H. R. 3—574
or 13906 or an order or regulation of the Secretary pre-
scribed under those sections; and 
‘‘(B) shall revoke the registration of a motor carrier 
that has been prohibited from operating in interstate com-
merce for failure to comply with the safety fitness require-
ments of section 31144.’’; 
(2) in paragraph (2) by striking ‘‘may suspend a registra-
tion’’ and inserting ‘‘shall revoke the registration’’; and 
(3) by striking paragraph (3) and inserting the following: 
‘‘(3) NOTICE; PERIOD OF SUSPENSION.—The Secretary may 
suspend or revoke under this subsection the registration only 
after giving notice of the suspension or revocation to the reg-
istrant. A suspension remains in effect until the registrant 
complies with the applicable sections or, in the case of a suspen-
sion under paragraph (2), until the Secretary revokes the 
suspension.’’. 
SEC. 4105. STATE LAWS RELATING TO VEHICLE TOWING. 
(a) STATE
LAWS
RELATING
TO
VEHICLE
TOWING.—Section 
14501(c) of title 49, United States Code, is amended by adding 
at the end the following: 
‘‘(5) LIMITATION
ON
STATUTORY
CONSTRUCTION.—Nothing 
in this section shall be construed to prevent a State from 
requiring that, in the case of a motor vehicle to be towed 
from private property without the consent of the owner or 
operator of the vehicle, the person towing the vehicle have 
prior written authorization from the property owner or lessee 
(or an employee or agent thereof) or that such owner or lessee 
(or an employee or agent thereof) be present at the time the 
vehicle is towed from the property, or both.’’. 
(b) PREDATORY TOW TRUCK OPERATIONS.—
(1) STUDY.—The Secretary shall conduct a study—
(A) to identify issues related to the protection of the 
rights of individuals whose motor vehicles are towed; 
(B) to establish the scope and geographic reach of 
any issues so identified, and 
(C) to identify potential remedies for those issues. 
(2) REPORT.—Not later than 1 year after the date of enact-
ment of this Act, the Secretary shall submit to the Committee 
on Commerce, Science, and Transportation of the Senate and 
the Committee on Transportation and Infrastructure of the 
House of Representatives a report on the results of the study. 
SEC. 4106. MOTOR CARRIER SAFETY GRANTS. 
(a) STATE PLAN CONTENTS.—Section 31102(b)(1) of title 49, 
United States Code, is amended—
(1) by striking subparagraph (A) and inserting the fol-
lowing: 
‘‘(A) implements performance-based activities, including 
deployment of technology to enhance the efficiency and 
effectiveness of commercial motor vehicle safety programs;’’; 
(2) by striking subparagraph (E) and inserting the fol-
lowing: 
‘‘(E) 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 pro-
grams for enforcement of commercial motor vehicle size and 
weight limitations, drug interdiction, and State traffic safety
H. R. 3—575
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 the 3 full fiscal years beginning after 
October 1 of the year 5 years prior to the beginning of each 
Government fiscal year.’’; 
(3) by striking subparagraph (Q) and inserting the fol-
lowing: 
‘‘(Q) provides that the State has established a program 
to ensure that—
‘‘(i) accurate, complete, and timely motor carrier 
safety data is collected and reported to the Secretary; 
and 
‘‘(ii) the State will participate in a national motor 
carrier safety data correction system prescribed by the 
Secretary;’’; 
(4) by aligning subparagraph (R) with subparagraph (S); 
(5) by striking ‘‘and’’ at the end of subparagraph (S); 
(6) by striking the period at the end of subparagraph (T) 
and inserting a semicolon; and 
(7) by adding at the end the following: 
‘‘(U) provides that the State will include in the training 
manual for the licensing examination to drive a noncommercial 
motor vehicle and a commercial motor vehicle, information 
on best practices for driving safely in the vicinity of noncommer-
cial and commercial motor vehicles; 
‘‘(V) provides that the State will enforce the registration 
requirements of section 13902 by prohibiting the operation 
of any vehicle discovered to be operated by a motor carrier 
without a registration issued under such section or to operate 
beyond the scope of such registration; 
‘‘(W) provides that the State will conduct comprehensive 
and highly visible traffic enforcement and commercial motor 
vehicle safety inspection programs in high-risk locations and 
corridors; and 
‘‘(X) except in the case of an imminent or obvious safety 
hazard, ensures that an inspection of a vehicle transporting 
passengers for a motor carrier of passengers is conducted at 
a station, terminal, border crossing, maintenance facility, des-
tination, or other location where a motor carrier may make 
a planned stop.’’. 
