H. R. 3419—11
functions transferred to the Administration under this Act)
substituted for the Office.
(3) REMANDED
CASES.—If the court in a suit described
in paragraph (1) remands a case to the Administration, subse-
quent proceedings related to such case shall proceed in accord-
ance with applicable law and regulations as in effect at the
time of such subsequent proceedings.
(e) CONTINUANCE
OF ACTIONS AGAINST OFFICERS.—No suit,
action, or other proceeding commenced by or against any officer
in his official capacity as an officer of the Office shall abate by
reason of the enactment of this Act. No cause of action by or
against the Office, or by or against any officer thereof in his official
capacity, shall abate by reason of the enactment of this Act.
(f ) EXERCISE OF AUTHORITIES.—Except as otherwise provided
by law, an officer or employee of the Administration may, for
purposes of performing a function transferred by this Act or the
amendments made by this Act, exercise all authorities under any
other provision of law that were available with respect to the
performance of that function to the official responsible for the
performance of the function immediately before the effective date
of the transfer of the function under this Act or the amendments
made by this Act.
(g) REFERENCES.—Any reference to the Office in any Federal
law, Executive order, rule, regulation, or delegation of authority,
or any document of or pertaining to the Office or an officer or
employee of the Office is deemed to refer to the Administration
or a member or employee of the Administration, as appropriate.
SEC. 107. EFFECTIVE DATE.
(a) IN GENERAL.—This Act shall take effect on the date of
the enactment of this Act; except that the amendments made by
section 101 shall take effect on January 1, 2000.
(b) BUDGET SUBMISSIONS.—The President’s budget submission
for fiscal year 2001 and each fiscal year thereafter shall reflect
the establishment of the Federal Motor Carrier Safety Administra-
tion in accordance with this Act.
TITLE II—COMMERCIAL MOTOR
VEHICLE AND DRIVER SAFETY
SEC. 201. DISQUALIFICATIONS.
(a) DRIVING WHILE DISQUALIFIED AND CAUSING A FATALITY.—
(1) FIRST VIOLATION.—Section 31310(b)(1) of title 49, United
States Code, is amended—
(A) by striking ‘‘or’’ at the end of subparagraph (B);
(B) by striking the period at the end of subparagraph
(C) and inserting a semicolon; and
(C) by adding at the end the following:
‘‘(D) committing a first violation of driving a commercial
motor vehicle when the individual’s commercial driver’s license
is revoked, suspended, or canceled based on the individual’s
operation of a commercial motor vehicle or when the individual
is disqualified from operating a commercial motor vehicle based
on the individual’s operation of a commercial motor vehicle;
or
H. R. 3419—12
‘‘(E) convicted of causing a fatality through negligent or
criminal operation of a commercial motor vehicle.’’.
(2) SECOND AND MULTIPLE VIOLATIONS.—Section 31310(c)(1)
of such title is amended—
(A) by striking ‘‘or’’ at the end of subparagraph (C);
(B) by redesignating subparagraph (D) as subpara-
graph (F);
(C) by inserting after subparagraph (C) the following:
‘‘(D) committing more than one violation of driving a
commercial motor vehicle when the individual’s commercial
driver’s license is revoked, suspended, or canceled based on
the individual’s operation of a commercial motor vehicle or
when the individual is disqualified from operating a commercial
motor vehicle based on the individual’s operation of a commer-
cial motor vehicle;
‘‘(E) convicted of more than one offense of causing a fatality
through negligent or criminal operation of a commercial motor
vehicle; or’’; and
(D) in subparagraph (F) (as redesignated by subpara-
graph (B) of this paragraph) by striking ‘‘clauses (A)–(C)
of this paragraph’’ and inserting ‘‘subparagraphs (A)
through (E)’’.
(3) CONFORMING
AMENDMENT.—Section 31301(12)(C) of
such title is amended by inserting ‘‘, other than a violation
to which section 31310(b)(1)(E) or 31310(c)(1)(E) applies’’ after
‘‘a fatality’’.
