H. R. 1758—238
(2) The Secretary may make grants to participating States
to be used in making titling information maintained by those States
available to the operator if—
(A) the grant to a State is not more than the lesser of—
(i) 25 percent of the cost of making titling information
maintained by that State available to the operator as deter-
mined by the Secretary under paragraph (1)(B) of this
subsection; or
(ii) $300,000; and
(B) the Secretary decides that the grants are reasonable
and necessary to establish the System.
(d) REPORT TO CONGRESS.—Not later than January 1, 1997,
the Secretary shall report to Congress on which States have met
the requirements of this section. If a State has not met the require-
ments, the Secretary shall describe the impediments that have
resulted in the State’s failure to meet the requirements.
§ 30504. Reporting requirements
(a) JUNK YARD AND SALVAGE YARD OPERATORS.—(1) Beginning
at a time established by the Secretary of Transportation that is
not sooner than the 3d month before the establishment or designa-
tion of the National Automobile Title Information System under
section 30502 of this title, an individual or entity engaged in the
business of operating a junk yard or salvage yard shall file a
monthly report with the operator of the System. The report shall
contain an inventory of all junk automobiles or salvage automobiles
obtained by the junk yard or salvage yard during the prior month.
The inventory shall contain—
(A) the vehicle identification number of each automobile
obtained;
(B) the date on which the automobile was obtained;
(C) the name of the individual or entity from whom the
automobile was obtained; and
(D) a statement of whether the automobile was crushed
or disposed of for sale or other purposes.
(2) Paragraph (1) of this subsection does not apply to an individ-
ual or entity—
(A) required by State law to report the acquisition of junk
automobiles or salvage automobiles to State or local authorities
if those authorities make that information available to the
operator; or
(B) issued a verification under section 33110 of this title
stating that the automobile or parts from the automobile are
not reported as stolen.
(b) INSURANCE CARRIERS.—Beginning at a time established by
the Secretary that is not sooner than the 3d month before the
establishment or designation of the System, an individual or entity
engaged in business as an insurance carrier shall file a monthly
report with the operator. The report may be filed directly or through
a designated agent. The report shall contain an inventory of all
automobiles of the current model year or any of the 4 prior model
years that the carrier, during the prior month, has obtained posses-
sion of and has decided are junk automobiles or salvage automobiles.
The inventory shall contain—
(1) the vehicle identification number of each automobile
obtained;
(2) the date on which the automobile was obtained;
H. R. 1758—239
(3) the name of the individual or entity from whom the
automobile was obtained; and
(4) the name of the owner of the automobile at the time
of the filing of the report.
(c) PROCEDURES AND PRACTICES.—The Secretary shall establish
by regulation procedures and practices to facilitate reporting in
the least burdensome and costly fashion.
§ 30505. Penalties and enforcement
(a) PENALTY.—An individual or entity violating this chapter
is liable to the United States Government for a civil penalty of
not more than $1,000 for each violation.
(b) COLLECTION
AND
COMPROMISE.—(1) The Secretary of
Transportation shall impose a civil penalty under this section. The
Attorney General shall bring a civil action to collect the penalty.
The Secretary may compromise the amount of the penalty. In
determining the amount of the penalty or compromise, the Secretary
shall consider the appropriateness of the penalty to the size of
the business of the individual or entity charged and the gravity
of the violation.
(2) The Government may deduct the amount of a civil penalty
imposed or compromised under this section from amounts it owes
the individual or entity liable for the penalty.
PART B—COMMERCIAL
CHAPTER 311—COMMERCIAL MOTOR VEHICLE SAFETY
SUBCHAPTER I—STATE GRANTS
Sec.
31101.
Definitions.
31102.
Grants to States.
31103.
United States Government’s share of costs.
31104.
Availability of amounts.
31105.
Employee protections.
31106.
Commercial motor vehicle information system program.
31107.
Truck and bus accident grant program.
31108.
Authorization of appropriations.
SUBCHAPTER II—LENGTH AND WIDTH LIMITATIONS
31111.
Length limitations.
31112.
Property-carrying unit limitation.
31113.
Width limitations.
31114.
Access to the Interstate System.
31115.
Enforcement.
SUBCHAPTER III—SAFETY REGULATION
31131.
Purposes and findings.
31132.
Definitions.
31133.
General powers of the Secretary of Transportation.
31134.
Commercial Motor Vehicle Safety Regulatory Review Panel.
31135.
Duties of employers and employees.
31136.
United States Government regulations.
31137.
Monitoring device and brake maintenance regulations.
31138.
Minimum financial responsibility for transporting passengers.
31139.
Minimum financial responsibility for transporting property.
31140.
Submission of State laws and regulations for review.
31141.
Review and preemption of State laws and regulations.
31142.
Inspection of vehicles.
31143.
Investigating complaints and protecting complainants.
31144.
Safety fitness of owners and operators.
31145.
Coordination of Governmental activities and paperwork.
31146.
Relationship to other laws.
31147.
Limitations on authority.
H. R. 1758—240
SUBCHAPTER IV—MISCELLANEOUS
31161.
Procedures to ensure timely correction of safety violations.
31162.
Compliance review priority.
SUBCHAPTER I—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 of at least 10,000
pounds;
(B) is designed to transport more than 10 passengers
including the driver; or
(C) is used in transporting material found by the Sec-
retary of Transportation to be hazardous under section
5103 of this title.
(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 Govern-
ment, 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
(a) GENERAL AUTHORITY.—Subject to this section and the avail-
ability of amounts, the Secretary of Transportation may make
grants to States for the development or implementation of programs
for the enforcement of regulations, standards, and orders of the
United States Government on commercial motor vehicle safety and
compatible State regulations, standards, and orders.
(b) STATE PLAN PROCEDURES AND CONTENTS.—(1) The Secretary
shall prescribe procedures for a State to submit a plan under
which the State agrees to adopt and assume responsibility for
enforcing regulations, standards, and orders of the Government
on commercial motor vehicle 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) designates the State motor vehicle safety agency respon-
sible for administering the plan throughout the State;
H. R. 1758—241
(B) contains satisfactory assurances the agency has or will
have the legal authority, resources, and qualified personnel
necessary to enforce the regulations, standards, and orders;
(C) contains satisfactory assurances the State will devote
adequate amounts to the administration of the plan and
enforcement of the regulations, standards, and orders;
(D) 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 main-
tained at a level at least equal to the average level of that
expenditure for its last 3 full fiscal years before December
18, 1991;
(E) provides a right of entry and inspection to carry out
the plan;
(F) 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;
(G) provides that the agency will adopt the reporting
requirements and use the forms for recordkeeping, inspections,
and investigations the Secretary prescribes;
(H) requires registrants of commercial motor vehicles to
make a declaration of knowledge of applicable safety regula-
tions, standards, and orders of the Government and the State;
(I) 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;
(J) ensures that activities described in subsection (c) of
this section, if financed with grants under subsection (a) of
this section, will not diminish the effectiveness of the develop-
ment and implementation of commercial motor vehicle safety
programs described in subsection (a);
(K) ensures that fines imposed and collected by the State
for violations of commercial motor vehicle safety regulations
will be reasonable and appropriate and that, to the maximum
extent practicable, the State will attempt to implement the
recommended fine schedule published by the Commercial
Vehicle Safety Alliance;
(L) ensures that the State agency will coordinate the plan
prepared under this section with the State highway safety
plan under section 402 of title 23;
(M) ensures participation by the 48 contiguous States in
SAFETYNET not later than January 1, 1994;
(N) 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;
(O) provides satisfactory assurances that the State will
promote activities—
(i) to remove impaired commercial motor vehicle driv-
ers from the highways of the United States through ade-
quate enforcement of regulations on the use of alcohol
H. R. 1758—242
and controlled substances and by ensuring ready roadside
access to alcohol detection and measuring equipment;
(ii) to provide an appropriate level of training to State
motor carrier safety assistance program officers and
employees on recognizing drivers impaired by alcohol or
controlled substances;
(iii) to promote enforcement of the requirements related
to the licensing of commercial motor vehicle drivers, includ-
ing checking the status of commercial drivers’ licenses;
and
(iv) to improve enforcement of hazardous material
transportation regulations by encouraging more inspections
of shipper facilities affecting highway transportation and
more comprehensive inspection of the loads of commercial
motor vehicles transporting hazardous material; and
(P) provides satisfactory assurances that the State will
promote effective—
(i) interdiction activities affecting the transportation
of controlled substances by commercial motor vehicle driv-
ers and training on appropriate strategies for carrying
out those interdiction activities; and
(ii) use of trained and qualified officers and employees
of political subdivisions and local governments, under the
supervision and direction of the State motor vehicle safety
agency, in the enforcement of regulations affecting commer-
cial motor vehicle safety and hazardous material transpor-
tation safety.
(2) 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)(D) 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.
(c) USE OF GRANTS TO ENFORCE OTHER LAWS.—A State may
use amounts received under a grant under subsection (a) of this
section 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:
(1) 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 ter-
rains 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.
(2) detection of the unlawful presence of a controlled sub-
stance (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.
H. R. 1758—243
(3) enforcement of State traffic laws and regulations
designed to promote the safe operation of commercial motor
vehicles.
(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 evalua-
tion 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.
§ 31103. United States Government’s share of costs
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 enforce commer-
cial 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)(D) of this title
may not be included as part of the share not provided by the
United States Government. 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.
§ 31104. Availability of amounts
(a) GENERAL.—Subject to section 9503(c)(1) of the Internal
Revenue Code of 1986 (26 U.S.C. 9503(c)(1)), the following amounts
are available from the Highway Trust Fund (except the Mass Tran-
sit Account) for the Secretary of Transportation to incur obligations
to carry out section 31102 of this title:
(1) not more than $76,000,000 for the fiscal year ending
September 30, 1993.
(2) not more than $80,000,000 for the fiscal year ending
September 30, 1994.
(3) not more than $83,000,000 for the fiscal year ending
September 30, 1995.
(4) not more than $85,000,000 for the fiscal year ending
September 30, 1996.
(5) not more than $90,000,000 for the fiscal year ending
September 30, 1997.
(b) 
AVAILABILITY
AND
REALLOCATION
OF
AMOUNTS.—(1)
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
H. R. 1758—244
by a State during those 2 fiscal years are released to the Secretary
for reallocation.
(2) Amounts made available under section 404(a)(2) of the
Surface Transportation Assistance Act of 1982 before October 1,
1991, that are not obligated on October 1, 1992, are available
for reallocation and obligation under paragraph (1) of this sub-
section.
(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.—On October 1 of each fiscal year
or as soon after that date as practicable, the Secretary, after making
the deduction described in subsection (e) of this section, shall allo-
cate under criteria the Secretary establishes the amounts available
for that fiscal year among the States with plans approved under
section 31102 of this title. However, the Secretary may designate
specific eligible States among which to allocate those amounts in
allocating amounts available—
(1) for research, development, and demonstration under
subsection (g)(1)(F) of this section; and
(2) for public education under subsection (g)(1)(G) of this
section.
(g) SPECIFIC ALLOCATIONS.—(1) Of amounts made available
under subsection (a) of this section—
(A) for each fiscal year beginning after September 30, 1992,
the Secretary shall obligate at least $1,500,000 to make grants
to States for training inspectors to enforce regulations pre-
scribed by the Secretary related to the transportation of hazard-
ous material by commercial motor vehicles;
(B) for each of the fiscal years ending September 30, 1993–
1997, the Secretary may obligate not more than $2,000,000
to carry out section 31106 of this title;
(C) for each of the fiscal years ending September 30, 1993–
1997, the Secretary may obligate not more than $2,000,000
to carry out section 31107 of this title;
(D) for each of the fiscal years ending September 30, 1993–
1995, the Secretary shall obligate at least $4,250,000, and
for each of the fiscal years ending September 30, 1996, and
1997, the Secretary shall obligate at least $5,000,000, for traffic
enforcement activities related to commercial motor vehicle driv-
ers that are carried out in conjunction with an appropriate
H. R. 1758—245
inspection of a commercial motor vehicle for compliance with
Government or State commercial motor vehicle safety regula-
tions;
(E) for each of the fiscal years ending September 30, 1993–
1995, the Secretary shall obligate at least $1,000,000 to increase
enforcement of the licensing requirements of chapter 313 of
this title by motor carrier safety assistance program officers
and employees, including the cost of purchasing equipment
for, and conducting, inspections to check the current status
of licenses issued under chapter 313;
(F) for each fiscal year, the Secretary shall obligate at
least $500,000 for research, development, and demonstration
of technologies, methodologies, analyses, or information systems
designed to carry out section 31102 of this title and that are
beneficial to all jurisdictions; and
(G) for each fiscal year, the Secretary shall obligate at
least $350,000 to educate the motoring public on how to share
the road safely with commercial motor vehicles.
(2) The Secretary shall announce publicly amounts obligated
under paragraph (1)(F) of this subsection and award those amounts
competitively, when practicable, to any eligible State for up to
100 percent of the State costs or to other persons as the Secretary
decides.
(3) In carrying out educational activities referred to in para-
graph (1)(G) of this subsection, the Secretary shall consult with
appropriate industry representatives.
(h) 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.
(i) IMPROVED ALLOCATION FORMULA.—The Secretary shall pre-
scribe regulations to develop an improved formula and process
for allocating amounts made available for grants under section
31102(a) of this title among States eligible for those amounts.
In prescribing those regulations, the Secretary shall—
(1) consider ways to provide incentives to States that dem-
onstrate innovative, successful, cost-efficient, or cost-effective
programs to promote commercial motor vehicle safety and
hazardous material transportation safety;
(2) place special emphasis on incentives to States that
conduct traffic safety enforcement activities that are coupled
with motor carrier safety inspections; and
(3) consider ways to provide incentives to States that
increase compatibility of State commercial motor vehicle safety
and hazardous material transportation regulations with
Government safety regulations and promote other factors
intended to promote effectiveness and efficiency the Secretary
decides are appropriate.
(j) INTRASTATE COMPATIBILITY.—The Secretary shall prescribe
regulations specifying tolerance guidelines and standards for ensur-
ing 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 allocat-
H. R. 1758—246
ing amounts or making grants under section 153 of title 23, the
Secretary shall ensure that the guidelines and standards are applied
uniformly.
§ 31105. Employee protections
(a) PROHIBITIONS.—(1) A person may not discharge an
employee, or discipline or discriminate against an employee regard-
ing pay, terms, or privileges of employment, because—
(A) the employee, or another person at the employee’s
request, has filed a complaint or begun a proceeding related
to a violation of a commercial motor vehicle safety regulation,
standard, or order, or has testified or will testify in such a
proceeding; or
(B) the employee refuses to operate a vehicle because—
(i) the operation violates a regulation, standard, or
order of the United States related to commercial motor
vehicle safety or health; or
(ii) the employee has a reasonable apprehension of
serious injury to the employee or the public because of
the vehicle’s unsafe condition.
(2) Under paragraph (1)(B)(ii) of this subsection, an employee’s
apprehension of serious injury is reasonable only if a reasonable
individual in the circumstances then confronting the employee
would conclude that the unsafe condition establishes a real danger
of accident, injury, or serious impairment to health. To qualify
for protection, the employee must have sought from the employer,
and been unable to obtain, correction of the unsafe condition.
(b) FILING COMPLAINTS
AND PROCEDURES.—(1) An employee
alleging discharge, discipline, or discrimination in violation of sub-
section (a) of this section, or another person at the employee’s
request, may file a complaint with the Secretary of Labor not
later than 180 days after the alleged violation occurred. On receiving
the complaint, the Secretary shall notify the person alleged to
have committed the violation of the filing of the complaint.
(2)(A) Not later than 60 days after receiving a complaint, the
Secretary shall conduct an investigation, decide whether it is
reasonable to believe the complaint has merit, and notify the
complainant and the person alleged to have committed the violation
of the findings. If the Secretary decides it is reasonable to believe
a violation occurred, the Secretary shall include with the decision
findings and a preliminary order for the relief provided under
paragraph (3) of this subsection.
(B) Not later than 30 days after the notice under subparagraph
(A) of this paragraph, the complainant and the person alleged
to have committed the violation may file objections to the findings
or preliminary order, or both, and request a hearing on the record.
The filing of objections does not stay a reinstatement ordered in
the preliminary order. If a hearing is not requested within the
30 days, the preliminary order is final and not subject to judicial
review.
(C) A hearing shall be conducted expeditiously. Not later than
120 days after the end of the hearing, the Secretary shall issue
a final order. Before the final order is issued, the proceeding may
be ended by a settlement agreement made by the Secretary, the
complainant, and the person alleged to have committed the
violation.
H. R. 1758—247
(3)(A) If the Secretary decides, on the basis of a complaint,
a person violated subsection (a) of this section, the Secretary shall
order the person to—
(i) take affirmative action to abate the violation;
(ii) reinstate the complainant to the former position with
the same pay and terms and privileges of employment; and
(iii) pay compensatory damages, including back pay.
(B) If the Secretary issues an order under subparagraph (A)
of this paragraph and the complainant requests, the Secretary
may assess against the person against whom the order is issued
the costs (including attorney’s fees) reasonably incurred by the
complainant in bringing the complaint. The Secretary shall deter-
mine the costs that reasonably were incurred.
(c) JUDICIAL REVIEW AND VENUE.—A person adversely affected
by an order issued after a hearing under subsection (b) of this
section may file a petition for review, not later than 60 days
after the order is issued, in the court of appeals of the United
States for the circuit in which the violation occurred or the person
resided on the date of the violation. The review shall be heard
and decided expeditiously. An order of the Secretary subject to
review under this subsection is not subject to judicial review in
a criminal or other civil proceeding.
(d) CIVIL ACTIONS TO ENFORCE.—If a person fails to comply
with an order issued under subsection (b) of this section, the Sec-
retary shall bring a civil action to enforce the order in the district
court of the United States for the judicial district in which the
violation occurred.
§ 31106. Commercial motor vehicle information system pro-
gram
(a) DEFINITION.—In this section, ‘‘commercial motor vehicle’’
means a self-propelled or towed vehicle used on highways in intra-
state or interstate commerce to transport passengers or property,
if the vehicle—
(1) has a gross vehicle weight rating of at least 10,001
pounds;
(2) is designed to transport more than 15 passengers,
including the driver; or
(3) is used in transporting material found by the Secretary
of Transportation to be hazardous under section 5103 of this
title and that material is transported in a quantity requiring
placarding under regulations the Secretary prescribes under
section 5103.
