Tandem Truck Safety Act of 1984
PL 98-554 (S.2217), enacted 10/30/1984

PUBLIC LAW 98-554—OCT. 30, 1984 
98 STAT. 2829 
Public Law 98-554 
98th Congress 
An Act 
To provide for exemptions, based on safety concerns, from certain length and width 
Oct. 30, 1984 
limitations for commercial motor vehicles, and for other purposes. 
[S. 2217] 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
T I T L E I 
Tandem Truck 
Safety Act of 
SHORT TITLE 
1984. 
SEC. 101. This title may be cited as the "Tandem Truck Safety Act 
49 USC app. 2301 
of 1984". 
note. 
EXEMPTION FROM LENGTH REQUIREMENTS 
SEC. 102. Section 411 of the Surface Transportation Assistance Act 
of 1982 (49 U.S.C. App. 2311) is amended by adding at the end 
thereof the following new subsection: 
"(i)(l) If the Governor of a State, after making the consultations 
specified in paragraph (2) of this subsection, determines that any 
specific segment of the National System of Interstate and Defense 
Highways is not capable of safely accommodating motor vehicles 
having the lengths set forth in subsection (a) of this section or motor 
vehicle combinations described in subsection (c) of this section, the 
Governor may notify the Secretary of such determination and re-
quest that the Secretary exempt such segment from one or both of 
such subsections. 
"(2) Before making such notification, the Governor shall consult 
with units of local government within the State in which the specific 
segment of such System is located, as well as the Governor of any 
State adjacent to that State that might be directly affected by such 
exemption. As part of such consultations, consideration shall be 
given to any potential alternative route that— 
"(A) can safely accommodate motor vehicles having the 
lengths set forth in subsection (a) of this section or motor 
vehicle combinations described in subsection (c) of this section; 
and 
"(B) serves the area in which such segment is located. 
"(3) The Governor shall transmit with such notification specific 
evidence of safety problems that supports such determination and 
the results of consultation regarding any alternative route under 
paragraph (2) of this subsection. 
"(4)(A) If the Secretary determines, upon request by a Governor 
under paragraph (1) of this subsection or on the Secretary's own 
initiative, that any segment of the National System of Interstate 
and Defense Highways is not capable of safely accommodating 
motor vehicles having the lengths set forth in subsection (a) of this 
section or motor vehicle combinations described in subsection (c) of 
this section, the Secretary shall exempt such segment from one or 
both of such subsections. Before making such determination, the 
98 STAT. 2830 
PUBLIC LAW 98-554—OCT. 30, 1984 
Secretary shall consider any possible alternative route that serves 
the area in which such segment is located. 
"(B) The Secretary shall make such determination within a period 
of 120 days after the date of receipt of notification from a Governor 
under paragraph (1) of this subsection or the date on which the 
Secretary initiates action under this paragraph, as the case may be, 
with respect to such segment. If the Secretary determines that such 
determination will not be made within such time period, the Secre-
tary shall immediately notify the Congress and shall furnish the 
reasons for the delay, information regarding the resources assigned, 
and the projected completion date, for any such determination. 
"(C) The Secretary shall make such determination only after 
affording interested parties notice and the opportunity for comment. 
Any exemption granted by the Secretary under this paragraph 
before the date on which final rules are issued under subsection (a) 
of this section shall be included as part of such final rules. Any such 
exemption granted on or after such date shall be published as a 
revision of such rules.". 
EXEMPTION FROM WIDTH REQUIREMENTS 
SEC. 103. Section 416 of the Surface Transportation Assistance Act 
of 1982 (49 U.S.C. App. 2316) is amended— 
(1) by redesignating subsection (e) as subsection (f); and 
(2) by inserting after subsection (d) the following new 
subsection: 
"(eXl) If the Governor of a State, after making the consultations 
specified in paragraph (2) of this subsection, determines that any 
specific segment of the National System of Interstate and Defense 
Highways is not capable of safely accommodating motor vehicles 
having the width set forth in subsection (a) of this section, the 
Governor may notify the Secretary of such determination and re-
quest that the Secretary exempt such segment from such subsection 
for the purpose of allowing the State to impose a width limitation of 
less than 102 inches for vehicles (other than buses) on such segment. 
"(2) Before making such notification, the Governor shall consult 
with units of local government within the State in which the specific 
segment of such System is located, as well as the Governor of any 
State adjacent to that State that might be directly affected by such 
exemption. As part of such consultations, consideration shall be 
given to any potential alternative route that— 
"(A) can safely accommodate motor vehicles having the width 
set forth in subsection (a) of this section; 
"(B) serves the area in which such segment is located. 
"(3) The Governor shall transmit with such notification specific 
evidence of safety problems that supports such determination and 
the results of consultation regarding any alternative route under 
paragraph (2) of this subsection. 
"(4XA) If the Secretary determines, upon request by a Governor 
under paragraph (1) of this subsection or on the Secretary's own 
initiative, that any segment of the National System of Interstate 
and Defense Highways is not capable of safely accommodating 
motor vehicles having the width set forth in subsection (a) of this 
section, the Secretary shall exempt such segment from such subsec-
tion for the purpose of allowing the State to impose a width limita-
tion of less than 102 inches for vehicles (other than buses) on such 
segment. Before making such determination, the Secretary shall 
PUBLIC LAW 98-554—OCT. 30, 1984 
98 STAT. 2831 
consider any possible alternative route that serves the area in which 
such segment is located. 
"(B) The Secretary shall make such determination within a period 
of 120 days after the date of receipt of notification from a Governor 
under paragraph (1) of this subsection or the date on which the 
Secretary initiates action under this paragraph, as the case may be, 
with respect to such segment. If the Secretary determines that such 
determination will not be made within such time period, the Secre-
tary shall immediately notify the Congress and shall furnish the 
reasons for the delay, information regarding the resources assigned, 
and the projected completion date, for any such determination. 
"(C) The Secretary shall make such determination only after 
affording interested parties notice and the opportunity for comment. 
Any exemption granted by the Secretary under this paragraph 
before the date on which final rules are issued under subsection (a) 
of this section shall be included as part of such final rules. Any such 
exemption granted on or after such date shall be published as a 
revision of such rules.". 
CONFORMING AMENDMENTS 
SEC. 104. (a) Section 411(a) of the Surface Transportation Assist-
ance Act of 1982 (49 U.S.C. App. 2311(a)) is amended— 
(1) by striking out "No" and inserting in lieu thereof "Except 
as provided in subsection (i) of this section, no"; 
(2) by inserting "(other than a segment exempted under 
subsection (i) of this section)" after "Highways"; and 
(3) by striking out "Secretary," and inserting in lieu thereof 
"Secretary of Transportation (hereinafter in this part referred 
to as the 'Secretary'),". 
O
t
>
) Section 411(c) of the Surface Transportation Assistance Act of 
1982 (49 U.S.C. App. 2311(c)) is amended by inserting "(other than 
a segment exempted under subsection (i) of this section)" after 
"Highways". 
(c) Section 412 of the Surface Transportation Assistance Act of 
1982 (49 U.S.C. App. 2312) is amended by inserting "(other than any 
segment thereof which is exempted under section 411(i) or 416(e) of 
this title)" after "Highway System". 
(d) Section 416(a) of the Surface Transportation Assistance Act of 
1982 (49 U.S.C. App. 2316(a)) is amended— 
(1) by striking out "No" and inserting in lieu thereof "Except 
as provided in subsection (e) of this section, no"; and 
(2) by inserting "(other than a segment exempted under 
subsection (e) of this section)" after "Highways". 
(e) Section 416(d) of the Surface Transportation Assistance Act of 
1982 (49 U.S.C. App. 2316(d)) is amended— 
(1) by inserting "(other than a segment exempted under 
subsection (e) of this section)" after "Highways"; and 
(2) by striking out ", with traffic lanes designed to be a width 
of twelve feet or more". 
DESIGNATION OF HIGHWAYS SUBJECT TO WIDTH LIMITATION 
SEC. 105. Section 416(a) of the Surface Transportation Assistance 
Act of 1982 (49 U.S.C. App. 2316(a)) is amended— 
(1) by inserting after "more" the second place it appears the 
following: ", or any other qualifying Federal-aid Primary 
98 STAT. 2832 
PUBLIC LAW 98-554—OCT. 30, 1984 
System highway designated by the Secretary if the Secretary 
determines that such designation is consistent with highway 
safety"; and 
(2) by adding at the end of such section the following new 
sentence: "After the date of the enactment of this sentence, any 
Federal-aid highway (other than any Interstate highway) which 
was not designated under this subsection on June 5, 1984, may 
be designated under this subsection only with the agreement of 
the Governor of the State in which the highway is located.". 
