I
106TH CONGRESS
1ST SESSION
H. R. 2682
To amend title 49, United States Code, to enhance the safety of motor
carrier operations and the Nation’s highway system, including highway-
rail crossings, by amending existing safety laws to strengthen commercial
driver licensing, to improve compliance, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
AUGUST 3, 1999
Mr. SHUSTER (for himself, Mr. OBERSTAR, Mr. PETRI, and Mr. RAHALL) (by
request) introduced the following bill; which was referred to the Com-
mittee on Transportation and Infrastructure
A BILL
To amend title 49, United States Code, to enhance the
safety of motor carrier operations and the Nation’s high-
way system, including highway-rail crossings, by amend-
ing existing safety laws to strengthen commercial driver
licensing, to improve compliance, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
TITLE I—MOTOR CARRIER
SAFETY
SECTION 101. SHORT TITLE.
This title may be cited as the ‘‘Motor Carrier Safety
Act of 1999’’.
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SEC. 102. COMMERCIAL DRIVERS’ LICENSES.
(a) DRIVER’S LICENSE CRITERIA.—Section 31305(a)
of title 49, United States Code, is amended by—
(1) striking ‘‘and’’ after the semicolon in para-
graph (7);
(2) redesignating paragraph (8) as (9); and
(3) adding a new paragraph (8) after para-
graph (7) as follows:
‘‘(8) shall ensure that an individual who oper-
ates or will operate a commercial motor vehicle has
received training, including in-vehicle training, in the
safe operation of a motor vehicle of the type the in-
dividual operates or will operate; and’’.
(b) 
MOVING
TRAFFIC
VIOLATIONS.—Section
31311(a) of title 49, United States Code, is amended by—
(1) redesignating paragraph (17) as (18); and
(2) adding a new paragraph (17) after para-
graph (16) as follows:
‘‘(17) The State shall record on a driver’s com-
mercial driver’s license record each conviction for a
moving traffic violation, including such a conviction
for a violation committed in a non-commercial motor
vehicle.’’.
(c) DRUG- OR ALCOHOL-RELATED VIOLATIONS.—
Section 31311(a) of title 49, United States Code, is fur-
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ther amended by adding a new paragraph at the end as
follows:
‘‘(19) The State may not issue a commercial
driver’s license to an individual within 3 years after
the date the individual was convicted of any drug-
or alcohol-related traffic violation, including a con-
viction for a violation committed in a non-commer-
cial motor vehicle.’’.
(d) DIVERSION
OR
SPECIAL
LICENSING
PRO-
GRAMS.—Section 31311(a)(10) of title 49, United States
Code, is amended by adding a new sentence at the end
as follows: ‘‘The State may not issue a special license or
permit to a commercial driver’s license holder that permits
the driver to drive a commercial motor vehicle during a
period in which the individual is disqualified from oper-
ating a commercial motor vehicle or the individual’s driv-
er’s license is revoked, suspended, or canceled.’’.
(e) TRANSFER
OF AMOUNTS
FOR STATE NON-
COMPLIANCE.—(1) Section 31314 of title 49, United
States Code, is amended to read as follows:
‘‘§ 31314. Transfer of amounts for State noncompli-
ance
‘‘(a) IN GENERAL.—On October 1, 2001, or as soon
thereafter as practicable, and each October 1 thereafter,
if a State has not complied substantially with all require-
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ments of section 31311(a) of this title, the Secretary of
Transportation shall transfer up to 5 percent of the
amount required to be apportioned to the State on that
date under each of paragraphs (1), (3), and (4) of section
104(b) of title 23 to the amount made available to the
State to carry out section 31102.
‘‘(b) TRANSFER OF OBLIGATION AUTHORITY.—If the
Secretary transfers under this section any funds to the
apportionment to a State under section 31102 of this title
for a fiscal year, the Secretary shall transfer an equal
amount of obligation authority distributed for the fiscal
year to the State.
‘‘(c) LIMITATION ON APPLICABILITY OF OBLIGATION
LIMITATION.—Notwithstanding any other provision of
law, no limitation on the total of obligations to carry out
section 31102 of this title shall apply to funds transferred
under this section to the apportionment of a State under
such section.’’.