(b) EMERGENCY DISQUALIFICATION; NONCOMMERCIAL MOTOR
VEHICLE CONVICTIONS.—Section 31310 of such title is amended—
(1) by redesignating subsections (f ), (g), and (h) as sub-
sections (h), (i), and ( j), respectively;
(2) by inserting after subsection (e) the following:
‘‘(f ) EMERGENCY DISQUALIFICATION.—
‘‘(1) LIMITED DURATION.—The Secretary shall disqualify an
individual from operating a commercial motor vehicle for not
to exceed 30 days if the Secretary determines that allowing
the individual to continue to operate a commercial motor vehicle
would create an imminent hazard (as such term is defined
in section 5102).
‘‘(2) AFTER NOTICE AND HEARING.—The Secretary shall dis-
qualify an individual from operating a commercial motor vehicle
for more than 30 days if the Secretary determines, after notice
and an opportunity for a hearing, that allowing the individual
to continue to operate a commercial motor vehicle would create
an imminent hazard (as such term is defined in section 5102).
‘‘(g) NONCOMMERCIAL MOTOR VEHICLE CONVICTIONS.—
‘‘(1) ISSUANCE
OF
REGULATIONS.—Not later than 1 year
after the date of the enactment of this Act, the Secretary
shall issue regulations providing for the disqualification by
the Secretary from operating a commercial motor vehicle of
an individual who holds a commercial driver’s license and who
has been convicted of—
‘‘(A) a serious offense involving a motor vehicle (other
than a commercial motor vehicle) that has resulted in
the revocation, cancellation, or suspension of the individ-
ual’s license; or
‘‘(B) a drug or alcohol related offense involving a motor
vehicle (other than a commercial motor vehicle).
H. R. 3419—13
‘‘(2) REQUIREMENTS FOR REGULATIONS.—Regulations issued
under paragraph (1) shall establish the minimum periods for
which the disqualifications shall be in effect, but in no case
shall the time periods for disqualification for noncommercial
motor vehicle violations be more stringent than those for
offenses or violations involving a commercial motor vehicle.
The Secretary shall determine such periods based on the
seriousness of the offenses on which the convictions are based.’’;
and
(3) in subsection (h) (as redesignated by paragraph (1)
of this subsection) by striking ‘‘(b)–(e)’’ each place it appears
and inserting ‘‘(b) through (g)’’.
(c) SERIOUS TRAFFIC VIOLATIONS.—Section 31301(12) of such
title is amended—
(1) by striking ‘‘and’’ at the end of subparagraph (C);
(2) by redesignating subparagraph (D) as subparagraph
(G); and
(3) by inserting after subparagraph (C) the following:
‘‘(D) driving a commercial motor vehicle when the indi-
vidual has not obtained a commercial driver’s license;
‘‘(E) driving a commercial motor vehicle when the indi-
vidual does not have in his or her possession a commercial
driver’s license unless the individual provides, by the date
that the individual must appear in court or pay any fine with
respect to the citation, to the enforcement authority that issued
the citation proof that the individual held a valid commercial
driver’s license on the date of the citation;
‘‘(F) driving a commercial motor vehicle when the individual
has not met the minimum testing standards—
‘‘(i) under section 31305(a)(3) for the specific class of
vehicle the individual is operating; or
‘‘(ii) under section 31305(a)(5) for the type of cargo
the vehicle is carrying; and’’.
(d) CONFORMING AMENDMENTS.—Section 31305(b)(1) of such
title is amended—
(1) by striking ‘‘to operate the vehicle’’; and
(2) by inserting before the period at the end the following:
‘‘to operate the vehicle and has a commercial driver’s license
to operate the vehicle’’.
SEC. 202. REQUIREMENTS FOR STATE PARTICIPATION.
(a) REQUESTS
FOR DRIVING RECORD INFORMATION.—Section
31311(a)(6) of title 49, United States Code, is amended—
(1) by inserting ‘‘or renewing such a license’’ before the
comma; and
(2) by striking ‘‘commercial’’ the second place it appears.
(b) RECORDING
OF VIOLATIONS.—Section 31311(a)(8) of such
title is amended by inserting before the period at the end the
following: ‘‘, and the violation that resulted in the disqualification,
revocation, suspension, or cancellation shall be recorded’’.