REASONABLE ACCESS 
SEC. 106. Section 412 of the Surface Transportation Assistance Act 
of 1982 (49 U.S.C. App. 2312) is amended— 
(1) by inserting "(a)" after "Sec. 412."; and 
(2) by striking out the period at the end thereof and inserting 
in lieu thereof the following: "and for any truck tractor-semi-
trailer combination in which the semitrailer has a length not to 
exceed 28 V
2 feet and which generally operates as part of a 
vehicle combination described in section 411(c) of this Act. 
"(b) Nothing in this section shall be construed as preventing any 
State or local government from imposing any reasonable restriction, 
based on safety considerations, on any truck tractor-semitrailer 
combination in which the semitrailer has a length not to exceed 
28 y2 feet and which generally operates as part of a vehicle combina-
Ante, p. 2831. 
tion described in section 411(c) of this Act.". 
Motor Carrier 
T I T L E II 
Safety Act of 
SHORT TITLE 
1984. 
49 use app. 2501 
SEC. 201, This title may be cited as the "Motor Carrier Safety Act 
note. 
of 1984". 
PURPOSES 
49 use app. 
SEC. 202. The purposes of this title are to promote the safe 
2501. 
operation of commercial motor vehicles, to minimize dangers to the 
health of operators of commercial motor vehicles and other employ-
ees whose employment directly affects motor carrier safety, and to 
assure increased compliance with traffic laws and with the commer-
cial motor vehicle safety and health rules, regulations, standards, 
and orders issued pursuant to this Act. 
FINDINGS 
49 use app. 
SEC. 203. The Congress finds that— 
2502. 
(1) it is in the public interest to enhance commercial motor 
vehicle safety and thereby to reduce highway fatalities, injuries, 
and property damage; 
(2) improved, more uniform commercial motor vehicle safety 
measures and strengthened enforcement would reduce the 
number of fatalities and injuries and the level of property 
damage related to commercial motor vehicle operations; 
(3) enhanced protection of the health of commercial motor 
vehicle operators is in the public interest; and 
(4) interested State governments can provide valuable assist-
ance to the Federal Government in assuring that commercial 
motor vehicle operations are conducted safely and healthfully. 
PUBLIC LAW 98-554—OCT. 30, 1984 
98 STAT. 2833 
DEFINITIONS 
SEC. 204. For purposes of this title, the term— 
49 USC app. 
(1) "commercial motor vehicle" means any self-propelled or 
2503. 
towed vehicle used on highways in interstate commerce to 
transport passengers or property— 
(A) if such vehicle has a gross vehicle weight rating of 
10,001 or more pounds; 
(B) if such vehicle is designed to transport more than 15 
passengers, including the driver; or 
(C) if such vehicle is used in the transportation of materi-
als found by the Secretary to be hazardous for the purposes 
of the Hazardous Materials Transportation Act (49 U.S.C. 
App. 1801-1812) and are transported in a quantity requir-
ing placarding under regulations issued by the Secretary 
under such Act; 
(2) "employee" means— 
(A) an operator of a commercial motor vehicle (including 
an independent contractor while in the course of operating 
a commercial motor vehicle); 
(B) a mechanic; 
(C) a freight handler; and 
(D) any individual other than an employer; 
who is employed by an employer and who in the course of his or 
her employment directly affects commercial motor vehicle 
safety, but such term does not include an employee of the 
United States, any State, or any political subdivision of a State 
who is acting within the course of such employment; 
(3) "employer" means any person engaged in a business af-
fecting interstate commerce who owns or leases a commercial 
motor vehicle in connection with that business, or assigns em-
ployees to operate it, but such term does not include the United 
States, any State, or any political subdivision of a State; 
(4) "interstate commerce" means trade, traffic, or transporta-
tion in the United States which is between a place in a State 
and a place outside of such State (including a place outside of 
the United States) or is between two places in a State through 
another State or a place outside of the United States; 
(5) "intrastate commerce" means any trade, traffic, or trans-
portation in any State which is not described in paragraph (4); 
(6) "person" means any individual, partnership, association, 
corporation, business trust, and any other organized group of 
individuals; 
(7) "regulation" includes any rule, standard, and order; 
(8) "Safety Panel" means the Commercial Motor Vehicle 
Safety Regulatory Review Panel established under section 209 
of this Act; 
(9) "Secretary" means the Secretary of Transportation; 
(10) "State" means a State of the United States and the 
District of Columbia and, for purposes of sections 206, 207, 208, 
210, and 218, includes a political subdivision of a State; 
(11) "State law" includes any law enacted or adopted by a 
political subdivision of a State; 
(12) "State regulation" includes any regulation issued by a 
political subdivision of a State; and 
(13) "United States" means the 50 States and the District of 
Columbia. 
98 STAT. 2834 
PUBLIC LAW 98-554—OCT. 30, 1984 
DUTIES 
49 use app. 
SEC. 205. Each employer and employee shall comply with regula-
2504. 
tions pertaining to commercial motor vehicle safety issued by the 
Secretary under this title which are applicable to his or her own 
actions and conduct. 
FEDERAL REGULATIONS 
49 use app. 
SEC. 206. (a) Not later than 18 months after the date of the 
2505. 
enactment of this Act, the Secretary shall issue regulations pertain-
ing to commercial motor vehicle safety. Such regulation shall 
establish minimum Federal safety standards for commercial motor 
vehicles and shall, at a minimum, ensure that— 
(1) commercial 
motor vehicles are safely 
maintained, 
equipped, loaded, and operated; 
(2) the responsibilities imposed upon operators of commercial 
motor vehicles do not impair their ability to operate such 
vehicles safely; 
(3) the physical condition of operators of commercial motor 
vehicles is adequate to enable them to operate such vehicles 
safely; and 
(4) the operation of commercial motor vehicles does not have 
deleterious effects on the physical condition of such operators. 
0)) The Secretary shall not eliminate or modify any existing motor 
carrier safety rule pertaining exclusively to the maintenance, equip-
ment, loading or operation (including routing regulations) of vehi-
cles carrying materials found to be hazardous for the purposes of the 
Hazardous Materials Transportation Act (49 U.S.C. App. 1801-1812) 
unless and until an equivalent or more stringent regulation has 
been promulgated under the Hazardous Materials Transportation 
Act. 
(c)(1) All regulations under this section shall be issued in accord-
ance with section 553 of title 5, United States Code (without regard 
to sections 556 and 557 of such title), except that the time periods 
specified in this subsection shall apply to the issuance of such 
regulations. 
(2) Before issuing such regulations, the Secretary shall, to the 
extent practicable and consistent with the purposes of this Act, 
consider (A) costs and benefits, and (B) State laws and regulations 
pertaining to commercial motor vehicle safety in order to minimize 
unnecessary preemption of such State laws and regulations under 
this Act. 
(d) If the Secretary determines that any proceeding initiated to 
issue any regulation under this section will not be completed within 
18 months after the date of the enactment of this Act, the Secretary 
shall immediately notify the Congress and shall furnish the reasons 
for the delay, information regarding the resources assigned, and the 
projected completion date for any such proceeding. The Secretary 
shall transmit to the Congress current data regarding the informa-
tion specified in the preceding sentence at the end of every 60-day 
period thereafter during which any such proceeding remains 
incomplete. 
(e) If the Secretary does not issue regulations pertaining to com-
mercial motor vehicle safety in accordance with this section, regula-
tions pertaining to commercial motor vehicle safety which the 
Secretary issued before such date of enactment and in effect on such 
PUBLIC LAW 98-554—OCT. 30, 1984 
98 STAT. 2835 
date of enactment shall, for purposes of this title, be deemed to be 
regulations issued by the Secretary under this section. 
(f) After notice and an opportunity for comment, the Secretary 
may waive, in whole or in part, application of any regulation issued 
under this section with respect to any person or class of persons if 
the Secretary determines that such waiver is not contrary to the 
public interest and is consistent with the safe operation of commer-
cial motor vehicles. Under this subsection, the Secretary shall waive 
application of the regulations issued under this section with respect 
to schoolbuses, as defined in section 102(14) of the National Traffic 
and Motor Vehicle Safety Act of 1966 (15 U.S.C. 1391(14)), unless the 
Secretary determines that making such regulations applicable to 
such schoolbuses is necessary for public safety taking into account 
all Federal and State laws applicable to such schoolbuses. Any 
waiver authorized under this subsection shall be published in the 
Federal Register, together with the reasons for such waiver. 
(g) Any final agency action taken under this section shall be 
subject to judicial review under chapter 7 of title 5, United States 
Code. 
5 u s e 701 et seq. 
(h) Section 3102 of title 49, United States Code, is amended by 
adding at the end thereof the following new subsection: 
"(d) Before prescribing or revising any requirement under this 
section, the Secretary shall consider the costs and benefits of such 
requirement.". 
