281
of the State receives any information specified in subsection (b)(1) of
this section that is the subject of the report.
(d) EVENTS OCCURRING BEFORE PARTICIPATION.—This section does not
require a State to report information about an event that occurs before the
2-year period before the State becomes a participating State.
§ 30305. Access to Register information
(a) REFERRALS OF INFORMATION REQUESTS.—(1) To carry out duties
related to driver licensing, driver improvement, or transportation safety, the
chief driver licensing official of a participating State may request the Sec-
retary of Transportation to refer, electronically or by United States mail,
a request for information about the motor vehicle driving record of an indi-
vidual to the chief driver licensing official of a State of record.
(2) The Secretary of Transportation shall relay, electronically or by Unit-
ed States mail, information received from the chief driver licensing official
of a State of record in response to a request under paragraph (1) of this
subsection to the chief driver licensing official of the participating State re-
questing the information. However, the Secretary may refuse to relay infor-
mation to the chief driver licensing official of a participating State that does
not comply with section 30304 of this title.
(b) REQUESTS TO OBTAIN INFORMATION.—(1) The Chairman of the Na-
tional Transportation Safety Board and the Administrator of the Federal
Highway Administration may request the chief driver licensing official of a
State to obtain information under subsection (a) of this section about an
individual who is the subject of an accident investigation conducted by the
Board or the Administrator. The Chairman and the Administrator may re-
ceive the information.
(2) An individual who is employed, or is seeking employment, as a driver
of a motor vehicle may request the chief driver licensing official of the State
in which the individual is employed or seeks employment to provide informa-
tion about the individual under subsection (a) of this section to the individ-
ual’s employer or prospective employer. An employer or prospective em-
ployer may receive the information and shall make the information available
to the individual. Information may not be obtained from the National Driver
Register under this paragraph if the information was entered in the Reg-
ister more than 3 years before the request.
(3) An individual who has received, or is applying for, an airman’s certifi-
cate may request the chief driver licensing official of a State to provide in-
formation about the individual under subsection (a) of this section to the
Administrator of the Federal Aviation Administration. The Administrator
may receive the information and shall make the information available to the
individual for review and written comment. The Administrator may use the
282
information to verify information required to be reported to the Adminis-
trator by an airman applying for an airman medical certificate and to evalu-
ate whether the airman meets the minimum standards prescribed by the Ad-
ministrator to be issued an airman medical certificate. The Administrator
may not otherwise divulge or use the information. Information may not be
obtained from the Register under this paragraph if the information was en-
tered in the Register more than 3 years before the request, unless the infor-
mation is about a revocation or suspension still in effect on the date of the
request.
(4) An individual who is employed, or is seeking employment, by a rail
carrier as an operator of a locomotive may request the chief driver licensing
official of a State to provide information about the individual under sub-
section (a) of this section to the individual’s employer or prospective em-
ployer or to the Secretary of Transportation. Information may not be ob-
tained from the Register under this paragraph if the information was en-
tered in the Register more than 3 years before the request, unless the infor-
mation is about a revocation or suspension still in effect on the date of the
request.
(5) An individual who holds, or is applying for, a license or certificate
of registry under section 7101 of title 46, or a merchant mariner’s docu-
ment under section 7302 of title 46, may request the chief driver licensing
official of a State to provide information about the individual under sub-
section (a) of this section to the Secretary of the department in which the
Coast Guard is operating. The Secretary may receive the information and
shall make the information available to the individual for review and written
comment before denying, suspending, or revoking the license, certificate, or
document of the individual based on the information and before using the
information in an action taken under chapter 77 of title 46. The Secretary
may not otherwise divulge or use the information, except for purposes of
section 7101, 7302, or 7703 of title 46. Information may not be obtained
from the Register under this paragraph if the information was entered in
the Register more than 3 years before the request, unless the information
is about a revocation or suspension still in effect on the date of the request.
(6) An individual may request the chief driver licensing official of a State
to obtain information about the individual under subsection (a) of this sec-
tion—
(A) to learn whether information about the individual is being pro-
vided;
(B) to verify the accuracy of the information; or
(C) to obtain a certified copy of the information.
283
(7) A request under this subsection shall be made in the form and way
the Secretary of Transportation prescribes by regulation.
