementing
programs to enforce commercial motor vehicle regulations,
standards, and orders.
[(e) Deduction for Administrative Expenses.--On October 1 of
each fiscal year or as soon after that date as practicable, the
Secretary may deduct, from amounts made available under
subsection (a) of this section for that fiscal year, not more
than 1.25 percent of those amounts for administrative expenses
incurred in carrying out section 31102 of this title in that
fiscal year. The Secretary shall use at least 75 percent of
those deducted amounts to train non-Government employees and to
develop related training materials in carrying out section
31102.
[(f) Allocation Criteria and Eligibility.--On October 1 of
each fiscal year or as soon after that date as practicable and
after making the deduction under subsection (e), the Secretary
shall allocate amounts made available to carry out section
31102 for such fiscal year among the States with plans approved
under section 31102. Such allocation shall be made under such
criteria as the Secretary prescribes by regulation.
[(g) Payment to States for Costs.--Each State shall submit
vouchers for costs the State incurs under this section and
section 31102 of this title. The Secretary shall pay the State
an amount not more than the Government share of costs incurred
as of the date of the vouchers.
[(h) Intrastate Compatibility.--The Secretary shall prescribe
regulations specifying tolerance guidelines and standards for
ensuring compatibility of intrastate commercial motor vehicle
safety laws and regulations with Government motor carrier
safety regulations to be enforced under section 31102(a) of
this title. To the extent practicable, the guidelines and
standards shall allow for maximum flexibility while ensuring
the degree of uniformity that will not diminish transportation
safety. In reviewing State plans and allocating amounts or
making grants under section 153 of title 23, the Secretary
shall ensure that the guidelines and standards are applied
uniformly.
[(i) Administrative Expenses.--
[(1) Authorization of appropriations.--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--
[(A) $254,849,000 for fiscal year 2005;
[(B) $213,000,000 for fiscal year 2006;
[(C) $223,000,000 for fiscal year 2007;
[(D) $228,000,000 for fiscal year 2008;
[(E) $234,000,000 for fiscal year 2009;
[(F) $239,828,000 for fiscal year 2010;
[(G) $244,144,000 for fiscal year 2011; and
[(H) $122,072,000 for the period beginning on
October 1, 2011, and ending on March 31, 2012.
[(2) Use of funds.--The funds authorized by this
subsection shall be used for personnel costs;
administrative infrastructure; rent; information
technology; programs for research and technology,
information management, regulatory development, the
administration of the performance and registration
information system management, and outreach and
education; other operating expenses; and such other
expenses as may from time to time become necessary to
implement statutory mandates of the Administration not
funded from other sources.
[(j) Availability of Funds; Contract Authority.--
[(1) Period of availability.--The amounts made
available under this section shall remain available
until expended.
[(2) Initial date of availability.--Authorizations
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.
[(3) Contract authority.--Approval by the Secretary
of a grant with funds made available under this section
imposes upon the United States a contractual obligation
for payment of the Government's share of costs incurred
in carrying out the objectives of the grant.
[(k) High-Priority Activities.--
[(1) Criteria.--The Secretary shall establish safety
performance criteria to be used to distribute high
priority program funds under this subsection.
[(2) Set aside.--The Secretary may set aside from
amounts made available by subsection (a) up to
$15,000,000 for each of fiscal years 2006 through 2011
and $7,500,000 for the period beginning on October 1,
2011, and ending on March 31, 2012, for States, local
governments, and organizations representing government
agencies or officials described in paragraph (3) for
carrying out high priority activities and projects that
improve commercial motor vehicle safety and compliance
with commercial motor vehicle safety regulations
(including activities and projects that are national in
scope), increase public awareness and education,
demonstrate new technologies, and reduce the number and
rate of accidents involving commercial motor vehicles.
[(3) Description of recipients.--Amounts set aside
under this subsection shall be allocated by the
Secretary only to State agencies, local governments,
and organizations representing government agencies or
officials that use and train qualified officers and
employees in coordination with State motor vehicle
safety agencies.
[(4) Limitation.--At least 90 percent of the amounts
set aside for a fiscal year under this subsection shall
be awarded in grants to State agencies and local
government agencies.]
31104. Availability of amounts
(a) In General.--There are authorized to be appropriated from
Highway Trust Fund (other than the Mass Transit Account) for
Federal Motor Carrier Safety Administration programs the
following:
(1) Compliance, safety, and accountability grants
under section 31102.--
(A) $249,717,000 for fiscal year 2012,
provided that the Secretary shall set aside not
less than $168,388,000 to carry out the motor
carrier safety assistance program under section
31102(b); and
(B) $253,814,000 for fiscal year 2013,
provided that the Secretary shall set aside not
less than $171,813,000 to carry out the motor
carrier safety assistance program under section
31102(b).
(2) Data and technology grants under section 31109.--
(A) $30,000,000 for fiscal year 2012; and
(B) $30,000,000 for fiscal year 2013.
(3) Driver safety grants under section 31313.--
(A) $31,000,000 for fiscal year 2012; and
(B) $31,000,000 for fiscal year 2013.
(4) Criteria.--The Secretary shall develop criteria
to allocate the remaining funds under paragraphs (1),
(2), and (3) for fiscal year 2013 and for each fiscal
year thereafter not later than April 1 of the prior
fiscal year.
(b) Availability and Reallocation of Amounts.--
(1) Allocations and reallocations.--Amounts made
available under subsection (a)(1) remain available
until expended. Allocations to a State remain available
for expenditure in the State for the fiscal year in
which they are allocated and for the next fiscal year.
Amounts not expended by a State during those 2 fiscal
years are released to the Secretary for reallocation.
(2) Redistribution of amounts.--The Secretary may,
after August 1 of each fiscal year, upon a
determination that a State does not qualify for funding
under section 31102(b) or that the State will not
expend all of its existing funding, reallocate the
State's funding. In revising the allocation and
redistributing the amounts, the Secretary shall give
preference to those States that require additional
funding to meet program goals under section 31102(b).
(3) Period of availability for data and technology
grants.--Amounts made available under subsection (a)(2)
remain available for obligation for the fiscal year and
the next 2 years in which they are appropriated.
Allocations remain available for expenditure in the
State for 5 fiscal years after they were obligated.
Amounts not expended by a State during those 3 fiscal
years are released to the Secretary for reallocation.
(4) Period of availability for driver safety
grants.--Amounts made available under subsection (a)(3)
of this section remain available for obligation for the
fiscal year and the next fiscal year in which they are
appropriated. Allocations to a State remain available
for expenditure in the State for the fiscal year in
which they are allocated and for the following 2 fiscal
years. Amounts not expended by a State during those 3
fiscal years are released to the Secretary for
reallocation.
(5) Reallocation.--The Secretary, upon a request by a
State, may reallocate grant funds previously awarded to
the State under a grant program authorized by section
31102, 31109, or 31313 to another grant program
authorized by those sections upon a showing by the
State that it is unable to expend the funds within the
12 months prior to their expiration provided that the
State agrees to expend the funds within the remaining
period of expenditure.
(c) Grants as Contractual Obligations.--Approval by the
Secretary of a grant under sections 31102, 31109, and 31313 is
a contractual obligation of the Government for payment of the
Government's share of costs incurred in developing and
implementing programs to improve commercial motor vehicle
safety and enforce commercial driver's license regulations,
standards, and orders.
(d) Deduction for Administrative Expenses.--
(1) In general.--On October 1 of each fiscal year or
as soon after that as practicable, the Secretary may
deduct, from amounts made available under--
(A) subsection (a)(1) for that fiscal year,
not more than 1.5 percent of those amounts for
administrative expenses incurred in carrying
out section 31102 in that fiscal year;
(B) subsection (a)(2) for that fiscal year,
not more than 1.4 percent of those amounts for
administrative expenses incurred in carrying
out section 31109 in that fiscal year; and
(C) subsection (a)(3) for that fiscal year,
not more than 1.4 percent of those amounts for
administrative expenses incurred in carrying
out section 31313 in that fiscal year.
(2) Training.--The Secretary may use at least 50
percent of the amounts deducted from the amounts made
available under sections (a)(1) and (a)(3) to train
non-Government employees and to develop related
training materials to carry out sections 31102, 31311,
and 31313 of this title.
(3) Contracts.--The Secretary may use amounts
deducted under paragraph (1) to enter into contracts
and cooperative agreements with States, local
governments, associations, institutions, corporations,
and other persons, if the Secretary determines the
contracts and cooperative agreements are cost-
effective, benefit multiple jurisdictions of the United
States, and enhance safety programs and related
enforcement activities.
(e) Allocation Criteria and Eligibility.--
(1) On October 1 of each fiscal year or as soon as
practicable after that date after making the deduction
under subsection (d)(1)(A), the Secretary shall
allocate amounts made available to carry out section
31102(b) for such fiscal year among the States with
plans approved under that section. Allocation shall be
made under the criteria prescribed by the Secretary.
(2) On October 1 of each fiscal year or as soon as
practicable after that date and after making the
deduction under subsection (d)(1)(B) or (d)(1)(C), the
Secretary shall allocate amounts made available to
carry out sections 31109(a) and 31313(b)(1).
(f) Intrastate Compatibility.--The Secretary shall prescribe
regulations specifying tolerance guidelines and standards for
ensuring compatibility of intrastate commercial motor vehicle
safety laws and regulations with Government motor carrier
safety regulations to be enforced under section 31102(b). To
the extent practicable, the guidelines and standards shall
allow for maximum flexibility while ensuring a degree of
uniformity that will not diminish transportation safety. In
reviewing State plans and allocating amounts or making grants
under section 153 of title 23, United States Code, the
Secretary shall ensure that the guidelines and standards are
applied uniformly.
(g) Withholding Amounts for State Noncompliance.--
(1) In general.--Subject to criteria established by
the Secretary, the Secretary may withhold up to 100
percent of the amounts a State is otherwise eligible to
receive under section 31102(b) on October 1 of each
fiscal year beginning after the date of enactment of
the Commercial Motor Vehicle Safety Enhancement Act of
2011 and continuing for the period that the State does
not comply substantially with a requirement under
section 31109(b).
(2) Subsequent availability of withheld funds.--The
Secretary may make the amounts withheld in accordance
with paragraph (1) available to a State if the
Secretary determines that the State has substantially
complied with a requirement under section 31109(b) not
later than 180 days after the beginning of the fiscal
year in which the amounts are withheld.
(h) Administrative Expenses.--
(1) Authorization of appropriations.--There are
authorized to be appropriated from the Highway Trust
Fund (other than the Mass Transit Account) for the
Secretary to pay administrative expenses of the Federal
Motor Carrier Safety Administration--
(A) $250,819,000 for fiscal year 2012; and
(B) $248,523,000 for fiscal year 2013.
(2) Use of funds.--The funds authorized by this
subsection shall be used for personnel costs,
administrative infrastructure, rent, information
technology, programs for research and technology,
information management, regulatory development, the
administration of the performance and registration
information system management, outreach and education,
other operating expenses, and such other expenses as
may from time to time be necessary to implement
statutory mandates of the Administration not funded
from other sources. From the funds authorized by this
subsection, the Secretary shall ensure that a review is
completed on each motor carrier that demonstrates
through performance data that it poses the highest
safety risk. At a minimum, a review shall be conducted
whenever a motor carrier is among the highest risk
carriers for 2 consecutive months.
(i) Availability of Funds.--
(1) Period of availability.--The amounts made
available under this section shall remain available
until expended.
(2) Initial date of availability.--Authorizations
from the Highway Trust Fund (other than the Mass
Transit Account) for 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.
31106. Information systems
(a) Information Systems and Data Analysis.--
(1) In general.--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.
(2) Network coordination.--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.
(3) Data analysis capacity and programs.--The
Secretary shall develop and maintain under this section
data analysis capacity and programs that provide the
means to--
(A) identify and collect necessary motor
carrier, commercial motor vehicle, and driver
data;
(B) evaluate the safety fitness of motor
carriers and drivers;
(C) develop strategies to mitigate safety
problems and to use data analysis to address
and measure the effectiveness of such
strategies and related programs;
(D) determine the cost-effectiveness of
Federal and State safety compliance and
enforcement programs and other countermeasures;
(E) adapt, improve, and incorporate other
information and information systems as the
Secretary determines appropriate;
(F) ensure, to the maximum extent practical,
all the data is complete, timely, and accurate
across all information systems and initiatives;
[and]
(G) establish and implement a national motor
carrier safety data correction system[.] ; and
(H) 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.
(4) Standards.--To implement this section, the
Secretary shall prescribe technical and operational
standards to ensure--
(A) uniform, timely, and accurate information
collection and reporting by the States and
other entities as determined appropriate by the
Secretary;
(B) uniform Federal, State, and local
policies and procedures necessary to operate
the information system; and
(C) the reliability and availability of the
information to the Secretary and States.
(b) Performance and Registration Information Program.--
(1) Information clearinghouse.--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.
(2) Design.--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--
(A) 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
(B) 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.
(3) Conditions for participation.--The Secretary
shall require States, as a condition of participation
in the program, to--
(A) comply with the uniform policies,
procedures, and technical and operational
standards prescribed by the Secretary under
subsection (a)(4);
(B) 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
[(C) 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.]
(C) establish and implement a process--
(i) to cancel the motor vehicle
registration and seize the registration
plates of a vehicle when an employer is
found liable under section
31310(j)(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
(ii) 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.
[(4) Grants.--From the funds authorized by section
31104(i), the Secretary may make a grant in a fiscal
year to a State to implement the performance and
registration information system management requirements
of this subsection.]
(c) [Commercial Motor Vehicle Driver Safety Program.]
(1) In general._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--
[(1)] (A) enhancing the exchange of driver licensing
information among the States, the Federal Government,
and foreign countries;
[(2)] (B) providing information to the judicial
system on commercial motor vehicle drivers;
[(3)] (C) evaluating any aspect of driver performance
that the Secretary determines appropriate; and
[(4)] (D) developing appropriate strategies and
countermeasures to improve driver safety.
(2) Access to records.--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)] (e)(1) Information Availability and Privacy Protection
Policy.--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.
(2) In general.--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.
[31109. Performance and registration information system management
The Secretary of Transportation may make a grant to a State
to implement the performance and registration information
system management requirements of section 31106(b).]
31109. Data and technology grants
(a) General Authority.--The Secretary of Transportation shall
establish and administer a data and technology grant program to
assist the States with the implementation and maintenance of
data systems. The Secretary shall allocate the funds in
accordance with section 31104.
(b) Performance Goals.--The Secretary may make a grant to a
State to implement the performance and registration information
system management requirements of section 31106(b) to develop,
implement, and maintain commercial vehicle information systems
and networks, and other innovative technologies that the
Secretary determines improve commercial motor vehicle safety.
(c) Eligibility.--To be eligible for a grant to implement the
requirements of section 31106(b), the State shall design a
program that--
(1) links Federal motor carrier safety information
systems with the State's motor carrier information
systems;
(2) determines 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
(3) denies, suspends, or revokes the commercial motor
vehicle registrations of a motor carrier or registrant
that was issued an operations out-of-service order by
the Secretary.