(b) USE OF GRANTS TO ENFORCE OTHER LAWS.—Section 31102 
of such title is amended—
(1) by striking subsection (c) and inserting the following: 
‘‘(c) USE OF GRANTS TO ENFORCE OTHER LAWS.—A State may 
use amounts received under a grant under subsection (a)—
‘‘(1) 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: 
‘‘(A) enforcement of commercial motor vehicle size and 
weight limitations at locations other than fixed weight 
facilities, at specific locations such as steep grades or moun-
tainous 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; and
H. R. 3—576
‘‘(B) detection of the unlawful presence of a controlled 
substance (as defined under section 102 of the Comprehen-
sive 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; 
and 
‘‘(2) for documented enforcement of State traffic laws and 
regulations designed to promote the safe operation of commer-
cial motor vehicles, including documented enforcement of such 
laws and regulations relating to noncommercial motor vehicles 
when necessary to promote the safe operation of commercial 
motor vehicles if the number of motor carrier safety activities 
(including roadside safety inspections) conducted in the State 
is maintained at a level at least equal to the average level 
of such activities conducted in the State in fiscal years 2003, 
2004, and 2005; except that the State may not use more than 
5 percent of the basic amount the State receives under the 
grant under subsection (a) for enforcement activities relating 
to noncommercial motor vehicles described in this paragraph 
unless the Secretary determines a higher percentage will result 
in significant increases in commercial motor vehicle safety.’’; 
and 
(2) by adding at the end the following: 
‘‘(e) ANNUAL REPORT.—The Secretary shall submit to the Com-
mittee on Transportation and Infrastructure of the House of Rep-
resentatives and the Committee on Commerce, Science and 
Transportation of the Senate an annual report that—
‘‘(1) analyzes commercial motor vehicle safety trends among 
the States and documents the most effective commercial motor 
vehicle safety programs implemented with grants under this 
section; and 
‘‘(2) describes the effect of activities carried out with grants 
made under this section on commercial motor vehicle safety.’’. 
SEC. 4107. HIGH PRIORITY ACTIVITIES AND NEW ENTRANTS AUDITS. 
(a) HIGH PRIORITY ACTIVITIES.—Section 31104 of title 49, 
United States Code (as amended by section 4101 of this Act), 
is amended by adding at the end the following: 
‘‘(k) HIGH-PRIORITY ACTIVITIES.—
‘‘(1) CRITERIA.—The Secretary shall establish safety 
performance criteria to be used to distribute high priority pro-
gram funds under this subsection. 
‘‘(2) SET ASIDE.—The Secretary may set aside from amounts 
made available by subsection (a) up to $15,000,000 for each 
of fiscal years 2006 through 2009 for States, local governments, 
and organizations representing government agencies or officials 
described in paragraph (3) for carrying out high priority activi-
ties and projects that improve commercial motor vehicle safety 
and compliance with commercial motor vehicle safety regula-
tions (including activities and projects that are national in 
scope), increase public awareness and education, demonstrate 
new technologies, and reduce the number and rate of accidents 
involving commercial motor vehicles. 
‘‘(3) DESCRIPTION OF RECIPIENTS.—Amounts set aside under 
this subsection shall be allocated by the Secretary only to 
State agencies, local governments, and organizations rep-
resenting government agencies or officials that use and train
H. R. 3—577
qualified officers and employees in coordination with State 
motor vehicle safety agencies. 