(b) INFORMATION SYSTEM.—(1) In cooperation with the States,
the Secretary may establish as part of the motor carrier safety
information network system of the Department of Transportation
and similar State systems, an information system to serve as a
clearinghouse and depository of information related to State reg-
istration and licensing of commercial motor vehicles and the safety
fitness of the commercial motor vehicle registrants. The Secretary
shall include in the system information on the safety fitness of
each of the registrants and other information the Secretary consid-
ers appropriate, including information on vehicle inspections and
out-of-service orders.
(2) The operation of the information system established under
paragraph (1) of this subsection shall be paid for by a schedule
of user fees. The Secretary may authorize the operation of the
H. R. 1758—248
information system by contract, through an agreement with one
or more States, or by designating, after consulting with the States,
a third party that represents the interests of the States.
(3) The Secretary shall prescribe standards to ensure—
(A) uniform information collection and reporting by the
States necessary to carry out this section; and
(B) the availability and reliability of the information to
the States and the Secretary from the information system.
(c) DEMONSTRATION PROJECT.—The Secretary shall make grants
to States to carry out a project to demonstrate ways of establishing
an information system that will link the motor carrier safety
information network system of the Department and similar State
systems with the motor vehicle registration and licensing systems
of the States. The project shall be designed—
(1) to allow a State when issuing license plates for a
commercial motor vehicle to establish through use of the
information system the safety fitness of the person seeking
to register the vehicle; and
(2) to decide on types of sanctions that may be imposed
on the registrant, or the types of conditions or limitations
that may be imposed on the operations of the registrant, to
ensure the safety fitness of the registrant.
(d) REVIEW OF STATE SYSTEMS.—Not later than December 18,
1992, the Secretary, in cooperation with the States, shall review
State motor vehicle registration systems related to license tags
for commercial motor vehicles to decide whether those systems
can be used in carrying out this section.
(e) REGULATIONS.—The Secretary shall prescribe regulations
to carry out this section.
(f) REPORT TO CONGRESS.—Not later than January 1, 1995,
the Secretary shall submit a report to Congress on the cost, benefits,
and feasibility of the information system established under sub-
section (b) of this section. If the Secretary decides that the system
would be beneficial on a nationwide basis, the Secretary shall
include in the report recommendations on legislation to implement
a nationwide system.
(g) AUTHORIZATION
OF APPROPRIATIONS.—Amounts necessary
to carry out this section may be made available to the Secretary
under section 31104(g)(1)(B) of this title.
§ 31107. Truck and bus accident grant program
(a) STATE GRANTS.—The Secretary of Transportation shall make
grants to States that agree to adopt or have adopted the rec-
ommendations of the National Governors’ Association related to
police accident reports for truck and bus accidents. The Secretary
may make a grant under this section only to assist a State in
carrying out those recommendations, including—
(1) assisting the State in designing appropriate forms;
(2) drafting instruction manuals;
(3) training appropriate State and local officers on matters,
including training on accident investigation techniques to
decide on the probable cause of truck and bus accidents;
(4) analyzing and evaluating safety information to develop
recommended changes to existing safety programs necessary
to address more effectively the causes of truck and bus
accidents; and
H. R. 1758—249
(5) other activities the Secretary decides are appropriate
to carry out this section.
(b) COORDINATION WITH OTHER PROGRAMS.—The Secretary
shall coordinate grants made under this section with highway safety
programs under section 402 of title 23. The Secretary may require
that the information from police reports for truck and bus accidents
be included in reports made to the Secretary under the uniform
information collection and reporting program under section 402.
(c) AUTHORIZATION
OF APPROPRIATIONS.—Amounts necessary
to carry out this section may be made available to the Secretary
under section 31104(g)(1)(C) of this title.
§ 31108. Authorization of appropriations
Not more than $––––––––– may be appropriated to the Sec-
retary of Transportation for the fiscal year ending September 30,
19––, to carry out the safety duties and powers of the Federal
Highway Administration.
SUBCHAPTER II—LENGTH AND WIDTH LIMITATIONS
§ 31111. Length limitations
(a) DEFINITIONS.—In this section—
(1) ‘‘maxi-cube vehicle’’ means a truck tractor combined
with a semitrailer and a separable property-carrying unit
designed to be loaded and unloaded through the semitrailer,
with the length of the separable property-carrying unit being
not more than 34 feet and the length of the vehicle combination
being not more than 65 feet.
(2) ‘‘truck tractor’’ means—
(A) a non-property-carrying power unit that operates
in combination with a semitrailer or trailer; or
(B) a power unit that carries as property only motor
vehicles when operating in combination with a semitrailer
in transporting motor vehicles.
(b) GENERAL LIMITATIONS.—(1) Except as provided in this sec-
tion, a State may not prescribe or enforce a regulation of commerce
that—
(A) imposes a vehicle length limitation of less than 45
feet on a bus, of less than 48 feet on a semitrailer operating
in a truck tractor-semitrailer combination, or of less than 28
feet on a semitrailer or trailer operating in a truck tractor-
semitrailer-trailer combination, on any segment of the Dwight
D. Eisenhower System of Interstate and Defense Highways
(except a segment exempted under subsection (f) of this section)
and those classes of qualifying Federal-aid Primary System
highways designated by the Secretary of Transportation under
subsection (e) of this section;
(B) imposes an overall length limitation on a commercial
motor vehicle operating in a truck tractor-semitrailer or truck
tractor-semitrailer-trailer combination;
(C) has the effect of prohibiting the use of a semitrailer
or trailer of the same dimensions as those that were in actual
and lawful use in that State on December 1, 1982; or
(D) has the effect of prohibiting the use of an existing
semitrailer or trailer, of not more than 28.5 feet in length,
in a truck tractor-semitrailer-trailer combination if the
H. R. 1758—250
semitrailer or trailer was operating lawfully on December 1,
1982, within a 65-foot overall length limit in any State.
(2) A length limitation prescribed or enforced by a State under
paragraph (1)(A) of this subsection applies only to a semitrailer
or trailer and not to a truck tractor.
(c) MAXI-CUBE
AND VEHICLE COMBINATION LIMITATIONS.—A
State may not prohibit a maxi-cube vehicle or a commercial motor
vehicle combination consisting of a truck tractor and 2 trailing
units on any segment of the Dwight D. Eisenhower System of
Interstate and Defense Highways (except a segment exempted
under subsection (f) of this section) and those classes of qualifying
Federal-aid Primary System highways designated by the Secretary
under subsection (e) of this section.
(d) EXCLUSION
OF
SAFETY
AND
ENERGY
CONSERVATION
DEVICES.—Length calculated under this section does not include
a safety or energy conservation device the Secretary decides is
necessary for safe and efficient operation of a commercial motor
vehicle. However, such a device may not have by its design or
use the ability to carry cargo.
(e) QUALIFYING HIGHWAYS.—The Secretary by regulation shall
designate as qualifying Federal-aid Primary System highways those
highways of the Federal-aid Primary System in existence on June
1, 1991, that can accommodate safely the applicable vehicle lengths
provided in this section.
(f) EXEMPTIONS.—(1) If the chief executive officer of a State,
after consulting under paragraph (2) of this subsection, decides
a segment of the Dwight D. Eisenhower System of Interstate and
Defense Highways is not capable of safely accommodating a
commercial motor vehicle having a length described in subsection
(b)(1)(A) of this section or the motor vehicle combination described
in subsection (c) of this section, the chief executive officer may
notify the Secretary of that decision and request the Secretary
to exempt that segment from either or both provisions.
(2) Before making a decision under paragraph (1) of this sub-
section, the chief executive officer shall consult with units of local
government in the State in which the segment of the Dwight
D. Eisenhower System of Interstate and Defense Highways is
located and with the chief executive officer of any adjacent State
that may be directly affected by the exemption. As part of the
consultations, consideration shall be given to any potential alter-
native route that serves the area in which the segment is located
and can safely accommodate a commercial motor vehicle having
a length described in subsection (b)(1)(A) of this section or the
motor vehicle combination described in subsection (c) of this section.
(3) A chief executive officer’s notification under this subsection
must include specific evidence of safety problems supporting the
officer’s decision and the results of consultations about alternative
routes.
(4)(A) If the Secretary decides, on request of a chief executive
officer or on the Secretary’s own initiative, a segment of the Dwight
D. Eisenhower System of Interstate and Defense Highways is not
capable of safely accommodating a commercial motor vehicle having
a length described in subsection (b)(1)(A) of this section or the
motor vehicle combination described in subsection (c) of this section,
the Secretary shall exempt the segment from either or both of
those provisions. Before making a decision under this paragraph,
H. R. 1758—251
the Secretary shall consider any possible alternative route that
serves the area in which the segment is located.
(B) The Secretary shall make a decision about a specific seg-
ment not later than 120 days after the date of receipt of notification
from a chief executive officer under paragraph (1) of this subsection
or the date on which the Secretary initiates action under subpara-
graph (A) of this paragraph, whichever is applicable. If the Secretary
finds the decision will not be made in time, the Secretary imme-
diately shall notify Congress, giving the reasons for the delay,
information about the resources assigned, and the projected date
for the decision.
(C) Before making a decision, the Secretary shall give an
interested person notice and an opportunity for comment. If the
Secretary exempts a segment under this subsection before the final
regulations under subsection (e) of this section are prescribed, the
Secretary shall include the exemption as part of the final regula-
tions. If the Secretary exempts the segment after the final regula-
tions are prescribed, the Secretary shall publish the exemption
as an amendment to the final regulations.
(g) ACCOMMODATING SPECIALIZED EQUIPMENT.—In prescribing
regulations to carry out this section, the Secretary may make deci-
sions necessary to accommodate specialized equipment, including
automobile and vessel transporters and maxi-cube vehicles.
§ 31112. Property-carrying unit limitation
(a) DEFINITIONS.—In this section—
(1) ‘‘property-carrying unit’’ means any part of a commercial
motor vehicle combination (except the truck tractor) used to
carry property, including a trailer, a semitrailer, or the prop-
erty-carrying section of a single unit truck.
(2) the length of the property-carrying units of a commercial
motor vehicle combination is the length measured from the
front of the first property-carrying unit to the rear of the
last property-carrying unit.
(b) GENERAL LIMITATIONS.—A State may not allow by any
means the operation, on any segment of the Dwight D. Eisenhower
System of Interstate and Defense Highways and those classes of
qualifying Federal-aid Primary System highways designated by the
Secretary of Transportation under section 31111(e) of this title,
of any commercial motor vehicle combination (except a vehicle or
load that cannot be dismantled easily or divided easily and that
has been issued a special permit under applicable State law) with
more than one property-carrying unit (not including the truck trac-
tor) whose property-carrying units are more than—
(1) the maximum combination trailer, semitrailer, or other
type of length limitation allowed by law or regulation of that
State before June 2, 1991; or
(2) the length of the property-carrying units of those
commercial motor vehicle combinations, by specific configura-
tion, in actual, lawful operation on a regular or periodic basis
(including continuing seasonal operation) in that State before
June 2, 1991.
(c) SPECIAL RULES FOR WYOMING, OHIO, AND ALASKA.—In addi-
tion to the vehicles allowed under subsection (b) of this section—
(1) Wyoming may allow the operation of additional vehicle
configurations not in actual operation on June 1, 1991, but
authorized by State law not later than November 3, 1992,
H. R. 1758—252
if the vehicle configurations comply with the single axle, tandem
axle, and bridge formula limits in section 127(a) of title 23
and are not more than 117,000 pounds gross vehicle weight;
(2) Ohio may allow the operation of commercial motor
vehicle combinations with 3 property-carrying units of 28.5
feet each (not including the truck tractor) not in actual oper-
ation on June 1, 1991, to be operated in Ohio on the 1-mile
segment of Ohio State Route 7 that begins at and is south
of exit 16 of the Ohio Turnpike; and
(3) Alaska may allow the operation of commercial motor
vehicle combinations that were not in actual operation on June
1, 1991, but were in actual operation before July 6, 1991.
(d) ADDITIONAL LIMITATIONS.—(1) A commercial motor vehicle
combination whose operation in a State is not prohibited under
subsections (b) and (c) of this section may continue to operate
in the State on highways described in subsection (b) only if at
least in compliance with all State laws, regulations, limitations,
and conditions, including routing-specific and configuration-specific
designations and all other restrictions in force in the State on
June 1, 1991. However, subject to regulations prescribed by the
Secretary under subsection (g)(2) of this section, the State may
make minor adjustments of a temporary and emergency nature
to route designations and vehicle operating restrictions in effect
on June 1, 1991, for specific safety purposes and road construction.
(2) This section does not prevent a State from further restricting
in any way or prohibiting the operation of any commercial motor
vehicle combination subject to this section, except that a restriction
or prohibition shall be consistent with this section and sections
31113(a) and (b) and 31114 of this title.
(3) A State making a minor adjustment of a temporary and
emergency nature as authorized by paragraph (1) of this subsection
or further restricting or prohibiting the operation of a commercial
motor vehicle combination as authorized by paragraph (2) of this
subsection shall advise the Secretary not later than 30 days after
the action. The Secretary shall publish a notice of the action in
the Federal Register.
(e) LIST OF STATE LENGTH LIMITATIONS.—(1) Not later than
February 16, 1992, each State shall submit to the Secretary for
publication a complete list of State length limitations applicable
to commercial motor vehicle combinations operating in the State
on the highways described in subsection (b) of this section. The
list shall indicate the applicable State laws and regulations associ-
ated with the length limitations. If a State does not submit the
information as required, the Secretary shall complete and file the
information for the State.
(2) Not later than March 17, 1992, the Secretary shall publish
an interim list in the Federal Register consisting of all information
submitted under paragraph (1) of this subsection. The Secretary
shall review for accuracy all information submitted by a State
under paragraph (1) and shall solicit and consider public comment
on the accuracy of the information.
(3) A law or regulation may not be included on the list submit-
ted by a State or published by the Secretary merely because it
authorized, or could have authorized, by permit or otherwise, the
operation of commercial motor vehicle combinations not in actual
operation on a regular or periodic basis before June 2, 1991.
H. R. 1758—253
(4) Except as revised under this paragraph or paragraph (5)
of this subsection, the list shall be published as final in the Federal
Register not later than June 15, 1992. In publishing the final
list, the Secretary shall make any revisions necessary to correct
inaccuracies identified under paragraph (2) of this subsection. After
publication of the final list, commercial motor vehicle combinations
prohibited under subsection (b) of this section may not operate
on the Dwight D. Eisenhower System of Interstate and Defense
Highways and other Federal-aid Primary System highways des-
ignated by the Secretary except as published on the list. The list
may be combined by the Secretary with the list required under
section 127(d) of title 23.
(5) On the Secretary’s own motion or on request by any person
(including a State), the Secretary shall review the list published
under paragraph (4) of this subsection. If the Secretary decides
there is reason to believe a mistake was made in the accuracy
of the list, the Secretary shall begin a proceeding to decide whether
a mistake was made. If the Secretary decides there was a mistake,
the Secretary shall publish the correction.
(f) LIMITATIONS ON STATUTORY CONSTRUCTION.—This section
may not be construed—
(1) to allow the operation on any segment of the Dwight
D. Eisenhower System of Interstate and Defense Highways
of a longer combination vehicle prohibited under section 127(d)
of title 23;
(2) to affect in any way the operation of a commercial
motor vehicle having only one property-carrying unit; or
(3) to affect in any way the operation in a State of a
commercial motor vehicle with more than one property-carrying
unit if the vehicle was in actual operation on a regular or
periodic basis (including seasonal operation) in that State before
June 2, 1991, that was authorized under State law or regulation
or lawful State permit.
(g) REGULATIONS.—(1) In carrying out this section only, the
Secretary shall define by regulation loads that cannot be dismantled
easily or divided easily.
(2) Not later than June 15, 1992, the Secretary shall prescribe
regulations establishing criteria for a State to follow in making
minor adjustments under subsection (d) of this section.
§ 31113. Width limitations
(a) GENERAL LIMITATIONS.—(1) Except as provided in subsection
(e) of this section, a State (except Hawaii) may not prescribe or
enforce a regulation of commerce that imposes a vehicle width
limitation of more or less than 102 inches on a commercial motor
vehicle operating on—
(A) a segment of the Dwight D. Eisenhower System of
Interstate and Defense Highways (except a segment exempted
under subsection (e) of this section);
(B) a qualifying Federal-aid highway designated by the
Secretary of Transportation, with traffic lanes designed to be
at least 12 feet wide; or
(C) a qualifying Federal-aid Primary System highway des-
ignated by the Secretary if the Secretary decides the designa-
tion is consistent with highway safety.
(2) Notwithstanding paragraph (1) of this subsection, a State
may continue to enforce a regulation of commerce in effect on
H. R. 1758—254
April 6, 1983, that applies to a commercial motor vehicle of more
than 102 inches in width, until the date on which the State pre-
scribes a regulation of commerce that complies with this subsection.
(3) A Federal-aid highway (except an interstate highway) not
designated under this subsection on June 5, 1984, may be des-
ignated under this subsection only with the agreement of the chief
executive officer of the State in which the highway is located.
(b) EXCLUSION
OF
SAFETY
AND
ENERGY
CONSERVATION
DEVICES.—Width calculated under this section does not include
a safety or energy conservation device the Secretary decides is
necessary for safe and efficient operation of a commercial motor
vehicle.
(c) SPECIAL USE PERMITS.—A State may grant a special use
permit to a commercial motor vehicle that is more than 102 inches
in width.
(d) STATE ENFORCEMENT.—Consistent with this section, a State
may enforce a commercial motor vehicle width limitation of 102
inches on a segment of the Dwight D. Eisenhower System of Inter-
state and Defense Highways (except a segment exempted under
subsection (e) of this section) or other qualifying Federal-aid high-
way designated by the Secretary.
(e) EXEMPTIONS.—(1) If the chief executive officer of a State,
after consulting under paragraph (2) of this subsection, decides
a segment of the Dwight D. Eisenhower System of Interstate and
Defense Highways is not capable of safely accommodating a
commercial motor vehicle having the width provided in subsection
(a) of this section, the chief executive officer may notify the Sec-
retary of that decision and request the Secretary to exempt that
segment from subsection (a) to allow the State to impose a width
limitation of less than 102 inches for a vehicle (except a bus)
on that segment.
(2) Before making a decision under paragraph (1) of this sub-
section, the chief executive officer shall consult with units of local
government in the State in which the segment of the Dwight
D. Eisenhower System of Interstate and Defense Highways is
located and with the chief executive officer of any adjacent State
that may be directly affected by the exemption. As part of the
consultations, consideration shall be given to any potential alter-
native route that serves the area in which the segment is located
and can safely accommodate a commercial motor vehicle having
the width provided for in subsection (a) of this section.