SUBMISSION OF STATE REGULATIONS FOR REVIEW 
SEC. 207. (a) Any State which enacts, adopts, issues, or has in 
49 USC app 
effect any law or regulation pertaining to commercial motor vehicle 
safety and is interested in having in effect and enforcing such law or 
regulation after the last day of the 60-month period beginning on 
the date of the enactment of this Act shall, before the last day of the 
6-month period beginning on such date of enactment, submit to the 
Secretary and the Safety Panel a copy of such law or regulation. 
(b) Any State which enacts, adopts, or issues any law or regulation 
pertaining to commercial motor vehicle safety after the last day of 
the 6-month period beginning on the date of the enactment of this 
Act shall (immediately after such enactment, adoption, or issuance) 
submit to the Secretary and the Safety Panel a copy of such law or 
regulation. 
(c) Not later than 60 days after the date of the enactment of this 
Act, the Secretary shall issue initial guidelines to assist the States in 
compiling and submitting State laws and regulations and other 
information under this section. 
(d) As soon as practicable but not later than such time as the 
Safety Panel may establish, any State which submits a law or 
regulation under this section to the Safety Panel— 
(1) shall indicate, in writing, to the Safety Panel if such law or 
regulation— 
(A) has the same effect as; 
(B) is less stringent than; or 
(C) additional to or more stringent than; 
any regulation issued by the Secretary under section 6; and 
(2) shall submit to the Safety Panel such other information as 
the Safety Panel or the Secretary may require to carry out the 
objectives of this title. 
2506. 
98 STAT. 2836 
PUBLIC LAW 98-554—OCT. 30, 1984 
(e) If any State fails to submit any State law or regulation 
pertaining to commercial motor vehicle safety in accordance with 
this section, the Safety Panel shall analyze the laws and regulations 
of such State and determine which of such State's laws and regula-
tions pertain to commercial motor vehicle safety. 
REVIEW AND PREEMPTION OF STATE REGULATIONS 
49 use app. 
SEC. 208. (a) After the last day of the 60-month period beginning 
2507. 
on the date of the enactment of this Act, no State may have in effect 
or enforce with respect to commercial motor vehicles any State law 
or regulation pertaining to commercial motor vehicle safety which 
the Secretary finds under this section may not be in effect and 
enforced. 
Ot))(l) Not later than 18 months after the date of the enactment of 
this Act and annually thereafter, the Safety Panel shall analyze the 
laws and regulations of each State and determine which of such 
laws and regulations pertain to commercial motor vehicle safety. 
(2) Within 12 months after the date on which the Secretary issues 
any regulation under section 206 or within 12 months after the date 
on which a State law or regulation is determined under paragraph 
(1) to pertain to commercial motor vehicle safety, whichever is later, 
the Safety Panel— 
(A) shall determine if such law or regulation— 
(i) h£is the same effect as; 
(ii) is less stringent than; or 
(iii) is additional to or more stringent than; 
the regulation issued by the Secretary under section 206; and 
(B) shall determine with respect to any State law or regula-
tion which is determined under subparagraph (A) to be addi-
tional to or more stringent than the regulation issued by the 
Secretary under section 206 i
f
— 
(i) there is no safety benefit associated with such State 
law or regulation; 
(ii) such State law or regulation is incompatible with the 
regulation issued by the Secretary under section 206; or 
(iii) enforcement of such State law or regulation would be 
an undue burden on interstate commerce; and 
(C) shall notify the Secretary of the determinations made 
under this subsection with respect to such State law or 
regulation. 
(c)(1) The Secretary shall review each State law and regulation 
Regulations. 
pertaining to commercial motor vehicle safety. Within 18 months 
after the date the Secretary is notified by the Safety Panel of a 
determination regarding a State law or regulation under subsection 
(b), the Secretary (A) shall conduct a rulemaking proceeding to 
determine in accordance with the provisions of this subsection 
whether or not such law or regulation may be in effect and enforced 
with respect to commercial motor vehicles, and (B) shall issue a final 
rule in such rulemaking proceeding. 
(2) If the Secretary finds that the State law or regulation has the 
same effect as a regulation issued by the Secretary under section 
206, the State law or regulation may be in effect and enforced with 
respect to commercial motor vehicles after the last day of the 60-
month period beginning on the date of the enactment of this Act. 
(3) If the Secretary finds that the State law or regulation is less 
stringent than a regulation issued by the Secretary under section 
PUBLIC LAW 98-554—OCT. 30, 1984 
98 STAT. 2837 
206, the State law or regulation shall not have effect and be enforced 
with respect to commercial motor vehicles after the last day of the 
60-month period beginning on the date of the enactment of this Act. 
(4) If the Secretary finds that the State law or regulation is 
additional to or more stringent than a regulation issued by the 
Secretary under section 206, the State law or regulation may be in 
effect and enforced with respect to commercial motor vehicles after 
the last day of the 60-month period beginning on the date of the 
enactment of this Act; except that if the Secretary finds that— 
(A) there is no safety benefit associated with such State law or 
regulation; 
(B) such State law or regulation is incompatible with the 
regulation issued by the Secretary under section 6; or 
(C) enforcement of such State law or regulation would be an 
undue burden on interstate commerce; 
such State law or regulation shall not have effect and be enforced 
with respect to commercial motor vehicles after the last day of such 
60-month period. 
(5)(A) In making any determination with respect to any State law 
or regulation under this subsection, the Secretary shall give great 
weight to the corresponding determination made by the Safety 
Panel with respect to such State law or regulation under subsection 
(b). 
(B) In determining under paragraph (4) whether or not a law or 
regulation of a State will unduly burden interstate commerce, the 
Secretary may consider the effect upon interstate commerce of 
implementation of such law or regulation along with implementa-
tion of all similar laws and regulations of other States. 
(d)(1) Any person (including any State) may petition the Secretary 
for a waiver from a determination of the Secretary that a State law 
or regulation may not be in effect and enforced under this section. 
The Secretary shall grant such waiver, as expeditiously as possible, 
if such person demonstrates to the satisfaction of the Secretary that 
such waiver is not contrary to the public interest and is consistent 
with the safe operation of commercial motor vehicles. 
(2) The decision to grant or deny a petition for a waiver submitted 
under this subsection shall only be made after the Secretary has 
afforded the petitioner an opportunity for a hearing on the record. 
(e) The Secretary may consolidate rulemaking proceedings under 
this section if the Secretary determines that such consolidation will 
not adversely affect any party to any of such proceedings. 
(f) Not later than 10 days after making a determination under 
subsection (c) that a State law or regulation may not be in effect and 
enforced, the Secretary shall notify, in writing, such State of such 
determination. 
(g)(1) Not later than 60 days after the Secretary makes a determi- 
Courts, U.S. 
nation under subsection (c) with respect to a State law or regulation 
or grants or denies a petition for a waiver under subsection (d), any 
person (including any State) adversely affected by such determina-
tion or the grant or denial of such petition may file, with the United 
States court of appeals for the District of Columbia or for the circuit 
in which such person resides or has his principal place of business a 
petition for judicial review of such determination or the grant or 
denial of such petition. 
(2) Upon the filing of a petition under paragraph (1) of this 
subsection, the court shall have jurisdiction to review in accordance 
with chapter 7 of title 5, United States Code, such determination or 
5 use 70i et seq. 
98 STAT. 2838 
PUBLIC LAW 98-554—OCT. 30, 1984 
the grant or denial of the petition for such waiver and to grant 
appropriate relief, including interim relief, as provided in such 
chapter. 
(3) The judgment of the court affirming or setting aside, in whole 
or in part, any such determination or the grant or denial of the 
petition for such waiver shall be final, subject to review by the 
Supreme Court of the United States upon certiorari or certification, 
as provided in section 1254 of title 28, United States Code. 
(4) The remedies provided for in this subsection shall be in addi-
tion to and not in lieu of any other remedies provided by law. 
(h) The Secretary may extend, for an additional period not to 
exceed 12 months, the 60-month period referred to in section 207(a) 
and subsections (a) and (c) of this section. 
(i) After the last day of the 48-month period beginning on the date 
of the enactment of this Act, the Secretary, on his or her own 
initiative or on petition of any interested person (including any 
State), may initiate a rulemaking proceeding to review under this 
section any State law or regulation pertaining to commercial motor 
vehicle safety. 
COMMERCIAL MOTOR VEHICLE SAFETY REGULATORY REVIEW PANEL 
49 use app. 
SEC. 209. (a) As soon as practicable after the date of enactment of 
2508. 
this Act, the Secretary shall establish a panel to analyze and review 
State laws and regulations under sections 207 and 208 of this Act. 
The panel established under this section shall be known as the 
"Commercial Motor Vehicle Safety Regulatory Review Panel". 
(b) The Safety Panel shall— 
(1) carry out those duties designated to be carried out by the 
Safety Panel under sections 207 and 208 of this Act; 
(2) conduct a study— 
(A) to evaluate the need, if any, for any additional Fed-
eral assistance to the States to enable the States to enforce 
the regulations issued by the Secretary under section 206; 
and 
(B) to determine other methods of furthering the objec-
tives of this title; and 
(3) make recommendations to the Secretary based on the 
results of such study. 