(c) NOTIFICATION OF STATE OFFICIALS.—Section 31311(a)(9) of
such title is amended to read as follows:
‘‘(9) If an individual violates a State or local law on motor
vehicle traffic control (except a parking violation) and the
individual—
‘‘(A) has a commercial driver’s license issued by another
State; or
H. R. 3419—14
‘‘(B) is operating a commercial vehicle without a
commercial driver’s license and has a driver’s license issued
by another State,
the State in which the violation occurred shall notify a State
official designated by the issuing State of the violations not
later than 10 days after the date the individual is found to
have committed the violation.’’.
(d) PROVISIONAL LICENSES.—Section 31311(a)(10) of such title
is amended—
(1) by striking ‘‘(10)’’ and inserting ‘‘(10)(A)’’; and
(2) by adding at the end the following:
‘‘(B) The State may not issue a special license or permit
(including a provisional or temporary license) to an individual
who holds a commercial driver’s license that permits the indi-
vidual to drive a commercial motor vehicle during a period
in which—
‘‘(i) the individual is disqualified from operating a
commercial motor vehicle; or
‘‘(ii) the individual’s driver’s license is revoked, sus-
pended, or canceled.’’.
(e) PENALTIES.—Section 31311(a)(13) of such title is amended—
(1) by inserting ‘‘consistent with this chapter that’’ after
‘‘penalties’’; and
(2) by striking ‘‘vehicle’’ the first place it appears and
all that follows through the period at the end and inserting
‘‘vehicle.’’.
(f ) RECORDS OF VIOLATIONS.—Section 31311(a) of such title
is amended by adding at the end the following:
‘‘(18) The State shall maintain, as part of its driver informa-
tion system, a record of each violation of a State or local
motor vehicle traffic control law while operating a motor vehicle
(except a parking violation) for each individual who holds a
commercial driver’s license. The record shall be available upon
request to the individual, the Secretary, employers, prospective
employers, State licensing and law enforcement agencies, and
their authorized agents.’’.
(g) MASKING.—Section 31311(a) of such title is further amended
by adding at the end the following:
‘‘(19) The State shall—
‘‘(A) record in the driving record of an individual who
has a commercial driver’s license issued by the State; and
‘‘(B) make available to all authorized persons and
governmental entities having access to such record,
all information the State receives under paragraph (9) with
respect to the individual and every violation by the individual
involving a motor vehicle (including a commercial motor vehicle)
of a State or local law on traffic control (except a parking
violation), not later than 10 days after the date of receipt
of such information or the date of such violation, as the case
may be. The State may not allow information regarding such
violations to be withheld or masked in any way from the
record of an individual possessing a commercial driver’s
license.’’.
(h) NONCOMMERCIAL MOTOR VEHICLE CONVICTIONS.—Section
31311(a) of such title is further amended by adding at the end
the following:
H. R. 3419—15
‘‘(20) The State shall revoke, suspend, or cancel the
commercial driver’s license of an individual in accordance with
regulations issued by the Secretary to carry out section
31310(g).’’.
SEC. 203. STATE NONCOMPLIANCE.
(a) IN GENERAL.—Chapter 313 of title 49, United States Code,
is amended by inserting after section 31311 the following:
‘‘§ 31312. Decertification authority
‘‘(a) IN GENERAL.—If the Secretary of Transportation deter-
mines that a State is in substantial noncompliance with this
chapter, the Secretary shall issue an order to—
‘‘(1) prohibit that State from carrying out licensing proce-
dures under this chapter; and
‘‘(2) prohibit that State from issuing any commercial
driver’s licenses until such time the Secretary determines such
State is in substantial compliance with this chapter.
‘‘(b) EFFECT ON OTHER STATES.—A State (other than a State
subject to an order under subsection (a)) may issue a non-resident
commercial driver’s license to an individual domiciled in a State
that is prohibited from such activities under subsection (a) if that
individual meets all requirements of this chapter and the non-
resident licensing requirements of the issuing State.
‘‘(c) PREVIOUSLY ISSUED LICENSES.—Nothing in this section
shall be construed as invalidating or otherwise affecting commercial
driver’s licenses issued by a State before the date of issuance
of an order under subsection (a) with respect to the State.’’.
(b) CONFORMING
AMENDMENT.—The chapter analysis for
chapter 313 of such title is amended by inserting after the item
relating to section 31311 the following:
‘‘31312. Decertification authority.’’.