(c) RELATIONSHIP TO OTHER LAWS.—A request for, or receipt of, infor-
mation from the Register is subject to sections 552 and 552a of title 5, and
other applicable laws of the United States or a State, except that—
(1) the Secretary of Transportation may not relay or otherwise pro-
vide information specified in section 30304(b)(1)(A) or (C) of this title
to a person not authorized by this section to receive the information;
(2) a request for, or receipt of, information by a chief driver licens-
ing official, or by a person authorized by subsection (b) of this section
to request and receive the information, is deemed to be a routine use
under section 552a(b) of title 5; and
(3) receipt of information by a person authorized by this section to
receive the information is deemed to be a disclosure under section
552a(c) of title 5, except that the Secretary of Transportation is not
required to retain the accounting made under section 552a(c)(1) for
more than 7 years after the disclosure.
(d) AVAILABILITY OF INFORMATION PROVIDED UNDER PRIOR LAW.—In-
formation provided by a State under the Act of July 14, 1960 (Public Law
86–660, 74 Stat. 526), as restated by section 401 of the National Traffic
and Motor Vehicle Safety Act of 1966 (Public Law 89–563, 80 Stat. 730),
and under this chapter, shall be available under this section during the tran-
sition from the register maintained under that Act to the Register main-
tained under this chapter.
§ 30306. National Driver Register Advisory Committee
(a) ORGANIZATION.—There is a National Driver Register Advisory Com-
mittee.
(b) DUTIES.—The Committee shall advise the Secretary of Transpor-
tation on—
(1) the efficiency of the maintenance and operation of the National
Driver Register; and
(2) the effectiveness of the Register in assisting States in exchanging
information about motor vehicle driving records.
(c) COMPOSITION AND APPOINTMENT.—The Committee is composed of
15 members appointed by the Secretary as follows:
(1) 3 members appointed from among individuals who are specially
qualified to serve on the Committee because of their education, train-
ing, or experience, and who are not officers or employees of the United
States Government or a State.
284
(2) 3 members appointed from among groups outside the Govern-
ment that represent the interests of bus and trucking organizations,
enforcement officials, labor, or safety organizations.
(3) 9 members, geographically representative of the participating
States, appointed from among individuals who are chief driver licensing
officials of participating States.
(d) TERMS.—(1) Except as provided in paragraph (2) of this subsection,
the term of each member is 3 years.
(2) A vacancy on the Committee shall be filled in the same way as an
original appointment. A member appointed to fill a vacancy serves for the
remainder of the term of that member’s predecessor. After a member’s term
ends, the member may continue to serve until a successor takes office.
(e) PAY AND EXPENSES.—Members of the Committee serve without pay.
However, the Secretary may reimburse a member for reasonable travel ex-
penses incurred by the member in attending meetings of the Committee.
(f) MEETINGS, CHAIRMAN, VICE CHAIRMAN, AND QUORUM.—(1) The
Committee shall meet at least once a year.
(2) The Committee shall elect a Chairman and a Vice Chairman from
among its members.
(3) Eight members are a quorum.
(4) The Committee shall meet at the call of the Chairman or a majority
of the members.
(g) PERSONNEL AND SERVICES.—The Secretary may provide the Com-
mittee with personnel, penalty mail privileges, and similar services the Sec-
retary considers necessary to assist the Committee in carrying out its duties
and powers under this section.
(h) REPORTS.—At least once a year, the Committee shall submit to the
Secretary a report on the matters specified in subsection (b) of this section.
The report shall include any recommendations of the Committee for changes
in the Register.
(i) RELATIONSHIP TO OTHER LAWS.—The Committee is exempt from
sections 10(e) and (f) and 14 of the Federal Advisory Committee Act (5
App. U.S.C.).
§ 30307. Criminal penalties
(a) GENERAL PENALTY.—A person (except an individual described in sec-
tion 30305(b)(6) of this title) shall be fined under title 18, imprisoned for
not more than one year, or both, if—
(1) the person receives under section 30305 of this title information
specified in section 30304(b)(1)(A) or (C) of this title;
(2) disclosure of the information is not authorized by section 30305
of this title; and
285
(3) the person willfully discloses the information knowing that disclo-
sure is not authorized.
(b) INFORMATION PENALTY.—A person knowingly and willfully request-
ing, or under false pretenses obtaining, information specified in section
30304(b)(1)(A) or (C) of this title from a person receiving the information
under section 30305 of this title shall be fined under title 18, imprisoned
for not more than one year, or both.
§ 30308. Authorization of appropriations
(a) GENERAL.—The Secretary of Transportation shall make available
from amounts made available to carry out section 402 of title 23
$4,000,000 for each of the fiscal years ending September 30, 1993, and
September 30, 1994, to carry out this chapter.
(b) AVAILABILITY OF AMOUNTS.—Amounts appropriated under this sec-
tion remain available until expended.