(c) The Safety Panel shall be composed of 15 members as follows: 
(1) The Secretary or his or her delegate. 
(2) Seven individuals appointed by the Secretary from among 
persons who represent the interests of States and political 
subdivisions thereof and whose names have been submitted to 
the Secretary by the Committee on Commerce, Science, and 
Transportation of the Senate or the Committee on Public Works 
and Transportation of the House of Representatives. 
(3) Seven individuals appointed by the Secretary from among 
persons who represent the interests of business, consumer, 
labor, and safety groups and whose names have been submitted 
to the Secretary by the Committee on Commerce, Science, and 
Transportation of the Senate or the Committee on Public Works 
and Transportation of the House of Representatives. 
The Secretary shall select the individuals to be appointed under this 
subsection on the basis of their knowledge, expertise, or experience 
regarding commercial motor vehicle safety. Half of such appoint-
ments shall be made from names submitted by the Committee on 
PUBLIC LAW 98-554—OCT. 30, 1984 
98 STAT. 2839 
Commerce, Science, and Transportation of the Senate, and the other 
half of such appointments, from names submitted by the Committee 
on PubHc Works and Transportation of the House of Representa-
tives. Each of such committees shall submit to the Secretary the 
names of twenty individuals qualified to serve on the Safety Panel. 
(d)(1) A vacancy in the Safety Panel shall not affect its powers but 
shall be filled in the manner in which the original appointment was 
made. 
(2) Eight members of the Safety Panel shall constitute a quorum, 
but the Council may establish a lesser number as a quorum for the 
purpose of holding hearings, taking testimony, and receiving 
evidence. 
(3) The Chairman of the Safety Panel shall be the Secretary. 
(4) The Safety Panel shall meet at the call of the Chairman or a 
majority of its members. 
(5) Members of the Safety Panel shall be appointed for a term of 
seven years. 
(6) Members of the Safety Panel shall serve without pay, except 
that they shall receive per diem and travel expenses in accordance 
with section 5703 of title 5, United States Code. 
(e) Upon request of the Safety Panel, the Secretary shall detail 
such of the personnel of the Department of Transportation to the 
Safety Panel as may be necessary to assist the Safety Panel in 
carrying out its duties under this title. 
(f) Upon request of the Safety Panel, the Secretary shall provide 
such office space, supplies, equipment, and other support services to 
the Safety Panel and its staff as may be necessary for the Safety 
Panel to carry out its duties under this title. 
(g) The Safety Panel or any member authorized by the Safety 
Panel may, for the purpose of carrying out the duties of the Safety 
Panel under this title, hold such hearings, sit and act at such time 
and places, take such testimony, and take such other actions as the 
Safety Panel or such member may deem advisable to carry out 
the duties of the Safety Panel under this title. Any member of the 
Safety Panel may administer oaths or affirmations to witnesses 
appearing before the Safety Panel or before such member. 
(h) Subject to such rules as the Safety Panel may prescribe, the 
Chairman of the Safety Panel may procure temporary and intermit-
tent services under section 3109(b) of title 5, United States Code. 
INSPECTION 
SEC. 210. (a) Upon the instruction of a duly authorized State or 
49 USC app. 
Federal enforcement official, each commercial motor vehicle shall 
2509. 
be required to pass an inspection of all safety equipment required 
under part 393 of subchapter B of chapter III of title 49, Code of 
Federal Regulations. 
(b) The Secretary shall, by rule, establish Federal standards for 
Regulations. 
inspections of commercial motor vehicles and retention by employ-
ers of records of such inspections. Such standards shall provide for 
annual or more frequent inspections of commercial motor vehicles 
unless the Secretary finds that another inspection system is as 
effective as an annual or more frequent inspection system. For 
purposes of this title, such standards shall be deemed to be regula-
tions issued by the Secretary under section 206. 
(c) Not later than 60 days after the date of the enactment of this 
Act, the Secretary shall initiate a rulemaking to afford interested 
98 STAT. 2840 
PUBLIC LAW 98-554—OCT. 30, 1984 
Federal 
Register, 
publication. 
Effective date. 
49 u s e app. 
2302. 
parties an opportunity to comment on such part 393 and the inspec-
tion and retention procedures established pursuant to subsection (b) 
of this section. Amendments to the regulations shall be issued and 
published in the Federal Register not later than one year after such 
rulemaking is initiated. The amended regulations shall become 
effective on the date on which they are published in the Federal 
Roister. 
(dXl) Except as provided in paragraph (2), nothing in section 402 of 
the Surface Transportation Assistance Act of 1982 or section 208 or 
any other provision of this title shall be construed as— 
(A) preventing any State or voluntary group of States from 
imposing more stringent standards for use in their own periodic 
roadside inspection programs of commercial motor vehicles; 
(B) preventing any State from having in effect and enforcing a 
program for inspection of commercial motor vehicles which the 
Secretary determines is as effective as the Federal standards 
established under subsection 0>); 
(C) preventing any State from having in effect and enforcing a 
program for inspection of commercial motor vehicles which 
meets the requirements for membership in the Commercial 
Vehicle Safety Alliance as such requirements were in effect on 
the date of the enactment of this Act; and 
(D) requiring any State which has in effect and is enforcing a 
program described in subparagraph (B) or (C) to enforce any 
Federal standard established under subsection (b) or to adopt 
any provision pertaining to inspection of commercial motor 
vehicles in addition to such program in order to comply with 
such Federal standards. 
(2) If, after notice and an opportunity for a hearing, the Secretary 
determines that any State which has in effect and is enforcing a 
p n ^ a m described in paragraph (IXC) of this subsection is not 
enforcing such program in a manner which achieves the objectives 
of this section, and if, after making such determination, the Secre-
tary provides such State with a six month period in which to 
improve the enforcement of such program to achieve the objectives 
of this section, the Federal standards established under subsection 
Ob) shall preempt such program with respect to the inspection of 
commercial motor vehicles in such State and such program shall not 
be in effect and enforced with respect to such vehicles. 
(e) A periodic inspection of a commercial motor vehicle in accord-
ance with the Federal standards established under subsection Ot)) or 
in accordance with a program described in subparagraph (B) or (C) 
of subsection (dXD which is in effect and being enforced shall be 
recognized as adequate in every State for the period of such inspec-
tion. The provisions of this subsection shall not be deemed to 
prohibit a State from making random inspections of commercial 
motor vehicles. 
(f) The Federal standards established under subsection 0)) shall 
have no effect and shsdl not be enforced with respect to the inspec-
tion of commercial motor vehicles in any State which has in effect 
and is enforcing a program described in subparagraph (B) or (C) of 
subsection (dXl) if the Secretary determines that such Federal 
standards not having effect and being enforced with respect to such 
inspection is in the public interest and consistent with public safety. 
PUBLIC LAW 98-554—OCT. 30, 1984 
98 STAT. 2841 
POWERS OF THE SECRETARY 
SEC. 211. (a) The Secretary may conduct, directly or indirectly, 
such studies and such development, demonstration, and training 
activities as the Secretary considers appropriate to develop regula-
tions authorized to be issued under section 206 of this title, to design 
and develop improved enforcement procedures and technologies, 
and to familiarize affected persons with such regulations. 
O
b
) In carrying out the Secretary's functions under this title, the 
Secretary is authorized to perform such acts (including conducting 
investigations and inspections; compiling statistics; making reports; 
issuing subpenas; requiring production of documents, records, and 
property; taking depositions; holding hearings; prescribing record-
keeping and reporting requirements; and carrying out and contract-
ing for studies, development, testing, evaluation, and training) as 
the Secretary determines necessary to carry out the provisions of 
this title, or regulations issued pursuant to section 402 of the 
Surface Transportation Assistance Act of 1982 (49 U.S.C. 2302). The 
Secretary may delegate to a State which is receiving a grant under 
such section such functions respecting the enforcement (including 
investigations) of the provisions of this title and regulations issued 
under this title as the Secretary determines appropriate to carry out 
such provisions and regulations. 
(c) To carry out the Secretary's inspection and investigation func-
tions under subsection Ot)) of this section, the Secretary or the 
Secretary's agent shall, as appropriate, consult with employers and 
employees and their duly authorized representatives, and shall offer 
them a right of accompaniment. 
49 u s e app. 
2510. 
DUTY TO INVESTIGATE COMPLAINTS; PROTECTION OF COMPLAINANTS 
SEC. 212. (a) The Secretary shall timely investigate any nonfrivo-
lous written complaint alleging that a substantial violation of any 
regulation issued under this title is occurring or has occurred within 
the preceding 60 days. The complainant shall be timely notified of 
findings resulting from such investigation. The Secretary shall 
not be required to conduct separate investigations of duplicative 
complaints. 