SEC. 204. CHECKS BEFORE ISSUANCE OF DRIVER’S LICENSES.
Section 30304 of title 49, United States Code, is amended
by adding at the end the following:
‘‘(e) DRIVER RECORD INQUIRY.—Before issuing a motor vehicle
operator’s license to an individual or renewing such a license, a
State shall request from the Secretary information from the
National Driver Register under section 30302 and the commercial
driver’s license information system under section 31309 on the
individual’s driving record.’’.
SEC. 205. REGISTRATION ENFORCEMENT.
Section 13902 of title 49, United States Code, is amended—
(1) by redesignating subsection (e) as subsection (f ); and
(2) by inserting after subsection (d) the following:
‘‘(e) PENALTIES FOR FAILURE TO COMPLY WITH REGISTRATION
REQUIREMENTS.—In addition to other penalties available under law,
motor carriers that fail to register their operations as required
by this section or that operate beyond the scope of their registrations
may be subject to the following penalties:
‘‘(1) OUT-OF-SERVICE ORDERS.—If, upon inspection or inves-
tigation, the Secretary determines that a motor vehicle pro-
viding transportation requiring registration under this section
is operating without a registration or beyond the scope of its
registration, the Secretary may order the vehicle out-of-service.
Subsequent to the issuance of the out-of-service order, the
H. R. 3419—16
Secretary shall provide an opportunity for review in accordance
with section 554 of title 5, United States Code; except that
such review shall occur not later than 10 days after issuance
of such order.
‘‘(2) PERMISSION FOR OPERATIONS.—A person domiciled in
a country contiguous to the United States with respect to
which an action under subsection (c)(1)(A) or (c)(1)(B) is in
effect and providing transportation for which registration is
required under this section shall maintain evidence of such
registration in the motor vehicle when the person is providing
the transportation. The Secretary shall not permit the operation
in interstate commerce in the United States of any motor
vehicle in which there is not a copy of the registration issued
pursuant to this section.’’.
SEC. 206. DELINQUENT PAYMENT OF PENALTIES.
(a) REVOCATION
OF REGISTRATION.—Section 13905(c) of title
49, United States Code, is amended—
(1) by inserting ‘‘(1) IN GENERAL.—’’ before ‘‘On application’’;
(2) by inserting ‘‘(A)’’ before ‘‘suspend’’;
(3) by striking the period at the end of the second sentence
and inserting ‘‘; and (B) suspend, amend, or revoke any part
of the registration of a motor carrier, broker, or freight for-
warder: (i) for failure to pay a civil penalty imposed under
chapter 5, 51, 149, or 311 of this title; or (ii) for failure to
arrange and abide by an acceptable payment plan for such
civil penalty, within 90 days of the time specified by order
of the Secretary for the payment of such penalty. Subparagraph
(B) shall not apply to any person who is unable to pay a
civil penalty because such person is a debtor in a case under
chapter 11 of title 11, United States Code.
‘‘(2) REGULATIONS.—Not later than 12 months after the
date of the enactment of this paragraph, the Secretary, after
notice and opportunity for public comment, shall issue regula-
tions to provide for the suspension, amendment, or revocation
of a registration under this part for failure to pay a civil
penalty as provided in paragraph (1)(B).’’; and
(4) by indenting paragraph (1) (as designated by paragraph
(1) of this section) and aligning such paragraph with paragraph
(2) of such section (as added by paragraph (3) of this section).
(b) PROHIBITED
TRANSPORTATION
BY
COMMERCIAL
MOTOR
VEHICLE OPERATORS.—Section 521(b) of such title is amended—
(1) by redesignating paragraphs (8) through (13) as para-
graphs (9) through (14), respectively; and
(2) by inserting after paragraph (7) the following:
‘‘(8) PROHIBITION ON OPERATION IN INTERSTATE COMMERCE
AFTER NONPAYMENT OF PENALTIES.—
‘‘(A) IN GENERAL.—An owner or operator of a commer-
cial motor vehicle against whom a civil penalty is assessed
under this chapter or chapter 51, 149, or 311 of this title
and who does not pay such penalty or fails to arrange
and abide by an acceptable payment plan for such civil
penalty may not operate in interstate commerce beginning
on the 91st day after the date specified by order of the
Secretary for payment of such penalty. This paragraph
shall not apply to any person who is unable to pay a
H. R. 3419—17
civil penalty because such person is a debtor in a case
under chapter 11 of title 11, United States Code.