‘‘(4) LIMITATION.—At least 90 percent of the amounts set 
aside for a fiscal year under this subsection shall be awarded 
in grants to State agencies and local government agencies.’’. 
(b) NEW ENTRANT AUDITS.—Section 31104 of such title is 
amended—
(1) by redesignating the second subsection as subsection 
(f); and 
(2) by adding at the end of such subsection the following: 
‘‘(5) NEW ENTRANT AUDITS.—
‘‘(A) GRANTS.—The Secretary may make grants to 
States and local governments for new entrant motor carrier 
audits under this subsection without requiring a matching 
contribution from such States and local governments. 
‘‘(B) SET ASIDE.—The Secretary shall set aside from 
amounts made available by section 31104(a) up to 
$29,000,000 per fiscal year for audits of new entrant motor 
carriers conducted pursuant to this paragraph. 
‘‘(C) DETERMINATION.—If the Secretary determines that 
a State or local government is not able to use government 
employees to conduct new entrant motor carrier audits, 
the Secretary may use the funds set aside under this 
paragraph to conduct audits for such States or local govern-
ments.’’. 
SEC. 4108. DATA QUALITY IMPROVEMENT. 
(a) IN GENERAL.—Section 31106(a)(3) of title 49, United States 
Code, is amended—
(1) by striking ‘‘and’’ at the end of subparagraph (D); 
(2) by striking the period at the end of subparagraph (E) 
and inserting a semicolon; and 
(3) by adding at the end the following: 
‘‘(F) ensure, to the maximum extent practical, all the 
data is complete, timely, and accurate across all informa-
tion systems and initiatives; and 
‘‘(G) establish and implement a national motor carrier 
safety data correction system.’’. 
(b) REPORT ON STATUS OF SAFETY FITNESS RATING SYSTEM 
REVISION.—Not later than 1 year after the date of enactment of 
this Act, the Secretary shall submit to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on 
Transportation and Infrastructure of the House of Representatives 
a report on the status of revision of the safety fitness rating system 
of motor carriers. 
SEC. 4109. PERFORMANCE AND REGISTRATION INFORMATION SYSTEM 
MANAGEMENT. 
(a) DESIGN
AND
CONDITIONS
FOR
PARTICIPATION.—Section 
31106(b) of title 49, United States Code, is amended by striking 
paragraphs (2), (3), and (4) and inserting the following: 
‘‘(2) DESIGN.—The program shall link Federal motor carrier 
safety information systems with State commercial vehicle reg-
istration and licensing systems and shall be designed to enable 
a State to—
‘‘(A) determine the safety fitness of a motor carrier 
or registrant when licensing or registering the registrant
H. R. 3—578
or motor carrier or while the license or registration is 
in effect; and 
‘‘(B) deny, suspend, or revoke the commercial motor 
vehicle registrations of a motor carrier or registrant that 
has been issued an operations out-of-service order by the 
Secretary. 
‘‘(3) CONDITIONS FOR PARTICIPATION.—The Secretary shall 
require States, as a condition of participation in the program, 
to—
‘‘(A) comply with the uniform policies, procedures, and 
technical and operational standards prescribed by the Sec-
retary under subsection (a)(4); 
‘‘(B) possess or seek the authority to possess for a 
time period no longer than determined reasonable by the 
Secretary, to impose sanctions relating to commercial motor 
vehicle registration on the basis of a Federal safety fitness 
determination; and 
‘‘(C) establish and implement a process to cancel the 
motor vehicle registration and seize the registration plates 
of a vehicle when an employer is found liable under section 
31310(i)(2)(C) for knowingly allowing or requiring an 
employee to operate such a commercial motor vehicle in 
violation of an out-of-service order. 
‘‘(4) GRANTS.—From the funds authorized by section 
31104(i), the Secretary may make a grant in a fiscal year 
to a State to implement the performance and registration 
information system management requirements of this sub-
section.’’. 