(2) Item 31314 in the analysis of chapter 313 of title
49, United States Code, is amended to read as follows:
‘‘31314. Transfer of amounts for State noncompliance.’’.
SEC. 103. SAFETY FITNESS OF OWNERS AND OPERATORS.
Section 31144(b)(1) of title 49, United States Code,
is amended by inserting the following before the period
at the end of that paragraph: ‘‘, including a requirement
that no owner or operator that begins commercial motor
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vehicle operations after the date of enactment of this sec-
tion will be determined to be fit unless such owner or oper-
ator has attended a program for the education of owners
and operators that covers, at a minimum, safety, size and
weight, and financial responsibility regulations adminis-
tered by the Secretary. The Secretary shall assess a fee
to defray the cost of the program. The Secretary may use
third parties to provide the education program.’’.
SEC. 104. REDISTRIBUTION OF UNUSED FEDERAL-AID OBLI-
GATION AUTHORITY.
Section 1102(d) of the Transportation Equity Act for
the 21st Century (Public Law 105–178) is amended by
inserting at the end the following: ‘‘, except that, begin-
ning in fiscal year 2001 through fiscal year 2003, no redis-
tribution shall be made to a State that fails to reduce the
number of fatalities in a year resulting from commercial
motor vehicle crashes by at least 5 percent, based on the
most recent year for which such data are available com-
pared to the previous year. For purposes of this section,
‘commercial motor vehicle’ has the meaning specified in
section 31301 of title 49, United States Code.’’.
SEC. 105. ON-BOARD RECORDERS.
(a) FEDERAL
REGULATIONS.—The Secretary of
Transportation, after notice and opportunity for comment,
shall issue regulations requiring, as appropriate, the in-
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stallation and use of on-board recorders or other tech-
nologies on commercial motor vehicles to manage the
hours of service of drivers.
(b) DEFINITIONS.—In this section, ‘‘commercial
motor vehicle’’ has the meaning specified in section 31132
of title 49, United States Code.
(c) DEADLINES.—The regulations required under
subsection (a) of this section shall be developed pursuant
to a rulemaking proceeding initiated within 120 days after
enactment of this section and shall be issued not later
than 2 years after the date of enactment.
SEC. 106. DRIVER COMPENSATION AND SAFETY STUDY.
(a) STUDY.—The Secretary of Transportation shall
conduct a study to identify methods used to compensate
drivers of commercial motor vehicles, examine how dif-
ferent methods may affect safety and compliance with
State and Federal motor carrier safety requirements, in-
cluding hours of service regulations, and identify ways
safety could be improved through changes in driver com-
pensation. Such study should include an examination of
compensation incentive which could improve safety and
compliance with safety regulations.
(b) CONSULTATION.—In carrying out the study, the
Secretary shall consult with private and for-hire motor
carriers, independent owner operators, organized labor,
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drivers, safety organizations, and State and local govern-
ments.
(c) REPORT.—Not later than 3 years after the date
of enactment of this section, the Secretary shall transmit
to the Congress a report on the results of the study with
any recommendations the Secretary determines appro-
priate as a result of the study.
(d) AVAILABILITY OF AMOUNTS.—$250,000 per fis-
cal year for fiscal years 2001 through 2003 are made
available from the Highway Trust Fund (other than the
Mass Transit Account) for the Secretary of Transpor-
tation to carry out this section.
(e) CONTRACT AUTHORITY; DATE AVAILABLE FOR
OBLIGATION.—The amounts made available by this sec-
tion from the Highway Trust Fund (other than the Mass
Transit Account) to carry out this section shall be avail-
able for obligation on October 1, or as soon thereafter as
practicable, of the fiscal year for which they are available
for obligation.
SEC. 107. PUBLIC INFORMATION AND EDUCATION.
The Secretary of Transportation shall expend from
administrative funds deducted under section 104(a) of
title 23, United States Code, not more than $500,000 for
each fiscal year, beginning in fiscal year 2001, to carry
out public information and education programs to prevent
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crashes involving commercial motor vehicles. The Sec-
retary shall make grants to at least three entities from
among States, local governments, law enforcement organi-
zations, private sector entities, non-profit organizations, or
commercial motor vehicle driver organizations to develop
and implement programs to discourage drivers of commer-
cial motor vehicles and drivers of passenger vehicles and
motor carriers from taking safety risks. Such programs
may be based on methods used in other public safety cam-
paigns to improve driver performance.