(3) A chief executive officer’s notification under this subsection
must include specific evidence of safety problems supporting the
officer’s decision and the results of consultations about alternative
routes.
(4)(A) If the Secretary decides, on request of a chief executive
officer or on the Secretary’s own initiative, a segment of the Dwight
D. Eisenhower System of Interstate and Defense Highways is not
capable of safely accommodating a commercial motor vehicle having
a width provided in subsection (a) of this section, the Secretary
shall exempt the segment from subsection (a) to allow the State
to impose a width limitation of less than 102 inches for a vehicle
(except a bus) on that segment. Before making a decision under
this paragraph, the Secretary shall consider any possible alternative
route that serves the area in which the segment is located.
(B) The Secretary shall make a decision about a specific seg-
ment not later than 120 days after the date of receipt of notification
H. R. 1758—255
from a chief executive officer under paragraph (1) of this subsection
or the date on which the Secretary initiates action under subpara-
graph (A) of this paragraph, whichever is applicable. If the Secretary
finds the decision will not be made in time, the Secretary imme-
diately shall notify Congress, giving the reasons for the delay,
information about the resources assigned, and the projected date
for the decision.
(C) Before making a decision, the Secretary shall give an
interested person notice and an opportunity for comment. If the
Secretary exempts a segment under this subsection before the final
regulations under subsection (a) of this section are prescribed, the
Secretary shall include the exemption as part of the final regula-
tions. If the Secretary exempts the segment after the final regula-
tions are prescribed, the Secretary shall publish the exemption
as an amendment to the final regulations.
§ 31114. Access to the Interstate System
(a) PROHIBITION ON DENYING ACCESS.—A State may not enact
or enforce a law denying to a commercial motor vehicle subject
to this subchapter or subchapter I of this chapter reasonable access
between—
(1) the Dwight D. Eisenhower System of Interstate and
Defense Highways (except a segment exempted under section
31111(f) or 31113(e) of this title) and other qualifying Federal-
aid Primary System highways designated by the Secretary of
Transportation; and
(2) terminals, facilities for food, fuel, repairs, and rest,
and points of loading and unloading for household goods car-
riers, motor carriers of passengers, or any truck tractor-
semitrailer combination in which the semitrailer has a length
of not more than 28.5 feet and that generally operates as
part of a vehicle combination described in section 31111(c)
of this title.
(b) EXCEPTION.—This section does not prevent a State or local
government from imposing reasonable restrictions, based on safety
considerations, on a truck tractor-semitrailer combination in which
the semitrailer has a length of not more than 28.5 feet and that
generally operates as part of a vehicle combination described in
section 31111(c) of this title.
§ 31115. Enforcement
On the request of the Secretary of Transportation, the Attorney
General shall bring a civil action for appropriate injunctive relief
to ensure compliance with this subchapter or subchapter I of this
chapter. The action may be brought in a district court of the
United States in any State in which the relief is required. On
a proper showing, the court shall issue a temporary restraining
order or preliminary or permanent injunction. An injunction under
this section may order a State or person to comply with this sub-
chapter, subchapter I, or a regulation prescribed under this sub-
chapter or subchapter I.
SUBCHAPTER III—SAFETY REGULATION
§ 31131. Purposes and findings
(a) PURPOSES.—The purposes of this subchapter are—
H. R. 1758—256
(1) to promote the safe operation of commercial motor
vehicles;
(2) to minimize dangers to the health of operators of
commercial motor vehicles and other employees whose employ-
ment directly affects motor carrier safety; and
(3) to ensure increased compliance with traffic laws and
with the commercial motor vehicle safety and health regulations
and standards prescribed and orders issued under this chapter.
(b) FINDINGS.—Congress finds—
(1) it is in the public interest to enhance commercial motor
vehicle safety and thereby reduce highway fatalities, injuries,
and property damage;
(2) improved, more uniform commercial motor vehicle
safety measures and strengthened enforcement would reduce
the number of fatalities and injuries and the level of property
damage related to commercial motor vehicle operations;
(3) enhanced protection of the health of commercial motor
vehicle operators is in the public interest; and
(4) interested State governments can provide valuable
assistance to the United States Government in ensuring that
commercial motor vehicle operations are conducted safely and
healthfully.
§ 31132. Definitions
In this subchapter—
(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 of at least 10,001
pounds;
(B) is designed to transport more than 15 passengers
including the driver; or
(C) is used in transporting material found by the Sec-
retary 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 Govern-
ment, 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.
(4) ‘‘interstate commerce’’ means trade, traffic, or transpor-
tation in the United States between a place in a State and—
H. R. 1758—258
(B) decide on other methods of furthering the purposes
of this subchapter; and
(3) make recommendations to the Secretary based on the
results of the study conducted under clause (2) of this sub-
section.
(c) COMPOSITION, APPOINTMENT, AND TERMS.—(1) The Panel
shall be composed of 15 members as follows:
(A) the Secretary or the Secretary’s delegate.
(B) 7 individuals appointed by the Secretary from among
individuals who represent the interests of States and political
subdivisions of States and whose names have been submitted
to the Secretary by the Committee on Commerce, Science, and
Transportation of the Senate or the Committee on Public Works
and Transportation of the House of Representatives.
(C) 7 individuals appointed by the Secretary from among
individuals who represent the interests of business, consumer,
labor, and safety groups and whose names have been submitted
to the Secretary by the Committee on Commerce, Science, and
Transportation of the Senate or the Committee on Public Works
and Transportation of the House of Representatives.
(2) The Secretary shall select the individuals to be appointed
under this subsection on the basis of their knowledge, expertise,
or experience related to commercial motor vehicle safety. Half of
the appointments shall be made from names submitted by the
Committee on Commerce, Science, and Transportation of the Sen-
ate, and the other half from names submitted by the Committee
on Public Works and Transportation of the House of Representa-
tives. Each of these committees shall submit to the Secretary the
names of 20 individuals qualified to serve on the Panel.
(3) The term of each member of the Panel appointed under
paragraph (1)(B) and (C) of this subsection is 7 years.
(4) A vacancy on the Panel shall be filled in the way the
original appointment was made. The vacancy does not affect the
Panel’s powers.
(d) CHAIRMAN, QUORUM, MEETINGS, AND PAY.—(1) The Sec-
retary is the Chairman of the Panel.
(2) Eight members of the Panel are a quorum, but the Panel
may establish a lesser number as a quorum to hold hearings,
take testimony, and receive evidence.
(3) The Panel shall meet at the call of the Chairman or a
majority of its members.
(4) Members of the Panel shall serve without pay, except that
they shall receive expenses under section 5703 of title 5.
(e) PERSONNEL, OFFICE SPACE, AND SUPPORT SERVICES.—On
request of the Panel, the Secretary shall—
(1) detail personnel of the Department of Transportation
to the Panel as necessary to assist the Panel in carrying out
its duties and powers; and
(2) provide office space, supplies, equipment, and other
support services to the Panel as necessary for the Panel to
carry out its duties and powers.
(f) HEARINGS AND OTHER ACTIONS.—To carry out the duties
and powers of the Panel under this subchapter, the Panel or any
member authorized by the Panel may hold hearings, sit and act
at times and places, take testimony, and take other actions the
Panel or the member considers advisable. A member of the Panel
H. R. 1758—259
may administer oaths to witnesses appearing before the Panel
or the member.
(g) TEMPORARY AND INTERMITTENT SERVICES.—Subject to regu-
lations the Panel may prescribe, the Chairman may procure the
temporary or intermittent services of experts or consultants under
section 3109 of title 5.
§ 31135. Duties of employers and employees
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.
§ 31136. United States Government regulations
(a) MINIMUM SAFETY STANDARDS.—Subject to section 30103(a)
of this title, the Secretary of Transportation shall prescribe regula-
tions 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
(4) the operation of commercial motor vehicles does not
have a deleterious effect on the physical condition of the
operators.
(b) ELIMINATING AND AMENDING EXISTING REGULATIONS.—The
Secretary may not eliminate or amend an existing motor carrier
safety regulation related only to the maintenance, equipment, load-
ing, or operation (including routing) of vehicles carrying material
found to be hazardous under section 5103 of this title until an
equivalent or more stringent regulation has been prescribed under
section 5103.
(c) PROCEDURES AND CONSIDERATIONS.—(1) A regulation under
this section shall be prescribed under section 553 of title 5 (without
regard to sections 556 and 557 of title 5).
(2) Before prescribing regulations under this section, the Sec-
retary shall consider, to the extent practicable and consistent with
the purposes of this chapter—
(A) costs and benefits; and
(B) State laws and regulations on commercial motor vehicle
safety, to minimize their unnecessary preemption.
(d) EFFECT OF EXISTING REGULATIONS.—If the Secretary does
not prescribe regulations on commercial motor vehicle safety under
this section, regulations on commercial motor vehicle safety pre-
scribed by the Secretary before October 30, 1984, and in effect
on October 30, 1984, shall be deemed in this subchapter to be
regulations prescribed by the Secretary under this section.
(e) WAIVERS.—After notice and an opportunity for comment,
the Secretary may waive any part of a regulation prescribed under
this section as it applies to a person or class of persons, if the
Secretary decides that the waiver is consistent with the public
interest and the safe operation of commercial motor vehicles. Under
H. R. 1758—260
this subsection, the Secretary shall waive the regulations prescribed
under this section as they apply to schoolbuses (as defined in
section 30125(a) of this title) unless the Secretary decides that
making the regulations applicable to schoolbuses is necessary for
public safety, considering all laws of the United States and States
applicable to schoolbuses. A waiver under this subsection shall
be published in the Federal Register, with the reasons for the
waiver.
(f) LIMITATIONS
ON
MUNICIPALITY
AND
COMMERCIAL
ZONE
EXEMPTIONS AND WAIVERS.—(1) The Secretary may not—
(A) exempt a person or commercial motor vehicle from
a regulation related to commercial motor vehicle safety only
because the operations of the person or vehicle are entirely
in a municipality or commercial zone of a municipality; or
(B) waive application to a person or commercial motor
vehicle of a regulation related to commercial motor vehicle
safety only because the operations of the person or vehicle
are entirely in a municipality or commercial zone of a munici-
pality.
(2) If a person was authorized to operate a commercial motor
vehicle in a municipality or commercial zone of a municipality
in the United States for the entire period from November 19,
1987, through November 18, 1988, and if the person is otherwise
qualified to operate a commercial motor vehicle, the person may
operate a commercial motor vehicle entirely in a municipality or
commercial zone of a municipality notwithstanding—
(A) paragraph (1) of this subsection;
(B) a minimum age requirement of the United States
Government for operation of the vehicle; and
(C) a medical or physical condition that—
(i) would prevent an operator from operating a commer-
cial motor vehicle under the commercial motor vehicle
safety regulations in title 49, Code of Federal Regulations;
(ii) existed on July 1, 1988;
(iii) has not substantially worsened; and
(iv) does not involve alcohol or drug abuse.
(3) This subsection does not affect a State commercial motor
vehicle safety law applicable to intrastate commerce.
§ 31137. Monitoring device and brake maintenance regula-
tions
(a) USE OF MONITORING DEVICES.—If the Secretary of Transpor-
tation 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.
(b) BRAKES AND BRAKE SYSTEMS MAINTENANCE REGULATIONS.—
Not later than December 31, 1990, the Secretary shall prescribe
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.
H. R. 1758—261
§ 31138. Minimum financial responsibility for transporting
passengers
(a) GENERAL REQUIREMENT.—The Secretary of Transportation
shall prescribe regulations to require minimum levels of financial
responsibility sufficient to satisfy liability amounts established by
the Secretary covering public liability and property damage for
the transportation of passengers for compensation by motor vehicle
in the United States between a place in a State and—
(1) a place in another State;
(2) another place in the same State through a place outside
of that State; or
(3) a place outside the United States.
(b) MINIMUM AMOUNTS.—The level of financial responsibility
established under subsection (a) of this section for a motor vehicle
with a seating capacity of—
(1) at least 16 passengers shall be at least $5,000,000;
and
(2) not more than 15 passengers shall be at least
$1,500,000.
(c) EVIDENCE
OF FINANCIAL RESPONSIBILITY.—(1) Subject to
paragraph (2) of this subsection, financial responsibility may be
established by evidence of one or a combination of the following
if acceptable to the Secretary of Transportation:
(A) insurance, including high self-retention.
(B) a guarantee.
(C) a surety bond issued by a bonding company authorized
to do business in the United States.
(2) A person domiciled in a country contiguous to the United
States and providing transportation to which a minimum level
of financial responsibility under this section applies shall have
evidence of financial responsibility in the motor vehicle when the
person is providing the transportation. If evidence of financial
responsibility is not in the vehicle, the Secretary of Transportation
and the Secretary of the Treasury shall deny entry of the vehicle
into the United States.
(d) CIVIL PENALTY.—(1) If, after notice and an opportunity
for a hearing, the Secretary of Transportation finds that a person
(except an employee acting without knowledge) has knowingly vio-
lated this section or a regulation prescribed under this section,
the person is liable to the United States Government for a civil
penalty of not more than $10,000 for each violation. A separate
violation occurs for each day the violation continues.
(2) The Secretary of Transportation shall impose the penalty
by written notice. In determining the amount of the penalty, the
Secretary shall consider—
(A) the nature, circumstances, extent, and gravity of the
violation;
(B) with respect to the violator, the degree of culpability,
any history of prior violations, the ability to pay, and any
effect on the ability to continue doing business; and
(C) other matters that justice requires.
(3) The Secretary of Transportation may compromise the pen-
alty before referring the matter to the Attorney General for
collection.
(4) The Attorney General shall bring a civil action in an appro-
priate district court of the United States to collect a penalty referred
to the Attorney General for collection under this subsection.
H. R. 1758—262
(5) The amount of the penalty may be deducted from amounts
the Government owes the person. An amount collected under this
section shall be deposited in the Treasury as miscellaneous receipts.
(e) NONAPPLICATION.—This section does not apply to a motor
vehicle—
(1) transporting only school children and teachers to or
from school;
(2) providing taxicab service, having a seating capacity
of not more than 6 passengers, and not being operated on
a regular route or between specified places; or
(3) carrying not more than 15 individuals in a single,
daily round trip to and from work.
§ 31139. Minimum financial responsibility for transporting
property
(a) DEFINITIONS.—In this section—
(1) ‘‘farm vehicle’’ means a vehicle—
(A) designed or adapted and used only for agriculture;
(B) operated by a motor private carrier (as defined
in section 10102 of this title); and
(C) operated only incidentally on highways.
(2) ‘‘interstate commerce’’ includes transportation between
a place in a State and a place outside the United States,
to the extent the transportation is in the United States.
(3) ‘‘State’’ means a State of the United States, the District
of Columbia, Puerto Rico, the Virgin Islands, American Samoa,
Guam, and the Northern Mariana Islands.
(b) GENERAL REQUIREMENT AND MINIMUM AMOUNT.—(1) The
Secretary of Transportation shall prescribe regulations to require
minimum levels of financial responsibility sufficient to satisfy liabil-
ity amounts established by the Secretary covering public liability,
property damage, and environmental restoration for the transpor-
tation of property for compensation by motor vehicle in the United
States between a place in a State and—
(A) a place in another State;
(B) another place in the same State through a place outside
of that State; or
(C) a place outside the United States.
(2) The level of financial responsibility established under para-
graph (1) of this subsection shall be at least $750,000.
(c) REQUIREMENTS FOR HAZARDOUS MATTER AND OIL.—(1) The
Secretary of Transportation shall prescribe regulations to require
minimum levels of financial responsibility sufficient to satisfy liabil-
ity amounts established by the Secretary covering public liability,
property damage, and environmental restoration for the transpor-
tation by motor vehicle in interstate or intrastate commerce of—
(A) hazardous material (as defined by the Secretary);
(B) oil or hazardous substances (as defined by the Adminis-
trator of the Environmental Protection Agency); or
(C) hazardous wastes (as defined by the Administrator).
(2)(A) Except as provided in subparagraph (B) of this para-
graph, the level of financial responsibility established under para-
graph (1) of this subsection shall be at least $5,000,000 for the
transportation—
(i) of hazardous substances (as defined by the Adminis-
trator) in cargo tanks, portable tanks, or hopper-type vehicles,
with capacities of more than 3,500 water gallons;
H. R. 1758—263
(ii) in bulk of class A explosives, poison gas, liquefied
gas, or compressed gas; or
(iii) of large quantities of radioactive material.
(B) The Secretary of Transportation by regulation may reduce
the minimum level in subparagraph (A) of this paragraph (to an
amount not less than $1,000,000) for transportation described in
subparagraph (A) in any of the territories of Puerto Rico, the
Virgin Islands, American Samoa, Guam, and the Northern Mariana
Islands if—
(i) the chief executive officer of the territory requests the
reduction;
(ii) the reduction will prevent a serious disruption in
transportation service and will not adversely affect public
safety; and
(iii) insurance of $5,000,000 is not readily available.
(3) The level of financial responsibility established under para-
graph (1) of this subsection for the transportation of a material,
oil, substance, or waste not subject to paragraph (2) of this sub-
section shall be at least $1,000,000. However, if the Secretary
of Transportation finds it will not adversely affect public safety,
the Secretary by regulation may reduce the amount for—
(A) a class of vehicles transporting such a material, oil,
substance, or waste in intrastate commerce (except in bulk);
and
(B) a farm vehicle transporting such a material or sub-
stance in interstate commerce (except in bulk).
(d) FOREIGN MOTOR CARRIERS AND PRIVATE CARRIERS.—Regula-
tions prescribed under this section may allow foreign motor carriers
and foreign motor private carriers (as those terms are defined
in section 10530 of this title) providing transportation of property
under a certificate of registration issued under section 10530 to
meet the minimum levels of financial responsibility under this
section only when those carriers are providing transportation for
property in the United States.
(e) EVIDENCE
OF FINANCIAL RESPONSIBILITY.—(1) Subject to
paragraph (2) of this subsection, financial responsibility may be
established by evidence of one or a combination of the following
if acceptable to the Secretary of Transportation:
(A) insurance.
(B) a guarantee.
(C) a surety bond issued by a bonding company authorized
to do business in the United States.
(D) qualification as a self-insurer.
(2) A person domiciled in a country contiguous to the United
States and providing transportation to which a minimum level
of financial responsibility under this section applies shall have
evidence of financial responsibility in the motor vehicle when the
person is providing the transportation. If evidence of financial
responsibility is not in the vehicle, the Secretary of Transportation
and the Secretary of the Treasury shall deny entry of the vehicle
into the United States.