(b) PERFORMANCE
AND REGISTRATION INFORMATION SYSTEM 
MANAGEMENT GRANTS.—
(1) IN GENERAL.—Subchapter I of chapter 311 of title 49, 
United States Code, is further amended by adding at the end 
the following: 
‘‘§ 31109. Performance and registration information system 
management 
‘‘The Secretary of Transportation may make a grant to a State 
to implement the performance and registration information system 
management requirements of section 31106(b).’’. 
(2) CONFORMING AMENDMENT.—The analysis for such sub-
chapter is amended by adding at the end the following:
‘‘31109. Performance and registration information system management.’’.
SEC. 4110. BORDER ENFORCEMENT GRANTS. 
(a) IN GENERAL.—Chapter 311 of title 49, United States Code, 
is amended—
(1) by striking the heading for subchapter I and inserting 
the following: 
‘‘SUBCHAPTER I—GENERAL AUTHORITY AND STATE 
GRANTS’’; 
and 
(2) by striking section 31107 and inserting the following:
H. R. 3—579
‘‘§ 31107. Border enforcement grants 
‘‘(a) GENERAL AUTHORITY.—The Secretary of Transportation 
may make a grant in a fiscal year to an entity or State that 
shares a land border with another country for carrying out border 
commercial motor vehicle safety programs and related enforcement 
activities and projects. 
‘‘(b) 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 amounts from the United 
States, for carrying out border commercial motor vehicle safety 
programs and related enforcement activities and projects will be 
maintained at a level at least equal to the average level of that 
expenditure by the State and political subdivisions of the State 
for the last 2 fiscal years of the State or the Federal Government 
ending before October 1, 2005, whichever the State designates. 
‘‘(c) GOVERNMENTS SHARE
OF COSTS.—The Secretary shall 
reimburse a State under a grant made under this section an amount 
that is not more than 100 percent of the costs incurred by the 
State in a fiscal year for carrying out border commercial motor 
vehicle safety programs and related enforcement activities and 
projects. 
‘‘(d) AVAILABILITY
AND REALLOCATION
OF AMOUNTS.—Alloca-
tions 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 available to the Secretary for reallocation under this 
section.’’. 
(b) CLERICAL AMENDMENTS.—
(1) ITEM
RELATING
TO
SUBCHAPTER
I.—The analysis for 
such chapter is amended by striking the item relating to sub-
chapter I and inserting the following:
‘‘SUBCHAPTER I—GENERAL AUTHORITY AND STATE GRANTS’’.
(2) ITEM
RELATING
TO
SECTION
31107.—The analysis for 
such chapter is amended by striking the item relating to section 
31107 and inserting the following:
‘‘31107. Border enforcement grants.’’.
SEC. 4111. MOTOR CARRIER RESEARCH AND TECHNOLOGY PROGRAM. 
(a) IN GENERAL.—Section 31108 of title 49, United States Code, 
is amended to read as follows: 
‘‘§ 31108. Motor carrier research and technology program 
‘‘(a) RESEARCH, TECHNOLOGY, AND
TECHNOLOGY
TRANSFER 
ACTIVITIES.—
‘‘(1) ESTABLISHMENT.—The Secretary of Transportation 
shall establish and carry out a motor carrier and motor coach 
research and technology program. 
‘‘(2) MULTIYEAR PLAN.—The program must include a multi-
year research plan that focuses on nonredundant innovative 
research and shall be coordinated with other research programs 
or projects ongoing or planned within the Department of 
Transportation, as appropriate. 
‘‘(3) RESEARCH, DEVELOPMENT, AND TECHNOLOGY TRANSFER 
ACTIVITIES.—The Secretary may carry out under the program
H. R. 3—580
research, development, technology, and technology transfer 
activities with respect to—
‘‘(A) the causes of accidents, injuries, and fatalities 
involving commercial motor vehicles; 
‘‘(B) means of reducing the number and severity of 
accidents, injuries, and fatalities involving commercial 
motor vehicles; 
‘‘(C) improving the safety and efficiency of commercial 
motor vehicles through technological innovation and 
improvement; 
‘‘(D) improving technology used by enforcement officers 
when conducting roadside inspections and compliance 
reviews to increase efficiency and information transfers; 
and 
‘‘(E) increasing the safety and security of hazardous 
materials transportation. 