SEC. 108. PERIODIC REFILING OF MOTOR CARRIER IDENTI-
FICATION REPORTS.
(a) FEDERAL
REGULATIONS.—The Secretary of
Transportation shall amend section 385.21 of title 49,
Code of Federal Regulations, to require periodic updating
of the Motor Carrier Identification Report, Form MCS–
150, by each motor carrier conducting operations in inter-
state or foreign commerce.
(b) AVAILABILITY OF AMOUNTS.—$5.5 million per
year, for fiscal years 2001 through 2003, are made avail-
able from the Highway Trust Fund (other than the Mass
Transit Account) to the Secretary of Transportation to
carry out this section.
(c) ADMINISTRATIVE COSTS.—The Secretary may
use, for the administration of this section, amounts made
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available under subsection (b) of this section for each of
fiscal years 2001 through 2003.
(d) CONTRACT AUTHORITY; DATE AVAILABLE FOR
OBLIGATION.—The amounts made available by this sec-
tion from the Highway Trust Fund (other than the Mass
Transit Account) to carry out this section shall be avail-
able for obligation on October 1, or as soon thereafter as
practicable, of the fiscal year for which they are available
for obligation.
SEC. 109. AIDING AND ABETTING.
(a) Chapter 5 of title 49, United States Code, is
amended by inserting the following after section 526:
‘‘§ 527. Aiding and abetting
‘‘A person who knowingly aids, abets, counsels, com-
mands, induces, or procures a violation of a regulation or
order issued by the Secretary of Transportation under
chapter 311 or section 31502 of this title shall be subject
to civil and criminal penalties under this chapter to the
same extent as the motor carrier or driver who commits
a violation.’’.
(b) The analysis of chapter 5 of title 49, United
States Code, is amended by adding the following at the
end:
‘‘527. Aiding and abetting.’’.
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SEC. 110. IMMINENT HAZARD.
Section 521(b)(5) of title 49, United States Code, is
amended by revising subparagraph (B) to read as follows:
‘‘(B) In this paragraph, ‘imminent hazard’
means any violation, or series of violations, of
the statutes or regulations specified in subpara-
graph (A) of this paragraph that could result in
a highway crash if not discontinued within 24
hours.’’.
SEC. 111. INNOVATIVE TRAFFIC LAW PILOT PROGRAM.
(a) PILOT PROGRAM.—The Secretary of Transpor-
tation shall carry out a pilot program in cooperation with
one or more States to develop innovative methods of im-
proving compliance with traffic laws, including those per-
taining to highway-rail grade crossings. Such methods
may include the use of photography and other imaging
technologies.
(b) REPORT.—Not later than 3 years after the start
of the pilot program, the Secretary shall transmit to Con-
gress a report on the results of the pilot program, together
with any recommendations as the Secretary determines
appropriate.
(c) AVAILABILITY OF AMOUNTS.—$500,000 per year,
for fiscal years 2001 through 2003, are made available
from the Highway Trust Fund (other than the Mass Tran-
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sit Account) to the Secretary of Transportation to carry
out this section.
(d) CONTRACT AUTHORITY; DATE AVAILABLE FOR
OBLIGATION.—The amounts made available by this sec-
tion from the Highway Trust Fund (other than the Mass
Transit Account) to carry out this section shall be avail-
able for obligation on October 1, or as soon thereafter as
practicable, of the fiscal year for which they are made
available for obligation.
SEC. 112. RESEARCH ON HEAVY VEHICLE SAFETY AND
DRIVER PERFORMANCE.
(a) RESEARCH ON HEAVY VEHICLE SAFETY AND
DRIVER PERFORMANCE.—The Secretary, through the Na-
tional Highway Traffic Safety Administration, shall con-
duct research on heavy vehicle safety, including measures
to improve braking and stability, measures to improve ve-
hicle compatibility in crashes between heavier and lighter
vehicles, and measures to improve the performance of
motor vehicle drivers.
(b) AVAILABILITY
OF AMOUNTS.—$5,000,000 per
year, for fiscal years 2001 through 2003, are made avail-
able from the Highway Trust Fund (other than the Mass
Transit Account) to the Secretary of Transportation to
carry out this section.