(f) CIVIL PENALTY.—(1) If, after notice and an opportunity for
a hearing, the Secretary of Transportation finds that a person
(except an employee acting without knowledge) has knowingly vio-
lated this section or a regulation prescribed under this section,
the person is liable to the United States Government for a civil
H. R. 1758—264
penalty of not more than $10,000 for each violation. A separate
violation occurs for each day the violation continues.
(2) The Secretary of Transportation shall impose the penalty
by written notice. In determining the amount of the penalty, the
Secretary shall consider—
(A) the nature, circumstances, extent, and gravity of the
violation;
(B) with respect to the violator, the degree of culpability,
any history of prior violations, the ability to pay, and any
effect on the ability to continue doing business; and
(C) other matters that justice requires.
(3) The Secretary of Transportation may compromise the pen-
alty before referring the matter to the Attorney General for
collection.
(4) The Attorney General shall bring a civil action in an appro-
priate district court of the United States to collect a penalty referred
to the Attorney General for collection under this subsection.
(5) The amount of the penalty may be deducted from amounts
the Government owes the person. An amount collected under this
section shall be deposited in the Treasury as miscellaneous receipts.
(g) NONAPPLICATION.—This section does not apply to a motor
vehicle having a gross vehicle weight rating of less than 10,000
pounds if the vehicle is not used to transport in interstate or
foreign commerce—
(1) class A or B explosives;
(2) poison gas; or
(3) a large quantity of radioactive material.
§ 31140. Submission of State laws and regulations for review
(a) GENERAL.—A State that enacts a State law or issues a
regulation on commercial motor vehicle safety shall submit a copy
of the law or regulation to the Secretary of Transportation and
the Commercial Motor Vehicle Safety Regulatory Review Panel
immediately after the enactment or issuance.
(b) ADDITIONAL INFORMATION.—As soon as practicable but not
later than a date the Panel may establish, a State that submits
a State law or regulation under this section to the Panel shall—
(1) indicate in writing to the Panel whether the law or
regulation—
(A) has the same effect as a regulation prescribed
by the Secretary under section 31136 of this title;
(B) is less stringent than that regulation; or
(C) is additional to or more stringent than that regula-
tion; and
(2) submit to the Panel other information the Panel or
the Secretary may require to carry out this subchapter.
§ 31141. Review and preemption of State laws and regula-
tions
(a) PREEMPTION AFTER DECISION.—A State may not enforce
a State law or regulation on commercial motor vehicle safety that
the Secretary of Transportation decides under this section may
not be enforced.
(b) ANALYSIS AND DECISIONS BY THE PANEL.—(1) The Commer-
cial Motor Vehicle Safety Regulatory Review Panel annually shall
analyze State laws and regulations and decide which of those laws
and regulations are related to commercial motor vehicle safety.
H. R. 1758—265
(2) Not later than one year after the date the Secretary pre-
scribes a regulation under section 31136 of this title or one year
after the date the Panel decides under paragraph (1) of this sub-
section that a State law or regulation is related to commercial
motor vehicle safety, whichever is later, the Panel shall—
(A) decide whether the State law or regulation—
(i) has the same effect as the regulation prescribed
by the Secretary;
(ii) is less stringent than that regulation; or
(iii) is additional to or more stringent than that regula-
tion;
(B) decide, for each State law or regulation that the Panel
decides is additional to or more stringent than the regulation
prescribed by the Secretary, whether—
(i) the State law or regulation has no safety benefit;
(ii) the State law or regulation is incompatible with
the regulation prescribed by the Secretary; or
(iii) enforcement of the State law or regulation would
cause an unreasonable burden on interstate commerce; and
(C) notify the Secretary of the Panel’s decisions under
this subsection.
(c) REVIEW AND DECISIONS BY SECRETARY.—(1) The Secretary
shall review each State law and regulation on commercial motor
vehicle safety. Not later than 18 months after the date the Panel
notifies the Secretary of a decision under subsection (b) of this
section, the Secretary shall—
(A) conduct a regulatory proceeding to decide under this
subsection whether the State law or regulation may be enforced;
and
(B) prescribe a final regulation.
(2) If the Secretary decides a State law or regulation has
the same effect as a regulation prescribed by the Secretary under
section 31136 of this title, the State law or regulation may be
enforced.
(3) If the Secretary decides a State law or regulation is less
stringent than a regulation prescribed by the Secretary under sec-
tion 31136 of this title, the State law or regulation may not be
enforced.
(4) If the Secretary decides a State law or regulation is addi-
tional to or more stringent than a regulation prescribed by the
Secretary under section 31136 of this title, the State law or regula-
tion may be enforced unless the Secretary also decides that—
(A) the State law or regulation has no safety benefit;
(B) the State law or regulation is incompatible with the
regulation prescribed by the Secretary; or
(C) enforcement of the State law or regulation would cause
an unreasonable burden on interstate commerce.
(5)(A) In deciding about a State law or regulation under this
subsection, the Secretary shall give great weight to the correspond-
ing decision made by the Panel about that law or regulation under
subsection (b) of this section.
(B) In deciding under paragraph (4) of this subsection whether
a State law or regulation will cause an unreasonable burden on
interstate commerce, the Secretary may consider the effect on inter-
state commerce of implementation of that law or regulation with
the implementation of all similar laws and regulations of other
States.
H. R. 1758—266
(d) WAIVERS.—(1) A person (including a State) may petition
the Secretary for a waiver of a decision of the Secretary that
a State law or regulation may not be enforced under this section.
The Secretary shall grant the waiver, as expeditiously as possible,
if the person demonstrates to the satisfaction of the Secretary
that the waiver is consistent with the public interest and the
safe operation of commercial motor vehicles.
(2) Before deciding whether to grant or deny a petition for
a waiver under this subsection, the Secretary shall give the peti-
tioner an opportunity for a hearing on the record.
(e) CONSOLIDATING PROCEEDINGS.—The Secretary may consoli-
date regulatory proceedings under this section if the Secretary
decides that the consolidation will not adversely affect a party
to a proceeding.
(f) WRITTEN NOTICE OF DECISIONS.—Not later than 10 days
after making a decision under subsection (c) of this section that
a State law or regulation may not be enforced, the Secretary shall
give written notice to the State of that decision.
(g) JUDICIAL REVIEW AND VENUE.—(1) Not later than 60 days
after the Secretary makes a decision under subsection (c) of this
section, or grants or denies a petition for a waiver under subsection
(d) of this section, a person (including a State) adversely affected
by the decision, grant, or denial may file a petition for judicial
review. The petition may be filed in the court of appeals of the
United States for the District of Columbia Circuit or in the court
of appeals of the United States for the circuit in which the person
resides or has its principal place of business.
(2) The court has jurisdiction to review the decision, grant,
or denial and to grant appropriate relief, including interim relief,
as provided in chapter 7 of title 5.
(3) A judgment of a court under this subsection may be reviewed
only by the Supreme Court under section 1254 of title 28.
(4) The remedies provided for in this subsection are in addition
to other remedies provided by law.
(h) INITIATING REVIEW PROCEEDINGS.—To review a State law
or regulation on commercial motor vehicle safety under this section,
the Secretary may initiate a regulatory proceeding on the Sec-
retary’s own initiative or on petition of an interested person (includ-
ing a State).
§ 31142. Inspection of vehicles
(a) INSPECTION OF SAFETY EQUIPMENT.—On the instruction of
an authorized enforcement official of a State or of the United
States Government, a commercial motor vehicle is required to pass
an inspection of all safety equipment required under part 393
of title 49, Code of Federal Regulations.
(b) INSPECTION
OF VEHICLES
AND RECORD RETENTION.—The
Secretary of Transportation shall prescribe regulations on Govern-
ment standards for inspection of commercial motor vehicles and
retention by employers of records of an inspection. The standards
shall provide for annual or more frequent inspections of a commer-
cial motor vehicle unless the Secretary finds that another inspection
system is as effective as an annual or more frequent inspection
system. Regulations prescribed under this subsection are deemed
to be regulations prescribed under section 31136 of this title.
H. R. 1758—268
§ 31143. Investigating complaints and protecting complain-
ants
(a) INVESTIGATING COMPLAINTS.—The Secretary of Transpor-
tation shall conduct a timely investigation of a nonfrivolous written
complaint alleging that a substantial violation of a regulation pre-
scribed under this subchapter is occurring or has occurred within
the prior 60 days. The Secretary shall give the complainant timely
notice of the findings of the investigation. The Secretary is not
required to conduct separate investigations of duplicative com-
plaints.
(b) PROTECTING COMPLAINANTS.—Notwithstanding section 552
of title 5, the Secretary may disclose the identity of a complainant
only if disclosure is necessary to prosecute a violation. If disclosure
becomes necessary, the Secretary shall take every practical means
within the Secretary’s authority to ensure that the complainant
is not subject to harassment, intimidation, disciplinary action,
discrimination, or financial loss because of the disclosure.
§ 31144. Safety fitness of owners and operators
(a) PROCEDURE.—(1) In cooperation with the Interstate Com-
merce Commission, the Secretary of Transportation shall prescribe
regulations establishing a procedure to decide on the safety fitness
of owners and operators of commercial motor vehicles, including
persons seeking new or additional operating authority as motor
carriers under sections 10922 and 10923 of this title. The procedure
shall include—
(A) specific initial and continuing requirements to be met
by the owners, operators, and persons to prove safety fitness;
(B) a means of deciding whether the owners, operators,
and persons meet the safety fitness requirements under clause
(A) of this paragraph; and
(C) specific time deadlines for action by the Secretary and
the Commission in making fitness decisions.
(2) Regulations prescribed under this subsection supersede all
regulations of the United States Government on safety fitness and
safety rating of motor carriers in effect on October 30, 1984.
(b) FINDINGS AND ACTION ON APPLICATIONS.—The Commission
shall—
(1) find an applicant for authority to operate as a motor
carrier unfit if the applicant does not meet the safety fitness
requirements established under subsection (a) of this section;
and
(2) deny the application.
§ 31145. Coordination of Governmental activities and paper-
work
The Secretary of Transportation shall coordinate the activities
of departments, agencies, and instrumentalities of the United States
Government to ensure adequate protection of the safety and health
of operators of commercial motor vehicles. The Secretary shall
attempt to minimize paperwork burdens to ensure maximum
coordination and to avoid overlap and the imposition of unreason-
able burdens on persons subject to regulations under this sub-
chapter.
H. R. 1758—269
§ 31146. Relationship to other laws
Except as provided in section 31136(b) of this title, this sub-
chapter and the regulations prescribed under this subchapter do
not affect chapter 51 of this title or a regulation prescribed under
chapter 51.
§ 31147. Limitations on authority
(a) TRAFFIC REGULATIONS.—This subchapter does not authorize
the Secretary of Transportation to prescribe traffic safety regula-
tions or preempt State traffic regulations. However, the Secretary
may prescribe traffic regulations to the extent their subject matter
was regulated under parts 390–399 of title 49, Code of Federal
Regulations, on October 30, 1984.
(b) REGULATING THE MANUFACTURING OF VEHICLES.—This sub-
chapter does not authorize the Secretary to regulate the manufac-
ture of commercial motor vehicles for any purpose, including fuel
economy, safety, or emission control.
SUBCHAPTER IV—MISCELLANEOUS
§ 31161. Procedures to ensure timely correction of safety vio-
lations
(a) DEFINITION.—Section 31132(1) of this title applies to this
section.
(b) GENERAL.—Not later than August 3, 1991, the Secretary
of Transportation shall prescribe regulations establishing proce-
dures to ensure the proper and timely correction of commercial
motor vehicle safety violations noted during an inspection carried
out with money authorized under section 31104 of this title.
(c) VERIFICATION PROGRAM.—The regulations shall establish
a verification program for United States Government inspectors
and States participating under section 31102 of this title to ensure
that commercial motor vehicles and their operators found in viola-
tion of safety requirements have been brought into compliance
with those requirements. The regulations shall include—
(1) a nationwide system for random reinspection of the
commercial motor vehicles and their operators that have been
declared out-of-service because of those safety violations, with
the main purpose of the system being to verify that the viola-
tions have been corrected on a timely basis;
(2) a program of accountability for correcting all safety
violations that shall provide that—
(A) the operator of a commercial motor vehicle for
which a safety violation has been noted shall be issued
a form prescribed by the Secretary;
(B) the person making the repairs necessary to correct
the violation shall certify on the form the making of repairs
and the date, location, and time of the repairs;
(C) the motor carrier responsible for the commercial
motor vehicle or operator shall certify on the form that,
based on the carrier’s knowledge, the repairs necessary
to correct the violation have been made; and
(D) appropriate State penalties shall be imposed for
a false statement on the form or a failure to return the
form to the appropriate State entity; and
(3) a system for ensuring that appropriate State penalties
are imposed for failure to correct any of those safety violations.
H. R. 1758—270
§ 31162. Compliance review priority
If the Secretary of Transportation identifies a pattern of viola-
tions of State or local traffic safety laws or regulations or commercial
motor vehicle safety regulations, standards, or orders among drivers
of commercial motor vehicles employed by a particular motor car-
rier, the Secretary or a State representative shall ensure that
the motor carrier receives a high priority for review of that carrier’s
compliance with applicable United States Government and State
commercial motor vehicle safety regulations.
CHAPTER 313—COMMERCIAL MOTOR VEHICLE
OPERATORS
Sec.
31301.
Definitions.
31302.
Limitation on the number of driver’s licenses.
31303.
Notification requirements.
31304.
Employer responsibilities.
31305.
General driver fitness and testing.
31306.
Alcohol and controlled substances testing.
31307.
Minimum training requirements for operators of longer combination vehi-
cles.
31308.
Commercial driver’s license.
31309.
Commercial driver’s license information system.
31310.
Disqualifications.
31311.
Requirements for State participation.
31312.
Grants for testing and ensuring the fitness of operators of commercial
motor vehicles.
31313.
Grants for issuing commercial drivers’ licenses and complying with State
participation requirements.
31314.
Withholding amounts for State noncompliance.
31315.
Waiver authority.
31316.
Limitation on statutory construction.
31317.
Procedure for prescribing regulations.
§ 31301. Definitions
In this chapter—
(1) ‘‘alcohol’’ has the same meaning given the term ‘‘alco-
holic 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 of at least 26,001
pounds or a lesser gross vehicle weight rating 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 require-
ments of subclause (A) of this clause;
H. R. 1758—271
(ii) the vehicle 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 not otherwise
regulated by the Secretary or 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 Comprehen-
sive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C.
802).
(6) ‘‘driver’s license’’ means a license issued by a State
to an individual authorizing the individual to operate a motor
vehicle on highways.
(7) ‘‘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) ‘‘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) ‘‘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) ‘‘hazardous material’’ has the same meaning given
that term in section 5102 of this title.
(11) ‘‘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 oper-
ated only on a rail line or custom harvesting farm machinery.
(12) ‘‘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; and
(D) 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) ‘‘State’’ means a State of the United States and the
District of Columbia.
(14) ‘‘United States’’ means the States of the United States
and the District of Columbia.
§ 31302. Limitation on the number of driver’s licenses
An individual operating a commercial motor vehicle may have
only one driver’s license at any time, except during the 10-day
period beginning on the date the individual is issued a driver’s
license.
H. R. 1758—272
§ 31303. Notification requirements
(a) VIOLATIONS.—An individual operating a commercial motor
vehicle, having a driver’s license issued by a State, and violating
a State or local law on motor vehicle traffic control (except a
parking violation) shall notify the individual’s employer of the viola-
tion. If the violation occurred in a State other than the issuing
State, the individual also shall notify a State official designated
by the issuing State. The notifications required by this subsection
shall be made not later than 30 days after the date the individual
is found to have committed the violation.
(b) REVOCATIONS, SUSPENSIONS, 
AND
CANCELLATIONS.—An
employee who has a driver’s license revoked, suspended, or canceled
by a State, who loses the right to operate a commercial motor
vehicle in a State for any period, or who is disqualified from operat-
ing a commercial motor vehicle for any period, shall notify the
employee’s employer of the action not later than 30 days after
the date of the action.
(c) PREVIOUS EMPLOYMENT.—(1) Subject to paragraph (2) of
this subsection, an individual applying for employment as an opera-
tor of a commercial motor vehicle shall notify the prospective
employer, at the time of the application, of any previous employment
as an operator of a commercial motor vehicle.
(2) The Secretary of Transportation shall prescribe by regula-
tion the period for which notice of previous employment must be
given under paragraph (1) of this subsection. However, the period
may not be less than the 10-year period ending on the date of
the application.
§ 31304. Employer responsibilities
An employer may not knowingly allow an employee to operate
a commercial motor vehicle in the United States during a period
in which 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).
§ 31305. General driver fitness and testing
(a) MINIMUM STANDARDS FOR TESTING AND FITNESS.—The Sec-
retary 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 oper-
ation 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—
H. R. 1758—273
(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 mate-
rial—
(A) is qualified to operate the vehicle under regulations
on motor vehicle transportation of hazardous material pre-
scribed under chapter 51 of this title; and
(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 transpor-
tation of hazardous material; and
(iv) appropriate response procedures to follow in
those emergencies;
(6) shall establish minimum scores for passing the tests;
(7) shall ensure that an individual taking the tests is
qualified to operate a commercial motor vehicle under regula-
tions 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 operat-
ing 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 to operate the vehicle that meet the
minimum standards prescribed by the Secretary under subsection
(a) of this section.
(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.
§ 31306. Alcohol and controlled substances testing
(a) DEFINITION.—In this section, ‘‘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
not later than October 28, 1992, that establish a program requiring
motor carriers to conduct preemployment, reasonable suspicion,
random, and post-accident testing of operators of commercial motor
H. R. 1758—274
vehicles for the use of alcohol or a controlled substance in violation
of law or a United States Government regulation.
(B) When the Secretary of Transportation considers it appro-
priate in the interest of safety, the Secretary may prescribe regula-
tions 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 Sec-
retary 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 opera-
tor 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 labora-
tory controlled substances testing and laboratory proce-
dures 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 rev-
ocation 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 confirma-
tion test done independently at another certified laboratory
if the individual requests the 2d confirmation test not later
H. R. 1758—275
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 pre-
vent the use of test results for the orderly imposition of appro-
priate sanctions under this section; and
(8) ensure that employees are selected for tests by non-
discriminatory 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 coopera-
tion with another motor carrier.
(f) 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 influ-
ence of alcohol or a controlled substance as provided in this chapter.
(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 regula-
tion 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 pre-
vent 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.
H. R. 1758—276
(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.
§ 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 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 estab-
lished by the Secretary.