(d) Required Participation.--The Secretary shall require
States that participate in the program under section 31106 to--
(1) comply with the uniform policies, procedures, and
technical and operational standards prescribed by the
Secretary under section 31106(b);
(2) possess or seek the authority to possess for a
time period not 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
(3) 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(j)(2)(C) for knowingly allowing or
requiring an employee to operate such a commercial
motor vehicle in violation of an out of service order.
(e) Federal Share.--The total Federal share of the cost of a
project payable from all eligible Federal sources shall be at
least 80 percent.
31110. Withholding amounts for State noncompliance
(a) First Fiscal Year.--Subject to criteria established by
the Secretary of Transportation, the Secretary may withhold up
to 50 percent of the amount a State is otherwise eligible to
receive under section 31102(b) on the first day of the fiscal
year after the first fiscal year following the date of
enactment of the Commercial Motor Vehicle Safety Enhancement
Act of 2011 in which the State uses for at least 180 days an
electronic commercial motor vehicle inspection selection system
that does not employ a selection methodology approved by the
Secretary.
(b) Second Fiscal Year.--The Secretary shall withhold up to
75 percent of the amount a State is otherwise eligible to
receive under section 31102(b) on the first day of the fiscal
year after the second fiscal year following the date of
enactment of the Commercial Motor Vehicle Safety Enhancement
Act of 2011 in which the State uses for at least 180 days an
electronic commercial motor vehicle inspection selection system
that does not employ a selection methodology approved by the
Secretary.
(c) Subsequent Availability of Withheld Funds.--The Secretary
may make the amounts withheld under subsection (a) or
subsection (b) available to the State if the Secretary
determines that the State has substantially complied with the
requirement described under subsection (a) or subsection (b)
not later than 180 days after the beginning of the fiscal year
in which amounts were withheld.
SUBCHAPTER III. SAFETY REGULATION
31132. Definitions
In this subchapter--
(1) ``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--
(A) has a gross vehicle weight rating or
gross vehicle weight of at least 10,001 pounds,
whichever is greater;
(B) is designed or used to transport more
than 8 passengers (including the driver) for
compensation;
(C) is designed or used to transport more
than 15 passengers, including the driver, and
is not used to transport passengers for
compensation; or
(D) 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.
(2) ``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--
(A) directly affects commercial motor vehicle
safety in the course of employment; and
(B) 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.
[(3) ``employer''--
[(A) 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
[(B) does not include the Government, a
State, or a political subdivision of a State.]
(3) ``employer''--
(A) means a person engaged in a business
affecting interstate commerce that--
(i) owns or leases a commercial motor
vehicle in connection with that
business, or assigns an employee to
operate the commercial motor vehicle;
or
(ii) offers for rent or lease a motor
vehicle designed or used to transport
more than 8 passengers, including the
driver, and from the same location or
as part of the same business provides
names or contact information of
drivers, or holds itself out to the
public as a charter bus company; but
(B) does not include the Government, a State,
or a political subdivision of a State.
(4) ``interstate commerce'' means trade, traffic, or
transportation in the United States between a place in
a State and--
(A) a place outside that State (including a
place outside the United States); or
(B) another place in the same State through
another State or through a place outside the
United States.
(5) ``intrastate commerce'' means trade, traffic, or
transportation in a State that is not interstate
commerce.
(6) ``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.
(7) ``regulation'' includes a standard or order.
(8) ``State'' means a State of the United States, the
District of Columbia, and, in sections 31136 and 31140-
31142 of this title, a political subdivision of a
State.
(9) ``State law'' includes a law enacted by a
political subdivision of a State.
(10) ``State regulation'' includes a regulation
prescribed by a political subdivision of a State.
(11) ``United States'' means the States of the United
States and the District of Columbia.
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 may withhold
registration under subsection (a), after notice and an
opportunity for a proceeding, if the Secretary determines
that--
(1) the employer or person seeking registration is
unwilling or unable to comply with the requirements of
this subchapter and the regulations prescribed
thereunder and chapter 51 and the regulations
prescribed thereunder;
(2) the employer or person is or was 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 is or was unfit, unwilling, or unable to comply
with the requirements listed in subsection (b)(1); or
(3) the person is the successor, as defined in
section 31153, to a person who is or was unfit,
unwilling, or unable to comply with the requirements
listed in subsection (b)(1).
(c) Revocation or Suspension of Registration.--The Secretary
shall revoke the registration of an employer or person 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--
(1) the employer's or person's authority to operate
pursuant to chapter 139 of this title would be subject
to revocation or suspension under sections 13905(d)(1)
or 13905(f) of this title;
(2) the employer or person is or was related 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);
(3) the person is the successor, as defined in
section 31153, to a person the Secretary determines is
or was unfit, unwilling, or unable to comply with the
requirements listed in subsection (b)(1); or
(4) the employer or person failed or 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
periodically or 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.
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) Pattern of Noncompliance.--If the Secretary finds that
an officer of a motor carrier engages or has engaged in a
pattern or practice of avoiding compliance, or masking or
otherwise concealing noncompliance, with regulations on
commercial motor vehicle safety prescribed under this
subchapter, while serving as an officer of any motor carrier,
the Secretary may suspend, amend, or revoke any part of the
motor carrier's registration under section 13905.]
(b) Noncompliance.--
(1) Motor carriers.--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.
(2) Pattern.--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--
(A) 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
(B) shall take into account such non-
compliance for purposes of determining civil
penalty amounts under section 521(b)(2)(D).
(3) Officers.--If the Secretary finds, after notice
and an opportunity for proceeding, that an officer of a
motor carrier, employer, or owner or operator engaged
in a pattern or practice of violating regulations
prescribed under this subchapter, or assisted a motor
carrier, employer, or owner or operator in avoiding
compliance, or masking or otherwise concealing
noncompliance, the Secretary may impose appropriate
sanctions, subject to the limitations in paragraph (4),
including--
(A) suspension or revocation of registration
granted to the officer individually under
section 13902 or 31134;
(B) temporary or permanent suspension or bar
from association with any motor carrier,
employer, or owner or operator registered under
section 13902 or 31134; or
(C) any appropriate sanction approved by the
Secretary.
(4) Limitations.--The sanctions described in
subparagraphs (A) through (C) of subsection (b)(3)
shall apply to--
(A) intentional or knowing conduct, including
reckless conduct that violates applicable laws
(including regulations); and
(B) repeated instances of negligent conduct
that violates applicable laws (including
regulations).
[(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).]
(c) Avoiding Compliance.--For purposes of this section,
``avoiding compliance'' or ``masking or otherwise concealing
noncompliance'' includes serving as an officer or otherwise
exercising controlling influence over 2 or more motor carriers
where--
(1) one of the carriers was placed out of service, or
received notice from the Secretary that it will be
placed out of service, following--
(A) a determination of unfitness under
section 31144(b);
(B) a suspension or revocation of
registration under section 13902, 13905, or
31144(g);
(C) issuance of an imminent hazard out of
service order under section 521(b)(5) or
section 5121(d); or
(D) notice of failure to pay a civil penalty
or abide by a penalty payment plan; and
(2) one or more of the carriers is the ``successor,''
as that term is defined in section 31153, to the
carrier that is the subject of the action in paragraph
(1).
(d) Definitions.--In this section, the following definitions
apply:
(1) Motor carrier.--The term ``motor carrier'' has
the meaning such term has under section 13102.
(2) Officer.--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--
(1) commercial motor vehicles are maintained,
equipped, loaded, and operated safely;
(2) the responsibilities imposed on operators of
commercial motor vehicles do not impair their ability
to operate the vehicles safely;
(3) 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; [and]
(4) the operation of commercial motor vehicles does
not have a deleterious effect on the physical condition
of the operators[.] ; and
(5) 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.
* * * * * * *
[31137. Monitoring device and brake maintenance regulations]
31137. Electronic on-board recording devices and brake maintenance
regulations
[(a) Use of Monitoring Devices.--If the Secretary of
Transportation prescribes a regulation about the use of
monitoring devices on commercial motor vehicles to increase
compliance by operators of the vehicles with hours of service
regulations of the Secretary, the regulation shall ensure that
the devices are not used to harass vehicle operators. However,
the devices may be used to monitor productivity of the
operators.]
(a) Electronic On-Board Recording Devices.--Not later than 1
year after the date of enactment of the Commercial Motor
Vehicle Safety Enhancement Act of 2011, the Secretary of
Transportation shall prescribe regulations--
(1) 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 equipped with an electronic on-
board recording device to improve compliance by an
operator of a vehicle with hours of service regulations
prescribed by the Secretary; and
(2) ensuring that an electronic on-board recording
device is not used to harass a vehicle operator.
(b) Electronic On-Board Recording Device Requirements.--
(1) In general.--The regulations prescribed under
subsection (a) shall--
(A) require an electronic on-board recording
device--
(i) to accurately record commercial
driver hours of service;
(ii) to record the location of a
commercial motor vehicle;
(iii) to be tamper resistant; and
(iv) to be integrally synchronized
with an engine's control module;
(B) allow law enforcement to access the data
contained in the device during a roadside
inspection; and
(C) 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.
(2) Performance and design standards.--The
regulations prescribed under subsection (a) shall
establish performance standards--
(A) defining a standardized user interface to
aid vehicle operator compliance and law
enforcement review;
(B) establishing a secure process for
standardized--
(i) and unique vehicle operator
identification;
(ii) data access;
(iii) data transfer for vehicle
operators between motor vehicles;
(iv) data storage for a motor
carrier; and
(v) data transfer and
transportability for law enforcement
officials;
(C) establishing a standard security level
for an electronic on-board recording device and
related components to be tamper resistant by
using a methodology endorsed by a nationally
recognized standards organization; and
(D) 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.
(c) Certification Criteria.--
(1) In general.--The regulations prescribed by the
Secretary under this section shall establish the
criteria and a process for the certification of an
electronic on-board recording device to ensure that the
device meets the performance requirements under this
section.
(2) Effect of noncertification.--An electronic on-
board recording device that is 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) Electronic On-Board Recording Device Defined.--In this
section, the term ``electronic on-board recording device''
means an electronic device that--
(1) is capable of recording a driver's hours of
service and duty status accurately and automatically;
and
(2) meets the requirements established by the
Secretary through regulation.
[(b)] (e) Brakes and Brake Systems Maintenance Regulations.--
[Not later than December 31, 1990, the Secretary shall
prescribe] 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.
31144. Safety fitness of owners and operators
(a) In General.--The Secretary shall--
(1) 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--
(A) in operations that affect interstate
commerce within the United States; and
(B) in operations in Canada and Mexico if the
owner or operator also conducts operations
within the United States;
(2) periodically update such safety fitness
determinations;
(3) make such final safety fitness determinations
readily available to the public; and
(4) 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:
(1) Specific initial and continuing requirements with
which an owner or operator must comply to demonstrate
safety fitness.
(2) A methodology the Secretary will use to determine
whether an owner or operator is fit.
(3) Specific time frames within which the Secretary
will determine whether an owner or operator is fit.
(c) Prohibited Transportation.--
(1) In general.--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, and such
period shall be for not less than 10 days.
(2) Owners or operators transporting passengers.--
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, and such period shall be for
not less than 10 days.
(3) Owners or operators transporting hazardous
material.--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, and such
period shall be for not less than 10 days. 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.
(4) Secretary's discretion.--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.
(5) Transportation affecting interstate commerce.--
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.--
(1) In general.--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.
(2) Owners or operators transporting passengers.--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.
(3) Owners or operators transporting hazardous
material.--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.--
[(1) In general.--The Secretary shall require, by
regulation, each owner and each operator granted new
operating authority, after the date on which section
31148(b) is first implemented, to undergo a safety
review within the first 18 months after the owner or
operator, as the case may be, begins operations under
such authority.]
(1) Safety review.--
(A) In general.--The Secretary shall require,
by regulation, each owner and each operator
transporting property 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.
(B) Providers of motorcoach services.--The
Secretary may register a person to provide
motorcoach services under section 13902 or
31134 after the person undergoes a pre-
authorization safety audit, including
verification, in a manner sufficient to
demonstrate the ability to comply with Federal
rules and regulations, as described in section
13902. The Secretary shall continue to monitor
the safety performance of each owner and each
operator subject to this section for 12 months
after the owner or operator is granted
registration under section 13902 or 31134. The
registration of each owner and each operator
subject to this section shall become permanent
after the motorcoach service provider is
granted registration following a pre-
authorization safety audit and the expiration
of the 12 month monitoring period.
(C) Pre-authorization safety audit.--The
Secretary may require, by regulation, that the
pre-authorization safety audit under
subparagraph (B) be completed on-site not later
than 90 days after the submission of an
application for operating authority.\4\
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\4\ The amendment to section 31144(g)(1) takes effect 1 year after
the date of enactment of the Commercial Motor Vehicle Safety
Enhancement Act of 2011.
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(2) Elements.--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.
(3) Phase-in of requirement.--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.
(4) New entrant authority.--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.
(5) New entrant audits.--
(A) Grants.--The Secretary may make grants to
States and local governments for new entrant
motor carrier audits under this subsection
without requiring a matching contribution from
such States and local governments.
(B) Set aside.--The Secretary shall set aside
from amounts made available by section 31104(a)
up to $29,000,000 per fiscal year and up to
$14,500,000 for the period beginning on October
1, 2011, and ending on March 31, 2012, for
audits of new entrant motor carriers conducted
pursuant to this paragraph.
(C) Determination.--If the Secretary
determines that a State or local government is
not able to use government employees to conduct
new entrant motor carrier audits, the Secretary
may use the funds set aside under this
paragraph to conduct audits for such States or
local governments.
(6) Additional requirements for household goods motor
carriers.--
(A) 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.
(B) Elements.--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.\5\
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\5\ The amendment adding paragraph (6) to section 31144(g) takes
effect 2 years after the date of enactment of the Commercial Motor
Vehicle Safety Enhancement Act of 2011.
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(h) Recognition of Canadian Motor Carrier Safety Fitness
Determinations.--
(1) 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.
(2) 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) Commercial Motor Vehicle Drivers.--The Secretary may
maintain by regulation a procedure for determining the safety
fitness of a commercial motor vehicle driver and for
prohibiting the driver from operating in interstate commerce.
The procedure and prohibition shall include the following:
(1) Specific initial and continuing requirements that
a driver must comply with to demonstrate safety
fitness.
(2) The methodology and continually updated safety
performance data that the Secretary will use to
determine whether a driver is fit, including inspection
results, serious traffic offenses, and crash
involvement data.
(3) Specific time frames within which the Secretary
will determine whether a driver is fit.
(4) A prohibition period or periods, not to exceed 1
year, that a driver that the Secretary determines is
not fit will be prohibited from operating a commercial
motor vehicle in interstate commerce. The period or
periods shall begin on the 46th day after the date of
the fitness determination and continue until the
Secretary determines the driver is fit or until the
prohibition period expires.
(5) A review by the Secretary, not later than 30 days
after an unfit driver requests a review, of the
driver's compliance with the requirements the driver
failed to comply with and that resulted in the
Secretary determining that the driver was not fit. The
burden of proof shall be on the driver to demonstrate
fitness.
