2012 US Code
Title 49 - Transportation
Subtitle VI - MOTOR VEHICLE AND DRIVER PROGRAMS (§§ 30101 - 33118)
Part B - COMMERCIAL (§§ 31100 - 31708)
Chapter 311 - COMMERCIAL MOTOR VEHICLE SAFETY (§§ 31100 - 31161)
Subchapter III - SAFETY REGULATION (§§ 31131 - 31151)
Section 31144 - Safety fitness of owners and operators
Publication Title | United States Code, 2012 Edition, Title 49 - TRANSPORTATION |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 49 - TRANSPORTATION SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS PART B - COMMERCIAL CHAPTER 311 - COMMERCIAL MOTOR VEHICLE SAFETY SUBCHAPTER III - SAFETY REGULATION Sec. 31144 - Safety fitness of owners and operators |
Contains | section 31144 |
Date | 2012 |
Laws in Effect as of Date | January 15, 2013 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Pub. L. 103-272, §1(e), July 5, 1994, 108 Stat. 1012; Pub. L. 104-88, title I, §104(g), Dec. 29, 1995, 109 Stat. 920; Pub. L. 105-178, title IV, §4009(a), June 9, 1998, 112 Stat. 405; Pub. L. 106-159, title II, §210(a), Dec. 9, 1999, 113 Stat. 1764; Pub. L. 109-59, title IV, §§4107(b), 4114, title VII, §7112(b), (c), Aug. 10, 2005, 119 Stat. 1720, 1725, 1899; Pub. L. 110-244, title III, §301(b), (c), June 6, 2008, 122 Stat. 1616; Pub. L. 111-147, title IV, §422(e), Mar. 18, 2010, 124 Stat. 87; Pub. L. 111-322, title II, §2202(e), Dec. 22, 2010, 124 Stat. 3525; Pub. L. 112-5, title II, §202(e), Mar. 4, 2011, 125 Stat. 17; Pub. L. 112-30, title I, §122(e), Sept. 16, 2011, 125 Stat. 349; Pub. L. 112-102, title II, §202(e), Mar. 30, 2012, 126 Stat. 274; Pub. L. 112-140, title II, §202(e), June 29, 2012, 126 Stat. 395; Pub. L. 112-141, div. C, title II, §§32102(a), 32202, 32603(e), 32707(a), 32921(b), div. G, title II, §112002(d), July 6, 2012, 126 Stat. 778, 784, 808, 813, 828, 983. |
Statutes at Large References | 98 Stat. 2844 108 Stat. 1012 109 Stat. 920 112 Stat. 405 113 Stat. 1764, 1765 119 Stat. 1720, 1745 122 Stat. 1616 124 Stat. 87, 3525 125 Stat. 17, 349 126 Stat. 274, 395, 778, 413, 777 |
Public Law References | Public Law 98-554, Public Law 103-272, Public Law 104-88, Public Law 105-178, Public Law 106-159, Public Law 109-59, Public Law 110-244, Public Law 111-147, Public Law 111-314, Public Law 111-322, Public Law 112-5, Public Law 112-30, Public Law 112-102, Public Law 112-140, Public Law 112-141 |
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(a)
(1) determine whether an owner or operator is fit to operate safely commercial motor vehicles, utilizing among other things the accident record of an owner or operator operating in interstate commerce and the accident record and safety inspection record of such owner or operator—
(A) in operations that affect interstate commerce within the United States; and
(B) in operations in Canada and Mexico if the owner or operator also conducts operations within the United States;
(2) periodically update such safety fitness determinations;
(3) make such final safety fitness determinations readily available to the public; and
(4) prescribe by regulation penalties for violations of this section consistent with section 521.
(b)
(1) Specific initial and continuing requirements with which an owner or operator must comply to demonstrate safety fitness.
(2) A methodology the Secretary will use to determine whether an owner or operator is fit.
(3) Specific time frames within which the Secretary will determine whether an owner or operator is fit.
(c)
(1)
(2)
(3)
(4)
(5)
(d)
(e)
(1)
(2)
(3)
(f)
(g)
(1)
(2)
(3)
(4)
(5)
(A)
(B)
(C)
(h)
(1) If an authorized agency of the Canadian federal government or a Canadian Territorial or Provincial government determines, by applying the procedure and standards prescribed by the Secretary under subsection (b) or pursuant to an agreement under paragraph (2), that a Canadian employer is unfit and prohibits the employer from operating a commercial motor vehicle in Canada or any Canadian Province, the Secretary may prohibit the employer from operating such vehicle in interstate and foreign commerce until the authorized Canadian agency determines that the employer is fit.