§ 31308. Commercial driver’s license
After consultation with the States, the Secretary of Transpor-
tation shall prescribe regulations on minimum uniform standards
for the issuance of commercial drivers’ licenses by the States and
for information to be contained on each of the licenses. The stand-
ards 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 pre-
scribed by the Secretary under section 31305(a) of this title;
(2) the license be tamperproof to the maximum extent
practicable; and
(3) the license contain—
(A) the name and address of the individual issued
the license and a physical description of the individual;
(B) the social security account number or other number
or information the Secretary decides is appropriate to iden-
tify the individual;
(C) the class or type of commercial motor vehicle the
individual is authorized to operate under the license;
(D) the name of the State that issued the license;
and
(E) the dates between which the license is valid.
§ 31309. Commercial driver’s license information system
(a) GENERAL REQUIREMENT.—The Secretary of Transportation
shall make an agreement under subsection (b) of this section for
the operation of, or establish under subsection (c) of this section,
an information system that will serve as a clearinghouse and deposi-
tory of information about the licensing, identification, and disquali-
fication of operators of commercial motor vehicles. The Secretary
shall consult with the States in carrying out this section.
(b) STATE AGREEMENTS.—If the Secretary decides that an
information system used by a State or States about the driving
status of operators of motor vehicles or another State-operated
information system could be used to carry out this section, and
the State or States agree to the use of the system for carrying
out this section, the Secretary may make an agreement with the
State or States to use the system as provided in this section and
H. R. 1758—277
section 31311(c) of this title. An agreement made under this sub-
section shall contain terms the Secretary considers necessary to
carry out this chapter.
(c) ESTABLISHMENT BY SECRETARY.—If the Secretary does not
make an agreement under subsection (b) of this section, the Sec-
retary shall establish an information system about the driving
status and licensing of operators of commercial motor vehicles as
provided in this section.
(d) 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 appro-
priate to identify the operator;
(D) the name of the State that issued the license to the
operator;
(E) the dates between which the license is valid; and
(F) whether the operator had a commercial motor vehicle
driver’s license 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 from operating a
commercial motor vehicle.
(2) Not later than December 31, 1990, the Secretary shall
prescribe regulations on minimum uniform standards for a
biometric identification system to ensure the identification of opera-
tors of commercial motor vehicles.
(e) AVAILABILITY OF INFORMATION.—(1) On request of a State,
the Secretary or the operator of the information system, as the
case may be, may make available to the State information in
the information system under this section.
(2) On request of an employee, the Secretary or the operator
of the information system, as the case may be, may make available
to the employee information in the information system about the
employee.
(3) On request of an employer or prospective employer of an
employee and after notification to the employee, the Secretary or
the operator of the information system, as the case may be, may
make available to the employer or prospective employer information
in the information system about the employee.
(4) On the request of the Secretary, the operator of the informa-
tion system shall make available to the Secretary information about
the driving status and licensing of operators of commercial motor
vehicles (including information required by subsection (d)(1) of this
section).
(f) FEE SYSTEM.—If the Secretary establishes an information
system under this section, the Secretary shall establish a fee system
for using the information system. Fees collected under this sub-
section in a fiscal year shall equal as nearly as possible the costs
of operating the information system in that fiscal year. The Sec-
retary shall deposit fees collected under this subsection in the
Highway Trust Fund (except the Mass Transit Account).
H. R. 1758—282
vehicles under the minimum standards prescribed by the
Secretary under section 31305(a) of this title; and
(ii) to require that operators of commercial motor
vehicles have passed written and driving tests that meet
the minimum standards; and
(B) has in effect and enforces in that fiscal year a law
providing that an individual with a blood alcohol concentration
of at least .10 percent when operating a commercial motor
vehicle is deemed to be driving under the influence of alcohol.
(2) A State may—
(A) administer driving tests referred to in paragraph (1)
of this subsection and section 31311(a) of this title; or
(B) make an agreement, approved by the Secretary, for
the tests to be administered by a person (including a depart-
ment, agency, or instrumentality of a local government) that
meets minimum standards the Secretary prescribes by regula-
tion if—
(i) the agreement allows the Secretary and the State
each to conduct random examinations, inspections, and
audits of the testing without prior notification; and
(ii) the State annually conducts at least one onsite
inspection of the testing.
(3) The Secretary shall decide on the amount of a grant in
a fiscal year to be made under this subsection to a State eligible
to receive the grant in the fiscal year. However—
(A) a grant to a State under this subsection shall be at
least $100,000 in a fiscal year; and
(B) to the extent each State grant under this subsection
is more than $100,000 in a fiscal year, the Secretary shall
ensure that those States are treated equitably.
(4) A State receiving a grant under this subsection may use
the amounts provided under the grant only to test operators of
commercial motor vehicles.
(5) There is available to the Secretary to carry out this sub-
section $lllll from amounts made available under section
31104 of this title for the fiscal year ending September 30, 19l.
(b) SUPPLEMENTAL GRANTS.—(1) The Secretary may make a
grant under this subsection in a fiscal year to a State eligible
to receive a grant under subsection (a) of this section in that
fiscal year. A grant made under this subsection shall be used
for testing operators of commercial motor vehicles.
(2) Amounts of grants under this subsection shall be distributed
among the States eligible to receive grants under subsection (a)
of this section in the fiscal year on the basis of the number of
written and driving tests administered, and the number of drivers’
licenses for the operation of commercial motor vehicles issued, in
the prior fiscal year.
(3) There is available to the Secretary to carry out this sub-
section $lllll from amounts made available under section
31104 of this title for the fiscal year ending September 30, 19l.
(c) MAINTENANCE OF EXPENDITURES.—The Secretary may make
a grant to a State under this section only if the State agrees
that the total expenditure of amounts of the State and political
subdivisions of the State, exclusive of United States Government
amounts, for testing operators of commercial motor vehicles will
be maintained at a level at least equal to the average level of
that expenditure for its last 2 fiscal years before October 27, 1986.
H. R. 1758—283
(d) AVAILABILITY OF AMOUNTS.—(1) Amounts made available
to a State under this section remain available for obligation by
the State for the fiscal year for which the amounts are made
available. Any of those amounts not obligated before the last day
of that fiscal year are no longer available for obligation by the
State and are available to the Secretary to carry out this chapter.
(2) Amounts made available to the Secretary under this section
remain available until expended.
(e) GRANTS AS CONTRACTUAL OBLIGATIONS.—Approval by the
Secretary of a grant to a State under this section is a contractual
obligation of the Government for payment of the amount of the
grant.
(f) TESTING AND FITNESS PROGRAM STUDIES.—In this section,
development of a program for testing and ensuring the fitness
of individuals who operate commercial motor vehicles includes
studies of—
(1) the number of vehicles that will need to be tested
under the program in a calendar year;
(2) facilities at which testing of those individuals could
be conducted; and
(3) additional resources (including personnel) that will be
necessary to conduct the testing.
§ 31313. Grants for issuing commercial drivers’ licenses and
complying with State participation requirements
(a) GENERAL AUTHORITY.—The Secretary of Transportation may
make a grant under this section to a State in a fiscal year if
the State makes an agreement with the Secretary to participate
in that fiscal year in the commercial driver’s license program estab-
lished by this chapter and the information system required by
section 31309 of this title and to comply with the requirements
of section 31311(a) of this title.
(b) AMOUNTS OF GRANTS.—The Secretary shall decide on the
amount of a grant in a fiscal year to be made under this section
to a State eligible to receive the grant in the fiscal year. However—
(1) a grant to a State under this section shall be at least
$100,000 in a fiscal year; and
(2) to the extent each State grant under this section is
more than $100,000 in a fiscal year, the Secretary shall ensure
that those States are treated equitably.
(c) LIMITATION ON USE.—A State receiving a grant under this
section may use the amounts provided under the grant only for
issuing commercial drivers’ licenses and complying with the require-
ments of section 31311(a) of this title.
(d) AVAILABILITY OF AMOUNTS.—(1) Amounts made available
to a State under this section remain available for obligation by
the State for the fiscal year for which the amounts are made
available. Any of those amounts not obligated before the last day
of that fiscal year are no longer available for obligation by the
State and are available to the Secretary to carry out this chapter.
(2) Amounts made available to the Secretary under this section
remain available until expended.
(e) GRANTS AS CONTRACTUAL OBLIGATIONS.—Approval by the
Secretary of a grant to a State under this section is a contractual
obligation of the United States Government for payment of the
amount of the grant.
H. R. 1758—284
(f) AUTHORIZATION.—There is available to the Secretary to carry
out this section $lllll from amounts made available under
section 31104 of this title for the fiscal year ending September
30, 19l.
§ 31314. Withholding amounts for State noncompliance
(a) FIRST FISCAL YEAR.—The Secretary of Transportation shall
withhold 5 percent of the amount required to be apportioned to
a State under section 104(b)(1), (2), (5), and (6) of title 23 on
the first day of the fiscal year after the first fiscal year beginning
after September 30, 1992, throughout which the State does not
comply substantially with a requirement of section 31311(a) of
this title.
(b) SECOND FISCAL YEAR.—The Secretary shall withhold 10
percent of the amount required to be apportioned to a State under
section 104(b)(1), (2), (5), and (6) of title 23 on the first day of
each fiscal year after the 2d fiscal year beginning after September
30, 1992, throughout which the State does not comply substantially
with a requirement of section 31311(a) of this title.
(c) AVAILABILITY FOR APPORTIONMENT.—(1) Amounts withheld
under this section from apportionment to a State before October
1, 1995, remain available for apportionment to the State as follows:
(A) If the amounts would have been apportioned under
section 104(b)(5)(B) of title 23 but for this section, the amounts
remain available until the end of the 2d fiscal year following
the fiscal year for which the amounts are authorized to be
appropriated.
(B) If the amounts would have been apportioned under
section 104(b)(1), (2), or (6) of title 23 but for this section,
the amounts remain available until the end of the 3d fiscal
year following the fiscal year for which the amounts are author-
ized to be appropriated.
(2) Amounts withheld under this section from apportionment
to a State after September 30, 1995, are not available for apportion-
ment to the State.
(d) APPORTIONMENT AFTER COMPLIANCE.—(1) If, before the last
day of the period for which amounts withheld under this section
from apportionment are to remain available for apportionment to
a State under subsection (c)(1) of this section, the State substan-
tially complies with all of the requirements of section 31311(a)
of this title for a period of 365 days, the Secretary, on the day
following the last day of that period, shall apportion to the State
the withheld amounts remaining available for apportionment to
that State.
(2) Amounts apportioned under paragraph (1) of this subsection
remain available for expenditure until the end of the 3d fiscal
year following the fiscal year in which the amounts are apportioned.
Amounts not obligated at the end of that period lapse or, for
amounts apportioned under section 104(b)(5) of title 23, lapse and
are available for projects under section 118(b) of title 23.
(e) LAPSE.—If, at the end of the period for which amounts
withheld under this section from apportionment are available for
apportionment to a State under subsection (c)(1) of this section,
the State has not substantially complied with all of the require-
ments of section 31311(a) of this title for a 365-day period, the
amounts lapse or, for amounts withheld from apportionment under
H. R. 1758—285
section 104(b)(5) of title 23, the amounts lapse and are available
for projects under section 118(b) of title 23.
§ 31315. Waiver authority
After notice and an opportunity for comment, the Secretary
of Transportation may waive any part of this chapter or a regulation
prescribed under this chapter as it applies to a class of individuals
or commercial motor vehicles if the Secretary decides the waiver
is not contrary to the public interest and does not diminish the
safe operation of commercial motor vehicles. A waiver under this
section shall be published in the Federal Register with reasons
for the waiver.
§ 31316. Limitation on statutory construction
This chapter does not affect the authority of the Secretary
of Transportation to regulate commercial motor vehicle safety
involving motor vehicles with a gross vehicle weight rating of less
than 26,001 pounds or a lesser gross vehicle weight rating the
Secretary decides is appropriate under section 31301(4)(A) of this
title.
§ 31317. Procedure for prescribing regulations
Regulations prescribed by the Secretary of Transportation to
carry out this chapter (except section 31307) shall be prescribed
under section 553 of title 5 without regard to sections 556 and
557 of title 5.
CHAPTER 315—MOTOR CARRIER SAFETY
Sec.
31501.
Definitions.
31502.
Requirements for qualifications, hours of service, safety, and equipment
standards.
31503.
Research, investigation, and testing.
31504.
Identification of motor vehicles.
§ 31501. Definitions
In this chapter—
(1) ‘‘migrant worker’’ means an individual going to or from
employment in agriculture as provided under section 3121(g)
of the Internal Revenue Code of 1986 (26 U.S.C. 3121(g)) or
section 203(f) of the Fair Labor Standards Act of 1938 (29
U.S.C. 203(f)).
(2) ‘‘motor carrier’’, ‘‘motor common carrier’’, ‘‘motor private
carrier’’, ‘‘motor vehicle’’, and ‘‘United States’’ have the same
meanings given those terms in section 10102 of this title.
(3) ‘‘motor carrier of migrant workers’’—
(A) means a person (except a motor common carrier)
providing transportation referred to in section 10521(a)
of this title by a motor vehicle (except a passenger auto-
mobile or station wagon) for at least 3 migrant workers
at a time to or from their employment; but
(B) does not include a migrant worker providing
transportation for migrant workers and their immediate
families.
§ 31502. Requirements for qualifications, hours of service,
safety, and equipment standards
(a) APPLICATION.—This section applies to transportation—
H. R. 1758—286
(1) described in sections 10521 and 10522 of this title;
and
(2) to the extent the transportation is in the United States
and is between places in a foreign country, or between a place
in a foreign country and a place in another foreign country.
(b) MOTOR CARRIER AND PRIVATE MOTOR CARRIER REQUIRE-
MENTS.—The Secretary of Transportation may prescribe require-
ments for—
(1) qualifications and maximum hours of service of employ-
ees of, and safety of operation and equipment of, a motor
carrier; and
(2) qualifications and maximum hours of service of employ-
ees of, and standards of equipment of, a motor private carrier,
when needed to promote safety of operation.
(c) MIGRANT WORKER MOTOR CARRIER REQUIREMENTS.—The
Secretary may prescribe requirements for the comfort of passengers,
qualifications and maximum hours of service of operators, and
safety of operation and equipment of a motor carrier of migrant
workers. The requirements only apply to a carrier transporting
a migrant worker—
(1) at least 75 miles; and
(2) across the boundary of a State, territory, or possession
of the United States.
(d) CONSIDERATIONS.—Before prescribing or revising any
requirement under this section, the Secretary shall consider the
costs and benefits of the requirement.
§ 31503. Research, investigation, and testing
(a) GENERAL AUTHORITY.—The Secretary of Transportation may
investigate and report on the need for regulation by the United
States Government of sizes, weight, and combinations of motor
vehicles and qualifications and maximum hours of service of employ-
ees of a motor carrier subject to subchapter II of chapter 105
of this title and a motor private carrier. The Secretary shall use
the services of each department, agency, or instrumentality of the
Government and each organization of motor carriers having special
knowledge of a matter being investigated.
(b) USE OF SERVICES.—In carrying out this chapter, the Sec-
retary may use the services of a department, agency, or instrumen-
tality of the Government having special knowledge about safety,
to conduct scientific and technical research, investigation, and test-
ing when necessary to promote safety of operation and equipment
of motor vehicles. The Secretary may reimburse the department,
agency, or instrumentality for the services provided.
§ 31504. Identification of motor vehicles
(a) GENERAL AUTHORITY.—The Secretary of Transportation
may—
(1) issue and require the display of an identification plate
on a motor vehicle used in transportation provided by a motor
private carrier and a motor carrier of migrant workers subject
to section 31502(c) of this title, except a motor contract carrier;
and
(2) require each of those motor private carriers and motor
carriers of migrant workers to pay the reasonable cost of the
plate.
H. R. 1758—288
(2) to provide technical assistance to States participating
or seeking to participate in the Plan or Agreement.
(c) CONSULTATION REQUIREMENT.—In carrying out subsection
(b) of this section, the working group shall consult with members
of the motor carrier industry.
(d) REPORT.—(1) Not later than December 18, 1993, the working
group shall submit a report to—
(A) the Secretary;
(B) the Committee on Commerce, Science, and Transpor-
tation of the Senate;
(C) the Committee on Public Works and Transportation
of the House of Representatives;
(D) the Committee on the Judiciary of the House of Rep-
resentatives;
(E) the States participating in the International Registra-
tion Plan; and
(F) the States participating in the International Fuel Tax
Agreement.
(2) The report shall contain a detailed statement of the working
group’s findings and conclusions and its joint recommendations
about the matters referred to in subsection (b) of this section.
After submitting the report, the working group periodically may
review and modify the findings and conclusions and the joint rec-
ommendations as appropriate and submit a report containing the
modifications to the Secretary and the committees specified in para-
graph (1) of this subsection.
(e) RELATIONSHIP
TO OTHER LAWS.—The Federal Advisory
Committee Act (5 App. U.S.C.) does not apply to the working
group.
§ 31703. Grants
(a) GENERAL AUTHORITY.—The Secretary of Transportation may
make grants to States and appropriate persons to facilitate partici-
pation in the International Registration Plan and the International
Fuel Tax Agreement and to make administrative improvements
in any other base State fuel use tax agreement in existence as
of January 1, 1991. A grant may include amounts for technical
assistance, personnel training, travel costs, and technology and
equipment associated with the participation.
(b) CONTRACTUAL OBLIGATION.—Approval by the Secretary of
a grant with amounts made available under this section is a contrac-
tual obligation of the United States Government for payment of
the Government’s share of the grant.
§ 31704. Vehicle registration
After September 30, 1996, a State that is not participating
in the International Registration Plan may not establish, maintain,
or enforce a commercial motor vehicle registration law, regulation,
or agreement that limits the operation in that State of a commercial
motor vehicle that is not registered under the laws of the State,
if the vehicle is registered under the laws of a State participating
in the Plan.
§ 31705. Fuel use tax
(a) REPORTING REQUIREMENTS.—After September 30, 1996, a
State may establish, maintain, or enforce a law or regulation that
has a fuel use tax reporting requirement (including any tax report-
H. R. 1758—289
ing form) only if the requirement conforms with the International
Fuel Tax Agreement.
(b) PAYMENT.—After September 30, 1996, a State may establish,
maintain, or enforce a law or regulation that provides for the
payment of a fuel use tax only if the law or regulation conforms
with the International Fuel Tax Agreement as it applies to collection
of a fuel use tax by a single base State and proportional sharing
of fuel use taxes charged among the States where a commercial
motor vehicle is operated.