CHAPTER 305—NATIONAL AUTOMOBILE TITLE
INFORMATION SYSTEM
Sec.
30501.
Definitions.
30502.
National Automobile Title Information System.
30503.
State participation.
30504.
Reporting requirements.
30505.
Penalties and enforcement.
§ 30501. Definitions
In this chapter—
(1) ‘‘automobile’’ has the same meaning given that term in section
32901(a) of this title.
(2) ‘‘certificate of title’’ means a document issued by a State showing
ownership of an automobile.
(3) ‘‘insurance carrier’’ means an individual or entity engaged in the
business of underwriting automobile insurance.
(4) ‘‘junk automobile’’ means an automobile that—
(A) is incapable of operating on public streets, roads, and high-
ways; and
(B) has no value except as a source of parts or scrap.
(5) ‘‘junk yard’’ means an individual or entity engaged in the busi-
ness of acquiring or owning junk automobiles for—
(A) resale in their entirety or as spare parts; or
(B) rebuilding, restoration, or crushing.
(6) ‘‘operator’’ means the individual or entity authorized or des-
ignated as the operator of the National Automobile Title Information
System under section 30502(b) of this title, or the Secretary of Trans-
portation, if there is no authorized or designated individual or entity.
286
(7) ‘‘salvage automobile’’ means an automobile that is damaged by
collision, fire, flood, accident, trespass, or other event, to the extent
that its fair salvage value plus the cost of repairing the automobile for
legal operation on public streets, roads, and highways would be more
than the fair market value of the automobile immediately before the
event that caused the damage.
(8) ‘‘salvage yard’’ means an individual or entity engaged in the
business of acquiring or owning salvage automobiles for—
(A) resale in their entirety or as spare parts; or
(B) rebuilding, restoration, or crushing.
(9) ‘‘State’’ means a State of the United States or the District of
Columbia.
§ 30502. National Automobile Title Information System
(a) ESTABLISHMENT
OR DESIGNATION.—(1) In cooperation with the
States and not later than January 31, 1996, the Secretary of Transpor-
tation shall establish a National Automobile Title Information System that
will provide individuals and entities referred to in subsection (e) of this sec-
tion with instant and reliable access to information maintained by the
States related to automobile titling described in subsection (d) of this sec-
tion. However, if the Secretary decides that the existing information system
meets the requirements of subsections (d) and (e) of this section and will
permit the Secretary to carry out this chapter as early as possible, the Sec-
retary, in consultation with the Attorney General, may designate an existing
information system as the National Automobile Title Information System.
(2) In cooperation with the Attorney General and the States, the Sec-
retary shall ascertain the extent to which title and related information to
be included in the system established under paragraph (1) of this subsection
will be adequate, timely, reliable, uniform, and capable of assisting in efforts
to prevent the introduction or reintroduction of stolen vehicles and parts
into interstate commerce.
(b) OPERATION.—The Secretary may authorize the operation of the Sys-
tem established or designated under subsection (a)(1) of this section by
agreement with one or more States, or by designating, after consulting with
the States, a third party that represents the interests of the States.
(c) USER FEES.—Operation of the System established or designated
under subsection (a)(1) of this section shall be paid for by user fees and
should be self-sufficient and not be dependent on amounts from the United
States Government. The amount of fees the operator collects and keeps
under this subsection subject to annual appropriation laws, excluding fees
the operator collects and pays to an entity providing information to the op-
erator, may be not more than the costs of operating the System.
287
(d) INFORMATION REQUIREMENTS.—The System established or des-
ignated under subsection (a)(1) of this section shall permit a user of the
System at least to establish instantly and reliably—
(1) the validity and status of a document purporting to be a certifi-
cate of title;
(2) whether an automobile bearing a known vehicle identification
number is titled in a particular State;
(3) whether an automobile known to be titled in a particular State
is or has been a junk automobile or a salvage automobile;
(4) for an automobile known to be titled in a particular State, the
odometer mileage disclosure required under section 32705 of this title
for that automobile on the date the certificate of title for that auto-
mobile was issued and any later mileage information, if noted by the
State; and
(5) whether an automobile bearing a known vehicle identification
number has been reported as a junk automobile or a salvage auto-
mobile under section 30504 of this title.
(e) AVAILABILITY OF INFORMATION.—(1) The operator shall make avail-
able—
(A) to a participating State on request of that State, information in
the System about any automobile;
(B) to a Government, State, or local law enforcement official on re-
quest of that official, information in the System about a particular
automobile, junk yard, or salvage yard;
(C) to a prospective purchaser of an automobile on request of that
purchaser, including an auction company or entity engaged in the busi-
ness of purchasing used automobiles, information in the System about
that automobile; and
(D) to a prospective or current insurer of an automobile on request
of that insurer, information in the System about that automobile.