(2) The Secretary may consult and participate in negotiations with authorized officials of the Canadian federal government or a Canadian Territorial or Provincial government, as necessary, to provide reciprocal recognition of each country's motor carrier safety fitness determinations. An agreement shall provide, to the maximum extent practicable, that each country will follow the procedure and standards prescribed by the Secretary under subsection (b) in making motor carrier safety fitness determinations.
(i)
(1)
(A)
(i) determine the safety fitness of each motor carrier of passengers who the Secretary registers under section 13902 or 31134 through a simple and understandable rating system that allows passengers to compare the safety performance of each such motor carrier; and
(ii) assign a safety fitness rating to each such motor carrier.
(B)
(i) to any provider of motorcoach services registered with the Administration after the date of enactment of the Motorcoach Enhanced Safety Act of 2012 beginning not later than 2 years after the date of such registration; and
(ii) to any provider of motorcoach services registered with the Administration on or before the date of enactment of that Act beginning not later than 3 years after the date of enactment of that Act.
(2)
(3)
(4)
(A) reassess the safety fitness rating of each motor carrier of passengers not less frequently than once every 3 years; and
(B) annually assess the safety fitness of certain motor carriers of passengers that serve primarily urban areas with high passenger loads.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1012; Pub. L. 104–88, title I, §104(g), Dec. 29, 1995, 109 Stat. 920; Pub. L. 105–178, title IV, §4009(a), June 9, 1998, 112 Stat. 405; Pub. L. 106–159, title II, §210(a), Dec. 9, 1999, 113 Stat. 1764; Pub. L. 109–59, title IV, §§4107(b), 4114, title VII, §7112(b), (c), Aug. 10, 2005, 119 Stat. 1720, 1725, 1899; Pub. L. 110–244, title III, §301(b), (c), June 6, 2008, 122 Stat. 1616; Pub. L. 111–147, title IV, §422(e), Mar. 18, 2010, 124 Stat. 87; Pub. L. 111–322, title II, §2202(e), Dec. 22, 2010, 124 Stat. 3525; Pub. L. 112–5, title II, §202(e), Mar. 4, 2011, 125 Stat. 17; Pub. L. 112–30, title I, §122(e), Sept. 16, 2011, 125 Stat. 349; Pub. L. 112–102, title II, §202(e), Mar. 30, 2012, 126 Stat. 274; Pub. L. 112–140, title II, §202(e), June 29, 2012, 126 Stat. 395; Pub. L. 112–141, div. C, title II, §§32102(a), 32202, 32603(e), 32707(a), 32921(b), div. G, title II, §112002(d), July 6, 2012, 126 Stat. 778, 784, 808, 813, 828, 983.)
Amendment of Subsection (g)Pub. L. 112–141, §3, div. C, title II, §32102, July 6, 2012, 126 Stat. 413, 778, provided that, effective 1 year after the date of enactment of Pub. L. 112–141 (see section 3(a), (b) of Pub. L. 112–141, set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of Title 23, Highways), subsection (g)(1) of this section is amended to read as follows:
(1)
(A)
(B)
See 2012 Amendment note below.
Pub. L. 112–141, §3, div. C, title II, §32921(b), (c), July 6, 2012, 126 Stat. 413, 828, provided that, effective 2 years after the date of enactment of Pub. L. 112–141 (see section 3(a), (b) of Pub. L. 112–141, set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of Title 23, Highways), subsection (g) of this section is amended by adding at the end the following:
(6)
(B)
See 2012 Amendment note below.
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
31144(a)(1) | 49 App.:2512(a), (b). | Oct. 30, 1984, Pub. L. 98–554, §215, 98 Stat. 2844. |
31144(a)(2) | 49 App.:2512(c). | |
31144(b) | 49 App.:2512(d). |
In subsection (a), the word “regulation” is substituted for “rule” for consistency in the revised title and because the terms are synonymous.
In subsection (a)(1), the words “after notice and opportunity for comment” are omitted as unnecessary because of 5:553. The text of 49 App.:2512(b) is omitted as executed.
References in TextThe date of enactment of the Motorcoach Enhanced Safety Act of 2012, referred to in subsec. (i)(1)(B), is the date of enactment of subtitle G of title II of div. C of Pub. L. 112–141, which was approved July 6, 2012.
Amendments2012—Subsec. (g)(1). Pub. L. 112–141, §32102(a), amended par. (1) generally. Prior to amendment, text read as follows: “The Secretary shall require, by regulation, 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.”