(c) LIMITATION.—If the International Fuel Tax Agreement is
amended, a State not participating in the Agreement when the
amendment is made is not subject to the conformity requirements
of subsections (a) and (b) of this section in regard to the amendment
until after a reasonable time, but not earlier than the expiration
of—
(1) the 365-day period beginning on the first day that
States participating in the Agreement are required to comply
with the amendment; or
(2) the 365-day period beginning on the day the relevant
office of the State receives written notice of the amendment
from the Secretary of Transportation.
(d) NONAPPLICATION.—This section does not apply to a State
that was participating in the Regional Fuel Tax Agreement on
January 1, 1991, and that continues to participate in that Agree-
ment after that date.
§ 31706. Enforcement
(a) CIVIL ACTIONS.—On request of the Secretary of Transpor-
tation, the Attorney General may bring a civil action in a court
of competent jurisdiction to enforce compliance with sections 31704
and 31705 of this title.
(b) VENUE.—An action under this section may be brought only
in the State in which an order is required to enforce compliance.
(c) RELIEF.—Subject to section 1341 of title 28, the court, on
a proper showing—
(1) shall issue a temporary restraining order or a prelimi-
nary or permanent injunction; and
(2) may require by the injunction that the State or any
person comply with sections 31704 and 31705 of this title.
§ 31707. Limitations on statutory construction
Sections 31704 and 31705 of this title do not limit the amount
of money a State may charge for registration of a commercial
motor vehicle or the amount of any fuel use tax a State may
impose.
§ 31708. Authorization of appropriations
(a) GENERAL.—From amounts made available under section
31104 of this title, the Secretary of Transportation shall provide
the following amounts for each of the fiscal years ending September
30, 1993-1997:
(1) $1,000,000 for activities of the working group under
section 31702 of this title.
(2) $5,000,000 for grants under section 31703 of this title.
(b) AVAILABILITY OF AMOUNTS.—Amounts appropriated under
this section remain available until expended.
H. R. 1758—290
PART C—INFORMATION, STANDARDS, AND
REQUIREMENTS
CHAPTER 321—GENERAL
Sec.
32101.
Definitions.
32102.
Authorization of appropriations.
§ 32101. Definitions
In this part (except section 32304 and chapter 329)—
(1) ‘‘bumper standard’’ means a minimum performance
standard that substantially reduces—
(A) the damage to the front or rear end of a passenger
motor vehicle from a low-speed collision (including a colli-
sion with a fixed barrier) or from towing the vehicle; or
(B) the cost of repairing the damage.
(2) ‘‘insurer’’ means a person in the business of issuing,
or reinsuring any part of, a passenger motor vehicle insurance
policy.
(3) ‘‘interstate commerce’’ means commerce between a place
in a State and—
(A) a place in another State; or
(B) another place in the same State through another
State.
(4) ‘‘make’’, when describing a passenger motor vehicle,
means the trade name of the manufacturer of the vehicle.
(5) ‘‘manufacturer’’ means a person—
(A) manufacturing or assembling passenger motor
vehicles or passenger motor vehicle equipment; or
(B) importing motor vehicles or motor vehicle equip-
ment for resale.
(6) ‘‘model’’, when describing a passenger motor vehicle,
means a category of passenger motor vehicles based on the
size, style, and type of a make of vehicle.
(7) ‘‘motor vehicle’’ means a vehicle driven or drawn by
mechanical power and manufactured primarily for use on public
streets, roads, and highways, but does not include a vehicle
operated only on a rail line.
(8) ‘‘motor vehicle accident’’ means an accident resulting
from the maintenance or operation of a passenger motor vehicle
or passenger motor vehicle equipment.
(9) ‘‘multipurpose passenger vehicle’’ means a passenger
motor vehicle constructed on a truck chassis or with special
features for occasional off-road operation.
(10) ‘‘passenger motor vehicle’’ means a motor vehicle with
motive power designed to carry not more than 12 individuals,
but does not include—
(A) a motorcycle; or
(B) a truck not designed primarily to carry its operator
or passengers.
(11) ‘‘passenger motor vehicle equipment’’ means—
(A) a system, part, or component of a passenger motor
vehicle as originally made;
(B) a similar part or component made or sold for
replacement or improvement of a system, part, or compo-
H. R. 1758—291
nent, or as an accessory or addition to a passenger motor
vehicle; or
(C) a device made or sold for use in towing a passenger
motor vehicle.
(12) ‘‘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.
(13) ‘‘United States district court’’ means a district court
of the United States, a United States court for Guam, the
Virgin Islands, and American Samoa, and the district court
for the Northern Mariana Islands.
§ 32102. Authorization of appropriations
The following amounts may be appropriated to the Secretary
of Transportation for the National Highway Traffic Safety Adminis-
tration to carry out this part:
(1) $6,731,430 for the fiscal year ending September 30,
1993.
(2) $6,987,224 for the fiscal year ending September 30,
1994.
(3) $7,252,739 for the fiscal year ending September 30,
1995.
CHAPTER 323—CONSUMER INFORMATION
Sec.
32301.
Definitions.
32302.
Passenger motor vehicle information.
32303.
Insurance information.
32304.
Passenger motor vehicle country of origin labeling.
32305.
Information and assistance from other departments, agencies, and instru-
mentalities.
32306.
Personnel.
32307.
Investigative powers.
32308.
General prohibitions, civil penalty, and enforcement.
32309.
Criminal penalty for labeling violations.
§ 32301. Definitions
In this chapter—
(1) ‘‘crashworthiness’’ means the protection a passenger
motor vehicle gives its passengers against personal injury or
death from a motor vehicle accident.
(2) ‘‘damage susceptibility’’ means the susceptibility of a
passenger motor vehicle to damage in a motor vehicle accident.
§ 32302. Passenger motor vehicle information
(a) INFORMATION PROGRAM.—The Secretary of Transportation
shall maintain a program for developing the following information
on passenger motor vehicles:
(1) damage susceptibility.
(2) crashworthiness.
(3) the degree of difficulty of diagnosis and repair of damage
to, or failure of, mechanical and electrical systems.
(4) vehicle operating costs dependent on the characteristics
referred to in clauses (1)–(3) of this subsection, including insur-
ance information obtained under section 32303 of this title.
(b) MOTOR VEHICLE INFORMATION.—To assist a consumer in
buying a passenger motor vehicle, the Secretary shall provide to
the public information developed under subsection (a) of this section.
The information shall be in a simple and understandable form
H. R. 1758—292
that allows comparison of the characteristics referred to in sub-
section (a)(1)–(3) of this section among the makes and models of
passenger motor vehicles. The Secretary may require passenger
motor vehicle dealers to distribute the information to prospective
buyers.
(c) INSURANCE COST INFORMATION.—The Secretary shall pre-
scribe regulations that require passenger motor vehicle dealers
to distribute to prospective buyers information the Secretary devel-
ops and provides to the dealers that compares insurance costs
for different makes and models of passenger motor vehicles based
on damage susceptibility and crashworthiness.
§ 32303. Insurance information
(a) GENERAL REPORTS AND INFORMATION REQUIREMENTS.—(1)
In carrying out this chapter, the Secretary of Transportation may
require an insurer, or a designated agent of the insurer, to make
reports and provide the Secretary with information. The reports
and information may include accident claim information by make,
model, and model year of passenger motor vehicle about the kind
and extent of—
(A) physical damage and repair costs; and
(B) personal injury.
(2) In deciding which reports and information are to be provided
under this subsection, the Secretary shall—
(A) consider the cost of preparing and providing the reports
and information;
(B) consider the extent to which the reports and information
will contribute to carrying out this chapter; and
(C) consult with State authorities and public and private
agencies the Secretary considers appropriate.
(3) To the extent possible, the Secretary shall obtain reports
and information under this subsection on a voluntary basis.
(b) REQUESTED INFORMATION ON CRASHWORTHINESS, DAMAGE
SUSCEPTIBILITY, AND REPAIR AND PERSONAL INJURY COST.—When
requested by the Secretary, an insurer shall give the Secretary
information—
(1) about the extent to which the insurance premiums
charged by the insurer are affected by damage susceptibility,
crashworthiness, and the cost of repair and personal injury,
for each make and model of passenger motor vehicle; and
(2) available to the insurer about the effect of damage
susceptibility, crashworthiness, and the cost of repair and per-
sonal injury for each make and model of passenger motor
vehicle on the risk incurred by the insurer in insuring that
make and model.
(c) DISCLOSURE.—In distributing information received under
this section, the Secretary may disclose identifying information
about a person that may be an insured, a claimant, a passenger,
an owner, a witness, or an individual involved in a motor vehicle
accident, only with the consent of the person.
§ 32304. Passenger motor vehicle country of origin labeling
(a) DEFINITIONS.—In this section—
(1) ‘‘allied supplier’’ means a supplier of passenger motor
vehicle equipment that is wholly owned by the manufacturer,
or if a joint venture vehicle assembly arrangement, a supplier
H. R. 1758—293
that is wholly owned by one member of the joint venture
arrangement.
(2)(A) ‘‘carline’’—
(i) means a name given a group of passenger motor
vehicles that has a degree of commonality in construction
such as body and chassis;
(ii) does not consider a level of decor or opulence;
and
(iii) except for light duty trucks, is not generally distin-
guished by characteristics such as roof line, number of
doors, seats, or windows; and
(B) light duty trucks are different carlines than passenger
motor vehicles.
(3) ‘‘country of origin’’, when referring to the origin of
an engine or transmission, means the country from which the
largest share of the dollar value added to an engine or trans-
mission has originated—
(A) with the United States and Canada treated as
separate countries; and
(B) the estimate of the percentage of the dollar value
shall be based on the purchase price of direct materials,
as received at individual engine or transmission plants,
of engines of the same displacement and transmissions
of the same transmission type.
(4) ‘‘dealer’’ means a person residing or located in the
United States, including the District of Columbia or a territory
or possession of the United States, and engaged in selling
or distributing new passenger motor vehicles to the ultimate
purchaser.
(5) ‘‘final assembly place’’ means the plant, factory, or other
place at which a new passenger motor vehicle is produced
or assembled by a manufacturer, and from which the vehicle
is delivered to a dealer or importer with all component parts
necessary for the mechanical operation of the vehicle included
with the vehicle, whether or not the component parts are
permanently installed in or on the vehicle.
(6) ‘‘foreign content’’ means passenger motor vehicle equip-
ment that is not of United States/Canadian origin.
(7) ‘‘manufacturer’’ means a person—
(A) engaged in manufacturing or assembling new pas-
senger motor vehicles;
(B) importing new passenger motor vehicles for resale;
or
(C) acting for and under the control of such a manufac-
turer, assembler, or importer in connection with the dis-
tribution of new passenger motor vehicles.
(8) ‘‘new passenger motor vehicle’’ means a passenger motor
vehicle for which a manufacturer, distributor, or dealer has
never transferred the equitable or legal title to the vehicle
to an ultimate purchaser.
(9) ‘‘of United States/Canadian origin’’, when referring to
passenger motor vehicle equipment, means—
(A) for an outside supplier, passenger motor vehicle
equipment whose purchase price contains at least 70 per-
cent value added in the United States and Canada; and
(B) for an allied supplier, that part of the individual
passenger motor vehicle equipment whose purchase price
H. R. 1758—294
the manufacturer determines remains after subtracting the
total of the purchase prices of all material of foreign content
purchased from outside suppliers, with the determination
of the United States/Canadian origin or of the foreign con-
tent from outside suppliers being consistent with subclause
(A) of this clause.
(10) ‘‘outside supplier’’ means a supplier of passenger motor
vehicle equipment to a manufacturer’s allied supplier, or a
person other than an allied supplier, who ships directly to
the manufacturer’s final assembly place.
(11) ‘‘passenger motor vehicle’’ means a motor vehicle with
motive power, manufactured primarily for use on public streets,
roads, and highways, and designed to carry not more than
12 individuals—
(A) including a multipurpose vehicle or light duty truck
when the vehicle or truck is rated at not more than 8,500
pounds gross vehicle weight; but
(B) not including—
(i) a motorcycle;
(ii) a truck not designed primarily to carry its
operator or passengers; or
(iii) a vehicle operated only on a rail line.
(12) ‘‘passenger motor vehicle equipment’’—
(A) means a system, subassembly, or component
received at the final vehicle assembly place for installation
on, or attachment to, a passenger motor vehicle at the
time of its first shipment by the manufacturer to a dealer
for sale to an ultimate purchaser; but
(B) does not include minor parts (including nuts, bolts,
clips, screws, pins, braces, and other attachment hardware)
and other similar items the Secretary of Transportation
may prescribe by regulation after consulting with manufac-
turers and labor.
(13) ‘‘percentage (by value)’’, when referring to passenger
motor vehicle equipment of United States/Canadian origin,
means the percentage remaining after subtracting the percent-
age (by value) of passenger motor vehicle equipment that is
not of United States/Canadian origin that will be installed
or included on those vehicles produced in a carline, from 100
percent—
(A) with value being expressed in terms of the purchase
price; and
(B) for outside suppliers and allied suppliers, the value
used is the purchase price of the equipment paid at the
final assembly place.
(14) ‘‘State’’ means a State of the United States, the District
of Columbia, Puerto Rico, Guam, the Canal Zone, American
Samoa, and the Virgin Islands.
(15) ‘‘value added in the United States and Canada’’ means
a percentage determined by subtracting the total purchase price
of foreign content from the total purchase price, and dividing
the remainder by the total purchase price, excluding costs
incurred or profits made at the final assembly place and beyond
(including advertising, assembly, labor, interest payments, and
profits), with the following groupings being used:
(A) engines of same displacement produced at the same
plant.
H. R. 1758—295
(B) transmissions of the same type produced at the
same plant.
(b) MANUFACTURER REQUIREMENT.—(1) Each manufacturer of
a new passenger motor vehicle manufactured after September 30,
1994, and distributed in commerce for sale in the United States,
shall establish each year for each model year and cause to be
attached in a prominent place on each of those vehicles, at least
one label. The label shall contain the following information:
(A) the percentage (by value) of passenger motor vehicle
equipment of United States/Canadian origin installed on
vehicles in the carline to which that vehicle belongs, identified
by the words ‘‘U.S./Canadian content’’.
(B) the final assembly place for that vehicle by city, State
(where appropriate) and country.
(C) if at least 15 percent (by value) of equipment installed
on passenger motor vehicles in a carline originated in any
country other than the United States and Canada, the names
of at least the 2 countries in which the greatest amount (by
value) of that equipment originated and the percentage (by
value) of the equipment originating in each country.
(D) the country of origin of the engine and the transmission
for each vehicle.
(2) At the beginning of each model year, each manufacturer
shall establish the percentages required for each carline to be
indicated on the label under this subsection. Those percentages
are applicable to that carline for the entire model year. A manufac-
turer may round those percentages to the nearest 5 percent.
(3) A manufacturer complying with the requirement of para-
graph (1)(B) of this subsection satisfies the disclosure requirement
of section 3(b) of the Automobile Information Disclosure Act (15
U.S.C. 1232(b)).
(c) DEALER REQUIREMENT.—Each dealer engaged in the sale
or distribution of a new passenger motor vehicle manufactured
after September 30, 1994, shall cause to be maintained on that
vehicle the label required to be attached to that vehicle under
subsection (b) of this section.
(d) FORM AND CONTENT OF LABEL.—The Secretary of Transpor-
tation shall prescribe by regulation the form and content of the
label required under subsection (b) of this section and the manner
and location in which the label is attached. The Secretary shall
permit a manufacturer to comply with this section by allowing
the manufacturer to disclose the information required under sub-
section (b)(1) on the label required by section 3 of the Automobile
Information Disclosure Act (15 U.S.C. 1232), on the label required
by section 32908 of this title, or on a separate label that is readily
visible.
(e) REGULATIONS.—In consultation with the Secretaries of Com-
merce and the Treasury, the Secretary of Transportation shall
prescribe regulations necessary to carry out this section, including
regulations establishing a procedure to verify the label information
required under subsection (b)(1) of this section. Those regulations
shall provide the ultimate purchaser of a new passenger motor
vehicle with the best and most understandable information possible
about the foreign content and United States/Canadian origin of
the equipment of the vehicles without imposing costly and unneces-
sary burdens on the manufacturers. The Secretary of Transportation
shall prescribe the regulations promptly to provide adequate lead
H. R. 1758—296
time for each manufacturer to comply with this section. The regula-
tions shall include provisions applicable to outside suppliers and
allied suppliers to require those suppliers to certify whether pas-
senger motor vehicle equipment provided by those suppliers is
of United States origin, of United States/Canadian origin, or of
foreign content and to provide other information the Secretary
of Transportation decides is necessary to allow each manufacturer
to comply reasonably with this section and to rely on that certifi-
cation and information.
(f) PREEMPTION.—(1) When a label content requirement pre-
scribed under this section is in effect, a State or a political subdivi-
sion of a State may not adopt or enforce a law or regulation
related to the content of vehicles covered by a requirement under
this section.
(2) A State or a political subdivision of a State may prescribe
requirements related to the content of passenger motor vehicles
obtained for its own use.
§ 32305. Information and assistance from other departments,
agencies, and instrumentalities
(a) AUTHORITY TO REQUEST.—The Secretary of Transportation
may request information necessary to carry out this chapter from
a department, agency, or instrumentality of the United States
Government. The head of the department, agency, or instrumental-
ity shall provide the information.
(b) DETAILING PERSONNEL.—The head of a department, agency,
or instrumentality may detail, on a reimbursable basis, personnel
to assist the Secretary in carrying out this chapter.
§ 32306. Personnel
(a) GENERAL AUTHORITY.—In carrying out this chapter, the
Secretary of Transportation may—
(1) appoint and fix the pay of employees without regard
to the provisions of title 5 governing appointment in the
competitive service and chapter 51 and subchapter III of chap-
ter 53 of title 5; and
(2) make contracts with persons for research and prepara-
tion of reports.
(b) STATUS
OF ADVISORY COMMITTEE MEMBERS.—A member
of an advisory committee appointed under section 325 of this title
to carry out this chapter is a special United States Government
employee under chapter 11 of title 18.
§ 32307. Investigative powers
(a) GENERAL AUTHORITY.—In carrying out this chapter, the
Secretary of Transportation may—
(1) inspect and copy records of any person at reasonable
times;
(2) order a person to file written reports or answers to
specific questions, including reports or answers under oath;
and
(3) conduct hearings, administer oaths, take testimony,
and require (by subpena or otherwise) the appearance and
testimony of witnesses and the production of records the Sec-
retary considers advisable.