Ot)) Notwithstanding the provisions of section 552 of title 5, United 
States Code, the Secretary shall not disclose the identity of com-
plainants unless it is determined that such disclosure is necessary to 
prosecute a violation. If disclosure becomes necessary, the Secretary 
shall take every practical measure within the Secretary's authority 
to assure that the complainant is not subject to harassment, intimi-
dation, disciplinary action, discrimination, or financial loss as a 
result of such disclosure. 
PENALTIES 
SEC. 213. (a) Section 507 of title 49, United States Code, is 
amended— 
(1) by redesignating subsections (c) and (d), and any references 
thereto, as subsections (d) and (e), respectively; and 
(2) by inserting after subsection O
t
>
) the following new 
subsection: 
"(c) The Attorney General, at the request of the Secretary, may 
bring an action in an appropriate district court of the United States 
for equitable relief to redress a violation by any person of a provi-
49 u s e app. 
2511. 
eonfidentiality. 
eourts, U.S. 
98 STAT. 2842 
PUBLIC LAW 98-554—OCT. 30, 1984 
sion of section 3102 of this title or the Motor Carrier Safety Act of 
Ante, p. 2832. 
1984, or an order or regulation issued under such section or Act. 
Such district court shall have jurisdiction to determine any such 
action and may grant such relief as is necessary or appropriate, 
including mandatory or prohibitive injunctive relief, interim equita-
ble relief, and punitive damages.". 
(b) Section 52103) of title 49, United States Code, is amended to 
read as follows: 
"0))(1) If the Secretary finds that a violation of section 3102 of this 
49 use 3102. 
title or the Motor Carrier Safety Act of 1984, or a violation of a 
regulation issued under such section or Act, has occurred, the 
Secretary shall issue a written notice to the violator. Such notice 
shall describe with reasonable particularity the nature of the viola-
tion found and the provision which has been violated. The notice 
shall fix a reasonable time for abatement of the violation, specify 
the proposed civil penalty, if any, and suggest actions which might 
be taken in order to abate the violation. The notice shall indicate 
that the violator may, within 15 days of service, notify the Secretary 
of the violator's intention to contest the matter. In the event of a 
contested notice, the Secretary shall afford such violator an opportu-
nity for a hearing, pursuant to section 554 of title 5, following which 
the Secretary shall issue an order affirming, modifying, or vacating 
the notice of violation. 
"(2) Except as otherwise provided in this subsection, any person 
who is determined by the Secretary, after notice and opportunity for 
a hearing, to have committed an act which is a violation of a 
recordkeeping requirement issued by the Secretary pursuant to 
section 3102 of this title or the Motor Carrier Safety Act of 1984 
shall be liable to the United States for a civil penalty not to exceed 
$500 for each offense. Each day of a violation shall constitute a 
separate offense, except that the total of all civil penalties assessed 
against any violator for all offenses relating to any single violation 
shall not exceed $2,500. If the Secretary determines that a serious 
pattern of safety violations, other than recordkeeping requirements, 
exists or has occurred, the Secretary may assess a civil penalty not 
to exceed $1,000 for each offense; except that the maximum fine for 
each such pattern of safety violations shall not exceed $10,000. If the 
Secretary determines that a substantial health or safety violation 
exists or has occurred which could reasonably lead to, or has 
resulted in, serious personal injury or death, the Secretary may 
assess a civil penalty not to exceed $10,000 for each offense. Notwith-
standing any other provision of this section, except for recordkeep-
ing violations, no civil penalty shall be assessed under this section 
against an employee for a violation unless the Secretary determines 
that such employee's actions constituted gross negligence or reckless 
disregard for safety, in which case such employee shall be liable for 
a civil penalty not to exceed $1,000. The amount of any civil penalty, 
and a reasonable time for abatement of the violation, shall by 
written order be determined by the Secretary, taking into account 
the nature, circumstances, extent, and gravity of the violation com-
mitted and, with respect to the violator, the degree of culpability, 
history of prior offenses, ability to pay, effect on ability to continue 
to do business, and such other matters as justice and public safety 
may require. In each case, the assessment shall be calculated to 
induce further compliance. 
"(3) The Secretary may require any violator served with a notice 
of violation to post a copy of such notice or statement of such notice 
PUBLIC LAW 98-554—OCT. 30, 1984 
98 STAT. 2843 
in such place or places and for such duration as the Secretary may 
determine appropriate to aid in the enforcement of section 3102 of 
this title or the Motor Carrier Safety Act of 1984, as the case may be. 
"(4) Such civil penalty may be recovered in an action brought by 
the Attorney General on behalf of the United States in the appropri-
ate district court of the United States or, before referral to the 
Attorney General, such civil penalty may be compromised by the 
Secretary. 
"(5XA) If, upon inspection or investigation, the Secretary deter-
mines that a violation of section 3102 of this title or the Motor 
Carrier Safety Act of 1984 or a regulation issued under such section 
or Act, or combination of such violations, poses an imminent hazard 
to safety, the Secretary shall order a vehicle or employee operating 
such vehicle out of service, or order an employer to cease all or part 
of the employer's commercial motor vehicle operations. In making 
any such order, the Secretary shall impose no restriction on any 
employee or employer beyond that required to abate the hazard. 
Subsequent to the issuance of the order, opportunity for review shall 
be provided in accordance with section 554 of title 5, except that 
such review shall occur not later than 10 days after issuance of such 
order. 
"(B) In this paragraph, 'imminent hazard' means any condition of 
vehicle, employee, or commercial motor vehicle operations which is 
likely to result in serious injury or death if not discontinued 
immediately. 
"(6) Any person who knowingly and willfully violates any provi-
sion of section 3102 of this title, the Motor Carrier Safety Act of 
1984, or a regulation issued under such section or Act shall, upon 
conviction, be subject for each offense for a fine not to exceed 
$25,000 or imprisonment for a term not to exceed one year, or both, 
except that, if such violator is an employee, the violator shall only 
be subject to penalty if, while operating a commercial motor vehicle, 
the violator's activities have led or could have led to death or serious 
injury, in which case the violator shall be liable, upon conviction, for 
a fine not to exceed $2,500. 
"(7) The Secretary shall issue regulations establishing penalty 
schedules designed to induce timely compliance for persons failing 
to comply promptly with the requirements set forth in any notices 
and orders under this subsection. 
"(8) Any aggrieved person who, after a hearing, is adversely 
affected by a final order issued under this section may, within 30 
days, petition for review of the order in the United States Court of 
Appeals in the circuit wherein the violation is alleged to have 
occurred or where the violator has his principal place of business or 
residence, or in the United States Court of Appeals for the District 
of Columbia Circuit. Review of the order shall be based on a 
determination of whether the Secretary's findings and conclusions 
were supported by substantial evidence, or were otherwise not in 
accordance with law. No objection that has not been urged before 
the Secretary shall be considered by the court, unless reasonable 
grounds existed for failure or neglect to do so. The commencement 
of proceedings under this subsection shall not, unless ordered by the 
court, operate as a stay of the order of the Secretary. 
"(9) All penalties and fines collected under this section shall be 
deposited into the Highway Trust Fund (other than the Mass Tran-
sit Account). 
49 u s e 3102. 
Ante, p. 2832. 
Courts, U.S. 
Regulations. 
Courts, U.S. 
98 STAT. 2844 
PUBLIC LAW 98-554—OCT. 30, 1984 
18 u s e app. 
Ante, p. 2833. 
Study. 
49 u s e 521 note. 
Report. 
"(10) In any action brought under this section, process may be 
served without regard to the territorial limits of the district of the 
State in which the action is brought. 
"(11) In any proceeding for criminal contempt for violation of an 
injunction or restraining order issued under this section, trial shall 
be by the court, or, upon demand of the accused, by a jury, con-
ducted in accordance with the provisions of rule 42(b) of the Federal 
Rules of Criminal Procedure. 
"(12) The provisions of this subsection shall not affect any provi-
sion of the Hazardous Materials Transportation Act (49 U.S.C. App. 
1801-1812) or any regulation promulgated by the Secretary under 
such Act. 
"(13) As used in this subsection, the terms 'commercial motor 
vehicle', 'employee', 'employer', and 'State' have the meaning such 
terms have under section 4 of the Motor Carrier Safety Act of 
1984.". 
(c) Section 526 of title 49, United States Code, is amended— 
(1) by inserting after "chapter" the first place it appears the 
following: ", section 3102 of this title, or the Motor Carrier 
Safety Act of 1984"; and 
(2) by inserting after "chapter" the second and third places it 
appears the following: "or such section or Act". 
