
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 49USC31100]

 
                        TITLE 49--TRANSPORTATION
 
             SUBTITLE VI--MOTOR VEHICLE AND DRIVER PROGRAMS
 
                           PART B--COMMERCIAL
 
              CHAPTER 311--COMMERCIAL MOTOR VEHICLE SAFETY
 
 SUBCHAPTER I--STATE GRANTS AND OTHER COMMERCIAL MOTOR VEHICLE PROGRAMS
 
Sec. 31100. Purpose

    The purpose of this subchapter is to ensure that the Secretary, 
States, and other political jurisdictions work in partnership to 
establish programs to improve motor carrier, commercial motor vehicle, 
and driver safety to support a safe and efficient transportation system 
by--
        (1) focusing resources on strategic safety investments to 
    promote safe for-hire and private transportation, including 
    transportation of passengers and hazardous materials, to identify 
    high-risk carriers and drivers, and to invest in activities likely 
    to generate maximum reductions in the number and severity of 
    commercial motor vehicle crashes;
        (2) increasing administrative flexibility and developing and 
    enforcing effective, compatible, and cost-beneficial motor carrier, 
    commercial motor vehicle, and driver safety regulations and 
    practices, including improving enforcement of State and local 
    traffic safety laws and regulations;
        (3) assessing and improving statewide program performance by 
    setting program outcome goals, improving problem identification and 
    countermeasures planning, designing appropriate performance 
    standards, measures, and benchmarks, improving performance 
    information and analysis systems, and monitoring program 
    effectiveness;
        (4) ensuring that drivers of commercial motor vehicles and 
    enforcement personnel obtain adequate training in safe operational 
    practices and regulatory requirements; and
        (5) advancing promising technologies and encouraging adoption of 
    safe operational practices.

(Added Pub. L. 105-178, title IV, Sec. 4002(a), June 9, 1998, 112 Stat. 
395.)