‘‘(B) REGULATIONS.—Not later than 12 months after
the date of the enactment of this paragraph, the Secretary,
after notice and an opportunity for public comment, shall
issue regulations setting forth procedures for ordering
commercial motor vehicle owners and operators delinquent
in paying civil penalties to cease operations until payment
has been made.’’.
SEC. 207. STATE COOPERATION IN REGISTRATION ENFORCEMENT.
Section 31102(b)(1) of title 49, United States Code, is
amended—
(1) by aligning subparagraph (A) with subparagraph (B)
of such section; and
(2) by striking subparagraph (R) and inserting the fol-
lowing:
‘‘(R) ensures that the State will cooperate in the
enforcement of registration requirements under section
13902 and financial responsibility requirements under sec-
tions 13906, 31138, and 31139 and regulations issued there-
under;’’.
SEC. 208. IMMINENT HAZARD.
Section 521(b)(5)(B) of title 49, United States Code, is amended
by striking ‘‘is likely to result in’’ and inserting ‘‘substantially
increases the likelihood of ’’.
SEC. 209. HOUSEHOLD GOODS AMENDMENTS.
(a) DEFINITION OF HOUSEHOLD GOODS.—Section 13102(10)(A)
of title 49, United States Code, is amended by striking ‘‘, including’’
and all that follows through ‘‘dwelling,’’ and inserting ‘‘, except
such term does not include property moving from a factory or
store, other than property that the householder has purchased
with the intent to use in his or her dwelling and is transported
at the request of, and the transportation charges are paid to the
carrier by, the householder;’’.
(b) ARBITRATION REQUIREMENTS.—Section 14708(b)(6) of such
title is amended by striking ‘‘$1,000’’ each place it appears and
inserting ‘‘$5,000’’.
(c) STUDY OF ENFORCEMENT OF CONSUMER PROTECTION RULES
IN THE HOUSEHOLD GOODS MOVING INDUSTRY.—The Comptroller
General shall conduct a study of the effectiveness of the Department
of Transportation’s enforcement of household goods consumer
protection rules under title 49, United States Code. The study
shall also include a review of other potential methods of enforcing
such rules, including allowing States to enforce such rules.
SEC. 210. NEW MOTOR CARRIER ENTRANT REQUIREMENTS.
(a) SAFETY REVIEWS.—Section 31144 of title 49, United States
Code, is amended by adding at the end the following:
‘‘(c) SAFETY REVIEWS OF NEW OPERATORS.—
‘‘(1) IN GENERAL.—The Secretary shall require, by regula-
tion, each owner and each operator granted new operating
authority, after the date on which section 31148(b) is first
implemented, to undergo a safety review within the first 18
months after the owner or operator, as the case may be, begins
operations under such authority.
H. R. 3419—18
‘‘(2) ELEMENTS.—In the regulations issued pursuant to
paragraph (1), the Secretary shall establish the elements of
the safety review, including basic safety management controls.
In establishing such elements, the Secretary shall consider
their effects on small businesses and shall consider establishing
alternate locations where such reviews may be conducted for
the convenience of small businesses.
‘‘(3) PHASE-IN OF REQUIREMENT.—The Secretary shall phase
in the requirements of paragraph (1) in a manner that takes
into account the availability of certified motor carrier safety
auditors.
‘‘(4) NEW ENTRANT AUTHORITY.—Notwithstanding any other
provision of this title, any new operating authority granted
after the date on which section 31148(b) is first implemented
shall be designated as new entrant authority until the safety
review required by paragraph (1) is completed.’’.
(b) MINIMUM REQUIREMENTS.—The Secretary shall initiate a
rulemaking to establish minimum requirements for applicant motor
carriers, including foreign motor carriers, seeking Federal interstate
operating authority to ensure applicant carriers are knowledgeable
about applicable Federal motor carrier safety standards. As part
of that rulemaking, the Secretary shall consider the establishment
of a proficiency examination for applicant motor carriers as well
as other requirements to ensure such applicants understand
applicable safety regulations before being granted operating
authority.