(6) The eligibility criteria for reinstatement,
including the remedial measures the unfit driver must
take for reinstatement.
(j) Periodic Safety Reviews of Providers of Motorcoach
Services.--
(1) Safety review.--
(A) In general.--The Secretary shall--
(i) determine the safety fitness of
all providers of motorcoach services
registered with the Federal Motor
Carrier Safety Administration; and
(ii) assign a safety fitness rating
to each such provider.
(B) Applicability.--Subparagraph (A) shall
apply--
(i) to any provider of motorcoach
services registered with the
Administration after the date of
enactment of the Motorcoach Enhanced
Safety Act of 2011 beginning not later
than 2 years after the date of such
registration; and
(ii) 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.
(2) Periodic review.--The Secretary shall establish,
by regulation, a process for monitoring the safety
performance of each provider of motorcoach services on
a regular basis following the assignment of a safety
fitness rating, including progressive intervention to
correct unsafe practices.
(3) Enforcement strike forces.--In addition to the
enhanced monitoring and enforcement actions required
under paragraph (2), the Secretary may organize special
enforcement strike forces targeting providers of
motorcoach services.
(4) Periodic update of safety fitness rating.--In
conducting the safety reviews required under this
subsection, the Secretary shall reassess the safety
fitness rating of each provider not less frequently
than once every 3 years.
(5) Motorcoach services defined.--In this subsection,
the term ``provider of motorcoach services'' has the
meaning given such term in section 702 of the
Motorcoach Enhanced Safety Act of 2011.
31149. Medical program
(a) Medical Review Board.--
(1) Establishment and function.--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.
(2) Composition.--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.--
(1) In general.--The Secretary, with the advice of
the Medical Review Board and the chief medical
examiner, shall--
(A) establish, review, and revise--
(i) 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
(ii) 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;
(B) require each such operator to have a
current valid medical certificate;
(C) 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;
[(D) develop, as appropriate, specific
courses and materials for medical examiners
listed in the national registry established
under this section, and require those medical
examiners to, at a minimum, self-certify that
they have completed specific training,
including refresher courses, to be listed in
the registry;]
(D) not later than 1 year after enactment of
the Commercial Motor Vehicle Safety Enhancement
Act of 2011, develop requirements for a medical
examiner to be listed in the national registry
under this section, including--
(i) the completion of specific
courses and materials;
(ii) certification, including 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;
(iii) an examination that requires a
passing grade; and
(iv) demonstration of a medical
examiner's willingness to meet the
reporting requirements established by
the Secretary;
(E) require medical examiners to transmit the
name of the applicant and numerical identifier,
as determined by the Administrator of the
Federal Motor Carrier Safety Administration,
for any completed medical examination report
required under section 391.43 of title 49, Code
of Federal Regulations, electronically to the
chief medical examiner on monthly basis; [and]
(F) 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
(G) annually review the implementation of
commercial driver's license requirements by not
fewer than 10 States to assess the accuracy,
validity, and timeliness of--
(i) the submission of physical
examination reports and medical
certificates to State licensing
agencies; and
(ii) the processing of the
submissions by State licensing
agencies.\6\
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\6\ The amendments to subparagraphs (E), (F), and (G) of section
31149(c)(1), United States Code, take effect on the date oversight
policies and procedures are established under section 303(c)(2)(A) of
the Commercial Motor Vehicle Safety Enhancement Act of 2011.
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(2) Monitoring performance.--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--
(1) shall establish and maintain a current national
registry of medical examiners who are qualified to
perform examinations and issue medical certificates;
(2) 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;
(3) shall accept as valid only medical certificates
issued by persons on the national registry of medical
examiners; and
(4) 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.
31151. Roadability
(a) Inspection, Repair, and Maintenance of Intermodal
Equipment.--
[(1) In general.--Not later than 1 year after the
date of enactment of this section, the Secretary of
Transportation, after providing notice and opportunity
for comment, shall issue regulations establishing a
program to ensure that intermodal equipment used to
transport intermodal containers is safe and
systematically maintained.]
(1) In general.--The Secretary of Transportation
shall maintain a program to ensure that intermodal
equipment used to transport intermodal containers is
safe and systematically maintained.
(2) Intermodal equipment safety regulations.--The
Secretary shall issue the regulations under this
section as a subpart of the Federal motor carrier
safety regulations.
(3) Contents.--The regulations issued under this
section shall include, at a minimum--
(A) 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;
(B) a requirement to match intermodal
equipment readily to an intermodal equipment
provider through a unique identifying number;
(C) 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;
(D) a requirement to ensure that each
intermodal equipment provider identified under
subparagraph (A) maintains a system of
maintenance and repair records for such
equipment;
(E) requirements that--
(i) 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
(ii) 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;
(F) 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;
(G) a program for the evaluation and audit of
compliance by intermodal equipment providers
with applicable Federal motor carrier safety
regulations;
(H) 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
(I) 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;
(J) 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;
(K) 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;
(L) 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;
(M) 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
(N) 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.
[(4) Deadline for rulemaking proceeding.--Not later
than 120 days after the date of enactment of this
section, the Secretary shall initiate a rulemaking
proceeding for issuance of the regulations under this
section.]
* * * * * * *
31152. Disqualification for failure to pay
An individual assessed a civil penalty under this chapter, or
chapters 5, 51, or 149 of this title, or a regulation issued
under any of those provisions, who fails to pay the penalty or
fails to comply with the terms of a settlement with the
Secretary, shall be disqualified from operating a commercial
motor vehicle after the individual is notified in writing and
is given an opportunity to respond. A disqualification shall
continue until the penalty is paid, or the individual complies
with the terms of the settlement, unless the nonpayment is
because the individual is a debtor in a case under chapter 11
of title 11, United States Code.
31153. Federal successor standard
(a) Federal Successor Standard.--Notwithstanding any other
provision of Federal or State law, the Secretary may take an
action authorized under chapters 5, 51, 131 through 149,
subchapter III of chapter 311 (except sections 31138 and
31139), or sections 31302, 31303, 31304, 31305(b),
31310(g)(1)(A), or 31502 of this title, or a regulation issued
under any of those provisions, against a successor of a motor
carrier (as defined in section 13102), a successor of an
employer (as defined in section 31132), or a successor of an
owner or operator (as that term is used in subchapter III of
chapter 311), to the same extent and on the same basis as the
Secretary may take the action against the motor carrier,
employer, or owner or operator.
(b) Successor Defined.--For purposes of this section, the
term ``successor'' means a motor carrier, employer, or owner or
operator that the Secretary determines, after notice and an
opportunity for a proceeding, has 1 or more features that
correspond closely with the features of another existing or
former motor carrier, employer, or owner or operator, such as--
(1) consideration paid for assets purchased or
transferred;
(2) dates of corporate creation and dissolution or
termination of operations;
(3) commonality of ownership;
(4) commonality of officers and management personnel
and their functions;
(5) commonality of drivers and other employees;
(6) identity of physical or mailing addresses,
telephone, fax numbers, or e-mail addresses;
(7) identity of motor vehicle equipment;
(8) continuity of liability insurance policies;
(9) commonality of coverage under liability insurance
policies;
(10) continuation of carrier facilities and other
physical assets;
(11) continuity of the nature and scope of
operations, including customers;
(12) commonality of the nature and scope of
operations, including customers;
(13) advertising, corporate name, or other acts
through which the motor carrier, employer, or owner or
operator holds itself out to the public;
(14) history of safety violations and pending orders
or enforcement actions of the Secretary; and
(15) additional factors that the Secretary considers
appropriate.
(c) Effective Date.--Notwithstanding any other provision of
law, this section shall apply to any action commenced on or
after the date of enactment of the Commercial Motor Vehicle
Safety Enhancement Act of 2011 without regard to whether the
violation that is the subject of the action, or the conduct
that caused the violation, occurred before the date of
enactment.
(d) Rights Not Affected.--Nothing in this section shall
affect the rights, functions, or responsibilities under law of
any other Department, Agency, or instrumentality of the United
States, the laws of any State, or any rights between a private
party and a motor carrier, employer, or owner or operator.
31154. Enforcement of safety laws and regulations
(a) In General.--The Secretary may bring a civil action to
enforce this part, or a regulation or order of the Secretary
under this part, when violated by an employer, employee, or
other person providing transportation or service under this
subchapter or subchapter I.
(b) Venue.--In a civil action under subsection (a)--
(1) trial shall be in the judicial district in which
the employer, employee, or other person operates;
(2) process may be served without regard to the
territorial limits of the district or of the State in
which the action is instituted; and
(3) a person participating with a carrier or broker
in a violation may be joined in the civil action
without regard to the residence of the person.
31155. Regulation of the use of distracting devices in motorcoaches
(a) In General.--Not later than 1 year after the date of
enactment of the Motorcoach Enhanced Safety Act of 2011, the
Secretary of Transportation shall prescribe regulations on the
use of electronic or wireless devices, including cell phones
and other distracting devices, by an individual employed as the
operator of a motorcoach (as defined in section 702 of that
Act).
(b) Basis for Regulations.--The Secretary shall base the
regulations prescribed under subsection (a) on accident data
analysis, the results of ongoing research, and other
information, as appropriate.
(c) Prohibited Use.--Except as provided under subsection (d),
the Secretary shall prohibit the use of the devices described
in subsection (a) in circumstances in which the Secretary
determines that their use interferes with a driver's safe
operation of a motorcoach.
(d) Permitted Use.--The Secretary may permit the use of a
device that is otherwise prohibited under subsection (c) if the
Secretary determines that such use is necessary for the safety
of the driver or the public in emergency circumstances.
CHAPTER 313. COMMERCIAL MOTOR VEHICLE OPERATORS
31301. Definitions
In this chapter--
(1) ``alcohol'' has the same meaning given the term
``alcoholic beverage'' in section 158(c) of title 23.
(2) ``commerce'' means trade, traffic, and
transportation--
(A) in the jurisdiction of the United States
between a place in a State and a place outside
that State (including a place outside the
United States); or
(B) in the United States that affects trade,
traffic, and transportation described in
subclause (A) of this clause.
(3) ``commercial driver's license'' means a license
issued by a State to an individual authorizing the
individual to operate a class of commercial motor
vehicles.
(4) ``commercial motor vehicle'' means a motor
vehicle used in commerce to transport passengers or
property that--
(A) has a gross vehicle weight rating or
gross vehicle weight of at least 26,001 pounds,
whichever is greater, or a lesser gross vehicle
weight rating or gross vehicle weight the
Secretary of Transportation prescribes by
regulation, but not less than a gross vehicle
weight rating of 10,001 pounds;
(B) is designed to transport at least 16
passengers including the driver; or
(C) is used to transport material found by
the Secretary to be hazardous under section
5103 of this title, except that a vehicle shall
not be included as a commercial motor vehicle
under this subclause if--
(i) the vehicle does not satisfy the
weight requirements of subclause (A) of
this clause;
(ii) the vehicle is transporting
material listed as hazardous under
section 306(a) of the Comprehensive
Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C.
9656(a)) and is not otherwise regulated
by the Secretary or is transporting a
consumer commodity or limited quantity
of hazardous material as defined in
section 171.8 of title 49, Code of
Federal Regulations; and
(iii) the Secretary does not deny the
application of this exception to the
vehicle (individually or as part of a
class of motor vehicles) in the
interest of safety.
(5) except in section 31306, ``controlled substance''
has the same meaning given that term in section 102 of
the Comprehensive Drug Abuse Prevention and Control Act
of 1970 (21 U.S.C. 802).
(6) ``Disqualification'' means--
(A) the suspension, revocation, or
cancellation of a commercial driver's license
by the State of issuance;
(B) a withdrawal of an individual's privilege
to drive a commercial motor vehicle by a State
or other jurisdiction as the result of a
violation of State or local law relating to
motor vehicle traffic control, except for a
parking, vehicle weight, or vehicle defect
violation;
(C) a determination by the Secretary that an
individual is not qualified to operate a
commercial motor vehicle; or
(D) a determination by the Secretary that a
commercial motor vehicle driver is unfit under
section 31144(g).
[(6)] (7) ``driver's license'' means a license issued
by a State to an individual authorizing the individual
to operate a motor vehicle on highways.
[(7)] (8) ``employee'' means an operator of a
commercial motor vehicle (including an independent
contractor when operating a commercial motor vehicle)
who is employed by an employer.
[(8)] (9) ``employer'' means a person (including the
United States Government, a State, or a political
subdivision of a State) that owns or leases a
commercial motor vehicle or assigns employees to
operate a commercial motor vehicle.
[(9)] (10) ``felony'' means an offense under a law of
the United States or a State that is punishable by
death or imprisonment for more than one year.
[(10)] (11) ``foreign commercial driver'' means an
individual licensed to operate a commercial motor
vehicle by an authority outside the United States, or a
citizen of a foreign country who operates a commercial
motor vehicle in the United States.
[(10)] (12) ``hazardous material'' has the same
meaning given that term in section 5102 of this title.
[(11)] (13) ``motor vehicle'' means a vehicle,
machine, tractor, trailer, or semitrailer propelled or
drawn by mechanical power and used on public streets,
roads, or highways, but does not include a vehicle,
machine, tractor, trailer, or semitrailer operated only
on a rail line or custom harvesting farm machinery.
[(12)] (14) ``serious traffic violation'' means--
(A) excessive speeding, as defined by the
Secretary by regulation;
(B) reckless driving, as defined under State
or local law;
(C) a violation of a State or local law on
motor vehicle traffic control (except a parking
violation) and involving a fatality, other than
a violation to which section 31310(b)(1)(E) or
31310(c)(1)(E) applies;
(D) driving a commercial motor vehicle when
the individual has not obtained a commercial
driver's license;
(E) driving a commercial motor vehicle when
the individual does not have in his or her
possession a commercial driver's license unless
the individual provides, by the date that the
individual must appear in court or pay any fine
with respect to the citation, to the
enforcement authority that issued the citation
proof that the individual held a valid
commercial driver's license on the date of the
citation;
(F) driving a commercial motor vehicle when
the individual has not met the minimum testing
standards--
(i) under section 31305(a)(3) for the
specific class of vehicle the
individual is operating; or
(ii) under section 31305(a)(5) for
the type of cargo the vehicle is
carrying; and
(G) any other similar violation of a State or
local law on motor vehicle traffic control
(except a parking violation) that the Secretary
designates by regulation as serious.
[(13)] (15) ``State'' means a State of the United
States and the District of Columbia.
[(14)] (16) ``United States'' means the States of the
United States and the District of Columbia.
31304. Employer responsibilities
[An employer]
(a) In General._An employer may not [knowingly] allow an
employee to operate a commercial motor vehicle in the United
States during a period [in which] that the employer knows or
should reasonably know that the employee--
(1) has a driver's license revoked, suspended, or
canceled by a State, has lost the right to operate a
commercial motor vehicle in a State, or has been
disqualified from operating a commercial motor vehicle;
or
(2) has more than one driver's license (except as
allowed under section 31302 of this title).