Subsec. (g)(5)(B). Pub. L. 112–141, §112002(d), struck out “and up to $21,750,000 for the period beginning on October 1, 2011, and ending on June 30, 2012,” after “year”.
Pub. L. 112–141, §32603(e), amended subpar. (B) generally. Prior to amendment, text read as follows: “The Secretary shall set aside from amounts made available by section 31104(a) up to $29,000,000 per fiscal year for audits of new entrant motor carriers conducted pursuant to this paragraph.”
Pub. L. 112–140, §§1(c), 202(e), temporarily substituted “and up to $22,040,000 for the period beginning on October 1, 2011, and ending on July 6, 2012,” for “and up to $21,750,000 for the period beginning on October 1, 2011, and ending on June 30, 2012,”. See Effective and Termination Dates of 2012 Amendment note below.
Pub. L. 112–102 substituted “and up to $21,750,000 for the period beginning on October 1, 2011, and ending on June 30, 2012,” for “and up to $14,500,000 for the period beginning on October 1, 2011, and ending on March 31, 2012,”.
Subsec. (g)(6). Pub. L. 112–141, §32921(b), added par. (6).
Subsec. (h). Pub. L. 112–141, §32202, added subsec. (h).
Subsec. (i). Pub. L. 112–141, §32707(a), added subsec. (i).
2011—Subsec. (g)(5)(B). Pub. L. 112–30 substituted “fiscal year and up to $14,500,000 for the period beginning on October 1, 2011, and ending on March 31, 2012,” for “fiscal year”.
Pub. L. 112–5 struck out “(and up to $12,315,000 for the period beginning October 1, 2010, and ending on March 4, 2011)” after “year”.
2010—Subsec. (g)(5)(B). Pub. L. 111–322 substituted “(and up to $12,315,000 for the period beginning October 1, 2010, and ending on March 4, 2011)” for “(and up to $7,310,000 for the period beginning on October 1, 2010, and ending on December 31, 2010)”.
Pub. L. 111–147 inserted “(and up to $7,310,000 for the period beginning on October 1, 2010, and ending on December 31, 2010)” after “fiscal year”.
2008—Pub. L. 110–244 amended Pub. L. 109–59, §§4107(b), 4114(c)(1), 7112. See 2005 Amendment notes below.
2005—Subsec. (a). Pub. L. 109–59, §4114(a), reenacted heading without change and amended text of subsec. (a) generally. Prior to amendment, text read as follows: “The Secretary shall—
“(1) determine whether an owner or operator is fit to operate safely commercial motor vehicles;
“(2) periodically update such safety fitness determinations;
“(3) make such final safety fitness determinations readily available to the public; and
“(4) prescribe by regulation penalties for violations of this section consistent with section 521.”
Subsec. (c). Pub. L. 109–59, §7112(c), which directed amendment of this section by redesignating the second subsec. (c), relating to safety reviews of new operators, as (f), was repealed by Pub. L. 110–244, §301(b)(2).
Pub. L. 109–59, §4107(b)(1), as amended by Pub. L. 110–244, §301(b)(1), redesignated subsec. (c), relating to safety reviews of new operators, as (f).
Subsec. (c)(1). Pub. L. 109–59, §7112(b)(1), substituted “section 521(b)(5)(A)” for “sections 521(b)(5)(A) and 5113”.
Subsec. (c)(3). Pub. L. 109–59, §7112(b)(2), inserted at end “A violation of this paragraph by an owner or operator transporting hazardous material shall be considered a violation of chapter 51, and shall be subject to the penalties in sections 5123 and 5124.”
Subsec. (c)(5). Pub. L. 109–59, §4114(b), added par. (5).
Subsec. (d). Pub. L. 109–59, §4114(c)(2), added subsec. (d). Former subsec. (d) redesignated (e).
Pub. L. 109–59, §4114(c)(1), as amended by Pub. L. 110–244, §301(c), redesignated subsec. (d) as (e).
Subsec. (e). Pub. L. 109–59, §4114(c)(1), as amended by Pub. L. 110–244, §301(c), redesignated subsec. (d) as (e). Former subsec. (e) redesignated (f).
Subsec. (f). Pub. L. 109–59, §7112(c), which directed amendment of this section by redesignating the second subsec. (c), relating to safety reviews of new operators, as (f), was repealed by Pub. L. 110–244, §301(b)(2).
Pub. L. 109–59, §4114(c)(1), as amended by Pub. L. 110–244, §301(c), redesignated subsec. (e) as (f). Former subsec. (f) redesignated (g).
Pub. L. 109–59, §4107(b)(1), as amended by Pub. L. 110–244, §301(b)(1), redesignated subsec. (c), relating to safety reviews of new operators, as (f).