                      Motor Carrier Safety Strategy

    Pub. L. 106-159, title I, Sec. 104, Dec. 9, 1999, 113 Stat. 1754, 
provided that:
    ``(a) Safety Goals.--In conjunction with existing federally required 
strategic planning efforts, the Secretary shall develop a long-term 
strategy for improving commercial motor vehicle, operator, and carrier 
safety. The strategy shall include an annual plan and schedule for 
achieving, at a minimum, the following goals:
        ``(1) Reducing the number and rates of crashes, injuries, and 
    fatalities involving commercial motor vehicles.
        ``(2) Improving the consistency and effectiveness of commercial 
    motor vehicle, operator, and carrier enforcement and compliance 
    programs.
        ``(3) Identifying and targeting enforcement efforts at high-risk 
    commercial motor vehicles, operators, and carriers.
        ``(4) Improving research efforts to enhance and promote 
    commercial motor vehicle, operator, and carrier safety and 
    performance.
    ``(b) Contents of Strategy.--
        ``(1) Measurable goals.--The strategy and annual plans under 
    subsection (a) shall include, at a minimum, specific numeric or 
    measurable goals designed to achieve the strategic goals of 
    subsection (a). The purposes of the numeric or measurable goals are 
    as follows:
            ``(A) To increase the number of inspections and compliance 
        reviews to ensure that all high-risk commercial motor vehicles, 
        operators, and carriers are examined.
            ``(B) To eliminate, with meaningful safety measures, the 
        backlog of rulemakings.
            ``(C) To improve the quality and effectiveness of data bases 
        by ensuring that all States and inspectors accurately and 
        promptly report complete safety information.
            ``(D) To eliminate, with meaningful civil and criminal 
        penalties for violations, the backlog of enforcement cases.
            ``(E) To provide for a sufficient number of Federal and 
        State safety inspectors, and provide adequate facilities and 
        equipment, at international border areas.
        ``(2) Resource needs.--In addition, the strategy and annual 
    plans shall include estimates of the funds and staff resources 
    needed to accomplish each activity. Such estimates shall also 
    include the staff skills and training needed for timely and 
    effective accomplishment of each goal.
        ``(3) Savings clause.--In developing and assessing progress 
    toward meeting the measurable goals set forth in this subsection, 
    the Secretary and the Federal Motor Carrier Safety Administrator 
    shall not take any action that would impinge on the due process 
    rights of motor carriers and drivers.
    ``(c) Submission With the President's Budget.--Beginning with fiscal 
year 2001 and each fiscal year thereafter, the Secretary shall submit to 
Congress the strategy and annual plan at the same time as the 
President's budget submission.
    ``(d) Annual Performance.--
        ``(1) Annual performance agreement.--For each of fiscal years 
    2001 through 2003, the following officials shall enter into annual 
    performance agreements:
            ``(A) The Secretary and the Federal Motor Carrier Safety 
        Administrator.
            ``(B) The Administrator and the Deputy Federal Motor Carrier 
        Safety Administrator.
            ``(C) The Administrator and the Chief Safety Officer of the 
        Federal Motor Carrier Safety Administration.
            ``(D) The Administrator and the regulatory ombudsman of the 
        Administration designated by the Administrator under subsection 
        (f).
        ``(2) Goals.--Each annual performance agreement entered into 
    under paragraph (1) shall include the appropriate numeric or 
    measurable goals of subsection (b).
        ``(3) Progress assessment.--Consistent with the current 
    performance appraisal system of the Department of Transportation, 
    the Secretary shall assess the progress of each official (other than 
    the Secretary) referred to in paragraph (1) toward achieving the 
    goals in his or her performance agreement. The Secretary shall 
    convey the assessment to such official, including identification of 
    any deficiencies that should be remediated before the next progress 
    assessment.
        ``(4) Administration.--In deciding whether or not to award a 
    bonus or other achievement award to an official of the 
    Administration who is a party to a performance agreement required by 
    this subsection, the Secretary shall give substantial weight to 
    whether the official has made satisfactory progress toward meeting 
    the goals of his or her performance agreement.
    ``(e) Achievement of Goals.--
        ``(1) Progress assessment.--No less frequently than 
    semiannually, the Secretary and the Administrator shall assess the 
    progress of the Administration toward achieving the strategic goals 
    of subsection (a). The Secretary and the Administrator shall convey 
    their assessment to the employees of the Administration and shall 
    identify any deficiencies that should be remediated before the next 
    progress assessment.
        ``(2) Report to congress.--The Secretary shall report annually 
    to Congress the contents of each performance agreement entered into 
    under subsection (d) and the official's performance relative to the 
    goals of the performance agreement. In addition, the Secretary shall 
    report to Congress on the performance of the Administration relative 
    to the goals of the motor carrier safety strategy and annual plan 
    under subsection (a).
    ``(f) Expediting Regulatory Proceedings.--The Administrator shall 
designate a regulatory ombudsman to expedite rulemaking proceedings. The 
Secretary and the Administrator shall each delegate to the ombudsman 
such authority as may be necessary for the ombudsman to expedite 
rulemaking proceedings of the Administration to comply with statutory 
and internal departmental deadlines, including authority to--
        ``(1) make decisions to resolve disagreements between officials 
    in the Administration who are participating in a rulemaking process; 
    and
        ``(2) ensure that sufficient staff are assigned to rulemaking 
    projects to meet all deadlines.''


           Commercial Motor Vehicle Safety Advisory Committee

    Pub. L. 106-159, title I, Sec. 105, Dec. 9, 1999, 113 Stat. 1756, 
provided that:
    ``(a) Establishment.--The Secretary may establish a commercial motor 
vehicle safety advisory committee to provide advice and recommendations 
on a range of motor carrier safety issues.
    ``(b) Composition.--The members of the advisory committee shall be 
appointed by the Secretary and shall include representatives of the 
motor carrier industry, drivers, safety advocates, manufacturers, safety 
enforcement officials, law enforcement agencies of border States, and 
other individuals affected by rulemakings under consideration by the 
Department of Transportation. Representatives of a single interest group 
may not constitute a majority of the members of the advisory committee.
    ``(c) Function.--The advisory committee shall provide advice to the 
Secretary on commercial motor vehicle safety regulations and other 
matters relating to activities and functions of the Federal Motor 
Carrier Safety Administration.
    ``(d) Termination Date.--The advisory committee shall remain in 
effect until September 30, 2003.''