(b) Driver Violation Records.--
(1) Periodic review.--Except as provided in paragraph
(3), an employer shall ascertain the driving record of
each driver it employs--
(A) by making an inquiry at least once every
12 months to the appropriate State agency in
which the driver held or holds a commercial
driver's license or permit during such time
period;
(B) by receiving occurrence-based reports of
changes in the status of a driver's record from
1 or more driver record notification systems
that meet minimum standards issued by the
Secretary; or
(C) by a combination of inquiries to States
and reports from driver record notification
systems.
(2) Record keeping.--A copy of the reports received
under paragraph (1) shall be maintained in the driver's
qualification file.
(3) Exceptions to record review requirement.--
Paragraph (1) shall not apply to a driver employed by
an employer who, in any 7-day period, is employed or
used as a driver by more than 1 employer--
(A) if the employer obtains the driver's
identification number, type, and issuing State
of the driver's commercial motor vehicle
license; or
(B) if the information described in
subparagraph (A) is furnished by another
employer and the employer that regularly
employs the driver meets the other requirements
under this section.
(4) Driver record notification system defined.--In
this section, the term ``driver record notification
system'' means a system that automatically furnishes an
employer with a report, generated by the appropriate
agency of a State, on the change in the status of an
employee's driver's license due to a conviction for a
moving violation, a failure to appear, an accident,
driver's license suspension, driver's license
revocation, or any other action taken against the
driving privilege.
[31305. General driver fitness and testing]
31305. General driver fitness, testing, and training
(a) Minimum Standards for Testing and Fitness.--The Secretary
of Transportation shall prescribe regulations on minimum
standards for testing and ensuring the fitness of an individual
operating a commercial motor vehicle. The regulations--
(1) shall prescribe minimum standards for written and
driving tests of an individual operating a commercial
motor vehicle;
(2) shall require an individual who operates or will
operate a commercial motor vehicle to take a driving
test in a vehicle representative of the type of vehicle
the individual operates or will operate;
(3) shall prescribe minimum testing standards for the
operation of a commercial motor vehicle and may
prescribe different minimum testing standards for
different classes of commercial motor vehicles;
(4) shall ensure that an individual taking the tests
has a working knowledge of--
(A) regulations on the safe operation of a
commercial motor vehicle prescribed by the
Secretary and contained in title 49, Code of
Federal Regulations; and
(B) safety systems of the vehicle;
(5) shall ensure that an individual who operates or
will operate a commercial motor vehicle carrying a
hazardous material--
(A) is qualified to operate the vehicle under
regulations on motor vehicle transportation of
hazardous material prescribed under chapter 51
of this title;
(B) has a working knowledge of--
(i) those regulations;
(ii) the handling of hazardous
material;
(iii) the operation of emergency
equipment used in response to
emergencies arising out of the
transportation of hazardous material;
and
(iv) appropriate response procedures
to follow in those emergencies; and
(C) is licensed by a State to operate the
vehicle after having first been determined
under section 5103a of this title as not posing
a security risk warranting denial of the
license.
(6) shall establish minimum scores for passing the
tests;
(7) shall ensure that an individual taking the tests
would not be subject to a disqualification under
section 31310(g) of this title and is qualified to
operate a commercial motor vehicle under regulations
prescribed by the Secretary and contained in title 49,
Code of Federal Regulations, to the extent the
regulations apply to the individual; and
(8) may require--
(A) issuance of a certification of fitness to
operate a commercial motor vehicle to an
individual passing the tests; and
(B) the individual to have a copy of the
certification in the individual's possession
when the individual is operating a commercial
motor vehicle.
(b) Requirements for Operating Vehicles.--
(1) Except as provided in paragraph (2) of this
subsection, an individual may operate a commercial
motor vehicle only if the individual has passed written
and driving tests that meet the minimum standards
prescribed by the Secretary under subsection (a) of
this section to operate the vehicle and has a
commercial driver's license to operate the vehicle.
(2) The Secretary may prescribe regulations providing
that an individual may operate a commercial motor
vehicle for not more than 90 days if the individual--
(A) passes a driving test for operating a
commercial motor vehicle that meets the minimum
standards prescribed under subsection (a) of
this section; and
(B) has a driver's license that is not
suspended, revoked, or canceled.
(c) Standards for Training.--Not later than 6 months after
the date of enactment of the Commercial Motor Vehicle Safety
Enhancement Act of 2011, the Secretary shall issue final
regulations establishing minimum entry-level training
requirements for an individual operating a commercial motor
vehicle--
(1) addressing the knowledge and skills that--
(A) are necessary for an individual operating
a commercial motor vehicle to safely operate a
commercial motor vehicle; and
(B) must be acquired before obtaining a
commercial driver's license for the first time
or upgrading from one class of commercial
driver's license to another class;
(2) addressing the specific training needs of a
commercial motor vehicle operator seeking passenger or
hazardous materials endorsements, including for an
operator seeking a passenger endorsement training--
(A) to suppress motorcoach fires; and
(B) to evacuate passengers from motorcoaches
safely;
(3) requiring effective instruction to acquire the
knowledge, skills, and training referred to in
paragraphs (1) and (2), including classroom and behind-
the-wheel instruction;
(4) requiring certification that an individual
operating a commercial motor vehicle meets the
requirements established by the Secretary; and
(5) requiring a training provider (including a public
or private driving school, motor carrier, or owner or
operator of a commercial motor vehicle) that offers
training that results in the issuance of a
certification to an individual under paragraph (4) to
demonstrate that the training meets the requirements of
the regulations, through a process established by the
Secretary.
31306. Alcohol and controlled substances testing
(a) Definition.--In this section and section 31306a,
``controlled substance'' means any substance under section 102
of the Comprehensive Drug Abuse Prevention and Control Act of
1970 (21 U.S.C. 802) specified by the Secretary of
Transportation.
(b) Testing Program for Operators of Commercial Motor
Vehicles.--
(1) (A) In the interest of commercial motor vehicle
safety, the Secretary of Transportation shall prescribe
regulations that establish a program requiring motor
carriers to conduct preemployment, reasonable
suspicion, random, and post-accident testing of
operators of commercial motor vehicles for the use of a
controlled substance in violation of law or a United
States Government regulation and to conduct reasonable
suspicion, random, and post-accident testing of such
operators for the use of alcohol in violation of law or
a United States Government regulation. The regulations
shall permit such motor carriers to conduct
preemployment testing of such employees for the use of
alcohol.
(B) When the Secretary of Transportation
considers it appropriate in the interest of
safety, the Secretary may prescribe regulations
for conducting periodic recurring testing of
operators of commercial motor vehicles for the
use of alcohol or a controlled substance in
violation of law or a Government regulation.
(2) In prescribing regulations under this subsection,
the Secretary of Transportation--
(A) shall require that post-accident testing
of an operator of a commercial motor vehicle be
conducted when loss of human life occurs in an
accident involving a commercial motor vehicle;
and
(B) may require that post-accident testing of
such an operator be conducted when bodily
injury or significant property damage occurs in
any other serious accident involving a
commercial motor vehicle.
(c) Testing and Laboratory Requirements.--In carrying out
subsection (b) of this section, the Secretary of Transportation
shall develop requirements that shall--
(1) promote, to the maximum extent practicable,
individual privacy in the collection of specimens;
(2) for laboratories and testing procedures for
controlled substances, incorporate the Department of
Health and Human Services scientific and technical
guidelines dated April 11, 1988, and any amendments to
those guidelines, including mandatory guidelines
establishing--
(A) comprehensive standards for every aspect
of laboratory controlled substances testing and
laboratory procedures to be applied in carrying
out this section, including standards requiring
the use of the best available technology to
ensure the complete reliability and accuracy of
controlled substances tests and strict
procedures governing the chain of custody of
specimens collected for controlled substances
testing;
(B) the minimum list of controlled substances
for which individuals may be tested; and
(C) appropriate standards and procedures for
periodic review of laboratories and criteria
for certification and revocation of
certification of laboratories to perform
controlled substances testing in carrying out
this section;
(3) require that a laboratory involved in testing
under this section have the capability and facility, at
the laboratory, of performing screening and
confirmation tests;
(4) provide that any test indicating the use of
alcohol or a controlled substance in violation of law
or a Government regulation be confirmed by a
scientifically recognized method of testing capable of
providing quantitative information about alcohol or a
controlled substance;
(5) provide that each specimen be subdivided,
secured, and labeled in the presence of the tested
individual and that a part of the specimen be retained
in a secure manner to prevent the possibility of
tampering, so that if the individual's confirmation
test results are positive the individual has an
opportunity to have the retained part tested by a 2d
confirmation test done independently at another
certified laboratory if the individual requests the 2d
confirmation test not later than 3 days after being
advised of the results of the first confirmation test;
(6) ensure appropriate safeguards for testing to
detect and quantify alcohol in breath and body fluid
samples, including urine and blood, through the
development of regulations that may be necessary and in
consultation with the Secretary of Health and Human
Services;
(7) provide for the confidentiality of test results
and medical information (except information about
alcohol or a controlled substance) of employees, except
that this clause does not prevent the use of test
results for the orderly imposition of appropriate
sanctions under this section; and
(8) ensure that employees are selected for tests by
nondiscriminatory and impartial methods, so that no
employee is harassed by being treated differently from
other employees in similar circumstances.
(d) Testing as Part of Medical Examination.--The Secretary of
Transportation may provide that testing under subsection (a) of
this section for operators subject to subpart E of part 391 of
title 49, Code of Federal Regulations, be conducted as part of
the medical examination required under that subpart.
(e) Rehabilitation.--The Secretary of Transportation shall
prescribe regulations establishing requirements for
rehabilitation programs that provide for the identification and
opportunity for treatment of operators of commercial motor
vehicles who are found to have used alcohol or a controlled
substance in violation of law or a Government regulation. The
Secretary shall decide on the circumstances under which those
operators shall be required to participate in a program. This
section does not prevent a motor carrier from establishing a
program under this section in cooperation with another motor
carrier.
[(f)] (f)(1) Sanctions.--The Secretary of Transportation
shall decide on appropriate sanctions for a commercial motor
vehicle operator who is found, based on tests conducted and
confirmed under this section, to have used alcohol or a
controlled substance in violation of law or a Government
regulation but who is not under the influence of alcohol or a
controlled substance as provided in this chapter.
(2) Additional sanctions.--The Secretary may require
a State to revoke, suspend, or cancel the commercial
driver's license of a commercial motor vehicle operator
who is found, based on a test conducted and confirmed
under this section, to have used alcohol or a
controlled substance in violation of law until the
commercial motor vehicle operator completes the
rehabilitation process under subsection (e).
(g) Effect on State and Local Government Regulations.--A
State or local government may not prescribe or continue in
effect a law, regulation, standard, or order that is
inconsistent with regulations prescribed under this section.
However, a regulation prescribed under this section may not be
construed to preempt a State criminal law that imposes
sanctions for reckless conduct leading to loss of life, injury,
or damage to property.
(h) International Obligations and Foreign Laws.--In
prescribing regulations under this section, the Secretary of
Transportation--
(1) shall establish only requirements that are
consistent with international obligations of the United
States; and
(2) shall consider applicable laws and regulations of
foreign countries.
(i) Other Regulations Allowed.--This section does not prevent
the Secretary of Transportation from continuing in effect,
amending, or further supplementing a regulation prescribed
before October 28, 1991, governing the use of alcohol or a
controlled substance by commercial motor vehicle employees.
(j) Application of Penalties.--This section does not
supersede a penalty applicable to an operator of a commercial
motor vehicle under this chapter or another law.
31306a. National clearinghouse for controlled substance and alcohol
test results of commercial motor vehicle operators
(a) Establishment.--
(1) In general.--Not later than 2 years after the
date of enactment of the Safe Roads Act of 2011, the
Secretary of Transportation shall establish a national
clearinghouse for records relating to alcohol and
controlled substances testing of commercial motor
vehicle operators.
(2) Purposes.--The purposes of the clearinghouse
shall be--
(A) to improve compliance with the Department
of Transportation's alcohol and controlled
substances testing program applicable to
commercial motor vehicle operators;
(B) to facilitate access to information about
an individual before employing the individual
as a commercial motor vehicle operator;
(C) to enhance the safety of our United
States roadways by reducing accident fatalities
involving commercial motor vehicles; and
(D) to reduce the number of impaired
commercial motor vehicle operators.
(3) Contents.--The clearinghouse shall function as a
repository for records relating to the positive test
results and test refusals of commercial motor vehicle
operators and violations by such operators of
prohibitions set forth in subpart B of part 382 of
title 49, Code of Federal Regulations (or any
subsequent corresponding regulations).
(4) Electronic exchange of records.--The Secretary
shall ensure that records can be electronically
submitted to, and requested from, the clearinghouse by
authorized users.
(5) Authorized operator.--The Secretary may authorize
a qualified and experienced private entity to operate
and maintain the clearinghouse and to collect fees on
behalf of the Secretary under subsection (e). The
entity shall establish, operate, maintain and expand
the clearinghouse and permit access to driver
information and records from the clearinghouse in
accordance with this section.
(b) Design of Clearinghouse.--
(1) Use of Federal Motor Carrier Safety
Administration recommendations.--In establishing the
clearinghouse, the Secretary shall consider--
(A) the findings and recommendations
contained in the Federal Motor Carrier Safety
Administration's March 2004 report to Congress
required under section 226 of the Motor Carrier
Safety Improvement Act of 1999 (49 U.S.C. 31306
note); and
(B) the findings and recommendations
contained in the Government Accountability
Office's May 2008 report to Congress entitled
``Motor Carrier Safety: Improvements to Drug
Testing Programs Could Better Identify Illegal
Drug Users and Keep Them off the Road.''.
(2) Development of secure processes.--In establishing
the clearinghouse, the Secretary shall develop a secure
process for--
(A) administering and managing the
clearinghouse in compliance with applicable
Federal security standards;
(B) registering and authenticating authorized
users of the clearinghouse;
(C) registering and authenticating persons
required to report to the clearinghouse under
subsection (g);
(D) preventing the unauthorized access of
information from the clearinghouse;
(E) storing and transmitting data;
(F) persons required to report to the
clearinghouse under subsection (g) to timely
and accurately submit electronic data to the
clearinghouse;
(G) generating timely and accurate reports
from the clearinghouse in response to requests
for information by authorized users; and
(H) updating an individual's record upon
completion of the return-to-duty process
described in title 49, Code of Federal
Regulations.
(3) Employer alert of positive test result.--In
establishing the clearinghouse, the Secretary shall
develop a secure method for electronically notifying an
employer of each additional positive test result or
other noncompliance--
(A) for an employee, that is entered into the
clearinghouse during the 7-day period
immediately following an employer's inquiry
about the employee; and
(B) for an employee who is listed as having
multiple employers.
(4) Archive capability.--In establishing the
clearinghouse, the Secretary shall develop a process
for archiving all clearinghouse records, including the
depositing of personal records, records relating to
each individual in the database, and access requests
for personal records, for the purposes of--
(A) auditing and evaluating the timeliness,
accuracy, and completeness of data in the
clearinghouse; and
(B) auditing to monitor compliance and
enforce penalties for noncompliance.