(d) The Secretary shall conduct a study of the effectiveness of the 
civil and criminal penalties established by the amendments made by 
this section in deterring violations of the commercial motor vehicle 
safety regulations issued under this title and in effectively prosecut-
ing such violations when they occur. Such study shall examine the 
effectiveness of penalties in effect before the date of enactment of 
this Act in comparison to the penalties established by the amend-
ments made by by this title. Such study shall also investigate the 
need for, and make recommendations concerning, increased fine 
levels for civil and criminal penalties, and the need for additional 
categories of civil and criminal penalties to deter further, and 
prosecute effectively, violations of such commercial motor vehicle 
safety regulations. 'The Secretary shall submit to Congress a report 
on the findings of this study, together with legislative recommenda-
tions, not later than 2 years after the date of enactment of this Act. 
UTIGATION AUTHORITY 
SEC. 214. Section 413 of Surface Transportation Assistance Act of 
49 use 
1982 (49 U.S.C. 2313) is amended by striking "The Secretary, or, on" 
app. 2313. 
and inserting in lieu thereof "On". 
Regulations. 
49 u s e app. 
2512. 
CERTIFICATION OF SAFETY FITNESS 
SEC. 215. (a) The Secretary, in cooperation with the Interstate 
Commerce Commission, shall by rule, after notice and opportunity 
for comment, establish a procedure to determine the safety fitness of 
owners and operators of commercial motor vehicles, including per-
sons seeking new or additional operating authority as motor carriers 
under sections 10922 and 10923 of title 49, United States Code. Such 
procedure shall include— 
(1) specific initial and continuing requirements to be met by 
such persons to prove safety fitness; 
(2) a means of determining whether such persons meet the 
safety fitness requirements specified under paragraph (1); and 
PUBLIC LAW 98-554—OCT. 30, 1984 
98 STAT. 2845 
(3) specific time deadlines for action by the Department of 
Transportation and the Interstate Commerce Commission in 
making fitness determinations. 
(b) Not later than one year after the date of the enactment of this 
Act, the Secretary shall submit to Congress a copy of the procedure 
established under subsection (a) of this section. 
(c) The rules adopted under this section shall supersede all Fed-
eral rules regarding safety fitness and safety rating of motor carri-
ers in effect on the date of enactment of this Act. 
(d) Notwithstanding any other provision of law, the Interstate 
Commerce Commission (1) shall find any applicant for authority to 
operate as a motor carrier to be unfit if the applicant does not meet 
the safety fitness requirements established under subsection (a) of 
this section, and (2) shall deny such application. 
HEAVY TRUCK STUDY 
SEC. 216. (a) The Secretary shall undertake a comprehensive study 
of safety characteristics of heavy trucks, the unique problems re-
lated to heavy trucks, and the manner in which such trucks are 
driven. Such study shall include an examination of the handling, 
braking, stability, and creishworthiness of heavy trucks, and an 
examination of the programs and needs of enforcement agencies to 
assure compliance with traffic laws by commercial motor vehicle 
drivers. In carrying out such study, the Secretary shall consult with 
truck manufacturers, employee representatives, truck operators, 
and other interested parties. Not later than September 30, 1986, the 
Secretary shall submit to the Congress a report on the findings of 
such study. 
(b) There are authorized to be appropriated for fiscal years 1986 
and 1987 such sums as may be necessary to conduct the study 
required under subsection (a) of this section. 
49 u s e app. 
2513. 
Report. 
Appropriation 
authorization. 
TRUCK OCCUPANT PROTECTION 
SEC. 217. (a) The Secretary shall make a full investigation and 
study of crash protection for truck occupants. Such study shall 
examine potential and known hazards to truck occupants and 
means of improving truck-occupant safety. Such study shall also 
include potential performance standards, if any, to be met by truck 
manufacturers. In carrying out such study, the Secretary shall 
consult with truck manufacturers, employee representatives, truck 
operators, and other interested parties. The Secretary shall submit 
to Congress a report on the findings of this investigation and study 
not later than two years after the date of the enactment of this Act. 
Qj) There are authorized to be appropriated for fiscal years 1986 
and 1987 such sums as may be necessary to undertake the study 
required by subsection (a) of this section. 
STUDY OF SAFETY PERFORMANCE OF COMMERCIAL MOTOR VEHICLES 
SEC. 218. (a) The Secretary shall conduct a study of the safety 
performance of commercial motor vehicles. The study shall examine 
the effectiveness of individual State regulations governing the oper-
ations of such vehicles in promoting safety. Such study shall also 
investigate the need to subject such operations, in whole or in part, 
to the commercial motor vehicle safety regulations issued under this 
title. The Secretary shall submit to Congress a report on the find-
Study. 
49 u s e app. 
2514. 
Report. 
Appropriation 
authorization. 
49 u s e app. 
2515. 
Report. 
98 STAT. 2846 
PUBLIC LAW 98-554—OCT. 30, 1984 
ings of the investigation and study conducted under this subsection 
not later than two years after the date of the enactment of this Act. 
(b) For purposes of this subsection, the term "commercial motor 
vehicle" means any self-propelled or towed vehicle used on high-
ways in intrastate commerce to transport passengers or property if 
such vehicle is described in subparagraph (A), (B), or (C) of section 
204(1) of this Act. 
49 u s e app. 
2516. 
Report. 
Appropriation 
authorization. 
STUDY OP SAFETY-RELATED DEVICES 
SEC. 219. (a) The Secretary shall conduct a study of the effective-
ness of existing regulations regarding emergency warning devices 
required to be carried on buses, trucks, truck-tractors, and motor-
driven vehicles which are involved in emergency situations. Such 
study shall also investigate the potential costs and benefits of 
requiring passenger automobile operators to carry emergency warn-
ing devices, and shall examine the relative benefits of various types 
of warning devices in enhancing highway safety. The Secretary shall 
submit to the Congress a report containing the findings of this study 
not later than 18 months after the date of the enactment of this Act. 
O
t
>
) There are authorized to be appropriated for fiscal years 1986 
and 1987 such sums as may be necessary to undertake the study 
required by this section. 
SAFETY STUDY; FEDERAL COORDINATION 
49 use app. 
SEC. 220. (a) The Secretary, in consultation with the Director of 
2517. 
the National Institute for Occupational Safety and Health and the 
Secretary of Labor, shall undertake a study of significant health 
hEizards to which employees engaged in the operation of commercial 
motor vehicles are exposed, and shall develop such materials and 
information as are necessary to enable such employees to carry out 
their employment in a place and manner free from recognized 
hazards that are causing or are likely to cause death or serious 
physical harm. The study shall include findings regarding the most 
appropriate method for regulating and protecting the health of 
operators of commercial motor vehicles. The findings of such study 
shall be submitted to the Congress within one year after the date of 
the enactment of this Act. 
(b) The Secretary shall coordinate the activities of Federal agen-
cies to ensure adequate protection of the safety and health of 
operators of commercial motor vehicles. The Secretary shall attempt 
to minimize paperwork burdens to assure maximum coordination 
and to avoid overlap and the imposition of undue burdens on 
persons subject to regulations under this title. 
49 u s e app. 
2518. 
RELATIONSHIP TO OTHER LAW 
SEC. 221. Except as provided in section 206(b), the provisions of 
this title and the regulations issued under this title shall not affect 
any provision of the Hazardous Materials Transportation Act (49 
U.S.C. App. 1801-1812) or any regulation issued by the Secretary 
under such Act. 
AMENDMENT TO THE MOTOR CARRIER ACT OF 1980 
SEC. 222. (a) Section 30(bX3) of the Motor Carrier Act of 1980 (49 
U.S.C. 10927 note) is amended— 
PUBLIC LAW 98-554—OCT. 30, 1984 
98 STAT. 2847 
(1) by striking out "and" at the end of clause (A); and 
(2) by striking out the period at the end of such section and 
inserting in Ueu thereof the following: ", and (C) in the case of 
any farm vehicle transporting any such material or substance 
in interstate commerce other than in bulk, the Secretary, by 
regulation, may reduce such amount if the Secretary finds that 
such reduction will not adversely affect public safety.". 
(b) Section 30(g) of such Act is amended by redesignating para- 
49 USC 10927 
graphs (1), (2), and (3) as paragraphs (2), (3), and (4), respectively, and 
note. 
inserting before paragraph (2), as so redesignated, the following new 
paragraph: 
"(1) 'farm vehicle' means any vehicle which (A) is designed or 
adapted and used exclusively for agricultural purposes, (B) is 
operated by a motor private carrier (as such term is defined 
under section 10102 of title 49, United States Code), and (C) is 
only incidentally operated on highways;". 
SPLASH AND SPRAY SUPPRESSANT DEVICES 
SEC. 223. Section 414(b) of the Surface Transportation Assistance 
Act of 1982 (49 U.S.C. 2314(b)) is amended— 
49 USC app. 
(1) in paragraph (2) by striking out "two years after the date 2314. 
of the enactment of this title," and inserting in lieu thereof "one 
year after the date on which the standards are established 
under paragraph (1) of this subsection,"; and 
(2) in paragraph (3) by striking out "five years after the date 
of the enactment of this title," and inserting in lieu thereof 
"four years after the date on which the standards are estab-
lished under paragraph (1) of this subsection,". 