‘‘(4) TESTS AND DEVELOPMENT.—The Secretary may test, 
develop, or assist in testing and developing any material, inven-
tion, patented article, or process related to the research and 
technology program. 
‘‘(5) TRAINING.—The Secretary may use the funds made 
available to carry out this section for training or education 
of commercial motor vehicle safety personnel, including training 
in accident reconstruction and detection of controlled substances 
or other contraband and stolen cargo or vehicles. 
‘‘(6) PROCEDURES.—The Secretary may carry out this sec-
tion—
‘‘(A) independently; 
‘‘(B) in cooperation with other Federal departments, 
agencies, and instrumentalities and Federal laboratories; 
or 
‘‘(C) by making grants to, or entering into contracts 
and cooperative agreements with, any Federal laboratory, 
State agency, authority, association, institution, for-profit 
or nonprofit corporation, organization, foreign country, or 
person. 
‘‘(7) DEVELOPMENT AND PROMOTION OF USE OF PRODUCTS.—
The Secretary shall use funds made available to carry out 
this section to develop, administer, communicate, and promote 
the use of products of research, technology, and technology 
transfer programs under this section. 
‘‘(b) COLLABORATIVE RESEARCH AND DEVELOPMENT.—
‘‘(1) IN GENERAL.—To advance innovative solutions to prob-
lems involving commercial motor vehicle and motor carrier 
safety, security, and efficiency, and to stimulate the deployment 
of emerging technology, the Secretary may carry out, on a 
cost-shared basis, collaborative research and development 
with—
‘‘(A) non-Federal entities, including State and local 
governments, foreign governments, colleges and univer-
sities, corporations, institutions, partnerships, and sole 
proprietorships that are incorporated or established under 
the laws of any State; and 
‘‘(B) Federal laboratories. 
‘‘(2) COOPERATIVE AGREEMENTS.—In carrying out this sub-
section, the Secretary may enter into cooperative research and
H. R. 3—581
development agreements (as defined in section 12 of the Steven-
son-Wydler Technology Innovation Act of 1980 (15 U.S.C. 
3710a)). 
‘‘(3) COST SHARING.—
‘‘(A) FEDERAL SHARE.—The Federal share of the cost 
of activities carried out under a cooperative research and 
development agreement entered into under this subsection 
shall not exceed 50 percent; except that, if there is substan-
tial public interest or benefit associated with any such 
activity, the Secretary may approve a greater Federal 
share. 
‘‘(B) TREATMENT OF DIRECTLY INCURRED NON-FEDERAL 
COSTS.—All costs directly incurred by the non-Federal part-
ners, including personnel, travel, and hardware or software 
development costs, shall be credited toward the non-Federal 
share of the cost of the activities described in subparagraph 
(A). 
‘‘(4) USE OF TECHNOLOGY.—The research, development, or 
use of a technology under a cooperative research and develop-
ment agreement entered into under this subsection, including 
the terms under which the technology may be licensed and 
the resulting royalties may be distributed, shall be subject 
to the Stevenson-Wydler Technology Innovation Act of 1980 
(15 U.S.C. 3701 et seq.).’’. 
(b) CLERICAL AMENDMENT.—The analysis for chapter 311 of 
such title is amended by striking the item relating to section 31108 
and inserting the following:
‘‘31108. Motor carrier research and technology program.’’.
SEC. 4112. NEBRASKA CUSTOM HARVESTERS LENGTH EXEMPTION. 
(a) IN GENERAL.—Section 31112(c) of title 49, United States 
Code, is amended by adding at the end the following: 
‘‘(5) Nebraska may allow the operation of a truck tractor 
and 2 trailers or semitrailers not in actual lawful operation 
on a regular or periodic basis on June 1, 1991, if the length 
of the property-carrying units does not exceed 81 feet 6 inches 
and such combination is used only to transport equipment 
utilized by custom harvesters under contract to agricultural 
producers to harvest one or more of wheat, soybeans, and 
milo during the harvest months for such crops, as defined 
by the State of Nebraska.’’. 