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(c) CONTRACT AUTHORITY; DATE AVAILABLE FOR
OBLIGATION.—The amounts made available by this sec-
tion from the Highway Trust Fund (other than the Mass
Transit Account) to carry out this section shall be avail-
able for obligation on October 1, or as soon thereafter as
practicable, of the fiscal year for which they are made
available for obligation.
SEC. 113. IMPROVED DATA ANALYSIS SYSTEM.
(a) IN GENERAL.—The Secretary of Transportation
shall carry out a program, in cooperation with the States,
to improve the collection and analysis of data on crashes
involving commercial vehicles.
(b) PROGRAM
ADMINISTRATION.—The Secretary
shall administer the program through the National High-
way Traffic Safety Administration, which shall be respon-
sible for entering into agreements with the States to col-
lect data, train State employees to assure the quality and
uniformity of the data, and report the data by electronic
means to a central data repository.
(c) PROGRAM DEVELOPMENT.—The National High-
way Traffic Safety Administration and the Federal High-
way Administration shall develop a data program in co-
operation with the States, motor carriers, and other data
users to determine data need; develop data definitions to
assure high-quality, compatible data; and create an acces-
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sible data base that will improve commercial vehicle safety.
The program should also incorporate driver citation and
conviction information into the data system. Emphasis
should also be placed on highway and traffic data.
(d) USE OF DATA.—The National Highway Traffic
Safety Administration shall be responsible for integrating
the data; generating reports from the data; and making
the data base available electronically to the Federal High-
way Administration, the States, motor carriers, and other
interested parties for problem identification, program eval-
uation, planning, and other safety-related activities.
(e) REPORT.—Not later than 3 years after the start
of the improved data program, the Secretary shall trans-
mit to Congress a report on the program, together with
any recommendations as the Secretary determines appro-
priate.
(f) AVAILABILITY OF AMOUNTS.—Of the amounts
made available under section 31107 of title 49, United
States Code, $10,000,000 per year, for fiscal years 2001
through 2003, may be used by the Secretary of Transpor-
tation to carry out this section.
(g) CONTRACT AUTHORITY; DATE AVAILABLE FOR
OBLIGATION.—The amounts made available by this sec-
tion from the Highway Trust Fund (other than the Mass
Transit Account) to carry out this section shall be avail-
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able for obligation on October 1, or as soon thereafter as
practicable, of the fiscal year for which they are made
available for obligation.
SEC. 114. AUTHORIZATIONS—FISCAL YEARS 2001 THROUGH
2003.
(a) GRANTS.—Section 31104(a) of title 49, United
States Code, is amended by revising paragraphs (4)
through (6) to read as follows:
‘‘(4) Not more than $125,500,000 for fiscal
year 2001.
‘‘(5) Not more than $130,500,000 for fiscal
year 2002.
‘‘(6) Not more than $135,500,000 for fiscal
year 2003.’’.
(b) INFORMATION SYSTEMS.—Section 31107(a) of
title 49, United States Code, is amended by—
(1) striking ‘‘and’’ in paragraph (2); and
(2) revising paragraphs (3) and (4) to read as
follows:
‘‘(3) $36,500,000 for each of fiscal years 2001
and 2002; and
‘‘(4) $39,500,000 for fiscal year 2003.’’.
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TITLE II—HIGHWAY-RAIL GRADE
CROSSING SAFETY
SEC. 201. SHORT TITLE.
This title may be cited as the ‘‘Highway-Rail Grade
Crossing Safety Act of 1999’’.
SEC. 202. EMERGENCY NOTIFICATION OF GRADE CROSSING
PROBLEMS.
Section 20152 of title 49, United States Code, is
amended to read as follows:
‘‘§ 20152. Emergency notification of grade crossing
problems
‘‘(a) PROGRAM.—The Secretary of Transportation
shall promote the establishment of emergency notification
systems utilizing toll-free telephone numbers that the pub-
lic can use to convey to railroad carriers, either directly
or through public safety personnel, information about mal-
functions of automated warning devices or other safety
problems at highway-rail grade crossings.