FOREIGN BUS CARRIER FINANCIAL RESPONSIBILITY REQUIREMENTS 
SEC. 224. Section 18(d) of the Bus Regulatory Reform Act of 1982 
(49 U.S.C. 10927 note) is amended— 
(1) by striking out "(d) Financial" and inserting in lieu thereof 
"(d)(1) Subject to paragraph (2) of this subsection, financial"; 
and 
(2) by adding at the end thereof the following new paragraph: 
"(2)(A) Any person domiciled in any contiguous foreign country 
who provides transportation by motor vehicle to which any of the 
minimal levels of financial responsibility established under this 
section apply shall have evidence of such financial responsibility in 
such motor vehicle at any time such person is providing such 
transportation. 
"(B) The Secretary of Transportation and the Secretary of the 
Treasury shall deny entry into the United States of any motor 
vehicle in which there is not evidence of financial responsibility 
required to be in such vehicle by subparagraph (A) of this 
paragraph.". 
EXTENSION OF MORATORIUM ON CERTIFICATION OF FOREIGN MOTOR 
CARRIERS 
SEC. 225. (a) Section 10922(1)(1) of title 49, United States Code, is 
amended by striking out "two-year" each place it appears and 
inserting in lieu thereof "four-year". 
98 STAT. 2848 
PUBLIC LAW 98-554—OCT. 30, 1984 
Effective date. 
49 u s e 10922 
note. 
(b) The second sentence of such section is amended by insert-
ing after "such moratorium" the following: "or impose such a 
moratorium". 
(c) The amendments made by this section shall take effect on 
September 19,1984. 
CERTIFICATES OF REGISTRATION FOR FOREIGN MOTOR CARRIERS 
SEC. 226. (a)(1) Subchapter II of chapter 105 of title 49, United 
States Code, is amended by adding at the end thereof the following 
new section: 
49 use 10530. 
"§ 10530. Certificates of registration for certain foreign carriers 
"(a) In this section— 
"(1) 'registrable year' means the six-month period beginning 
July 1,1985, and ending December 31,1985, calendar year 1986, 
and each calendar year thereafter. 
"(2) 'foreign motor carrier' means a motor carrier of 
property— 
"(A) which does not hold a certificate issued under section 
49 use 10922. 
10922 of this title or a permit issued under section 10923 of 
49 use 10923. 
this title; and 
"(B)(i) which is domiciled in any contiguous foreign coun-
try; or 
"(ii) which is owned or controlled by persons of any 
contiguous foreign country and is not domiciled in the 
United States. 
"(3) 'foreign motor private carrier' means a motor private 
carrier— 
"(A) which is domiciled in any contiguous foreign coun-
try; or 
"(B) which is owned or controlled by persons of any 
contiguous foreign country and is not domiciled in the 
United States. 
"(4) 'exempt items' means items described in paragraphs (4), 
49 use 10526. 
(6), (11), (12), (13), and (15) of section 10526(a) of this subchapter 
and items transported under paragraph (5) of such section. 
"(5) 'interstate transportation' means transportation de-
49 use 10521. 
scribed in section 10521(a) of this subchapter and transportation 
in the United States exempt from the jurisdiction of the Com-
mission under section 10526(b)(1) of this subchapter. 
"Ot>)(l) Except as provided in this section, no foreign motor carrier 
may provide interstate transportation of exempt items in any regis-
trable year unless the Commission has issued to the carrier a 
certificate of registration under this section authorizing the carrier 
to provide such transportation in such year. 
"(2) Except as provided in this section, no foreign motor private 
carrier may provide interstate transportation of property (including 
exempt items) in any registrable year unless the Commission has 
issued to the carrier a certificate of registration under this section 
authorizing the carrier to provide such transportation in such year. 
49 use 10321. 
"(c) Without regard to subchapter II of chapter 103 of this title 
5 use 551. 
and subchapter II of chapter 5 of title 5, the Commission shall issue 
a certificate of registration to any foreign motor carrier authorizing 
the carrier to provide interstate transportation of exempt items in 
any registrable year, and to any foreign motor private carrier 
PUBLIC LAW 98-554—OCT. 30, 1984 
98 STAT. 2849 
authorizing the carrier to provide interstate transportation of prop-
erty (including exempt items) in any registrable year, if^ 
"(1) the Commission finds that the carrier is fit, willing, and 
able— 
"(A) to provide the transportation to be authorized by the 
certificate; and 
"(B) to comply with this subtitle and regulations of the 
Commission; and 
"(2) the carrier demonstrates to the satisfaction of the Com-
mission that the carrier has paid (or will pay in a timely 
manner) all taxes imposed by section 4481 of the Internal 
Revenue Code of 1954 on any motor vehicle which such carrier 
26 USC 4481. 
operated in the United States in the most recent taxable period 
(as such term is defined under section 4482(c) of such Code) 
26 USC 4482. 
ending before the first day of such registrable year. 
"(d) A foreign motor carrier and a foreign motor private carrier 
must file an application with the Commission for a certificate of 
registration under this section to provide interstate transportation. 
The Commission may approve any part of the application or deny 
the application. The application must— 
"(1) be under oath; 
"(2) contain such information as the Commission may require 
by regulation; and 
"(3) be filed with the Commission at such times as the Com-
mission may require by regulation. 
"(e) The requirement that foreign motor carriers and foreign 
motor private carriers issued certificates of registration under this 
section be fit, willing, and able means— 
"(1) safety fitness; and 
"(2) proof of minimum financial responsibility— 
"(A) under section 30 of the Motor Carrier Act of 1980, in 
Ante, p. 2846. 
the case of a foreign motor carrier or foreign motor private 
carrier which provides transportation in the United States 
of an item referred to in subsection (bXD of such section; 
and 
"(B) under the laws of the State or States in which the 
carrier is operating, in the case of a foreign motor private 
carrier which provides interstate transportation in the 
United States of property (other than an item referred to in 
such subsection). 
"(f) Each certificate of registration issued under this section shall 
specify the transportation to be provided under the certificate. 
"(g)(1) Any motor vehicle which is used to provide transportation 
under a certificate of registration issued under this section shall 
have a copy of such certificate in such motor vehicle at any time 
such vehicle is being used to provide such transportation. 
"(2) The Commission, the Secretary of Transportation, and the 
Secretary of the Treasury shall deny entry into the United States of 
any motor vehicle in which there is not a copy of the certificate of 
registration required to be in such vehicle by paragraph (1) of this 
subsection. 
"(h) When a certificate of registration is issued under this section, 
the Commission may prescribe such conditions on the transporta-
tion to be provided under the certificate as may be necessary to 
carry out the objectives of this section. 
"(i)(l) Subject to paragraph (3) of this subsection, this section shall 
not apply with respect to any contiguous foreign country with 
98 STAT. 2850 
PUBLIC LAW 98-554—OCT. 30, 1984 
Federal 
Register, 
publication. 
respect to which a moratorium is not in effect under section 10922(1) 
of this title on the effective date of this section. 
President of U.S. 
"(2) The President of the United States may waive the require-
ments of this section with respect to any contiguous foreign country 
if the President determines that such waiver is in the national 
interest and notifies, in writing, the Congress of such waiver before 
the date on which such waiver is to take effect. In any case in which 
the requirements of this section apply with respect to a contiguous 
foreign country which substantially prohibits grants of authority to 
persons from the United States to provide transportation by motor 
vehicle for compensation in such foreign country, such waiver shall 
not take effect before the 60th day following the date on which the 
Congress is notifed of such waiver. 
"(3) The President of the United States may, by order, make the 
requirements of this section applicable with respect to any contigu-
ous foreign country i
f
— 
"(A) the President determines that making such requirements 
so applicable is in the national interest; and 
"(B) the President— 
"(i) notifies, in writing, the Congress of the issuance of 
such order; and 
"(ii) has published a copy of such order in the Federal 
Register; 
at least 30 days before such order takes effect.". 
(2) The analysis for subchapter II of chapter 105 of title 49, United 
States Code, is amended by adding at the end thereof the following: 
"10530. Certificates of registration for certain foreign carriers.". 
(b)(1) The first sentence of section 10922(1)(1) of title 49, United 
States Code, is amended— 
(A) by striking out "or any permit" and inserting in lieu 
thereof "any permit"; and 
(B) by inserting after "contract carrier," the following: "or 
any certificate of registration under section 10530 of this title to 
any motor carrier of property or motor private carrier,". 