SEC. 211. CERTIFICATION OF SAFETY AUDITORS.
(a) IN GENERAL.—Chapter 311 of title 49, United States Code,
is amended by adding at the end the following:
‘‘§ 31148. Certified motor carrier safety auditors
‘‘(a) IN GENERAL.—Not later than 1 year after the date of
the enactment of this section, the Secretary of Transportation shall
complete a rulemaking to improve training and provide for the
certification of motor carrier safety auditors, including private con-
tractors, to conduct safety inspection audits and reviews described
in subsection (b).
‘‘(b) CERTIFIED INSPECTION AUDIT REQUIREMENT.—Not later
than 1 year after completion of the rulemaking required by sub-
section (a), any safety inspection audit or review required by, or
based on the authority of, this chapter or chapter 5, 313, or 315
of this title and performed after December 31, 2002, shall be con-
ducted by—
‘‘(1) a motor carrier safety auditor certified under sub-
section (a); or
‘‘(2) a Federal or State employee who, on the date of the
enactment of this section, was qualified to perform such an
audit or review.
‘‘(c) EXTENSION.—If the Secretary determines that subsection
(b) cannot be implemented within the 1-year period established
by that subsection and notifies the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives
of the determination and the reasons therefor, the Secretary may
extend the deadline for compliance with subsection (b) by not more
than 12 months.
H. R. 3419—19
‘‘(d) APPLICATION WITH OTHER AUTHORITY.—The Secretary may
not delegate the Secretary’s authority to private contractors to
issue ratings or operating authority, and nothing in this section
authorizes any private contractor to issue ratings or operating
authority.
‘‘(e) OVERSIGHT RESPONSIBILITY.—The Secretary shall have
authority over any motor carrier safety auditor certified under
subsection (a), including the authority to decertify a motor carrier
safety auditor.’’.
(b) CONFORMING AMENDMENT.—The analysis for such chapter
311 is amended by adding at the end the following:
‘‘31148. Certified motor carrier safety auditors.’’.
SEC. 212. COMMERCIAL VAN RULEMAKING.
Not later than 1 year after the date of the enactment of this
Act, the Secretary shall complete Department of Transportation’s
rulemaking, Docket No. FHWA–99–5710, to amend Federal motor
carrier safety regulations to determine which motor carriers oper-
ating commercial motor vehicles designed or used to transport
between 9 and 15 passengers (including the driver) for compensation
shall be covered. At a minimum, the rulemaking shall apply such
regulations to—
(1) commercial vans commonly referred to as ‘‘camionetas’’;
and
(2) those commercial vans operating in interstate commerce
outside commercial zones that have been determined to pose
serious safety risks.
In no case should the rulemaking exempt from such regulations
all motor carriers operating commercial vehicles designed or used
to transport between 9 and 15 passengers (including the driver)
for compensation.
SEC. 213. 24-HOUR STAFFING OF TELEPHONE HOTLINE.
Section 4017 of the Transportation Equity Act for the 21st
Century (49 U.S.C. 31143 note; 112 Stat. 413) is amended—
(1) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively;
(2) by inserting after subsection (b) the following:
‘‘(c) STAFFING.—The toll-free telephone system shall be staffed
24 hours a day 7 days a week by individuals knowledgeable about
Federal motor carrier safety regulations and procedures.’’; and
(3) in subsection (e) (as redesignated by paragraph (1)
of this section)—
(A) by striking ‘‘104(a)’’ and inserting ‘‘104(a)(1)(B)’’;
and
(B) by striking ‘‘for each of fiscal years 1999’’ and
inserting ‘‘for fiscal year 1999 and $375,000 for each of
fiscal years 2000’’.
SEC. 214. CDL SCHOOL BUS ENDORSEMENT.
The Secretary shall conduct a rulemaking to establish a special
commercial driver’s license endorsement for drivers of school buses.
The endorsement shall, at a minimum—
(1) include a driving skills test in a school bus; and
(2) address proper safety procedures for—
(A) loading and unloading children;
(B) using emergency exits; and
(C) traversing highway rail grade crossings.