(5) Future needs.--
(A) Interoperability with other data
systems.--In establishing the clearinghouse,
the Secretary shall consider--
(i) the existing data systems
containing regulatory and safety data
for commercial motor vehicle operators;
(ii) the efficacy of using or
combining clearinghouse data with 1 or
more of such systems; and
(iii) the potential interoperability
of the clearinghouse with such systems.
(B) Specific considerations.--In carrying out
subparagraph (A), the Secretary shall
determine--
(i) the clearinghouse's capability
for interoperability with--
(I) the National Driver
Register established under
section 30302;
(II) the Commercial Driver's
License Information System
established under section
31309;
(III) the Motor Carrier
Management Information System
for preemployment screening
services under section 31150;
and
(IV) other data systems, as
appropriate; and
(ii) any change to the administration
of the current testing program, such as
forms, that is necessary to collect
data for the clearinghouse.
(c) Standard Formats.--The Secretary shall develop standard
formats to be used--
(1) by an authorized user of the clearinghouse to--
(A) request a record from the clearinghouse;
and
(B) obtain the consent of an individual who
is the subject of a request from the
clearinghouse, if applicable; and
(2) to notify an individual that a positive alcohol
or controlled substances test result, refusing to test,
and a violation of any of the prohibitions under
subpart B of part 382 of title 49, Code of Federal
Regulations (or any subsequent corresponding
regulations), will be reported to the clearinghouse.
(d) Privacy.--A release of information from the clearinghouse
shall--
(1) comply with applicable Federal privacy laws,
including the fair information practices under the
Privacy Act of 1974 (5 U.S.C. 552a);
(2) comply with applicable sections of the Fair
Credit Reporting Act (15 U.S.C. 1681 et seq.); and
(3) not be made to any person or entity unless
expressly authorized or required by law.
(e) Fees.--
(1) Authority to collect fees.--Except as provided
under paragraph (3), the Secretary may collect a
reasonable, customary, and nominal fee from an
authorized user of the clearinghouse for a request for
information from the clearinghouse.
(2) Use of fees.--Fees collected under this
subsection shall be used for the operation and
maintenance of the clearinghouse.
(3) Limitation.--The Secretary may not collect a fee
from an individual requesting information from the
clearinghouse that pertains to the record of that
individual.
(f) Employer Requirements.--
(1) Determination concerning use of clearinghouse.--
The Secretary shall determine if an employer is
authorized to use the clearinghouse to meet the alcohol
and controlled substances testing requirements under
title 49, Code of Federal Regulations.
(2) Applicability of existing requirements.--Each
employer and service agent shall comply with the
alcohol and controlled substances testing requirements
under title 49, Code of Federal Regulations.
(3) Employment prohibitions.--Beginning 30 days after
the date that the clearinghouse is established under
subsection (a), an employer shall not hire an
individual to operate a commercial motor vehicle unless
the employer determines that the individual, during the
preceding 3-year period--
(A) if tested for the use of alcohol and
controlled substances, as required under title
49, Code of Federal Regulations--
(i) did not test positive for the use
of alcohol or controlled substances in
violation of the regulations; or
(ii) tested positive for the use of
alcohol or controlled substances and
completed the required return-to-duty
process under title 49, Code of Federal
Regulations;
(B)(i) did not refuse to take an alcohol or
controlled substance test under title 49, Code
of Federal Regulations; or
(ii) refused to take an alcohol or
controlled substance test and completed
the required return-to-duty process
under title 49, Code of Federal
Regulations; and
(C) did not violate any other provision of
subpart B of part 382 of title 49, Code of
Federal Regulations (or any subsequent
corresponding regulations).
(4) Annual review.--Beginning 30 days after the date
that the clearinghouse is established under subsection
(a), an employer shall request and review a commercial
motor vehicle operator's record from the clearinghouse
annually for as long as the commercial motor vehicle
operator is under the employ of the employer.
(g) Reporting of Records.--
(1) In general.--Beginning 30 days after the date
that the clearinghouse is established under subsection
(a), a medical review officer, employer, service agent,
and other appropriate person, as determined by the
Secretary, shall promptly submit to the Secretary any
record generated after the clearinghouse is initiated
of an individual who--
(A) refuses to take an alcohol or controlled
substances test required under title 49, Code
of Federal Regulations;
(B) tests positive for alcohol or a
controlled substance in violation of the
regulations; or
(C) violates any other provision of subpart B
of part 382 of title 49, Code of Federal
Regulations (or any subsequent corresponding
regulations).
(2) Inclusion of records in clearinghouse.--The
Secretary shall include in the clearinghouse the
records of positive test results and test refusals
received under paragraph (1).
(3) Modifications and deletions.--If the Secretary
determines that a record contained in the clearinghouse
is not accurate, the Secretary shall modify or delete
the record, as appropriate.
(4) Notification.--The Secretary shall expeditiously
notify an individual, unless such notification would be
duplicative, when--
(A) a record relating to the individual is
received by the clearinghouse;
(B) a record in the clearinghouse relating to
the individual is modified or deleted, and
include in the notification the reason for the
modification or deletion; or
(C) a record in the clearinghouse relating to
the individual is released to an employer and
specify the reason for the release.
(5) Data quality and security standards for reporting
and releasing.--The Secretary may establish additional
requirements, as appropriate, to ensure that--
(A) the submission of records to the
clearinghouse is timely and accurate;
(B) the release of data from the
clearinghouse is timely, accurate, and released
to the appropriate authorized user under this
section; and
(C) an individual with a record in the
clearinghouse has a cause of action for any
inappropriate use of information included in
the clearinghouse.
(6) Retention of records.--The Secretary shall--
(A) retain a record submitted to the
clearinghouse for a 5-year period beginning on
the date the record is submitted;
(B) remove the record from the clearinghouse
at the end of the 5-year period, unless the
individual fails to meet a return-to-duty or
follow-up requirement under title 49, Code of
Federal Regulations; and
(C) retain a record after the end of the 5-
year period in a separate location for
archiving and auditing purposes.
(h) Authorized Users.--
(1) Employers.--The Secretary shall establish a
process for an employer to request and receive an
individual's record from the clearinghouse.
(A) Consent.--An employer may not access an
individual's record from the clearinghouse
unless the employer--
(i) obtains the prior written or
electronic consent of the individual
for access to the record; and
(ii) submits proof of the
individual's consent to the Secretary.
(B) Access to records.--After receiving a
request from an employer for an individual's
record under subparagraph (A), the Secretary
shall grant access to the individual's record
to the employer as expeditiously as
practicable.
(C) Retention of record requests.--The
Secretary shall require an employer to retain
for a 3-year period--
(i) a record of each request made by
the employer for records from the
clearinghouse; and
(ii) the information received
pursuant to the request.
(D) Use of records.--An employer may use an
individual's record received from the
clearinghouse only to assess and evaluate the
qualifications of the individual to operate a
commercial motor vehicle for the employer.
(E) Protection of privacy of individuals.--An
employer that receives an individual's record
from the clearinghouse under subparagraph (B)
shall--
(i) protect the privacy of the
individual and the confidentiality of
the record; and
(ii) ensure that information
contained in the record is not divulged
to a person or entity that is not
directly involved in assessing and
evaluating the qualifications of the
individual to operate a commercial
motor vehicle for the employer.
(2) State licensing authorities.--The Secretary shall
establish a process for the chief commercial driver's
licensing official of a State to request and receive an
individual's record from the clearinghouse if the
individual is applying for a commercial driver's
license from the State.
(A) Consent.--The Secretary may grant access
to an individual's record in the clearinghouse
under this paragraph without the prior written
or electronic consent of the individual. An
individual who holds a commercial driver's
license shall be deemed to consent to such
access by obtaining a commercial driver's
license.
(B) Protection of privacy of individuals.--A
chief commercial driver's licensing official of
a State that receives an individual's record
from the clearinghouse under this paragraph
shall--
(i) protect the privacy of the
individual and the confidentiality of
the record; and
(ii) ensure that the information in
the record is not divulged to any
person that is not directly involved in
assessing and evaluating the
qualifications of the individual to
operate a commercial motor vehicle.
(3) National transportation safety board.--The
Secretary shall establish a process for the National
Transportation Safety Board to request and receive an
individual's record from the clearinghouse if the
individual is involved in an accident that is under
investigation by the National Transportation Safety
Board.
(A) Consent.--The Secretary may grant access
to an individual's record in the clearinghouse
under this paragraph without the prior written
or electronic consent of the individual. An
individual who holds a commercial driver's
license shall be deemed to consent to such
access by obtaining a commercial driver's
license.
(B) Protection of privacy of individuals.--An
official of the National Transportation Safety
Board that receives an individual's record from
the clearinghouse under this paragraph shall--
(i) protect the privacy of the
individual and the confidentiality of
the record; and
(ii) unless the official determines
that the information in the
individual's record should be reported
under section 1131(e), ensure that the
information in the record is not
divulged to any person that is not
directly involved with investigating
the accident.
(4) Additional authorized users.--The Secretary shall
consider whether to grant access to the clearinghouse
to additional users. The Secretary may authorize access
to an individual's record from the clearinghouse to an
additional user if the Secretary determines that
granting access will further the purposes under
subsection (a)(2). In determining whether the access
will further the purposes under subsection (a)(2), the
Secretary shall consider, among other things--
(A) what use the additional user will make of
the individual's record;
(B) the costs and benefits of the use; and
(C) how to protect the privacy of the
individual and the confidentiality of the
record.
(i) Access to Clearinghouse by Individuals.--
(1) In general.--The Secretary shall establish a
process for an individual to request and receive
information from the clearinghouse--
(A) to determine whether the clearinghouse
contains a record pertaining to the individual;
(B) to verify the accuracy of a record;
(C) to update an individual's record,
including completing the return-to-duty process
described in title 49, Code of Federal
Regulations; and
(D) to determine whether the clearinghouse
received requests for the individual's
information.
(2) Dispute procedure.--The Secretary shall establish
a procedure, including an appeal process, for an
individual to dispute and remedy an administrative
error in the individual's record.
(j) Penalties.--
(1) In general.--An employer, employee, medical
review officer, or service agent who violates any
provision of this section shall be subject to civil
penalties under section 521(b)(2)(C) and criminal
penalties under section 521(b)(6)(B), and any other
applicable civil and criminal penalties, as determined
by the Secretary.
(2) Violation of privacy.--The Secretary shall
establish civil and criminal penalties, consistent with
paragraph (1), for an authorized user who violates
paragraph (2)(B) or (3)(B) of subsection (h).
(k) Compatibility of State and Local Laws.--
(1) Preemption.--Except as provided under paragraph
(2), any law, regulation, order, or other requirement
of a State, political subdivision of a State, or Indian
tribe related to a commercial driver's license holder
subject to alcohol or controlled substance testing
under title 49, Code of Federal Regulations, that is
inconsistent with this section or a regulation issued
pursuant to this section is preempted.
(2) Applicability.--The preemption under paragraph
(1) shall include--
(A) the reporting of valid positive results
from alcohol screening tests and drug tests;
(B) the refusal to provide a specimen for an
alcohol screening test or drug test; and
(C) other violations of subpart B of part 382
of title 49, Code of Federal Regulations (or
any subsequent corresponding regulations).
(3) Exception.--A law, regulation, order, or other
requirement of a State, political subdivision of a
State, or Indian tribe shall not be preempted under
this subsection to the extent it relates to an action
taken with respect to a commercial motor vehicle
operator's commercial driver's license or driving
record as a result of the driver's--
(A) verified positive alcohol or drug test
result;
(B) refusal to provide a specimen for the
test; or
(C) other violations of subpart B of part 382
of title 49, Code of Federal Regulations (or
any subsequent corresponding regulations).
(l) Definitions.--In this section--
(1) Authorized user.--The term ``authorized user''
means an employer, State licensing authority, National
Transportation Safety Board, or other person granted
access to the clearinghouse under subsection (h).
(2) Chief commercial driver's licensing official.--
The term ``chief commercial driver's licensing
official'' means the official in a State who is
authorized to--
(A) maintain a record about commercial
driver's licenses issued by the State; and
(B) take action on commercial driver's
licenses issued by the State.
(3) Clearinghouse.--The term ``clearinghouse'' means
the clearinghouse established under subsection (a).
(4) Commercial motor vehicle operator.--The term
``commercial motor vehicle operator'' means an
individual who--
(A) possesses a valid commercial driver's
license issued in accordance with section
31308; and
(B) is subject to controlled substances and
alcohol testing under title 49, Code of Federal
Regulations.
(5) Employer.--The term ``employer'' means a person
or entity employing, or seeking to employ, 1 or more
employees (including an individual who is self-
employed) to be commercial motor vehicle operators.
(6) Medical review officer.--The term ``medical
review officer'' means a licensed physician who is
responsible for--
(A) receiving and reviewing a laboratory
result generated under the testing program;
(B) evaluating a medical explanation for a
controlled substances test under title 49, Code
of Federal Regulations; and
(C) interpreting the results of a controlled
substances test.
(7) Secretary.--The term ``Secretary'' means the
Secretary of Transportation.
(8) Service agent.--The term ``service agent'' means
a person or entity, other than an employee of the
employer, who provides services to employers or
employees under the testing program.
(9) Testing program.--The term ``testing program''
means the alcohol and controlled substances testing
program required under title 49, Code of Federal
Regulations.
31307. Minimum training requirements for operators of longer
combination vehicles
(a) Definition.--In this section, ``longer combination
vehicle'' means a vehicle consisting of a truck tractor and
more than one trailer or semitrailer that operates on the
Dwight D. Eisenhower System of Interstate and Defense Highways
with a gross vehicle weight of more than 80,000 pounds.
(b) Requirements.--[Not later than December 18, 1994, the
Secretary of Transportation shall prescribe] The Secretary
shall maintain regulations establishing minimum training
requirements for operators of longer combination vehicles. The
training shall include certification of an operator's
proficiency by an instructor who has met the requirements
established by the Secretary.
31308. Commercial driver's license
After consultation with the States, the Secretary of
Transportation shall prescribe regulations on minimum uniform
standards for the issuance of commercial drivers' licenses and
learner's permits by the States and for information to be
contained on each of the licenses and permits. The standards
shall require at a minimum that--
[(1) an individual issued a commercial driver's
license pass written and driving tests for the
operation of a commercial motor vehicle that comply
with the minimum standards prescribed by the Secretary
under section 31305(a) of this title;]
(1) an individual issued a commercial driver's
license--
(A) pass written and driving tests for the
operation of a commercial motor vehicle that
comply with the minimum standards prescribed by
the Secretary under section 31305(a); and
(B) present certification of completion of
driver training that meets the requirements
established by the Secretary under section
31305(c);
(2) before a commercial driver's license learner's
permit may be issued to an individual, the individual
must pass a written test, that complies with the
minimum standards prescribed by the Secretary under
section 31305(a), on the operation of the commercial
motor vehicle that the individual will be operating
under the permit;
(3) the license or learner's permit be tamperproof to
the maximum extent practicable and each license issued
after January 1, 2001, include unique identifiers
(which may include biometric identifiers) to minimize
fraud and duplication; and
(4) the license or learner's permit contain--
(A) the name and address of the individual
issued the license or learner's permit and a
physical description of the individual;
(B) the social security account number or
other number or information the Secretary
decides is appropriate to identify the
individual;
(C) the class or type of commercial motor
vehicle the individual is authorized to operate
under the license or learner's permit;
(D) the name of the State that issued the
license or learner's permit; and
(E) the dates between which the license or
learner's permit is valid.