(b) CONFORMING
AMENDMENT.—Such section 31112(c) is 
amended by striking the subsection designation and heading and 
inserting the following: 
‘‘(c) SPECIAL RULES FOR WYOMING, OHIO, ALASKA, IOWA, AND 
NEBRASKA.—’’. 
SEC. 4113. PATTERN OF SAFETY VIOLATIONS BY MOTOR CARRIER 
MANAGEMENT. 
(a) DUTIES OF EMPLOYERS AND EMPLOYEES.—Section 31135 of 
title 49, United States Code, is amended—
(1) by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘Each’’; and 
(2) by adding at the end the following: 
‘‘(b) PATTERN OF NONCOMPLIANCE.—If the Secretary finds that 
an officer of a motor carrier engages or has engaged in a pattern 
or practice of avoiding compliance, or masking or otherwise con-
cealing noncompliance, with regulations on commercial motor
H. R. 3—582
vehicle safety prescribed under this subchapter, while serving as 
an officer of any motor carrier, the Secretary may suspend, amend, 
or revoke any part of the motor carrier’s registration under section 
13905. 
‘‘(c) REGULATIONS.—Not later than 1 year after the date of 
enactment of this subsection, the Secretary shall by regulation 
establish standards to implement subsection (b). 
‘‘(d) DEFINITIONS.—In this section, the following definitions 
apply: 
‘‘(1) MOTOR
CARRIER.—The term ‘motor carrier’ has the 
meaning such term has under section 13102. 
‘‘(2) OFFICER.—The term ‘officer’ means an owner, director, 
chief executive officer, chief operating officer, chief financial 
officer, safety director, vehicle maintenance supervisor, and 
driver supervisor of a motor carrier, regardless of the title 
attached to those functions, and any person, however des-
ignated, exercising controlling influence over the operations 
of a motor carrier.’’. 
(b) CROSS REFERENCE.—Section 13902(a)(1)(B) of such title is 
amended to read as follows: 
‘‘(B)(i) any safety regulations imposed by the Secretary; 
‘‘(ii) the duties of employers and employees established 
by the Secretary under section 31135; and 
‘‘(iii) the safety fitness requirements established by 
the Secretary under section 31144; and’’. 
SEC. 4114. INTRASTATE OPERATIONS OF INTERSTATE MOTOR CAR-
RIERS. 
(a) IN GENERAL.—Section 31144(a) of title 49, United States 
Code, is amended to read as follows: 
‘‘(a) IN GENERAL.—The Secretary shall—
‘‘(1) determine whether an owner or operator is fit to 
operate safely commercial motor vehicles, utilizing among other 
things the accident record of an owner or operator operating 
in interstate commerce and the accident record and safety 
inspection record of such owner or operator—
‘‘(A) in operations that affect interstate commerce 
within the United States; and 
‘‘(B) in operations in Canada and Mexico if the owner 
or operator also conducts operations within the United 
States; 
‘‘(2) periodically update such safety fitness determinations; 
‘‘(3) make such final safety fitness determinations readily 
available to the public; and 
‘‘(4) prescribe by regulation penalties for violations of this 
section consistent with section 521.’’. 
(b) PROHIBITED TRANSPORTATION.—The first subsection (c) of 
section 31144 of such title is amended by adding at the end the 
following: 
‘‘(5) TRANSPORTATION AFFECTING INTERSTATE COMMERCE.—
Owners or operators of commercial motor vehicles prohibited 
from operating in interstate commerce pursuant to paragraphs 
(1) through (3) of this section may not operate any commercial 
motor vehicle that affects interstate commerce until the Sec-
retary determines that such owner or operator is fit.’’. 
(c) DETERMINATION OF UNFITNESS BY STATE.—Section 31144 
of such title is amended—