(2) The operator may release only the information reasonably necessary
to satisfy the requirements of paragraph (1) of this subsection. The opera-
tor may not collect an individual’s social security account number or permit
users of the System to obtain an individual’s address or social security ac-
count number.
§ 30503. State participation
(a) STATE INFORMATION.—Each State shall make titling information
maintained by that State available for use in operating the National Auto-
mobile Title Information System established or designated under section
30502 of this title.
288
(b) VERIFICATION CHECKS.—Each State shall establish a practice of per-
forming an instant title verification check before issuing a certificate of title
to an individual or entity claiming to have purchased an automobile from
an individual or entity in another State. The check shall consist of—
(1) communicating to the operator—
(A) the vehicle identification number of the automobile for
which the certificate of title is sought;
(B) the name of the State that issued the most recent certificate
of title for the automobile; and
(C) the name of the individual or entity to whom the certificate
of title was issued; and
(2) giving the operator an opportunity to communicate to the partici-
pating State the results of a search of the information.
(c) GRANTS TO STATES.—(1) In cooperation with the States and not
later than January 1, 1994, the Secretary of Transportation shall—
(A) conduct a review of systems used by the States to compile and
maintain information about the titling of automobiles; and
(B) determine for each State the cost of making titling information
maintained by that State available to the operator to meet the require-
ments of section 30502(d) of this title.
(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 main-
tained by that State available to the operator as determined 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 nec-
essary to establish the System.
(d) REPORT TO CONGRESS.—Not later than January 1, 1997, the Sec-
retary shall report to Congress on which States have met the requirements
of this section. If a State has not met the requirements, 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 designation of the National Auto-
mobile Title Information System under section 30502 of this title, an indi-
vidual or entity engaged in the business of operating a junk yard or salvage
289
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 ob-
tained by the junk yard or salvage yard during the prior month. The inven-
tory 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 individual or
entity—
(A) required by State law to report the acquisition of junk auto-
mobiles or salvage automobiles to State or local authorities if those au-
thorities 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 Sec-
retary that is not sooner than the 3d month before the establishment or des-
ignation 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 con-
tain 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
possession 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;
(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 reg-
ulation procedures and practices to facilitate reporting in the least burden-
some 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.
290
(b) COLLECTION AND COMPROMISE.—(1) The Secretary of Transpor-
tation shall impose a civil penalty under this section. The Attorney General
shall bring a civil action to collect the penalty. The Secretary may com-
promise the amount of the penalty. In determining the amount of the pen-
alty 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.
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—
291
(1) ‘‘commercial motor vehicle’’ means (except in section 31106) a
self-propelled or towed vehicle used on the highways in commerce prin-
cipally 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 Secretary of
Transportation to be hazardous under section 5103 of this title.
(2) ‘‘employee’’ means a driver of a commercial motor vehicle (in-
cluding an independent contractor when personally operating a com-
mercial motor vehicle), a mechanic, a freight handler, or an individual
not an employer, who—
(A) directly affects commercial motor vehicle safety in the
course of employment by a commercial motor carrier; and
(B) is not an employee of the United States Government, a
State, or a political subdivision of a State acting in the course of
employment.
(3) ‘‘employer’’—
(A) means a person engaged in a business affecting commerce
that owns or leases a commercial motor vehicle in connection with
that business, or assigns an employee to operate the vehicle in
commerce; but
(B) does not include the Government, a State, or a political sub-
division of a State.
(4) ‘‘State’’ means a State of the United States, the District of Co-
lumbia, 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 availability of
amounts, the Secretary of Transportation may make grants to States for
the development or implementation of programs for the enforcement of reg-
ulations, standards, and orders of the United States Government on com-
mercial 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, stand-
ards, and orders of the Government on commercial motor vehicle safety or
compatible State regulations, standards, and orders. The Secretary shall ap-
prove the plan if the Secretary decides the plan is adequate to promote the
objectives of this section and the plan—
292
(A) designates the State motor vehicle safety agency responsible for
administering the plan throughout the State;
(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 regu-
lations, 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 commer-
cial motor vehicle size and weight limitations, drug interdiction, and
State traffic safety laws and regulations under subsection (c) of this
section will be maintained at a level at least equal to the average level
of that expenditure for 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 dec-
laration of knowledge of applicable safety regulations, standards, and
orders of the Government and the State;
(I) provides that the State will grant maximum reciprocity for in-
spections conducted under the North American Inspection Standard
through the use of a nationally accepted system that allows ready iden-
tification 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 di-
minish the effectiveness of the development and implementation of com-
mercial motor vehicle safety programs described in subsection (a);
(K) ensures that fines imposed and collected by the State for viola-
tions 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;
294
(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 Govern-
ment-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 Govern-
ment or State commercial motor vehicle safety regulations:
(1) enforcement of commercial motor vehicle size and weight limita-
tions at locations other than fixed weight facilities, at specific locations
such as steep grades or mountainous terrains where the weight of a
commercial motor vehicle can significantly affect the safe operation of
the vehicle, or at ports where intermodal shipping containers enter and
leave the United States.