31309. Commercial driver's license information system
(a) General Requirement.--The Secretary of Transportation
shall maintain an information system that will serve as a
clearinghouse and depository of information about the
licensing, identification, and disqualification of operators of
commercial motor vehicles. The system shall be coordinated with
activities carried out under section 31106. The Secretary shall
consult with the States in carrying out this section.
(b) Contents.--
(1) At a minimum, the information system under this
section shall include for each operator of a commercial
motor vehicle--
(A) information the Secretary considers
appropriate to ensure identification of the
operator;
(B) the name, address, and physical
description of the operator;
(C) the social security account number of the
operator or other number or information the
Secretary considers appropriate to identify the
operator;
(D) the name of the State that issued the
license or learner's permit to the operator;
(E) the dates between which the license or
learner's permit is valid; and
(F) whether the operator had a commercial
motor vehicle driver's license or learner's
permit revoked, suspended, or canceled by a
State, lost the right to operate a commercial
motor vehicle in a State for any period, or has
been disqualified by the State that issued the
individual a commercial driver's license, or by
the Secretary, from operating a commercial
motor vehicle.
(2) The information system under this section must
accommodate any unique identifiers required to minimize
fraud or duplication of a commercial driver's license
or learner's permit under section [31308(2)] 31308(3).
(c) Availability of Information.--Information in the
information system shall be made available and subject to
review and correction in accordance with the policy developed
under section 31106(e).
(d) Fee System.--The Secretary may establish a fee system for
using the information system. Fees collected under this
subsection in a fiscal year shall equal as nearly as possible
the costs of operating the information system in that fiscal
year. The Secretary shall deposit fees collected under this
subsection in the Highway Trust Fund (except the Mass Transit
Account).
(e) Modernization Plan.--
(1) In general.--Not later than 120 days after the
date of enactment of this subsection, the Secretary
shall develop and publish a comprehensive national plan
to modernize the information system under this section
that--
(A) complies with applicable Federal
information technology security standards;
(B) provides for the electronic exchange of
all information including the posting of
convictions;
(C) contains self auditing features to ensure
that data is being posted correctly and
consistently by the States;
(D) integrates the commercial driver's
license and the medical certificate; and
(E) provides a schedule for modernization of
the system.
(2) Consultation.--The plan shall be developed in
consultation with representatives of the motor carrier
industry, State safety enforcement agencies, and State
licensing agencies designated by the Secretary.
(3) State funding of future efforts.--The plan shall
specify that States will fund future efforts to
modernize the commercial driver's information system.
(4) Deadline for State participation.--
[(A) In general.--The Secretary shall
establish in the plan a date by which all
States must be operating commercial driver's
license information systems that are compatible
with the modernized information system under
this section.]
(A) In general.--The plan shall specify--
(i) a date by which all States shall
be operating commercial driver's
license information systems that are
compatible with the modernized
information system under this section;
and
(ii) that States must use the systems
to receive and submit conviction and
disqualification data.
(B) Factors to consider.--In establishing the
date under subparagraph (A), the Secretary
shall consider the following:
(i) Availability and cost of
technology and equipment needed to
comply with subparagraph (A).
(ii) Time necessary to install, and
test the operation of, such technology
and equipment.
(5) Implementation.--The Secretary shall implement
the plan developed under subsection (a) and modernize
the information system under this section to meet the
requirements of the plan.
(f) Funding.--At the Secretary's discretion, a State may
[use] use, subject to section 31313(a), the funds made
available to the State under section 31313 to modernize its
commercial driver's license information system to be compatible
with the modernized information system under this section.
31310. Disqualifications
(a) Blood Alcohol Concentration Level.--In this section, the
blood alcohol concentration level at or above which an
individual when operating a commercial motor vehicle is deemed
to be driving under the influence of alcohol is .04 percent.
(b) First Violation or Committing Felony.--
(1) Except as provided in paragraph (2) of this
subsection and subsection (c) of this section, the
Secretary of Transportation shall disqualify from
operating a commercial motor vehicle for at least one
year an individual-
(A) committing a first violation of driving a
commercial motor vehicle under the influence of
alcohol or a controlled substance;
(B) committing a first violation of leaving
the scene of an accident involving a commercial
motor vehicle operated by the individual;
(C) using a commercial motor vehicle in
committing a felony (except a felony described
in subsection (d) of this section);
(D) committing a first violation of driving a
commercial motor vehicle when the individual's
commercial driver's license is revoked,
suspended, or canceled based on the
individual's operation of a [commercial] motor
vehicle or when the individual is disqualified
from operating a commercial motor vehicle based
on the individual's operation of a commercial
motor vehicle; or
(E) convicted of causing a fatality through
negligent or criminal operation of a commercial
motor vehicle.
(2) If the vehicle involved in a violation referred
to in paragraph (1) of this subsection is transporting
hazardous material required to be placarded under
section 5103 of this title, the Secretary shall
disqualify the individual for at least 3 years.
(c) Second and Multiple Violations.--
(1) Subject to paragraph (2) of this subsection, the
Secretary shall disqualify from operating a commercial
motor vehicle for life an individual--
(A) committing more than one violation of
driving a commercial motor vehicle under the
influence of alcohol or a controlled substance;
(B) committing more than one violation of
leaving the scene of an accident involving a
commercial motor vehicle operated by the
individual;
(C) using a commercial motor vehicle in
committing more than one felony arising out of
different criminal episodes;
(D) committing more than one violation of
driving a commercial motor vehicle when the
individual's commercial driver's license is
revoked, suspended, or canceled based on the
individual's operation of a [commercial] motor
vehicle or when the individual is disqualified
from operating a commercial motor vehicle based
on the individual's operation of a commercial
motor vehicle;
(E) convicted of more than one offense of
causing a fatality through negligent or
criminal operation of a commercial motor
vehicle; or
(F) committing any combination of single
violations or use described in subparagraphs
(A) through (E).
(2) The Secretary may prescribe regulations
establishing guidelines (including conditions) under
which a disqualification for life under paragraph (1)
of this subsection may be reduced to a period of not
less than 10 years.
[(d) Controlled Substance Violations.--The Secretary shall
disqualify from operating a commercial motor vehicle for life
an individual who uses a commercial motor vehicle in committing
a felony involving manufacturing, distributing, or dispensing a
controlled substance, or possession with intent to manufacture,
distribute, or dispense a controlled substance.]
(d) Controlled Substance Violations.--The Secretary may
permanently disqualify an individual from operating a
commercial vehicle if the individual--
(1) uses a commercial motor vehicle in the commission
of a felony involving manufacturing, distributing, or
dispensing a controlled substance, or possession with
intent to manufacture, distribute, or dispense a
controlled substance; or
(2) uses alcohol or a controlled substance, in
violation of section 31306, 3 or more times.
(e) Serious Traffic Violations.--
(1) The Secretary shall disqualify from operating a
commercial motor vehicle for at least 60 days an
individual who, in a 3-year period, commits 2 serious
traffic violations involving a commercial motor vehicle
operated by the individual.
(2) The Secretary shall disqualify from operating a
commercial motor vehicle for at least 120 days an
individual who, in a 3-year period, commits 3 serious
traffic violations involving a commercial motor vehicle
operated by the individual.
(f) Emergency Disqualification.--
(1) Limited duration.--The Secretary shall disqualify
an individual from operating a commercial motor vehicle
for not to exceed 30 days if the Secretary determines
that allowing the individual to continue to operate a
commercial motor vehicle would create an imminent
hazard (as such term is defined in section 521 or
section 5102).
(2) After notice and hearing.--The Secretary shall
disqualify an individual from operating a commercial
motor vehicle for more than 30 days if the Secretary
determines, after notice and an opportunity for a
hearing, that allowing the individual to continue to
operate a commercial motor vehicle would create an
imminent hazard (as such term is defined in section 521
or section 5102).
(g) Noncommercial Motor Vehicle Convictions.--
(1) Issuance of regulations.--[Not later than 1 year
after the date of the enactment of this Act, the] The
Secretary shall issue regulations providing for the
disqualification by the Secretary from operating a
commercial motor vehicle of an individual [who holds a
commercial driver's license and] who has been convicted
of--
(A) a serious offense involving a motor
vehicle (other than a commercial motor vehicle)
that has resulted in the revocation,
cancellation, or suspension of the individual's
license; or
(B) a drug or alcohol related offense
involving a motor vehicle (other than a
commercial motor vehicle).
(2) Requirements for regulations.--Regulations issued
under paragraph (1) shall establish the minimum periods
for which the disqualifications shall be in effect, but
in no case shall the time periods for disqualification
for noncommercial motor vehicle violations be more
stringent than those for offenses or violations
involving a commercial motor vehicle. The Secretary
shall determine such periods based on the seriousness
of the offenses on which the convictions are based.
(h) Disqualification for Failure To Pay.--The Secretary shall
disqualify from operating a commercial motor vehicle any
individual who fails to pay a civil penalty within the
prescribed period, or fails to conform to the terms of a
settlement with the Secretary. A disqualification shall
continue until the penalty is paid, or the individual conforms
to the terms of the settlement, unless the nonpayment is
because the individual is a debtor in a case under chapter 11
of title 11, United States Code.
[(h)] (i) State Disqualification.--[Notwithstanding
subsections (b) through (g)] Notwithstanding subsections (b)
through (h) of this section, the Secretary does not have to
disqualify an individual from operating a commercial motor
vehicle if the State that issued the individual a license
authorizing the operation has disqualified the individual from
operating a commercial motor vehicle under subsections (b)
through (g). If the State has not disqualified the individual
from operating a commercial vehicle under subsections (a)
through (g), the State shall disqualify the individual if the
Secretary determines under section 31144(g) that the individual
is disqualified from operating a commercial motor vehicle.
Revocation, suspension, or cancellation of the license is
deemed to be disqualification under this subsection.
[(i)] (j) Out-Of-Service Orders.--
(1)
(A) To enforce section 392.5 of title 49,
Code of Federal Regulations, the Secretary
shall prescribe regulations establishing and
enforcing an out-of-service period of 24 hours
for an individual who violates section 392.5.
An individual may not violate an out-of-service
order issued under those regulations.
(B) The Secretary shall prescribe regulations
establishing and enforcing requirements for
reporting out-of-service orders issued under
regulations prescribed under subparagraph (A)
of this paragraph. Regulations prescribed under
this subparagraph shall require at least that
an operator of a commercial motor vehicle who
is issued an out-of-service order to report the
issuance to the individual's employer and to
the State that issued the operator a driver's
license.
(2) The Secretary shall prescribe regulations
establishing sanctions and penalties related to
violations of out-of-service orders by individuals
operating commercial motor vehicles. The regulations
shall require at least that--
(A) an operator of a commercial motor vehicle
found to have committed a first violation of an
out-of-service order shall be disqualified from
operating such a vehicle for at least 180 days
and liable for a civil penalty of at least
$2,500;
(B) an operator of a commercial motor vehicle
found to have committed a 2d violation of an
out-of-service order shall be disqualified from
operating such a vehicle for at least 2 years
and not more than 5 years and liable for a
civil penalty of at least $5,000;
(C) an employer that knowingly allows or
requires an employee to operate a commercial
motor vehicle in violation of an out-of-service
order shall be liable for a civil penalty of
not more than $25,000; and
(D) an employer that knowingly and willfully
allows or requires an employee to operate a
commercial motor vehicle in violation of an
out-of-service order shall, upon conviction, be
subject for each offense to imprisonment for a
term not to exceed one year or a fine under
title 18, or both.
[(j)] (k) Grade-Grossing Violations.--
(1) Sanctions.--The Secretary shall issue regulations
establishing sanctions and penalties relating to
violations, by persons operating commercial motor
vehicles, of laws and regulations pertaining to
railroad-highway grade crossings.
(2) Minimum requirements.--The regulations issued
under paragraph (1) shall, at a minimum, require that--
(A) the penalty for a single violation is not
less than a 60-day disqualification of the
driver's commercial driver's license; and
(B) any employer that knowingly allows,
permits, authorizes, or requires an employee to
operate a commercial motor vehicle in violation
of such a law or regulation shall be subject to
a civil penalty of not more than $10,000.
[(k)] (l) Foreign Commercial Drivers.--A foreign commercial
driver shall be subject to disqualification under this section.
31311. Requirements for State participation
(a) General.--To avoid having amounts withheld from
apportionment under section 31314 of this title, a State shall
comply with the following requirements:
(1) The State shall adopt and carry out a program for
testing and ensuring the fitness of individuals to
operate commercial motor vehicles consistent with the
minimum standards prescribed by the Secretary of
Transportation under section 31305(a) of this title.
(2) The State may issue a commercial driver's license
to an individual only if the individual passes written
and driving tests for the operation of a commercial
motor vehicle that comply with the minimum standards.
(3) The State shall have in effect and enforce a law
providing that an individual with a blood alcohol
concentration level at or above the level established
by section 31310(a) of this title when operating a
commercial motor vehicle is deemed to be driving under
the influence of alcohol.
(4) The State shall authorize an individual to
operate a commercial motor vehicle only by issuing a
commercial driver's license containing the information
described in section 31308(3) of this title.
(5) [At least 60 days before issuing a commercial
driver's license (or a shorter period the Secretary
prescribes by regulation),] Not later than the time
period prescribed by the Secretary by regulation, the
State shall notify the Secretary or the operator of the
information system under section 31309 of this title,
as the case may be, of the proposed issuance of the
license and other information the Secretary may require
to ensure identification of the individual applying for
the license.
(6) Before issuing a commercial driver's license to
an individual or renewing such a license, the State
shall request from any other State that has issued a
driver's license to the individual all information
about the driving record of the individual.
(7) Not later than 30 days after issuing a commercial
driver's license, the State shall notify the Secretary
or the operator of the information system under section
31309 of this title, as the case may be, of the
issuance.
(8) Not later than 10 days after disqualifying the
holder of a commercial driver's license from operating
a commercial motor vehicle (or after revoking,
suspending, or canceling the license) for at least 60
days, the State shall notify the Secretary or the
operator of the information system under section 31309
of this title, as the case may be, and the State that
issued the license, of the disqualification,
revocation, suspension, or cancellation, and the
violation that resulted in the disqualification,
revocation, suspension, or cancellation shall be
recorded.
(9) If an individual violates a State or local law on
motor vehicle traffic control (except a parking
violation) and the individual--
(A) has a commercial driver's license issued
by another State; or
(B) is operating a commercial vehicle without
a commercial driver's license and has a
driver's license issued by another State,
the State in which the violation occurred shall notify
a State official designated by the issuing State of the
violations not later than 10 days after the date the
individual is found to have committed the violation.