‘‘(2) To assist in encouraging widespread use of such
systems, the Secretary may provide technical assistance
and enter into cooperative agreements. Such assistance
shall include appropriate emphasis on the public safety
needs associated with operation of small railroads.
‘‘(b) REPORT.—Not later than 24 months following
enactment of the Highway-Rail Grade Crossing Safety Act
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of 1999, the Secretary shall report to Congress the status
of such emergency notification systems, together with any
recommendations for further legislation that the Secretary
considers appropriate.
‘‘(c) CLARIFICATION OF TERM.—In this section, the
use of the term ‘emergency’ does not alter the cir-
cumstances under which a signal employee subject to the
hours of service law limitations in chapter 211 of this title
may be permitted to work up to 4 additional hours in a
24-hour period when an ‘emergency’ under section
21104(c) of this title exists and the work of that employee
is related to the emergency.’’.
SEC. 203. VIOLATION OF GRADE CROSSING SIGNALS.
(a) GENERAL.—Section 20151 of title 49, United
States Code, is amended—
(1) by revising the section heading to read as
follows:
‘‘§ 20151. Strategy to prevent railroad trespassing and
vandalism and violation of grade crossing
signals’’;
(2) in subsection (a) by—
(A) striking ‘‘and vandalism affecting rail-
road safety’’ and substituting ‘‘, vandalism af-
fecting railroad safety, and violations of high-
way-rail grade crossing signals’’;
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(B) inserting ‘‘, concerning trespassing and
vandalism,’’ after ‘‘such evaluation and review’’;
and
(C) inserting ‘‘The second such evaluation
and review, concerning violations of highway-
rail grade crossing signals, shall be completed
not later than one year after the date of enact-
ment of the Highway-Rail Grade Crossing Safe-
ty Act of 1999’’ after ‘‘November 2, 1994.’’;
(3) in the subsection heading of subsection (b),
by inserting ‘‘FOR TRESPASSING AND VANDALISM
PREVENTION’’ after ‘‘OUTREACH PROGRAM’’;
(4) in subsection (c) by—
(A) redesignating paragraphs (1) and (2)
as subparagraphs (A) and (B), respectively;
(B) by inserting ‘‘(1)’’ after ‘‘MODEL LEG-
ISLATION.—’’; and
(C) by adding at the end the following new
paragraph:
‘‘(2) Not later than two years after the date of
the enactment of the Highway-Rail Grade Crossing
Safety Act of 1999, the Secretary, after consultation
with State and local governments and railroad car-
riers, shall develop and make available to State and
local governments model State legislation providing
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for civil or criminal penalties, or both, for violations
of highway-rail grade crossing signals.’’; and
(5) by adding at the end the following new sub-
section:
‘‘(d) DEFINITION.—In this section, ‘violation of high-
way-rail grade crossing signals’ includes any action by a
motor vehicle operator, unless directed by an authorized
safety officer—
‘‘(1) to drive around or through a grade cross-
ing gate in a position intended to block passage over
railroad tracks;
‘‘(2) to drive through a flashing grade crossing
signal;
‘‘(3) to drive through a grade crossing with pas-
sive warning signs without determining that the
grade crossing could be safely crossed before any
train arrives; and
‘‘(4) in the vicinity of a grade crossing, that
creates a hazard of an accident involving injury or
property damage at the grade crossing.’’.
(b) CONFORMING AMENDMENT.—The item relating
to section 20151 in the table of sections for subchapter
II of chapter 201 of title 49, United States Code, is
amended to read as follows:
‘‘20151. Strategy to prevent railroad trespassing and vandalism and violation of
grade crossing signals.’’.
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SEC. 204. NATIONAL HIGHWAY-RAIL CROSSING INVENTORY.
(a) AMENDMENT.—Subchapter II of chapter 201 of
title 49, United States Code, is amended by adding at the
end the following:
‘‘§ 20154. National highway-rail crossing inventory
‘‘(a) MANDATORY INITIAL REPORTING OF CROSSING
INFORMATION.—No later than September 30, 2001, each
railroad carrier shall—
‘‘(1) report to the Secretary of Transportation
certain information, as specified by the Secretary by
rule or order issued after notice and opportunity for
public comment or by guidelines, concerning each
highway-rail crossing through which the carrier op-
erates; or
‘‘(2) otherwise ensure that the information has
been reported to the Secretary by that date.