Subsec. (f)(5). Pub. L. 109–59, §4107(b)(2), as amended by Pub. L. 110–244, §301(b)(1), added par. (5).
Subsec. (g). Pub. L. 109–59, §4114(c)(1), as amended by Pub. L. 110–244, §301(c), redesignated subsec. (f) as (g).
1999—Subsec. (c). Pub. L. 106–159 added subsec. (c) relating to safety reviews of new operators.
1998—Pub. L. 105–178 reenacted section catchline without change and amended text generally, substituting, in subsec. (a), general provisions for provisions relating to procedure and, in subsec. (b), provisions relating to procedure for provisions relating to findings and action on registrations, and adding subsecs. (c) to (e).
1995—Subsec. (a)(1). Pub. L. 104–88, §104(g)(1)–(3), in first sentence substituted “The Secretary” for “In cooperation with the Interstate Commerce Commission, the Secretary” and “section 13902” for “sections 10922 and 10923” and in subpar. (C) struck out “and the Commission” after “Secretary”.
Subsec. (b). Pub. L. 104–88, §104(g)(4), added subsec. (b) and struck out former subsec. (b) which read as follows: “
“(1) find an applicant for authority to operate as a motor carrier unfit if the applicant does not meet the safety fitness requirements established under subsection (a) of this section; and
“(2) deny the application.”
Effective and Termination Dates of 2012 AmendmentAmendment by sections 32202, 32603(e), and 32707(a) effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as a note under section 101 of Title 23, Highways.
Pub. L. 112–141, div. C, title II, §32102(b), July 6, 2012, 126 Stat. 778, provided that: “The amendments made by subsection (a) [amending this section] shall take effect 1 year after the date of enactment of this Act [see section 3(a), (b) of Pub. L. 112–141, set out as notes under section 101 of Title 23, Highways].”
Amendment by section 32921(b) of Pub. L. 112–141 effective 2 years after the date of enactment of Pub. L. 112–141, see section 32921(c) of Pub. L. 112–141, set out as an Effective Date of 2012 Amendment note under section 13902 of this title.
Amendment by section 112002(d) of Pub. L. 112–141 effective July 1, 2012, see section 114001 of Pub. L. 112–141, set out as a note under section 5305 of this title.
Amendment by Pub. L. 112–140 to cease to be effective on July 6, 2012, with text as amended by Pub. L. 112–140 to revert back to read as it did on the day before June 29, 2012, and amendments by Pub. L. 112–141 to be executed as if Pub. L. 112–140 had not been enacted, see section 1(c) of Pub. L. 112–140, set out as a note under section 101 of Title 23, Highways.
Effective Date of 2008 AmendmentAmendment by Pub. L. 110–244 effective as of the date of enactment of Pub. L. 109–59 (Aug. 10, 2005) and to be treated as included in Pub. L. 109–59 as of that date, and provisions of Pub. L. 109–59, as in effect on the day before June 6, 2008, that are amended by Pub. L. 110–244 to be treated as not enacted, see section 121(b) of Pub. L. 110–244, set out as a note under section 101 of Title 23, Highways.
Effective Date of 1995 AmendmentAmendment by Pub. L. 104–88 effective Jan. 1, 1996, see section 2 of Pub. L. 104–88, set out as an Effective Date note under section 701 of this title.
Deemed References to Chapters 509 and 511 of Title 51General references to “this title” deemed to refer also to chapters 509 and 511 of Title 51, National and Commercial Space Programs, see section 4(d)(8) of Pub. L. 111–314, set out as a note under section 101 of this title.
High Risk Carrier Compliance ReviewsPub. L. 109–59, title IV, §4138, Aug. 10, 2005, 119 Stat. 1745, provided that: “From the funds authorized by section 31104(i) of title 49, United States Code, the Secretary [of Transportation] shall ensure that compliance reviews are completed on motor carriers that have demonstrated through performance data that they pose the highest safety risk. At a minimum, a compliance review shall be conducted whenever a motor carrier is rated as category A or B for 2 consecutive months.”
Minimum RequirementsPub. L. 106–159, title II, §210(b), Dec. 9, 1999, 113 Stat. 1765, as amended by Pub. L. 112–141, div. C, title II, §32101(c), July 6, 2012, 126 Stat. 777, provided that: “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 establish a proficiency examination for applicant motor carriers as well as other requirements to ensure such applicants understand applicable safety regulations, commercial regulations, and provisions of subpart H of part 37 of title 49, Code of Federal Regulations, or successor regulations before being granted operating authority.”
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