changed shall have any effect on a motor carrier’s overall 
safety rating or safety status measurement system score, 
as determined by the Federal Motor Carrier Safety Ad-
ministration, or on a motor carrier’s agent’s driving record 
unless such violation was proximately caused by the motor 
carrier’s or motor carrier’s agent’s negligence or willful 
misconduct. 
‘‘(d) PROCEDURE
FOR RECORDS CORRECTIONS.—
The Secretary of Transportation shall establish, within 6 
months of the date of enactment of this section, an expe-
dited procedure to correct records or reports of violations 
that should not have impacted a motor carrier or a motor 
carrier agent under subsection (c).’’. 
SEC. 7. AUTHORITY TO INSPECT. 
Chapter 59 of title 49, United States Code, is further 
amended by adding at the end the following: 
‘‘§ 5913. Authority to inspect 
‘‘(a) The Secretary of Transportation is authorized 
to enter into the facility of an equipment controller to in-
spect and determine if equipment intended to be inter-
changed for use on a public highway complies with all ap-
plicable Federal Motor Carrier Safety Regulations. 
‘‘(b) The Secretary shall establish and implement 
with appropriate staffing an inspection and audit program 
at facilities of equipment controllers to determine the com-
pliance of equipment intended to be interchanged for use 
on a public highway with the Federal Motor Carrier Safety 
Regulations. Inspection of equipment and the equipment’s 
corresponding maintenance records shall take place no less 
than once every 3 months. 
‘‘(c) Equipment that fails to comply with the Federal 
Motor Carrier Safety Regulations during the inspection in 
subsection (b) shall be placed out of service and shall not 
be used on a public highway until such time as repairs 
have been completed. Repairs of equipment placed out of 
service shall be documented in the equipment’s cor-
responding maintenance records. 
‘‘(d) The Secretary may establish fines against equip-
ment controllers for violations of section 5911.’’. 
SEC. 8. PENALTIES FOR RETALIATION. 
Chapter 59 of title 49, United States Code, is further 
amended by adding at the end the following: 
‘‘§ 5914. Penalties for retaliation 
‘‘(a) An equipment controller shall not take any ac-
tion to threaten, coerce, discipline, discriminate, or other-
wise retaliate against a motor carrier or motor carrier 
agent who requests maintenance or repair of equipment 
intended for interchange in order to comply with the Fed-
eral Motor Carrier Safety Regulations.
‘‘(b) For purposes of this section, ‘retaliation’ shall 
include, but not be limited to, failing to provide compliant 
equipment within 60 minutes from the time an agent for 
a motor carrier that has been requested to pick up equip-
ment arrives to pick up such equipment. 
‘‘(c) An equipment controller who violates subsection 
(a) shall be liable to the United States Government for 
a civil penalty of up to $10,000 for each violation.’’. 
SEC. 9. DELEGATION OF MAINTENANCE RESPONSIBILITY. 
Chapter 59 of title 49, United States Code, is further 
amended by adding at the end the following: 
‘‘§ 5915. Maintenance responsibility 
‘‘An equipment controller is prohibited from dele-
gating its responsibility to systematically maintain and re-
pair equipment intended for interchange to a motor car-
rier or motor carrier agent in an equipment interchange 
agreement.’’. 
SEC. 10. COMPATIBILITY OF STATE LAWS. 
(a) IN GENERAL.—Chapter 59 of title 49, United 
States Code, is further amended by adding at the end the 
following: 
‘‘§ 5916. Compatibility of State laws 
‘‘(a) Except as provided in subsection (b) and unless 
authorized by another law of the United States, a law, 
regulation, order, or other requirement of a State, political
subdivision of a State, or Indian tribe is preempted if com-
plying with a requirement of the State, political subdivi-
sion, or tribe and a requirement of this chapter or a regu-
lation prescribed under this chapter is not possible. 
‘‘(b) A law, regulation, order, or other requirement 
of a State, political subdivision of a State, or Indian tribe 
shall remain in effect if compatible with this chapter or 
any regulations prescribed under this chapter but more 
stringent.’’. 
(b) CONFORMING AMENDMENT.—The analysis for 
such chapter is amended by adding at the end the fol-
lowing:
‘‘5910. Jurisdiction over equipment controller. 
‘‘5911. Equipment inspection, repair, and maintenance. 
‘‘5912. Compliance with safety regulations. 
‘‘5913. Authority to inspect. 
‘‘5914. Penalties for retaliation. 
‘‘5915. Maintenance responsibility. 
‘‘5916. Compatibility of State laws.’’.
SEC. 11. IMPLEMENTING REGULATIONS. 
(a) FEDERAL
REGULATIONS.—The Secretary of 
Transportation, after notice and opportunity for comment, 
shall issue regulations, as appropriate, implementing the 
provisions of this Act. The regulations shall be issued as 
part of the Federal Motor Carrier Safety Regulations. The 
implementing regulations shall include provisions to—
(1) identify controllers of equipment inter-
changed or intended for interchange;
(2) match such equipment readily to its con-
troller through a unique identifying number; 
(3) ensure that each equipment controller main-
tains a system of maintenance and repair records; 
(4) evaluate equipment controllers’ compliance 
with the Federal Motor Carrier Safety Regulations; 
(5) prohibit equipment controllers who fail to 
attain satisfactory compliance with such regulations 
from authorizing the placement of equipment on the 
public highways; 
(6) consider the effect that adequate mainte-
nance facilities may have on the resulting safe condi-
tion of equipment; 
(7) provide for a process by which motor car-
riers and agents may anonymously petition the Fed-
eral Motor Carrier Safety Administration to under-
take an investigation of a noncompliant equipment 
controller; 
(8) establish administrative procedures to re-
solve disputes arising under this Act, including the 
amendments made by this Act; and 
(9) establish the inspection and audit program 
5913(b) of title 49, United States Code. 
(b) DEADLINES.—The regulations required under 
subsection (a) shall be developed pursuant to a rulemaking
proceeding initiated within 120 days after the date of en-
actment of this Act and shall be issued not later than one 
year after such date of enactment. Effective on the date 
of enactment of this Act, and until such time as final regu-
lations are issued, no motor carrier or motor carrier agent 
may be issued a citation for violations on equipment inter-
changed (as defined in section 5901 of title 49, United 
States Code) to them except by the provisions of this Act. 
SEC. 12. AUTHORIZATION OF APPROPRIATIONS. 
There is authorized to be appropriated $7,000,000 
for each of fiscal years 2004, 2005, 2006, 2007, and 2008 
to the Federal Motor Carrier Safety Administration for 
the establishment and implementation of the inspection 
program under section 5913 of title 49, United States 
Code. 
SEC. 13. EFFECTIVE DATE. 
Sections 3, 4, 5, 6, 7, 8, 9, and 10 of this Act shall 
be effective 30 days after the date of enactment of this 
Act.
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