‘‘(b) MANDATORY PERIODIC UPDATING OF CROSSING
INFORMATION.—On a periodic basis beginning no later
than September 30, 2003, and not less often than Sep-
tember 30 of every third year thereafter, or as otherwise
specified by the Secretary of Transportation by rule or
order issued after notice and opportunity for public com-
ment or by guidelines, each railroad carrier shall—
‘‘(1) report to the Secretary certain current in-
formation, as specified by the Secretary by rule or
order issued after notice and opportunity for public
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comment or by guidelines, concerning each highway-
rail grade crossing through which it operates; or
‘‘(2) otherwise ensure that the information has
been reported to the Secretary by that date.
‘‘(c) DEFINITIONS.—In this section—
‘‘(1) ‘highway-rail crossing’ means a location
within a State where a public highway, road, street,
or private roadway, including associated sidewalks
and pathways, crosses one or more railroad tracks
either at grade or grade separated; and
‘‘(2) ‘State’ means a State of the United
States, the District of Columbia, Puerto Rico, the
Northern Mariana Islands, Guam, American Samoa,
and the Virgin Islands.’’.
(b) TABLE OF SECTIONS AMENDMENT.—The table of
sections for chapter 201 of title 49, United States Code,
is amended by adding after item 20153 the following:
‘‘20154. National highway-rail crossing inventory.’’.
(c) AMENDMENT.—Section 130 of title 23, United
States Code, is amended—
(1) by revising the section heading to read as
follows:
‘‘§ 130. Highway-rail crossings’’;
and
(2) by inserting the following new subsection at
the end:
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‘‘(k) NATIONAL HIGHWAY-RAIL CROSSING INVEN-
TORY.—
‘‘(1) MANDATORY
INITIAL
REPORTING
OF
CROSSING INFORMATION.—No later than September
30, 2001, each State shall—
‘‘(A) report to the Secretary of Transpor-
tation certain information, as specified by the
Secretary by rule or order issued after notice
and opportunity for public comment or by
guidelines, concerning each highway-rail cross-
ing located within its borders; or
‘‘(B) otherwise ensure that the information
has been reported to the Secretary by that date.
‘‘(2) MANDATORY
PERIODIC
UPDATING
OF
CROSSING INFORMATION.—On a periodic basis be-
ginning no later than September 30, 2003, and not
less often than by September 30 of every third year
thereafter, or as otherwise specified by the Secretary
of Transportation by rule or order issued after no-
tice and opportunity for public comment or by guide-
lines, each State shall—
‘‘(A) report to the Secretary certain cur-
rent information, as determined by the Sec-
retary by rule or order issued after notice and
opportunity for public comment or by guide-
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lines, concerning each highway-rail crossing lo-
cated within its borders; or
‘‘(B) otherwise ensure that the information
has been reported to the Secretary by that date.
‘‘(3) DEFINITIONS.—In this subsection—
‘‘(A) ‘highway-rail crossing’ means a loca-
tion where a public highway, road, street, or
private roadway, including associated sidewalks
and pathways, crosses one or more railroad
tracks either at grade or grade separated; and
‘‘(B) ‘State’ means a State of the United
States, the District of Columbia, Puerto Rico,
the Northern Mariana Islands, Guam, Amer-
ican Samoa, and the Virgin Islands.’’.
(d) TABLE OF SECTIONS AMENDMENT.—The table
of sections for chapter 1 of title 23, United States Code,
is amended by striking the existing item for section 130
and substituting the following:
‘‘130. Highway-rail crossings.’’.
(e) CIVIL PENALTIES.—(1) Section 21301(a)(1) of
title 49, United States Code, is amended—
(A) by striking the period at the end of the first
sentence and substituting ‘‘or with section 20154 of
this title.’’; and
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(B) in the second sentence, by inserting ‘‘or vio-
lating section 20154’’ between ‘‘chapter 201’’ and
‘‘is liable’’.
(2) Section 21301(a)(2) of title 49, United States
Code, is amended by inserting after the first sentence the
following: ‘‘The Secretary shall subject a person to a civil
penalty for a violation of section 20154 of this title.’’.
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