H. R. 1758—297
(b) WITNESS FEES AND MILEAGE.—A witness summoned under
subsection (a) of this section is entitled to the same fee and mileage
the witness would have been paid in a court of the United States.
(c) CIVIL ACTIONS TO ENFORCE.—A civil action to enforce a
subpena or order of the Secretary under subsection (a) of this
section may be brought in the United States district court for
the judicial district in which the proceeding by the Secretary is
conducted. The court may punish a failure to obey an order of
the court to comply with the subpena or order of the Secretary
as a contempt of court.
(d) CONFIDENTIALITY OF INFORMATION.—Information obtained
by the Secretary under this section related to a confidential matter
referred to in section 1905 of title 18 may be disclosed only to
another officer or employee of the United States Government for
use in carrying out this chapter. This subsection does not authorize
information to be withheld from a committee of Congress authorized
to have the information.
§ 32308. General prohibitions, civil penalty, and enforcement
(a) PROHIBITIONS.—A person may not—
(1) fail to provide the Secretary of Transportation with
information requested by the Secretary in carrying out this
chapter; or
(2) fail to comply with applicable regulations prescribed
by the Secretary in carrying out this chapter.
(b) CIVIL PENALTY.—(1) A person that violates subsection (a)
of this section is liable to the United States Government for a
civil penalty of not more than $1,000 for each violation. Each
failure to provide information or comply with a regulation in viola-
tion of subsection (a) is a separate violation. The maximum penalty
under this subsection for a related series of violations is $400,000.
(2) The Secretary may compromise the amount of a civil penalty
imposed under this section.
(3) In determining the amount of a 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.
(4) 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) CIVIL ACTIONS TO ENFORCE.—(1) The Attorney General may
bring a civil action in a United States district court to enjoin
a violation of subsection (a) of this section.
(2) When practicable, the Secretary shall—
(A) notify a person against whom an action under this
subsection is planned;
(B) give the person an opportunity to present that person’s
views; and
(C) give the person a reasonable opportunity to comply.
(3) The failure of the Secretary to comply with paragraph
(2) of this subsection does not prevent a court from granting appro-
priate relief.
(d) VENUE
AND SERVICE.—A civil action under this section
may be brought in the judicial district in which the violation
occurred or the defendant is found, resides, or does business. Process
in the action may be served in any other judicial district in which
H. R. 1758—298
the defendant resides or is found. A subpena for a witness in
the action may be served in any judicial district.
§ 32309. Criminal penalty for labeling violations
(a) DEFINITIONS.—The definitions in section 32304 of this title
apply to this section.
(b) PENALTIES.—A manufacturer of a passenger motor vehicle
distributed in commerce for sale in the United States that willfully
fails to attach the label required under section 32304 of this title
to a new passenger motor vehicle that the manufacturer manufac-
tures or imports, or a dealer that fails to maintain that label
as required under section 32304, is liable to the United States
Government for a civil penalty of not more than $1,000 for each
violation. Each failure to attach or maintain that label for each
vehicle is a separate violation.
CHAPTER 325—BUMPER STANDARDS
Sec.
32501.
Purpose.
32502.
Bumper standards.
32503.
Judicial review of bumper standards.
32504.
Certificates of compliance.
32505.
Information and compliance requirements.
32506.
Prohibited acts.
32507.
Penalties and enforcement.
32508.
Civil actions by owners of passenger motor vehicles.
32509.
Information and assistance from other departments, agencies, and instru-
mentalities.
32510.
Annual report.
32511.
Relationship to other motor vehicle standards.
§ 32501. Purpose
The purpose of this chapter is to reduce economic loss resulting
from damage to passenger motor vehicles involved in motor vehicle
accidents by providing for the maintenance and enforcement of
bumper standards.
§ 32502. Bumper standards
(a) GENERAL REQUIREMENTS AND NONAPPLICATION.—The Sec-
retary of Transportation shall prescribe by regulation bumper stand-
ards for passenger motor vehicles and may prescribe by regulation
bumper standards for passenger motor vehicle equipment manufac-
tured in, or imported into, the United States. A standard does
not apply to a passenger motor vehicle or passenger motor vehicle
equipment—
(1) intended only for export;
(2) labeled for export on the vehicle or equipment and
the outside of any container of the vehicle or equipment; and
(3) exported.
(b) LIMITATIONS.—A standard under this section—
(1) may not conflict with a motor vehicle safety standard
prescribed under chapter 301 of this title;
(2) may not specify a dollar amount for the cost of repairing
damage to a passenger motor vehicle; and
(3) to the greatest practicable extent, may not preclude
the attachment of a detachable hitch.
(c) EXEMPTIONS.—For good cause, the Secretary may exempt
from any part of a standard—
(1) a multipurpose passenger vehicle; or
H. R. 1758—299
(2) a make, model, or class of a passenger motor vehicle
manufactured for a special use, if the standard would interfere
unreasonably with the special use of the vehicle.
(d) COST REDUCTION AND CONSIDERATIONS.—When prescribing
a standard under this section, the Secretary shall design the stand-
ard to obtain the maximum feasible reduction of costs to the public,
considering—
(1) the costs and benefits of carrying out the standard;
(2) the effect of the standard on insurance costs and legal
fees and costs;
(3) savings in consumer time and inconvenience; and
(4) health and safety, including emission standards.
(e) PROCEDURES.—Section 553 of title 5 applies to a standard
prescribed under this section. However, the Secretary shall give
an interested person an opportunity to make oral and written
presentations of information, views, and arguments. A transcript
of each oral presentation shall be kept. Under conditions prescribed
by the Secretary, the Secretary may conduct a hearing to resolve
an issue of fact material to a standard.
(f) EFFECTIVE DATE.—The Secretary shall prescribe an effective
date for a standard under this section. That date may not be
earlier than the date the standard is prescribed nor later than
18 months after the date the standard is prescribed. However,
the Secretary may prescribe a later date when the Secretary sub-
mits to Congress and publishes the reasons for the later date.
A standard only applies to a passenger motor vehicle or passenger
motor vehicle equipment manufactured on or after the effective
date.
(g) RESEARCH.—The Secretary shall conduct research necessary
to carry out this chapter.
§ 32503. Judicial review of bumper standards
(a) FILING
AND VENUE.—A person that may be adversely
affected by a standard prescribed under section 32502 of this title
may apply for review of the standard by filing a petition for review
in the United States Court of Appeals for the District of Columbia
Circuit or in the court of appeals of the United States for the
circuit in which the person resides or has its principal place of
business. The petition must be filed not later than 59 days after
the standard is prescribed.
(b) NOTIFYING SECRETARY.—The clerk of the court shall send
immediately a copy of the petition to the Secretary of Transpor-
tation. The Secretary shall file with the court a record of the
proceeding in which the standard was prescribed.
(c) ADDITIONAL PROCEEDINGS.—(1) On request of the petitioner,
the court may order the Secretary to receive additional evidence
and evidence in rebuttal if the court is satisfied the additional
evidence is material and there were reasonable grounds for not
presenting the evidence in the proceeding before the Secretary.
(2) The Secretary may modify findings of fact or make new
findings because of the additional evidence presented. The Secretary
shall file a modified or new finding, a recommendation to modify
or set aside a standard, and the additional evidence with the
court.
(d) SUPREME COURT REVIEW AND ADDITIONAL REMEDIES.—A
judgment of a court under this section may be reviewed only by
H. R. 1758—300
the Supreme Court under section 1254 of title 28. A remedy under
this section is in addition to any other remedies provided by law.
§ 32504. Certificates of compliance
Under regulations prescribed by the Secretary of Transpor-
tation, a manufacturer or distributor of a passenger motor vehicle
or passenger motor vehicle equipment subject to a standard pre-
scribed under section 32502 of this title shall give the distributor
or dealer at the time of delivery a certificate that the vehicle
or equipment complies with the standard.
§ 32505. Information and compliance requirements
(a) GENERAL
AUTHORITY.—(1) To enable the Secretary of
Transportation to decide whether a manufacturer of passenger
motor vehicles or passenger motor vehicle equipment is complying
with this chapter and standards prescribed under this chapter,
the Secretary may require the manufacturer to—
(A) keep records;
(B) make reports;
(C) provide items and information, including vehicles and
equipment for testing at a negotiated price not more than
the manufacturer’s cost; and
(D) allow an officer or employee designated by the Secretary
to inspect vehicles and relevant records of the manufacturer.
(2) To enforce this chapter, an officer or employee designated
by the Secretary, on presenting appropriate credentials and a writ-
ten notice to the owner, operator, or agent in charge, may inspect
a facility in which passenger motor vehicles or passenger motor
vehicle equipment is manufactured, held for introduction in inter-
state commerce, or held for sale after introduction in interstate
commerce. An inspection shall be conducted at a reasonable time,
in a reasonable way, and with reasonable promptness.
(b) POWERS OF SECRETARY AND CIVIL ACTIONS TO ENFORCE.—
(1) In carrying out this chapter, the Secretary may—
(A) inspect and copy records of any person at reasonable
times;
(B) order a person to file written reports or answers to
specific questions, including reports or answers under oath;
and
(C) conduct hearings, administer oaths, take testimony,
and require (by subpena or otherwise) the appearance and
testimony of witnesses and the production of records the Sec-
retary considers advisable.
(2) A witness summoned under this subsection is entitled to
the same fee and mileage the witness would have been paid in
a court of the United States.
(3) A civil action to enforce a subpena or order of the Secretary
under this subsection may be brought in the United States district
court for the judicial district in which the proceeding by the Sec-
retary was conducted. The court may punish a failure to obey
an order of the court to comply with the subpena or order of
the Secretary as a contempt of court.
(c) 
CONFIDENTIALITY
OF
INFORMATION.—(1) 
Information
obtained by the Secretary under this chapter related to a confiden-
tial matter referred to in section 1905 of title 18 may be disclosed
only—
H. R. 1758—301
(A) to another officer or employee of the United States
Government for use in carrying out this chapter; or
(B) in a proceeding under this chapter.
(2) This subsection does not authorize information to be with-
held from a committee of Congress authorized to have the informa-
tion.
(3) Subject to paragraph (1) of this subsection, the Secretary,
on request, shall make available to the public at cost information
the Secretary submits or receives in carrying out this chapter.
§ 32506. Prohibited acts
(a) GENERAL.—Except as provided in this section, a person
may not—
(1) manufacture for sale, sell, offer for sale, introduce or
deliver for introduction in interstate commerce, or import into
the United States, a passenger motor vehicle or passenger
motor vehicle equipment manufactured on or after the date
an applicable standard under section 32502 of this title takes
effect, unless it conforms to the standard;
(2) fail to comply with an applicable regulation prescribed
by the Secretary of Transportation under this chapter;
(3) fail to keep records, refuse access to or copying of
records, fail to make reports or provide items or information,
or fail or refuse to allow entry or inspection, as required by
this chapter or a regulation prescribed under this chapter;
or
(4) fail to provide the certificate required by section 32504
of this title, or provide a certificate that the person knows,
or in the exercise of reasonable care has reason to know,
is false or misleading in a material respect.
(b) NONAPPLICATION.—Subsection (a)(1) of this section does not
apply to—
(1) the sale, offer for sale, or introduction or delivery for
introduction in interstate commerce of a passenger motor
vehicle or passenger motor vehicle equipment after the first
purchase of the vehicle or equipment in good faith other than
for resale (but this clause does not prohibit a standard from
requiring that a vehicle or equipment be manufactured to com-
ply with the standard over a specified period of operation
or use); or
(2) a person—
(A) establishing that the person had no reason to know,
by exercising reasonable care, that the vehicle or equipment
does not comply with the standard; or
(B) holding, without knowing about a noncompliance
and before that first purchase, a certificate issued under
section 32504 of this title stating that the vehicle or equip-
ment complies with the standard.
(c) IMPORTING NONCOMPLYING VEHICLES AND EQUIPMENT.—(1)
The Secretaries of Transportation and the Treasury may prescribe
joint regulations authorizing a passenger motor vehicle or passenger
motor vehicle equipment not complying with a standard prescribed
under section 32502 of this title to be imported into the United
States subject to conditions (including providing a bond) the Sec-
retaries consider appropriate to ensure that the vehicle or equip-
ment will—
H. R. 1758—302
(A) comply, after importation, with the standards pre-
scribed under section 32502 of this title;
(B) be exported; or
(C) be abandoned to the United States Government.
(2) The Secretaries may prescribe joint regulations that allow
a passenger motor vehicle or passenger motor vehicle equipment
to be imported into the United States after the first purchase
in good faith other than for resale.
(d) LIABILITY UNDER OTHER LAW.—Compliance with a standard
under this chapter does not exempt a person from liability provided
by law.
§ 32507. Penalties and enforcement
(a) CIVIL PENALTY.—(1) A person that violates section 32506(a)
of this title is liable to the United States Government for a civil
penalty of not more than $1,000 for each violation. A separate
violation occurs for each passenger motor vehicle or item of pas-
senger motor vehicle equipment involved in a violation of section
32506(a)(1) or (4) of this title—
(A) that does not comply with a standard prescribed under
section 32502 of this title; or
(B) for which a certificate is not provided, or for which
a false or misleading certificate is provided, under section 32504
of this title.
(2) The maximum civil penalty under this subsection for a
related series of violations is $800,000.
(3) The Secretary of Transportation imposes a civil penalty
under this subsection. The Attorney General or the Secretary, with
the concurrence of the Attorney General, shall bring a civil action
in a United States district court to collect the penalty.
(b) CRIMINAL PENALTY.—A person knowingly and willfully vio-
lating section 32506(a)(1) of this title after receiving a notice of
noncompliance from the Secretary shall be fined under title 18,
imprisoned for not more than one year, or both. If the person
is a corporation, the penalties of this subsection also apply to
a director, officer, or individual agent of the corporation who, with
knowledge of the Secretary’s notice, knowingly and willfully author-
izes, orders, or performs an act that is any part of the violation.
(c) CIVIL ACTIONS TO ENFORCE.—(1) The Secretary or the Attor-
ney General may bring a civil action in a United States district
court to enjoin a violation of this chapter or the sale, offer for
sale, introduction or delivery for introduction in interstate com-
merce, or importation into the United States, of a passenger motor
vehicle or passenger motor vehicle equipment that is found, before
the first purchase in good faith other than for resale, not to comply
with a standard prescribed under section 32502 of this title.
(2) When practicable, the Secretary shall—
(A) notify a person against whom an action under this
subsection is planned;
(B) give the person an opportunity to present that person’s
views; and
(C) except for a knowing and willful violation, give the
person a reasonable opportunity to comply.
(3) The failure of the Secretary to comply with paragraph
(2) of this subsection does not prevent a court from granting appro-
priate relief.
H. R. 1758—303
(d) JURY TRIAL DEMAND.—In a trial for criminal contempt
for violating an injunction or restraining order issued under sub-
section (c) of this section, the violation of which is also a violation
of this chapter, the defendant may demand a jury trial. The defend-
ant shall be tried as provided in rule 42(b) of the Federal Rules
of Criminal Procedure (18 App. U.S.C.).
(e) VENUE.—A civil action under subsection (a) or (c) of this
section may be brought in the judicial district in which the violation
occurred or the defendant is found, resides, or does business. Process
in the action may be served in any other judicial district in which
the defendant resides or is found. A subpena for a witness in
the action may be served in any judicial district.
§ 32508. Civil actions by owners of passenger motor vehicles
When an owner of a passenger motor vehicle sustains damages
as a result of a motor vehicle accident because the vehicle did
not comply with a standard prescribed under section 32502 of
this title, the owner may bring a civil action against the manufac-
turer to recover the damages. The action may be brought in the
United States District Court for the District of Columbia or in
the United States district court for the judicial district in which
the owner resides. The action must be brought not later than
3 years after the date of the accident. The court shall award
costs and a reasonable attorney’s fee to the owner when a judgment
is entered for the owner.
§ 32509. Information and assistance from other departments,
agencies, and instrumentalities
(a) GENERAL AUTHORITY.—The Secretary of Transportation may
request information necessary to carry out this chapter from a
department, agency, or instrumentality of the United States Govern-
ment. The head of the department, agency, or instrumentality shall
provide the information.
(b) DETAILING PERSONNEL.—The head of a department, agency,
or instrumentality may detail, on a reimbursable basis, personnel
to assist the Secretary in carrying out this chapter.
§ 32510. Annual report
Not later than March 31 of each year, the Secretary of
Transportation shall submit to Congress and the President a report
on the progress in carrying out section 32501 of this title. The
report shall include—
(1) a statement of the cost savings resulting from carrying
out this chapter; and
(2) recommendations for legislative or other action the Sec-
retary decides may be appropriate.
§ 32511. Relationship to other motor vehicle standards
(a) PREEMPTION.—Except as provided in this section, a State
or a political subdivision of a State may prescribe or enforce a
bumper standard for a passenger motor vehicle or passenger motor
vehicle equipment only if the standard is identical to a standard
prescribed under section 32502 of this title.
(b) ENFORCEMENT.—This chapter and chapter 301 of this title
do not affect the authority of a State to enforce a bumper standard
about an aspect of performance of a passenger motor vehicle or
passenger motor vehicle equipment not covered by a standard pre-
H. R. 1758—304
scribed under section 32502 of this title if the State bumper stand-
ard—
(1) does not conflict with a standard prescribed under chap-
ter 301 of this title; and
(2) was in effect or prescribed by the State on October
20, 1972.
(c) ADDITIONAL AND HIGHER STANDARDS OF PERFORMANCE.—
The United States Government, a State, or a political subdivision
of a State may prescribe a bumper standard for a passenger motor
vehicle or passenger motor vehicle equipment obtained for its own
use that imposes additional or higher standards of performance
than a standard prescribed under section 32502 of this title.
CHAPTER 327—ODOMETERS
Sec.
32701.
Findings and purposes.
32702.
Definitions.
32703.
Preventing tampering.
32704.
Service, repair, and replacement.
32705.
Disclosure requirements on transfer of motor vehicles.
32706.
Inspections, investigations, and records.
32707.
Administrative warrants.
32708.
Confidentiality of information.
32709.
Penalties and enforcement.
32710.
Civil actions by private persons.
32711.
Relationship to State law.
§ 32701. Findings and purposes
(a) FINDINGS.—Congress finds that—
(1) buyers of motor vehicles rely heavily on the odometer
reading as an index of the condition and value of a vehicle;
(2) buyers are entitled to rely on the odometer reading
as an accurate indication of the mileage of the vehicle;
(3) an accurate indication of the mileage assists a buyer
in deciding on the safety and reliability of the vehicle; and
(4) motor vehicles move in, or affect, interstate and foreign
commerce.