(10) (A) The State may not issue a commercial
driver's license to an individual during a period in
which the individual is disqualified from operating a
commercial motor vehicle or the individual's driver's
license is revoked, suspended, or canceled.
(B) The State may not issue a special license
or permit (including a provisional or temporary
license) to an individual who holds a
commercial driver's license that permits the
individual to drive a commercial motor vehicle
during a period in which--
(i) the individual is disqualified
from operating a commercial motor
vehicle; or
(ii) the individual's driver's
license is revoked, suspended, or
canceled.
(11) The State may issue a commercial driver's
license to an individual who has a commercial driver's
license issued by another State only if the individual
first returns the driver's license issued by the other
State.
(12) The State may issue a commercial driver's
license only to an individual who operates or will
operate a commercial motor vehicle and is domiciled in
the State, except that, under regulations the Secretary
shall prescribe, the State may issue a commercial
driver's license to an individual who operates or will
operate a commercial motor vehicle and is not domiciled
in a State that issues commercial drivers' licenses.
(13) The State shall impose penalties consistent with
this chapter that the State considers appropriate and
the Secretary approves for an individual operating a
commercial motor vehicle.
(14) The State shall allow an individual to operate a
commercial motor vehicle in the State if--
(A) the individual has a commercial driver's
license issued by another State under the
minimum standards prescribed by the Secretary
under section 31305(a) of this title;
(B) the license is not revoked, suspended, or
canceled; and
(C) the individual is not disqualified from
operating a commercial motor vehicle.
(15) The State shall disqualify an individual from
operating a commercial motor vehicle for the same
reasons and time periods for which the Secretary shall
disqualify the individual under subsections (b)-(e),
(i)(1)(A) and (i)(2) of section 31310.
(16)
(A) Before issuing a commercial driver's
license to an individual, the State shall
request the Secretary for information from the
National Driver Register maintained under
chapter 303 of this title (after the Secretary
decides the Register is operational) on whether
the individual--
(i) has been disqualified from
operating a motor vehicle (except a
commercial motor vehicle);
(ii) has had a license (except a
license authorizing the individual to
operate a commercial motor vehicle)
revoked, suspended, or canceled for
cause in the 3-year period ending on
the date of application for the
commercial driver's license; or
(iii) has been convicted of an
offense specified in section
30304(a)(3) of this title.
(B) The State shall give full weight and
consideration to that information in deciding
whether to issue the individual a commercial
driver's license.
(17) The State shall adopt and enforce regulations
prescribed by the Secretary under section 31310(j) of
this title.
(18) The State shall maintain, as part of its driver
information system, a record of each violation of a
State or local motor vehicle traffic control law while
operating a motor vehicle (except a parking violation)
for each individual who holds a commercial driver's
license. The record shall be available upon request to
the individual, the Secretary, employers, prospective
employers, State licensing and law enforcement
agencies, and their authorized agents.
(19) The State shall--
(A) record in the driving record of an
individual who has a commercial driver's
license issued by the State; and
(B) make available to all authorized persons
and governmental entities having access to such
record,
all information the State receives under paragraph (9)
with respect to the individual and every violation by
the individual involving a motor vehicle (including a
commercial motor vehicle) of a State or local law on
traffic control (except a parking violation), not later
than 10 days after the date of receipt of such
information or the date of such violation, as the case
may be. The State may not allow information regarding
such violations to be withheld or masked in any way
from the record of an individual possessing a
commercial driver's license.
(20) The State shall revoke, suspend, or cancel the
commercial driver's license of an individual in
accordance with regulations issued by the Secretary to
carry out section 31310(g).
(21) By the date established by the Secretary under
section 31309(e)(4), the State shall be operating a
commercial driver's license information system that is
compatible with the modernized commercial driver's
license information system under section 31309.
(22) The State shall report a conviction of a foreign
commercial driver by that State to the Federal
Convictions and Withdrawal Database, or another
information system designated by the Secretary to
record the convictions. A report shall include--
(A) for a driver holding a foreign commercial
driver's license--
(i) each conviction relating to the
operation of a commercial motor
vehicle; and
(ii) a non-commercial motor vehicle;
and
(B) for an unlicensed driver or a driver
holding a foreign non-commercial driver's
license, each conviction for operating a
commercial motor vehicle.
(23) Not later than 1 year after the date of
enactment of the Commercial Motor Vehicle Safety
Enhancement Act of 2011, the State shall implement a
system and practices for the exclusive electronic
exchange of driver history record information on the
system the Secretary maintains under section 31309,
including the posting of convictions, withdrawals, and
disqualifications.
(24) Not later than 1 year after the date of
enactment of the Commercial Motor Vehicle Safety
Enhancement Act of 2011, the State shall establish and
maintain, as part of its driver information system, the
capability to receive an electronic copy of a medical
examiner's certificate, from a certified medical
examiner, for each holder of a commercial driver's
license issued by the State who operates or intends to
operate in interstate commerce.
(b) State Satisfaction of Requirements.--A State may satisfy
the requirements of subsection (a) of this section that the
State disqualify an individual from operating a commercial
motor vehicle by revoking, suspending, or canceling the
driver's license issued to the individual.
(c) Notification.--Not later than 30 days after being
notified by a State of the proposed issuance of a commercial
driver's license to an individual, the Secretary or the
operator of the information system under section 31309 of this
title, as the case may be, shall notify the State whether the
individual has a commercial driver's license issued by another
State or has been disqualified from operating a commercial
motor vehicle by another State or the Secretary.
(d) Critical Requirements.--
(1) Identification of critical requirements.--After
reviewing the requirements under subsection (a),
including the regulations issued pursuant to subsection
(a) and section 31309(e)(4), the Secretary shall
identify the requirements that are critical to an
effective State commercial driver's license program.
(2) Guidance.--Not later than 180 days after the date
of enactment of the Commercial Motor Vehicle Safety
Enhancement Act of 2011, the Secretary shall issue
guidance to assist States in complying with the
critical requirements identified under paragraph (1).
The guidance shall include a description of the actions
that each State must take to collect and share accurate
and complete data in a timely manner.
(e) State Commercial Driver's License Program Plan.--
(1) In general.--Not later than 180 days after the
Secretary issues guidance under subsection (d)(2), a
State shall submit a plan to the Secretary for
complying with the requirements under this section
during the period beginning on the date the plan is
submitted and ending on September 30, 2016.
(2) Contents.--A plan submitted by a State under
paragraph (1) shall identify--
(A) the actions that the State will take to
comply with the critical requirements
identified under subsection (d)(1);
(B) the actions that the State will take to
address any deficiencies in the State's
commercial driver's license program, as
identified by the Secretary in the most recent
audit of the program; and
(C) other actions that the State will take to
comply with the requirements under subsection
(a).
(3) Priority.--
(A) Implementation schedule.--A plan
submitted by a State under paragraph (1) shall
include a schedule for the implementation of
the actions identified under paragraph (2). In
establishing the schedule, the State shall
prioritize the actions identified under
paragraphs (2)(A) and (2)(B).
(B) Deadline for compliance with critical
requirements.--A plan submitted by a State
under paragraph (1) shall include assurances
that the State will take the necessary actions
to comply with the critical requirements
pursuant to subsection (d) not later than
September 30, 2015.
(4) Approval and disapproval.--The Secretary shall--
(A) review each plan submitted under
paragraph (1);
(B) approve a plan that the Secretary
determines meets the requirements under this
subsection and promotes the goals of this
chapter; and
(C) disapprove a plan that the Secretary
determines does not meet the requirements or
does not promote the goals.
(5) Modification of disapproved plans.--If the
Secretary disapproves a plan under paragraph (4)(C),
the Secretary shall--
(A) provide a written explanation of the
disapproval to the State; and
(B) allow the State to modify the plan and
resubmit it for approval.
(6) Plan updates.--The Secretary may require a State
to review and update a plan, as appropriate.
(f) Annual Comparison of State Levels of Compliance.--The
Secretary shall annually--
(1) compare the relative levels of compliance by
States with the requirements under subsection (a); and
(2) make the results of the comparison available to
the public.
31312. Decertification authority
(a) In General.--If the Secretary of Transportation
determines that a State is in substantial noncompliance with
this chapter, the Secretary shall issue an order to--
(1) prohibit that State from carrying out licensing
procedures under this chapter; and
(2) prohibit that State from issuing any commercial
driver's licenses until such time the Secretary
determines such State is in substantial compliance with
this chapter.
(b) Deadline for Compliance With Critical Requirements.--
Beginning on October 1, 2016, in making a determination under
subsection (a), the Secretary shall consider a State to be in
substantial noncompliance with this chapter if the Secretary
determines that--
(1) the State is not complying with a critical
requirement under section 31311(d)(1); and
(2) sufficient grant funding was made available to
the State under section 31313(a) to comply with the
requirement.
[(b)] (c) Effect on Other States.--A State (other than a
State subject to an order under subsection (a)) may issue a
non-resident commercial driver's license to an individual
domiciled in a State that is prohibited from such activities
under subsection (a) if that individual meets all requirements
of this chapter and the nonresident licensing requirements of
the issuing State.
[(c)] (d) Previously Issued Licenses.--Nothing in this
section shall be construed as invalidating or otherwise
affecting commercial driver's licenses issued by a State before
the date of issuance of an order under subsection (a) with
respect to the State.
[31313. Grants for commercial driver's license program improvements
[(a) Grants for Commercial Driver's License Program
Improvements.--
[(1) General authority.--The Secretary of
Transportation may make a grant to a State in a fiscal
year--
[(A) to comply with the requirements of
section 31311; and
[(B) in the case of a State that is making a
good faith effort toward substantial compliance
with the requirements of section 31311 and this
section, to improve its implementation of its
commercial driver's license program.
[(2) Purposes for which grants may be used.--
[(A) In general.--A State may use grants
under paragraphs (1)(A) and (1)(B) only for
expenses directly related to its compliance
with section 31311; except that a grant under
paragraph (1)(B) may be used for improving
implementation of the State's commercial
driver's license program, including expenses
for computer hardware and software,
publications, testing, personnel, training, and
quality control. The grant may not be used to
rent, lease, or buy land or buildings.
[(B) Priority.--In making grants under
paragraph (1)(B), the Secretary shall give
priority to States that will use such grants to
achieve compliance with the requirements of the
Motor Carrier Safety Improvement Act of 1999,
including the amendments made by such Act.
[(3) Application.--In order to receive a grant under
this section, a State shall submit an application for
such grant that is in such form, and contains such
information, as the Secretary may require. The
application shall include the State's assessment of its
commercial driver's license program.
[(4) Maintenance of expenditures.--The Secretary may
make a grant to a State under this subsection only if
the State agrees that the total expenditure of amounts
of the State and political subdivisions of the State,
exclusive of amounts from the United States, for the
State's commercial driver's license program will be
maintained at a level at least equal to the average
level of that expenditure by the State and political
subdivisions of the State for the last 2 fiscal years
of the State ending before the date of enactment of
this section.
[(5) Government share.--The Secretary shall reimburse
a State under a grant made under this subsection an
amount that is not more than 100 percent of the costs
incurred by the State in a fiscal year in complying
with section 31311 and improving its implementation of
its commercial driver's license program. In determining
such costs, the Secretary shall include in-kind
contributions by the State. Amounts required to be
expended by the State under paragraph (4) may not be
included as part of the non-Federal share of such
costs.
[(b) High-Priority Activities.--
[(1) Grants for national concerns.--The Secretary may
make a grant to a State agency, local government, or
other person for 100 percent of the costs of research,
development, demonstration projects, public education,
and other special activities and projects relating to
commercial driver licensing and motor vehicle safety
that are of benefit to all jurisdictions of the United
States or are designed to address national safety
concerns and circumstances.
[(2) Funding.-The Secretary may deduct up to 10
percent of the amounts made available to carry out this
section for a fiscal year to make grants under this
subsection.
[(c) Emerging Issues.--The Secretary may designate up to 10
percent of the amounts made available to carry out this section
for a fiscal year for allocation to a State agency, local
government, or other person at the discretion of the Secretary
to address emerging issues relating to commercial driver's
license improvements.
[(d) Apportionment.--Except as otherwise provided in
subsection (c), all amounts made available to carry out this
section for a fiscal year shall be apportioned to States
according to criteria prescribed by the Secretary.]
31313. Driver safety grants
(a) General Authority.--The Secretary shall make and
administer a driver focused grant program to assist the States,
local governments, entities, and other persons with commercial
driver's license systems, programs, training, fraud detection,
reporting of violations and other programs required to improve
the safety of drivers as the Federal Motor Carrier Safety
Administration deems critical. The Secretary shall allocate the
funds for the program in accordance with section 31104.
(b) Commercial Driver's License Program Improvement Grants.--
(1) Program goal.--The Secretary of Transportation
may make a grant to a State in a fiscal year--
(A) to comply with the requirements of
section 31311;
(B) in the case of a State that is making a
good faith effort toward substantial compliance
with the requirements of this section and
section 31311, to improve its implementation of
its commercial driver's license program;
(C) for research, development demonstration
projects, public education, and other special
activities and projects relating to commercial
driver licensing and motor vehicle safety that
are of benefit to all jurisdictions of the
United States or are designed to address
national safety concerns and circumstances;
(D) for commercial driver's license program
coordinators;
(E) to implement or maintain a system to
notify an employer of an operator of a
commercial motor vehicle of the suspension or
revocation of the operator's commercial
driver's license consistent with the standards
developed under section 304(b) of the
Commercial Motor Vehicle Safety Enhancement Act
of 2011; or
(F) to train operators of commercial motor
vehicles, as defined under section 31301, and
to train operators and future operators in the
safe use of such vehicles. Funding priority for
this discretionary grant program shall be to
regional or multi-state educational or
nonprofit associations serving economically
distressed regions of the United States.
(2) Priority.--The Secretary shall give priority, in
making grants under paragraph (1)(B), to a State that
will use the grants to achieve compliance with the
requirements of the Motor Carrier Safety Improvement
Act of 1999 (113 Stat. 1748), including the amendments
made by the Commercial Motor Vehicle Safety Enhancement
Act of 2011.
(3) Recipients.--The Secretary may allocate grants to
State agencies, local governments, and other persons
for carrying out activities and projects that improve
commercial driver's license safety and compliance with
commercial driver's license and commercial motor
vehicle safety regulations in accordance with the
program goals under paragraph (1) and that train
operators on commercial motor vehicles. The Secretary
may make a grant to a State to comply with section
31311 for commercial driver's license program
coordinators and for notification systems.
(4) Federal share.--The Federal share of a grant made
under this program shall be at least 80 percent, except
that the Federal share of grants for commercial driver
license program coordinators and training commercial
motor vehicle operators shall be 100 percent.
31315. Waivers, exemptions, and pilot programs
(a) Waivers.--The Secretary may grant a waiver that relieves
a person from compliance in whole or in part with a regulation
issued under this chapter or section 31136 if the Secretary
determines that it is in the public interest to grant the
waiver and that the waiver is likely to achieve a level of
safety that is equivalent to, or greater than, the level of
safety that would be obtained in the absence of the waiver--
(1) for a period not in excess of 3 months;
(2) limited in scope and circumstances; and
[(3) for nonemergency and unique events; and]
[(4)] (3) subject to such conditions as the Secretary
may impose.