(2) detection of the unlawful presence of a controlled substance (as
defined under section 102 of the Comprehensive Drug Abuse Preven-
tion 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.
(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 sub-
mitted by a State motor vehicle safety agency of a State with a plan ap-
proved under this section and the Secretary’s own investigations, the Sec-
retary shall make a continuing evaluation of the way the State is carrying
out the plan. If the Secretary finds, after notice and opportunity for com-
ment, the State plan previously approved is not being followed or has be-
come inadequate to ensure enforcement of the regulations, standards, or or-
ders, 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 ad-
ministrative or judicial proceedings begun before the withdrawal if the is-
sues 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
295
of the costs incurred by the State in a fiscal year in developing and imple-
menting programs to enforce commercial motor vehicle regulations, stand-
ards, or orders adopted under this subchapter or subchapter II of this chap-
ter. In determining those costs, the Secretary shall include in-kind contribu-
tions by the State. Amounts of the State and its political subdivisions re-
quired 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 Govern-
ment. The Secretary may allocate among the States whose applications for
grants have been approved those amounts appropriated for grants to sup-
port 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 Transit 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 by a State during those 2 fiscal years are re-
leased 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 subsection.
(c) REIMBURSEMENT FOR GOVERNMENT’S SHARE OF COSTS.—Amounts
made available under subsection (a) of this section shall be used to reim-
burse States proportionately for the United States Government’s share of
costs incurred.
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(d) GRANTS AS CONTRACTUAL OBLIGATIONS.—Approval by the Secretary
of a grant to a State under section 31102 of this title is a contractual obli-
gation of the Government for payment of the Government’s share of costs
incurred by the State in developing, implementing, or developing and imple-
menting programs to enforce commercial motor vehicle regulations, stand-
ards, 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 de-
duct, from amounts made available under subsection (a) of this section for
that fiscal year, not more than 1.25 percent of those amounts for adminis-
trative 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 de-
scribed in subsection (e) of this section, shall allocate under criteria the Sec-
retary 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 sub-
section (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 prescribed by the Sec-
retary related to the transportation of hazardous material by commer-
cial 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 sec-
tion 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 sec-
tion 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
297
to commercial motor vehicle drivers that are carried out in conjunction
with an appropriate inspection of a commercial motor vehicle for com-
pliance with Government or State commercial motor vehicle safety reg-
ulations;
(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 car-
rier 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 para-
graph (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 paragraph (1)(G)
of this subsection, the Secretary shall consult with appropriate industry rep-
resentatives.
(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 Govern-
ment share of costs incurred as of the date of the vouchers.
(i) IMPROVED ALLOCATION FORMULA.—The Secretary shall prescribe
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 demonstrate
innovative, successful, cost-efficient, or cost-effective programs to pro-
mote commercial motor vehicle safety and hazardous material transpor-
tation safety;
(2) place special emphasis on incentives to States that conduct traf-
fic safety enforcement activities that are coupled with motor carrier
safety inspections; and
298
(3) consider ways to provide incentives to States that increase com-
patibility of State commercial motor vehicle safety and hazardous mate-
rial 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 regula-
tions specifying tolerance guidelines and standards for ensuring compatibil-
ity 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 stand-
ards shall allow for maximum flexibility while ensuring the degree of uni-
formity that will not diminish transportation safety. In reviewing State
plans and allocating amounts or making grants under section 153 of title
23, the Secretary shall ensure that the guidelines and standards are applied
uniformly.
§ 31105. Employee protections
(a) PROHIBITIONS.—(1) A person may not discharge an employee, or dis-
cipline or discriminate against an employee regarding pay, terms, or privi-
leges 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 com-
mercial motor vehicle safety regulation, standard, or order, or has testi-
fied 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 in-
jury 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 appre-
hension 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 subsection (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 viola-