(b) PURPOSES.—The purposes of this chapter are—
(1) to prohibit tampering with motor vehicle odometers;
and
(2) to provide safeguards to protect purchasers in the sale
of motor vehicles with altered or reset odometers.
§ 32702. Definitions
In this chapter—
(1) ‘‘auction company’’ means a person taking possession
of a motor vehicle owned by another to sell at an auction.
(2) ‘‘dealer’’ means a person that sold at least 5 motor
vehicles during the prior 12 months to buyers that in good
faith bought the vehicles other than for resale.
(3) ‘‘distributor’’ means a person that sold at least 5 motor
vehicles during the prior 12 months for resale.
(4) ‘‘leased motor vehicle’’ means a motor vehicle leased
to a person for at least 4 months by a lessor that leased
at least 5 vehicles during the prior 12 months.
(5) ‘‘odometer’’ means an instrument for measuring and
recording the distance a motor vehicle is driven, but does not
include an auxiliary instrument designed to be reset by the
operator of the vehicle to record mileage of a trip.
H. R. 1758—305
(6) ‘‘repair’’ and ‘‘replace’’ mean to restore to a sound work-
ing condition by replacing any part of an odometer or by correct-
ing any inoperative part of an odometer.
(7) ‘‘title’’ means the certificate of title or other document
issued by the State indicating ownership.
(8) ‘‘transfer’’ means to change ownership by sale, gift,
or other means.
§ 32703. Preventing tampering
A person may not—
(1) advertise for sale, sell, use, install, or have installed,
a device that makes an odometer of a motor vehicle register
a mileage different from the mileage the vehicle was driven,
as registered by the odometer within the designed tolerance
of the manufacturer of the odometer;
(2) disconnect, reset, alter, or have disconnected, reset,
or altered, an odometer of a motor vehicle intending to change
the mileage registered by the odometer;
(3) with intent to defraud, operate a motor vehicle on
a public street, road, or highway if the person knows that
the odometer of the vehicle is disconnected or not operating;
or
(4) conspire to violate this section or section 32704 or
32705 of this title.
§ 32704. Service, repair, and replacement
(a) ADJUSTING MILEAGE.—A person may service, repair, or
replace an odometer of a motor vehicle if the mileage registered
by the odometer remains the same as before the service, repair,
or replacement. If the mileage cannot remain the same—
(1) the person shall adjust the odometer to read zero;
and
(2) the owner of the vehicle or agent of the owner shall
attach a written notice to the left door frame of the vehicle
specifying the mileage before the service, repair, or replacement
and the date of the service, repair, or replacement.
(b) REMOVING OR ALTERING NOTICE.—A person may not, with
intent to defraud, remove or alter a notice attached to a motor
vehicle as required by this section.
§ 32705. Disclosure requirements on transfer of motor
vehicles
(a) WRITTEN DISCLOSURE REQUIREMENTS.—(1) Under regula-
tions prescribed by the Secretary of Transportation, a person
transferring ownership of a motor vehicle shall give the transferee
a written disclosure—
(A) of the cumulative mileage registered by the odometer;
or
(B) that the mileage is unknown if the transferor knows
that the mileage registered by the odometer is incorrect.
(2) A person making a written disclosure required by a regula-
tion prescribed under paragraph (1) of this subsection may not
make a false statement in the disclosure.
(3) A person acquiring a motor vehicle for resale may accept
a disclosure under this section only if it is complete.
H. R. 1758—307
(B) Subparagraph (A) of this paragraph does not require a
State to verify, or preclude a State from verifying, the mileage
information contained in the title.
(c) LEASED MOTOR VEHICLES.—(1) For a leased motor vehicle,
the regulations prescribed under subsection (a) of this section shall
require written disclosure about mileage to be made by the lessee
to the lessor when the lessor transfers ownership of that vehicle.
(2) Under those regulations, the lessor shall provide written
notice to the lessee of—
(A) the mileage disclosure requirements of subsection (a)
of this section; and
(B) the penalties for failure to comply with those require-
ments.
(3) The lessor shall retain the disclosures made by a lessee
under paragraph (1) of this subsection for at least 4 years following
the date the lessor transfers the leased motor vehicle.
(4) If the lessor transfers ownership of a leased motor vehicle
without obtaining possession of the vehicle, the lessor, in making
the disclosure required by subsection (a) of this section, may indicate
on the title the mileage disclosed by the lessee under paragraph
(1) of this subsection unless the lessor has reason to believe that
the disclosure by the lessee does not reflect the actual mileage
of the vehicle.
(d) STATE ALTERNATE VEHICLE MILEAGE DISCLOSURE REQUIRE-
MENTS.—The requirements of subsections (b) and (c)(1) of this sec-
tion on the disclosure of motor vehicle mileage when motor vehicles
are transferred or leased apply in a State unless the State has
in effect alternate motor vehicle mileage disclosure requirements
approved by the Secretary. The Secretary shall approve alternate
motor vehicle mileage disclosure requirements submitted by a State
unless the Secretary decides that the requirements are not consist-
ent with the purpose of the disclosure required by subsection (b)
or (c), as the case may be.
(e) AUCTION SALES.—If a motor vehicle is sold at an auction,
the auction company conducting the auction shall maintain the
following records for at least 4 years after the date of the sale:
(1) the name of the most recent owner of the motor vehicle
(except the auction company) and the name of the buyer of
the motor vehicle.
(2) the vehicle identification number required under chap-
ter 301 or 331 of this title.
(3) the odometer reading on the date the auction company
took possession of the motor vehicle.
(f) APPLICATION AND REVISION OF STATE LAW.—(1) Except as
provided in paragraph (2) of this subsection, subsections (b)–(e)
of this section apply to the transfer of a motor vehicle after April
28, 1989.
(2) If a State requests, the Secretary shall assist the State
in revising its laws to comply with subsection (b) of this section.
If a State requires time beyond April 28, 1989, to revise its laws
to achieve compliance, the Secretary, on request of the State, may
grant additional time that the Secretary considers reasonable by
publishing a notice in the Federal Register. The notice shall include
the reasons for granting the additional time. In granting additional
time, the Secretary shall ensure that the State is making reasonable
efforts to achieve compliance.
H. R. 1758—308
§ 32706. Inspections, investigations, and records
(a) AUTHORITY TO INSPECT AND INVESTIGATE.—Subject to sec-
tion 32707 of this title, the Secretary of Transportation may conduct
an inspection or investigation necessary to carry out this chapter
or a regulation prescribed or order issued under this chapter. The
Secretary shall cooperate with State and local officials to the great-
est extent possible in conducting an inspection or investigation.
The Secretary may give the Attorney General information about
a violation of this chapter or a regulation prescribed or order
issued under this chapter.
(b) ENTRY, INSPECTION, AND IMPOUNDMENT.—(1) In carrying
out subsection (a) of this section, an officer or employee designated
by the Secretary, on display of proper credentials and written
notice to the owner, operator, or agent in charge, may—
(A) enter and inspect commercial premises in which a
motor vehicle or motor vehicle equipment is manufactured,
held for shipment or sale, maintained, or repaired;
(B) enter and inspect noncommercial premises in which
the Secretary reasonably believes there is a motor vehicle or
motor vehicle equipment that is an object of a violation of
this chapter;
(C) inspect that motor vehicle or motor vehicle equipment;
and
(D) impound for not more than 72 hours for inspection
a motor vehicle or motor vehicle equipment that the Secretary
reasonably believes is an object of a violation of this chapter.
(2) An inspection or impoundment under this subsection shall
be conducted at a reasonable time, in a reasonable way, and with
reasonable promptness. The written notice may consist of a warrant
issued under section 32707 of this title.
(c) 
REASONABLE
COMPENSATION.—When 
the 
Secretary
impounds for inspection a motor vehicle (except a vehicle subject
to subchapter II of chapter 105 of this title) or motor vehicle
equipment under subsection (b)(1)(D) of this section, the Secretary
shall pay reasonable compensation to the owner of the vehicle
or equipment if the inspection or impoundment results in denial
of use, or reduction in value, of the vehicle or equipment.
(d) RECORDS AND INFORMATION REQUIREMENTS.—(1) To enable
the Secretary to decide whether a dealer or distributor is complying
with this chapter and regulations prescribed and orders issued
under this chapter, the Secretary may require the dealer or distribu-
tor—
(A) to keep records;
(B) to provide information from those records if the Sec-
retary states the purpose for requiring the information and
identifies the information to the fullest extent practicable; and
(C) to allow an officer or employee designated by the Sec-
retary to inspect relevant records of the dealer or distributor.
(2) This subsection and subsection (e)(1)(B) of this section do
not authorize the Secretary to require a dealer or distributor to
provide information on a regular periodic basis.
(e) ADMINISTRATIVE
AUTHORITY
AND
CIVIL
ACTIONS
TO
ENFORCE.—(1) In carrying out this chapter, the Secretary may—
(A) inspect and copy records of any person at reasonable
times;
H. R. 1758—309
(B) order a person to file written reports or answers to
specific questions, including reports or answers under oath;
and
(C) conduct hearings, administer oaths, take testimony,
and require (by subpena or otherwise) the appearance and
testimony of witnesses and the production of records the Sec-
retary considers advisable.
(2) A witness summoned under this subsection is entitled to
the same fee and mileage the witness would have been paid in
a court of the United States.
(3) A civil action to enforce a subpena or order of the Secretary
under this subsection may be brought in the United States district
court for the judicial district in which the proceeding by the Sec-
retary was conducted. The court may punish a failure to obey
an order of the court to comply with the subpena or order of
the Secretary as a contempt of court.
(f) PROHIBITIONS.—A person may not fail to keep records, refuse
access to or copying of records, fail to make reports or provide
information, fail to allow entry or inspection, or fail to permit
impoundment, as required under this section.
§ 32707. Administrative warrants
(a) DEFINITION.—In this section, ‘‘probable cause’’ means a valid
public interest in the effective enforcement of this chapter or a
regulation prescribed under this chapter sufficient to justify the
inspection or impoundment in the circumstances stated in an
application for a warrant under this section.
(b) WARRANT REQUIREMENT AND ISSUANCE.—(1) Except as pro-
vided in paragraph (4) of this subsection, an inspection or impound-
ment under section 32706 of this title may be carried out only
after a warrant is obtained.
(2) A judge of a court of the United States or a State court
of record or a United States magistrate may issue a warrant for
an inspection or impoundment under section 32706 of this title
within the territorial jurisdiction of the court or magistrate. The
warrant must be based on an affidavit that—
(A) establishes probable cause to issue the warrant; and
(B) is sworn to before the judge or magistrate by an officer
or employee who knows the facts alleged in the affidavit.
(3) The judge or magistrate shall issue the warrant when
the judge or magistrate decides there is a reasonable basis for
believing that probable cause exists to issue the warrant. The
warrant must—
(A) identify the premises, property, or motor vehicle to
be inspected and the items or type of property to be impounded;
(B) state the purpose of the inspection, the basis for issuing
the warrant, and the name of the affiant;
(C) direct an individual authorized under section 32706
of this title to inspect the premises, property, or vehicle for
the purpose stated in the warrant and, when appropriate, to
impound the property specified in the warrant;
(D) direct that the warrant be served during the hours
specified in the warrant; and
(E) name the judge or magistrate with whom proof of
service is to be filed.
(4) A warrant under this section is not required when—
H. R. 1758—310
(A) the owner, operator, or agent in charge of the premises
consents;
(B) it is reasonable to believe that the mobility of the
motor vehicle to be inspected makes it impractical to obtain
a warrant;
(C) an application for a warrant cannot be made because
of an emergency;
(D) records are to be inspected and copied under section
32706(e)(1)(A) of this title; or
(E) a warrant is not constitutionally required.
(c) SERVICE AND IMPOUNDMENT OF PROPERTY.—(1) A warrant
issued under this section must be served and proof of service
filed not later than 10 days after its issuance date. The judge
or magistrate may allow additional time in the warrant if the
Secretary of Transportation demonstrates a need for additional
time. Proof of service must be filed promptly with a written inven-
tory of the property impounded under the warrant. The inventory
shall be made in the presence of the individual serving the warrant
and the individual from whose possession or premises the property
was impounded, or if that individual is not present, a credible
individual except the individual making the inventory. The individ-
ual serving the warrant shall verify the inventory. On request,
the judge or magistrate shall send a copy of the inventory to
the individual from whose possession or premises the property
was impounded and to the applicant for the warrant.
(2) When property is impounded under a warrant, the individ-
ual serving the warrant shall—
(A) give the person from whose possession or premises
the property was impounded a copy of the warrant and a
receipt for the property; or
(B) leave the copy and receipt at the place from which
the property was impounded.
(3) The judge or magistrate shall file the warrant, proof of
service, and all documents filed about the warrant with the clerk
of the United States district court for the judicial district in which
the inspection is made.
§ 32708. Confidentiality of information
(a) GENERAL.—Information obtained by the Secretary of
Transportation under this chapter related to a confidential matter
referred to in section 1905 of title 18 may be disclosed only—
(1) to another officer or employee of the United States
Government for use in carrying out this chapter; or
(2) in a proceeding under this chapter.
(b) WITHHOLDING INFORMATION FROM CONGRESS.—This section
does not authorize information to be withheld from a committee
of Congress authorized to have the information.
§ 32709. Penalties and enforcement
(a) CIVIL PENALTY.—(1) A person that violates this chapter
or a regulation prescribed or order issued under this chapter is
liable to the United States Government for a civil penalty of not
more than $2,000 for each violation. A separate violation occurs
for each motor vehicle or device involved in the violation. The
maximum penalty under this subsection for a related series of
violations is $100,000.
H. R. 1758—311
(2) The Secretary of Transportation shall impose a civil penalty
under this subsection. The Attorney General shall bring a civil
action to collect the penalty. Before referring a penalty claim to
the Attorney General, the Secretary may compromise the amount
of the penalty. Before compromising the amount of the penalty,
the Secretary shall give the person charged with a violation an
opportunity to establish that the violation did not occur.
(3) In determining the amount of a civil penalty under this
subsection, the Secretary shall consider—
(A) the nature, circumstances, extent, and gravity of the
violation;
(B) with respect to the violator, the degree of culpability,
any history of prior violations, the ability to pay, and any
effect on the ability to continue doing business; and
(C) other matters that justice requires.
(b) CRIMINAL PENALTY.—A person that knowingly and willfully
violates this chapter or a regulation prescribed or order issued
under this chapter shall be fined under title 18, imprisoned for
not more than 3 years, or both. If the person is a corporation,
the penalties of this subsection also apply to a director, officer,
or individual agent of a corporation who knowingly and willfully
authorizes, orders, or performs an act in violation of this chapter
or a regulation prescribed or order issued under this chapter without
regard to penalties imposed on the corporation.
(c) CIVIL ACTIONS BY ATTORNEY GENERAL.—The Attorney Gen-
eral may bring a civil action to enjoin a violation of this chapter
or a regulation prescribed or order issued under this chapter. The
action may be brought in the United States district court for the
judicial district in which the violation occurred or the defendant
is found, resides, or does business. Process in the action may be
served in any other judicial district in which the defendant resides
or is found. A subpena for a witness in the action may be served
in any judicial district.
(d) CIVIL ACTIONS
BY STATES.—(1) When a person violates
this chapter or a regulation prescribed or order issued under this
chapter, the chief law enforcement officer of the State in which
the violation occurs may bring a civil action—
(A) to enjoin the violation; or
(B) to recover amounts for which the person is liable under
section 32710 of this title for each person on whose behalf
the action is brought.
(2) An action under this subsection may be brought in an
appropriate United States district court or in a State court of
competent jurisdiction. The action must be brought not later than
2 years after the claim accrues.
§ 32710. Civil actions by private persons
(a) VIOLATION AND AMOUNT OF DAMAGES.—A person that vio-
lates this chapter or a regulation prescribed or order issued under
this chapter, with intent to defraud, is liable for 3 times the actual
damages or $1,500, whichever is greater.
(b) CIVIL ACTIONS.—A person may bring a civil action to enforce
a claim under this section in an appropriate United States district
court or in another court of competent jurisdiction. The action
must be brought not later than 2 years after the claim accrues.
The court shall award costs and a reasonable attorney’s fee to
the person when a judgment is entered for that person.
H. R. 1758—312
§ 32711. Relationship to State law
Except to the extent that State law is inconsistent with this
chapter, this chapter does not—
(1) affect a State law on disconnecting, altering, or tamper-
ing with an odometer with intent to defraud; or
(2) exempt a person from complying with that law.
CHAPTER 329—AUTOMOBILE FUEL ECONOMY
Sec.
32901.
Definitions.
32902.
Average fuel economy standards.
32903.
Credits for exceeding average fuel economy standards.
32904.
Calculation of average fuel economy.
32905.
Manufacturing incentives for alternative fuel automobiles.
32906.
Maximum fuel economy increase for alternative fuel automobiles.
32907.
Reports and tests of manufacturers.
32908.
Fuel economy information.
32909.
Judicial review of regulations.
32910.
Administrative.
32911.
Compliance.
32912.
Civil penalties.
32913.
Compromising and remitting civil penalties.
32914.
Collecting civil penalties.
32915.
Appealing civil penalties.
32916.
Reports to Congress.
32917.
Standards for executive agency automobiles.
32918.
Preemption.
§ 32901. Definitions
(a) GENERAL.—In this chapter—
(1) ‘‘alternative fuel’’ means—
(A) methanol;
(B) denatured ethanol;
(C) other alcohols;
(D) except as provided in subsection (b) of this section,
a mixture containing at least 85 percent of methanol, dena-
tured ethanol, and other alcohols by volume with gasoline
or other fuels;
(E) natural gas;
(F) liquefied petroleum gas;
(G) hydrogen;
(H) coal derived liquid fuels;
(I) fuels (except alcohol) derived from biological mate-
rials;
(J) electricity (including electricity from solar energy);
and
(K) any other fuel the Secretary of Transportation pre-
scribes by regulation that is not substantially petroleum
and that would yield substantial energy security and
environmental benefits.
(2) ‘‘alternative fueled automobile’’ means an automobile
that is a—
(A) dedicated automobile; or
(B) dual fueled automobile.
(3) except as provided in section 32908 of this title, ‘‘auto-
mobile’’ means a 4-wheeled vehicle that is propelled by fuel,
or by alternative fuel, manufactured primarily for use on public
streets, roads, and highways (except a vehicle operated only
on a rail line), and rated at—
(A) not more than 6,000 pounds gross vehicle weight;
or