1141 
† HR 4348 EAS 
SEC. 32502. OUT OF SERVICE PENALTY FOR DENIAL OF AC-
CESS TO RECORDS. 
Section 521(b)(2)(E) is amended— 
(1) by inserting after ‘‘$10,000.’’ the following: 
‘‘In the case of a motor carrier, the Secretary may 
also place the violator’s motor carrier operations out 
of service.’’; and 
(2) by striking ‘‘such penalty’’ after ‘‘It shall be 
a defense to’’ and inserting ‘‘a penalty’’. 
SEC. 32503. PENALTIES FOR VIOLATION OF OPERATION OUT 
OF SERVICE ORDERS. 
Section 521(b)(2) is amended by adding at the end the 
following: 
‘‘(F) PENALTY FOR VIOLATIONS RELATING 
TO OUT OF SERVICE ORDERS.—A motor carrier 
or employer (as defined in section 31132) that 
operates a commercial motor vehicle in commerce 
in violation of a prohibition on transportation 
under section 31144(c) of this title or an immi-
nent hazard out of service order issued under 
subsection (b)(5) of this section or section 
5121(d) of this title shall be liable for a civil 
penalty not to exceed $25,000.’’.
1142 
† HR 4348 EAS 
SEC. 32504. MINIMUM PROHIBITION ON OPERATION FOR 
UNFIT CARRIERS. 
(a) IN GENERAL.—Section 31144(c)(1) is amended by 
inserting ‘‘, and such period shall be for not less than 10 
days’’ after ‘‘operator is fit’’. 
(b) OWNERS
OR OPERATORS TRANSPORTING PAS-
SENGERS.—Section 31144(c)(2) is amended by inserting ‘‘, 
and such period shall be for not less than 10 days’’ after 
‘‘operator is fit’’. 
(c) OWNERS
OR OPERATORS TRANSPORTING HAZ-
ARDOUS MATERIAL.—Section 31144(c)(3) is amended by 
inserting before the period at the end of the first sentence 
the following: ‘‘, and such period shall be for not less than 
10 days’’. 
SEC. 32505. MINIMUM OUT OF SERVICE PENALTIES. 
Section 521(b)(7) is amended by adding at the end the 
following: 
‘‘The penalties may include a minimum duration for 
any out of service period, not to exceed 90 days.’’. 
SEC. 32506. IMPOUNDMENT AND IMMOBILIZATION OF COM-
MERCIAL MOTOR VEHICLES FOR IMMINENT 
HAZARD. 
Section 521(b) is amended by adding at the end the 
following: 
‘‘(15) IMPOUNDMENT
OF
COMMERCIAL
MOTOR 
VEHICLES.—
1143 
† HR 4348 EAS 
‘‘(A) ENFORCEMENT OF IMMINENT HAZARD 
OUT-OF-SERVICE ORDERS.— 
‘‘(i) The Secretary, or an authorized 
State official carrying out motor carrier 
safety enforcement activities under section 
31102, may enforce an imminent hazard 
out-of-service order issued under chapters 5, 
51, 131 through 149, 311, 313, or 315 of 
this title, or a regulation promulgated there-
under, by towing and impounding a com-
mercial motor vehicle until the order is re-
scinded. 
‘‘(ii) Enforcement shall not unreason-
ably interfere with the ability of a shipper, 
carrier, broker, or other party to arrange 
for the alternative transportation of any 
cargo or passenger being transported at the 
time the commercial motor vehicle is immo-
bilized. In the case of a commercial motor 
vehicle transporting passengers, the Sec-
retary or authorized State official shall pro-
vide reasonable, temporary, and secure shel-
ter and accommodations for passengers in 
transit.
1144 
† HR 4348 EAS 
‘‘(iii) The Secretary’s designee or an 
authorized State official carrying out motor 
carrier safety enforcement activities under 
section 31102, shall immediately notify the 
owner of a commercial motor vehicle of the 
impoundment and the opportunity for re-
view of the impoundment. A review shall be 
provided in accordance with section 554 of 
title 5, except that the review shall occur not 
later than 10 days after the impoundment. 
‘‘(B) ISSUANCE
OF
REGULATIONS.—The 
Secretary shall promulgate regulations on the 
use of impoundment or immobilization of com-
mercial motor vehicles as a means of enforcing 
additional out-of-service orders issued under 
chapters 5, 51, 131 through 149, 311, 313, or 
315 of this title, or a regulation promulgated 
thereunder. Regulations promulgated under this 
subparagraph shall include consideration of pub-
lic safety, the protection of passengers and cargo, 
inconvenience to passengers, and the security of 
the commercial motor vehicle. 
‘‘(C) DEFINITION.—In this paragraph, the 
term ‘impoundment’ or ’impounding’ means the 
seizing and taking into custody of a commercial
1150 
† HR 4348 EAS 
‘‘(3) a person participating with a carrier or 
broker in a violation may be joined in the civil action 
without regard to the residence of the person.’’. 
(b) CONFORMING AMENDMENT.—The analysis of chap-
ter 311 is amended by inserting after the item relating to 
section 31153 the following: 
‘‘31154. Enforcement of safety laws and regulations.’’. 
SEC. 32513. DISCLOSURE TO STATE AND LOCAL LAW EN-
FORCEMENT AGENCIES. 
Section 31106(e) is amended— 
(1) by redesignating subsection (e) as subsection 
(e)(1); and 
(2) by inserting at the end the following: 
‘‘(2) IN GENERAL.—Notwithstanding any prohi-
bition on disclosure of information in section 
31105(h) or 31143(b) of this title or section 552a of 
title 5, the Secretary may disclose information main-
tained by the Secretary pursuant to chapters 51, 135, 
311, or 313 of this title to appropriate personnel of 
a State agency or instrumentality authorized to carry 
out State commercial motor vehicle safety activities 
and commercial driver’s license laws, or appropriate 
personnel of a local law enforcement agency, in ac-
cordance with standards, conditions, and procedures 
as determined by the Secretary. Disclosure under this 
section shall not operate as a waiver by the Secretary