            Study of Commercial Motor Vehicle Crash Causation

    Pub. L. 106-159, title II, Sec. 224, Dec. 9, 1999, 113 Stat. 1770, 
provided that:
    ``(a) Objectives.--The Secretary shall conduct a comprehensive study 
to determine the causes of, and contributing factors to, crashes that 
involve commercial motor vehicles. The study shall also identify data 
requirements and collection procedures, reports, and other measures that 
will improve the Department of Transportation's and States' ability to--
        ``(1) evaluate future crashes involving commercial motor 
    vehicles;
        ``(2) monitor crash trends and identify causes and contributing 
    factors; and
        ``(3) develop effective safety improvement policies and 
    programs.
    ``(b) Design.--The study shall be designed to yield information that 
will help the Department and the States identify activities and other 
measures likely to lead to significant reductions in the frequency, 
severity, and rate per mile traveled of crashes involving commercial 
motor vehicles, including vehicles described in section 31132(1)(B) of 
title 49, United States Code. As practicable, the study shall rank such 
activities and measures by the reductions each would likely achieve, if 
implemented.
    ``(c) Consultation.--In designing and conducting the study, the 
Secretary shall consult with persons with expertise on--
        ``(1) crash causation and prevention;
        ``(2) commercial motor vehicles, drivers, and carriers, 
    including passenger carriers;
        ``(3) highways and noncommercial motor vehicles and drivers;
        ``(4) Federal and State highway and motor carrier safety 
    programs;
        ``(5) research methods and statistical analysis; and
        ``(6) other relevant topics.
    ``(d) Public Comment.--The Secretary shall make available for public 
comment information about the objectives, methodology, implementation, 
findings, and other aspects of the study.
    ``(e) Reports.--
        ``(1) In general.--The Secretary shall promptly transmit to 
    Congress the results of the study, together with any legislative 
    recommendations.
        ``(2) Review and update.--The Secretary shall review the study 
    at least once every 5 years and update the study and report as 
    necessary.
    ``(f) Funding.--Of the amounts made available for each of fiscal 
years 2001, 2002, and 2003 under section 4003(i) of the Transportation 
Equity Act for the 21st Century [Pub. L. 105-178, 49 U.S.C. 31104 note] 
(112 Stat. 395-398), as added by section 103(b)(1) of this Act, 
$5,000,000 per fiscal year shall be available only to carry out this 
section.''


                      Data Collection and Analysis

    Pub. L. 106-159, title II, Sec. 225, Dec. 9, 1999, 113 Stat. 1771, 
provided that:
    ``(a) In General.--In cooperation with the States, the Secretary 
shall carry out a program to improve the collection and analysis of data 
on crashes, including crash causation, involving commercial motor 
vehicles.
    ``(b) Program Administration.--The Secretary shall administer the 
program through the National Highway Traffic Safety Administration in 
cooperation with the Federal Motor Carrier Safety Administration. The 
National Highway Traffic Safety Administration shall--
        ``(1) enter into agreements with the States to collect data and 
    report the data by electronic means to a central data repository; 
    and
        ``(2) train State employees and motor carrier safety enforcement 
    officials to assure the quality and uniformity of the data.
    ``(c) Use of Data.--The National Highway Traffic Safety 
Administration shall--
        ``(1) integrate the data, including driver citation and 
    conviction information; and
        ``(2) make the data base available electronically to the Federal 
    Motor Carrier Safety Administration, the States, motor carriers, and 
    other interested parties for problem identification, program 
    evaluation, planning, and other safety-related activities.
    ``(d) Report.--Not later than 3 years after the date on which the 
improved data program begins, the Secretary shall transmit a report to 
Congress on the program, together with any recommendations the Secretary 
finds appropriate.
    ``(e) Funding.--Of the amounts deducted under section 104(a)(1)(B) 
of title 23, United States Code, for each of fiscal years 2001, 2002, 
and 2003 $5,000,000 per fiscal year shall be available only to carry out 
this section.
    ``(f) Additional Funding for Information Systems.--
        ``(1) In general.--Of the amounts made available for each of 
    fiscal years 2001, 2002, and 2003 under section 4003(i) of the 
    Transportation Equity Act for the 21st Century [Pub. L. 105-178, 49 
    U.S.C. 31104 note] (112 Stat. 395-398), as added by section 
    103(b)(1) of this Act, $5,000,000 per fiscal year shall be available 
    only to carry out section 31106 of title 49, United States Code.
        ``(2) Amounts as additional.--The amounts made available by 
    paragraph (1) shall be in addition to amounts made available under 
    section 31107 of title 49, United States Code.''