49 use 10922 
(2) Section 10922(1)(2) of such title is amended by inserting "(A)" 
after "(2)" and by adding at the end thereof the following new 
subparagraph: 
"(B)(i) Subject to the provisions of this subparagraph, during a 
moratorium imposed under paragraph (1) of this subsection with 
respect to any contiguous foreign country or political subdivision 
thereof, the Commission may issue certificates of registration under 
Ante, p. 2848. 
section 10530 of this subtitle to motor carriers of property and motor 
private carriers domiciled in such country or political subdivision 
and to motor carriers of property and motor private carriers owned 
or controlled by persons of such country or political subdivision, 
"(ii) Subject to clause (iv) of this subparagraph, if the person to be 
issued the certificate of registration during the moratorium is a 
motor carrier of property domiciled in the foreign country or politi-
cal subdivision or is a motor carrier of property owned or controlled 
by persons of the foreign country or political subdivision, such 
certificate may only authorize such carrier to provide transportation 
of exempt items in a municipality in the United States which is 
adjacent to the foreign country or political subdivision, in contigu-
ous municipalities in the United States any one of which is adjacent 
to the foreign country or political subdivision, or in a zone in the 
PUBLIC LAW 98-554—OCT. 30, 1984 
98 STAT. 2851 
United States that is adjacent to, and commercially a part of, the 
municipality or municipalities. 
"(iii) Subject to clause (v) of this subsection, if the person to be 
issued the certificate of registration during the moratorium is a 
motor private carrier domiciled in the foreign country or political 
subdivision or is a motor private carrier owned or controlled by 
persons of the foreign country or political subdivision, such certifi-
cate may only authorize such carrier to provide transportation of 
property (including exempt items) in a municipality in the United 
States which is adjacent to the foreign country or political subdivi-
sion, in contiguous municipalities in the United States any one of 
which is adjacent to the foreign country or political subdivision, or 
in a zone in the United States that is adjacent to, and commercially 
a part of, the municipality or municipalities. 
"(iv) If the person to be issued the certificate of registration during 
the moratorium is a motor carrier of property domiciled in the 
foreign country or political subdivision and owned or controlled by 
persons of the United States, such certificate may only authorize 
such carrier to provide interstate transportation of exempt items. 
"(v) If the person to be issued the certificate of registration during 
the moratorium is a motor private carrier domiciled in the foreign 
country or political subdivision and owned or controlled by persons 
of the United States, such certificate may only authorize such 
carrier to provide interstate transportation of property (including 
exempt items). 
"(vi) In this subparagraph, the terms 'exempt items' and 'inter-
state transportation' have the meanings such terms have under 
section 10530(a) of this title.". 
(c)(1) Section 10322(a) of title 49, United States Code, is amended 
by inserting "10530," after "10525(c),". 
(2) The first sentence of section 10927(aXl) of such title is 
amended— 
(A) by inserting "and a certificate of registration to a motor 
carrier or motor private carrier under section 10530 of this 
title" after "10923 of this title"; 
(B) by striking out "or section 18" and inserting in lieu 
thereof "section 18"; and 
(C) by inserting before the period at the end of such sentence 
", or the laws of the State or States in which the carrier is 
operating, in the case of a motor private carrier". 
(3) Section 10927(a)(2) of such title is amended by inserting "and a 
foreign motor private carrier (as such term is defined under section 
10530(a)(3) of this title)" after "A motor carrier". 
(4) Section 11701 of such title is amended— 
(A) in subsection (a) by inserting after the second sentence the 
following new sentence: "If the Commission finds that a motor 
private carrier is violating section 10530 of this subtitle, the 
Commission shall take appropriate action to compel compliance 
with such section."; and 
(B) by striking out the period at the end of the first sentence 
in subsection (b) and inserting in lieu thereof "or a motor 
carrier or motor private carrier providing transportation under 
a certificate of registration issued under section 10530 of this 
title.". 
(5) Section 11702(a)(4) of such title is amended by inserting before 
the semicolon at the end thereof the following: "or by a motor 
Ante, p. 2848. 
49 use 10927. 
49 use 11701. 
Ante, p. 2848. 
49 use 11702. 
98 STAT. 2852 
PUBLIC LAW 98-554—OCT. 30, 1984 
49 u s e 11901 
49 u s e 11914. 
Effective date. 
49 u s e 10530 
note. 
carrier or motor private carrier providing transportation under a 
certificate of registration issued under section 10530 of this title". 
(6) Section 11901(g) of such title is amended— 
(A) by inserting "or transportation provided under a certifi-
cate of registration issued under section 10530 of this title" after 
"chapter 105 of this title"; 
(B) by striking out ", or (4)" and inserting in lieu thereof 
", (4)"; and 
(C) by inserting "or (5) does not comply with section 10530 of 
this title," before "is liable to". 
(7) Section 11914(b) of such title is amended— 
(A) by striking out "this title," and inserting in lieu thereof 
"this title"; and 
(B) by inserting after "1966," the following: "or a condition of 
a certificate of registration issued under section 10530 of this 
title,". 
(d) The amendments made by this section shall take effect May 1, 
1985, except that the Interstate Commerce Commission may issue 
before such date such regulations as may be necessary to carry out 
the amendments made by this section beginning on such date. 
49 u s e 10934. 
49 u s e 11348. 
49 u s e app. 
2301. 
TECHNICAL AMENDMENTS 
SEC. 227. (a)(1) Section 11901 of title 49, United States Code, is 
amended— 
(A) in subsection (g) by striking out "(h)" and inserting in lieu 
thereof "(i)"; 
(B) by redesignating the subsection beginning "(hXD Any 
person required" and subsections (i), (j), and (k), and any refer-
ences thereto, as subsections (i), (j), (k), and (1), respectively; 
(C) in subsection (j)(l), as redesignated by subparagraph (A), 
by inserting "of after "paragraph (3)"; and 
(D) in subsection (1)(2), as redesignated by subparagraph (A), 
by striking out "(i)(l), or (j)" and inserting in lieu thereof "(i), 
(j)(l),or(k)". 
(2) Section 10934(c) of such title is amended by striking out 
"11901(j)" each place it appears and inserting in lieu thereof 
"11901(k)". 
(3) Section 11348(a) of such title is amended by striking out "(kXD" 
and inserting in lieu thereof "(1)(1)". 
(4) Section 2342(5) of title 28, United States Code, is amended by 
striking out "11901(i)(2)" and inserting in lieu thereof "11901(jX2) . 
(bXD Chapter 107 of title 49, United States Code, is amended by 
redesignating the second section 10734, and any references thereto, 
as section 10735. 
(2) The analysis for such chapter is amended by striking 
out "10734. Household" and inserting in lieu thereof "10735. 
Household". 
(c) Section 10526(a) of title 49, United States Code, is amended by 
redesignating the second paragraph (14), and any references thereto, 
as paragraph (15). 
EMPLOYEE PROTECTION 
SEC. 228. (a) Paragraph (2) of section 401 of the Surface Transpor-
tation Assistance Act of 1982 is amended by striking out ", nor does" 
and all that follows through the semicolon at the end of such 
paragraph and inserting in lieu thereof a semicolon. 
PUBLIC LAW 98-554—OCT. 30, 1984 
98 STAT. 2853 
(b) The amendment made by subsection (a) shall take effect on the 
last day of the two year period beginning on the date of the 
enactment of this Act. 
(c) The Secretary, in consultation with the Secretary of Labor, 
shall conduct a study to determine whether or not part A of title IV 
of the Surface Transportation Assistance Act of 1982 should be 
amended to provide protection to individuals employed by a com-
mercial motor carrier engaged in the transportation of passengers. 
Not later than twelve months after the date of the enactment of this 
Act, the Secretary shall transmit to Congress a report on the results 
of such study. 
UMITATION ON AUTHORITY 
SEC. 229. (a) Nothing in this title confers authority on the Secre-
tary to (1) establish Federal traffic safety regulations, or (2) preempt 
State traffic regulations; except that the Secretary may establish or 
maintain such Federal regulations to the extent that the subject 
matter of such regulations is, on the date of the enactment of this 
Act, regulated under parts 390 to 399 of title 49 of the Code of 
Federal Regulations. 
Ot)) Nothing in this title confers authority on the Secretary to 
regulate the manufacture of commercial motor vehicles for any 
purpose, including fuel economy, safety, or emission control. 
Effective date. 
49 u s e app. 2301 
note. 
Study. 
49 u s e app. 2301 
note. 
Report. 
49 u s e app. 
2519. 
OVERSIGHT 
SEC. 230. The appropriate authorizing committees of the Congress 
shall conduct periodic oversight hearings on the effects of this title 
no less often than annually for the first five years following the date 
of enactment of this Act, to ensure that this Act is being imple-
mented according to congressional intent and the purposes of this 
title. 
49 u s e app. 
2520. 
Approved October 30, 1984. 
LEGISLATIVE HISTORY—S. 2217: 
SENATE REPORT No. 98-505 (Comm. on eommerce, Science, and Transportation). 
CONGRESSIONAL RECORD, Vol. 130 (1984): 
Oct. 2, considered and passed Senate. 
Oct. 11, considered and passed House, amended; Senate concurred in House 
amendment. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 20, No. 44 (1984): 
Oct. 30, Presidential statement. 
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