(b) Exemptions.--
(1) In general.--Upon receipt of a request pursuant
to paragraph (3), the Secretary of Transportation may
grant to a person or class of persons an exemption from
a regulation prescribed under this chapter or section
31136 if the Secretary finds such exemption would
likely achieve a level of safety that is equivalent to,
or greater than, the level that would be achieved
absent such exemption. An exemption may be granted for
no longer than 2 years from its approval date and may
be renewed upon application to the Secretary.
(2) Authority to revoke exemption.--The Secretary
shall immediately revoke an exemption if--
(A) the person fails to comply with the terms
and conditions of such exemption;
(B) the exemption has resulted in a lower
level of safety than was maintained before the
exemption was granted; or
(C) continuation of the exemption would not
be consistent with the goals and objectives of
this chapter or section 31136, as the case may
be.
(3) Requests for exemption.--Not later than 180 days
after the date of enactment of this section and after
notice and an opportunity for public comment, the
Secretary shall specify by regulation the procedures by
which a person may request an exemption. Such
regulations shall, at a minimum, require the person to
provide the following information for each exemption
request:
(A) The provisions from which the person
requests exemption.
(B) The time period during which the
requested exemption would apply.
(C) An analysis of the safety impacts the
requested exemption may cause.
(D) The specific countermeasures the person
would undertake to ensure an equivalent or
greater level of safety than would be achieved
absent the requested exemption.
(4) Notice and comment.--
(A) Upon receipt of a request. Upon receipt
of an exemption request, the Secretary shall
publish in the Federal Register (or, in the
case of a request for an exemption from the
physical qualification standards for commercial
motor vehicle drivers, post on a web site
established by the Secretary to implement the
requirements of section 31149) a notice
explaining the request that has been filed and
shall give the public an opportunity to inspect
the safety analysis and any other relevant
information known to the Secretary and to
comment on the request. This subparagraph does
not require the release of information
protected by law from public disclosure.
[(B) Upon granting a request. Upon granting a
request for exemption, the Secretary shall
publish in the Federal Register the name of the
person granted the exemption, the provisions
from which the person will be exempt, the
effective period, and all terms and conditions
of the exemption.]
(B) Upon granting a request.--Upon granting a
request and before the effective date of the
exemption, the Secretary shall publish in the
Federal Register (or, in the case of an
exemption from the physical qualification
standards for commercial motor vehicle drivers,
post on a web site established by the Secretary
to implement the requirements of section 31149)
the name of the person granted the exemption,
the provisions from which the person is exempt,
the effective period, and the terms and
conditions of the exemption.
(C) After denying a request.--After denying a
request for exemption, the Secretary shall
publish in the Federal Register (or, in the
case of a request for an exemption from the
physical qualification standards for commercial
motor vehicle drivers, post on a web site
established by the Secretary to implement the
requirements of section 31149) the name of the
person denied the exemption and the reasons for
such denial. The Secretary may meet the
requirement of this subparagraph by
periodically publishing in the Federal Register
the names of persons denied exemptions and the
reasons for such denials.
(5) Applications to be dealt with promptly.--The
Secretary shall grant or deny an exemption request
after a thorough review of its safety implications, but
in no case later than 180 days after the filing date of
such request.
(6) Terms and conditions.--The Secretary shall
establish terms and conditions for each exemption to
ensure that it will likely achieve a level of safety
that is equivalent to, or greater than, the level that
would be achieved absent such exemption. The Secretary
shall monitor the implementation of the exemption to
ensure compliance with its terms and conditions.
[(7) Notification of state compliance and enforcement
personnel.--Before granting a request for exemption,
the Secretary shall notify State safety compliance and
enforcement personnel, including roadside inspectors,
and the public that a person will be operating pursuant
to an exemption and any terms and conditions that will
apply to the exemption.]
(7) Notification of State compliance and enforcement
personnel.--Before the effective date of an exemption,
the Secretary shall notify a State safety compliance
and enforcement agency, and require the agency pursuant
to section 31102(b)(1)(Y) to notify the State's
roadside inspectors, that a person will be operating
pursuant to an exemption and the terms and conditions
that apply to the exemption.
(c) Pilot Programs.--
(1) In general.--The Secretary may conduct pilot
programs to evaluate alternatives to regulations
relating to, or innovative approaches to, motor
carrier, commercial motor vehicle, and driver safety.
Such pilot programs may include exemptions from a
regulation prescribed under this chapter or section
31136 if the pilot program contains, at a minimum, the
elements described in paragraph (2). The Secretary
shall publish [in the Federal Register] a detailed
description of each pilot program, including the
exemptions to be considered, and provide notice and an
opportunity for public comment before the effective
date of the program.
(2) Program elements.--In proposing a pilot program
and before granting exemptions for purposes of a pilot
program, the Secretary shall require, as a condition of
approval of the project, that the safety measures in
the project are designed to achieve a level of safety
that is equivalent to, or greater than, the level of
safety that would otherwise be achieved through
compliance with the regulations prescribed under this
chapter or section 31136. The Secretary shall include,
at a minimum, the following elements in each pilot
program plan:
(A) A scheduled life of each pilot program of
not more than 3 years.
(B) A specific data collection and safety
analysis plan that identifies a method for
comparison.
(C) A reasonable number of participants
necessary to yield statistically valid
findings.
(D) An oversight plan to ensure that
participants comply with the terms and
conditions of participation.
(E) Adequate countermeasures to protect the
health and safety of study participants and the
general public.
(F) A plan to inform State partners and the
public about the pilot program and to identify
approved participants to safety compliance and
enforcement personnel and to the public.
(3) Authority to revoke participation.--The Secretary
shall immediately revoke participation in a pilot
program of a motor carrier, commercial motor vehicle,
or driver for failure to comply with the terms and
conditions of the pilot program or if continued
participation would not be consistent with the goals
and objectives of this chapter or section 31136, as the
case may be.
(4) Authority to terminate program.--The Secretary
shall immediately terminate a pilot program if its
continuation would not be consistent with the goals and
objectives of this chapter or section 31136, as the
case may be.
(5) Report to congress.--At the conclusion of each
pilot program, the Secretary shall report to Congress
the findings, conclusions, and recommendations of the
program, including suggested amendments to laws and
regulations that would enhance motor carrier,
commercial motor vehicle, and driver safety and improve
compliance with national safety standards.
(d) Preemption of State Rules.--During the time period that a
waiver, exemption, or pilot program is in effect under this
chapter or section 31136, no State shall enforce any law or
regulation that conflicts with or is inconsistent with the
waiver, exemption, or pilot program with respect to a person
operating under the waiver or exemption or participating in the
pilot program.
(e) Report to Congress.--The Secretary shall submit an annual
report to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives listing the waivers, exemptions, and pilot
programs granted under this section, and any impacts on safety.
(f) Web Site.--The Secretary shall ensure that the Federal
Motor Carrier Safety Administration web site includes a link to
the web site established by the Secretary to implement the
requirements under sections 31149 and 31315. The link shall be
in a clear and conspicuous location on the home page of the
Federal Motor Carrier Safety Administration web site and be
easily accessible to the public.
SUBTITLE X. MISCELLANEOUS
CHAPTER 805. MISCELLANEOUS
80502. Transportation of animals
(a) Confinement.--
(1) Except as provided in this section, a rail
carrier, express carrier, or common carrier (except by
air or water), a receiver, trustee, or lessee of one of
those carriers, or an owner or master of a vessel
transporting animals from a place in a State, the
District of Columbia, or a territory or possession of
the United States through or to a place in another
State, the District of Columbia, or a territory or
possession, may not confine animals in a vehicle or
vessel for more than 28 consecutive hours without
unloading the animals for feeding, water, and rest.
(2) Sheep may be confined for an additional 8
consecutive hours without being unloaded when the 28-
hour period of confinement ends at night. Animals may
be confined for--
(A) more than 28 hours when the animals
cannot be unloaded because of accidental or
unavoidable causes that could not have been
anticipated or avoided when being careful; and
(B) 36 consecutive hours when the owner or
person having custody of animals being
transported requests, in writing and separate
from a bill of lading or other rail form, that
the 28-hour period be extended to 36 hours.
(3) Time spent in loading and unloading animals is
not included as part of a period of confinement under
this subsection.
(b) Unloading, Feeding, Watering, and Rest.--Animals being
transported shall be unloaded in a humane way into pens
equipped for feeding, water, and rest for at least 5
consecutive hours. The owner or person having custody of the
animals shall feed and water the animals. When the animals are
not fed and watered by the owner or person having custody, the
rail carrier, express carrier, or common carrier (except by air
or water), the receiver, trustee, or lessee of one of those
carriers, or the owner or master of a vessel transporting the
animals--
(1) shall feed and water the animals at the
reasonable expense of the owner or person having
custody, except that the owner or shipper may provide
food;
(2) has a lien on the animals for providing food,
care, and custody that may be collected at the
destination in the same way that a transportation
charge is collected; and
(3) is not liable for detaining the animals for a
reasonable period to comply with subsection (a) of this
section.
(c) Nonapplication.--[This section does not] Subsections (a)
and (b) shall not apply when animals are transported in a
vehicle or vessel in which the animals have food, water, space,
and an opportunity for rest.
(d) Transportation of Horses.--
(1) Prohibition.--No person may transport, or cause
to be transported, a horse from a place in a State, the
District of Columbia, or a territory or possession of
the United States through or to a place in another
State, the District of Columbia, or a territory or
possession of the United States in a motor vehicle
containing 2 or more levels stacked on top of each
other.
(2) Motor vehicle defined.--In this subsection, the
term ``motor vehicle''--
(A) means a vehicle driven or drawn by
mechanical power and manufactured primarily for
use on public highways; and
(B) does not include a vehicle operated
exclusively on a rail or rails.
[(d)] (e) Civil penalty.--[A rail carrier]
(1) In general._A rail carrier, express carrier, or
common carrier (except by air or water), a receiver,
trustee, or lessee of one of those carriers, or an
owner or master of a vessel that knowingly and
willfully violates [this section] subsection (a) or (b)
is liable to the United States Government for a civil
penalty of at least $100 but not more than $500 for
each violation. [On learning]
(2) Transportation of horses in multilevel trailer.--
(A) Civil penalty.--A person that knowingly
violates subsection (d) is liable to the United
States Government for a civil penalty of at
least $100 but not more than $500 for each
violation. A separate violation occurs under
subsection (d) for each horse that is
transported, or caused to be transported, in
violation of subsection (d).
(B) Relationship to other laws.--The penalty
provided under subparagraph (A) shall be in
addition to any penalty or remedy available
under any other law.
(3) Civil action.--On learning of a violation, the
Attorney General shall bring a civil action to collect
the penalty in the district court of the United States
for the judicial district in which the violation
occurred or the defendant resides or does business.
MOTOR CARRIER SAFETY IMPROVEMENT ACT OF 1999
SEC. 210. MINIMUM REQUIREMENTS FOR APPLICANT MOTOR CARRIERS.
[49 U.S.C. 31144 note]
* * * * * * *
(b) The Secretary shall initiate a rulemaking to establish
minimum requirements for applicant motor carriers, including
foreign motor carriers, seeking Federal interstate operating
authority to ensure applicant carriers are knowledgeable about
applicable Federal motor carrier safety standards. As part of
that rulemaking, the Secretary shall [consider the
establishment of] establish a proficiency examination for
applicant motor carriers as well as other requirements to
ensure such applicants understand applicable safety
regulations, commercial regulations, and provisions of subpart
H of part 37 of title 49, Code of Federal Regulations, or
successor regulations before being granted operating authority.
SAFE, ACCOUNTABLE, FLEXIBLE, EFFICIENT TRANSPORTATION EQUITY ACT: A
LEGACY FOR USERS (SAFETEA-LU)
SEC. 4123. COMMERCIAL DRIVER'S LICENSE INFORMATION SYSTEM
MODERNIZATION.
* * * * * * *
(f) Baseline Audit.--[Not later than 1 year after the date of
enactment of this Act, the] The Secretary, in consultation with
the Inspector General of the Department of Transportation,
shall perform a baseline audit of the information system
maintained under section 31309 of title 49, United States Code.
The audit shall include--
(1) an assessment of the validity of data in the
information system on a State-by-State basis;
(2) an assessment of the extent to which convictions
are validly posted on a driver's record;
(3) recommendations to the Secretary on how to update
the baseline audit annually to ensure that any
shortcomings in the information system are addressed,
and a methodology for conducting the update;
(4) identification, on a State-by-State basis, of any
actions that the Inspector General finds necessary to
improve the integrity of data collected by the system
and to ensure the proper posting of convictions; and
(5) an analysis of amounts and use of the revenues
derived from fees charged for use of the commercial
driver's license information system.
[SEC. 4138. HIGH RISK CARRIER COMPLIANCE REVIEWS.
[49 U.S.C. 31144 note]
[From the funds authorized by section 31104(i) of title 49,
United States Code, the Secretary shall ensure that compliance
reviews are completed on motor carriers that have demonstrated
through performance data that they pose the highest safety
risk. At a minimum, a compliance review shall be conducted
whenever a motor carrier is rated as category A or B for 2
consecutive months.]
SEC. 4144. MOTOR CARRIER SAFETY ADVISORY COMMITTEE.
[49 U.S.C. 31100 note]
(a) Establishment and Duties.--The Secretary shall establish
in the Federal Motor Carrier Safety Administration a motor
carrier safety advisory committee. The committee shall--
(1) provide advice and recommendations to the
Administrator of the Federal Motor Carrier Safety
Administration about needs, objectives, plans,
approaches, content, and accomplishments of the motor
carrier safety programs carried out by the
Administration; and
(2) provide advice and recommendations to the
Administrator on motor carrier safety regulations.
(b) Members, Chairman, Pay, and Expenses.--
(1) In general.--The committee shall be composed of
not more than 20 members appointed by the Administrator
from among individuals who are not employees of the
Administration and who are specially qualified to serve
on the committee because of their education, training,
or experience. The members shall include
representatives of the motor carrier industry,
nonprofit employee labor organizations representing
commercial motor vehicle drivers, safety advocates, and
safety enforcement officials. Representatives of a
single enumerated interest group may not constitute a
majority of the members of the advisory committee.
(2) Chairman.--The Administrator shall designate the
chairman of the committee.
(3) Pay.--A member of the committee shall serve
without pay; except that the Administrator may allow a
member, when attending meetings of the committee or a
subcommittee of the committee, expenses authorized
under section 5703 of title 5, relating to per diem,
travel, and transportation expenses.
(c) Support Staff, Information, and Services.--The
Administrator shall provide support staff for the committee. On
request of the committee, the Administrator shall provide
information, administrative services, and supplies that the
Administrator considers necessary for the committee to carry
out its duties and powers.
(d) Termination Date.--Notwithstanding the Federal Advisory
Committee Act (5 U.S.C. App.), the advisory committee shall
terminate on [March 31, 2012] September 30, 2013.