
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: 49USC31105]

 
                        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. 31105. Employee protections

    (a) Prohibitions.--(1) A person may not discharge an employee, or 
discipline or discriminate against an employee regarding pay, terms, or 
privileges of employment, because--
        (A) the employee, or another person at the employee's request, 
    has filed a complaint or begun a proceeding related to a violation 
    of a commercial motor vehicle safety regulation, standard, or order, 
    or has testified or will testify in such a proceeding; or
        (B) the employee refuses to operate a vehicle because--
            (i) the operation violates a regulation, standard, or order 
        of the United States related to commercial motor vehicle safety 
        or health; or
            (ii) the employee has a reasonable apprehension of serious 
        injury to the employee or the public because of the vehicle's 
        unsafe condition.

    (2) Under paragraph (1)(B)(ii) of this subsection, an employee's 
apprehension of serious injury is reasonable only if a reasonable 
individual in the circumstances then confronting the employee would 
conclude that the unsafe condition establishes a real danger of 
accident, injury, or serious impairment to health. To qualify for 
protection, the employee must have sought from the employer, and been 
unable to obtain, correction of the unsafe condition.
    (b) Filing Complaints and Procedures.--(1) An employee alleging 
discharge, discipline, or discrimination in violation of subsection (a) 
of this section, or another person at the employee's request, may file a 
complaint with the Secretary of Labor not later than 180 days after the 
alleged violation occurred. On receiving the complaint, the Secretary 
shall notify the person alleged to have committed the violation of the 
filing of the complaint.
    (2)(A) Not later than 60 days after receiving a complaint, the 
Secretary shall conduct an investigation, decide whether it is 
reasonable to believe the complaint has merit, and notify the 
complainant and the person alleged to have committed the violation of 
the findings. If the Secretary decides it is reasonable to believe a 
violation occurred, the Secretary shall include with the decision 
findings and a preliminary order for the relief provided under paragraph 
(3) of this subsection.
    (B) Not later than 30 days after the notice under subparagraph (A) 
of this paragraph, the complainant and the person alleged to have 
committed the violation may file objections to the findings or 
preliminary order, or both, and request a hearing on the record. The 
filing of objections does not stay a reinstatement ordered in the 
preliminary order. If a hearing is not requested within the 30 days, the 
preliminary order is final and not subject to judicial review.
    (C) A hearing shall be conducted expeditiously. Not later than 120 
days after the end of the hearing, the Secretary shall issue a final 
order. Before the final order is issued, the proceeding may be ended by 
a settlement agreement made by the Secretary, the complainant, and the 
person alleged to have committed the violation.
    (3)(A) If the Secretary decides, on the basis of a complaint, a 
person violated subsection (a) of this section, the Secretary shall 
order the person to--
        (i) take affirmative action to abate the violation;
        (ii) reinstate the complainant to the former position with the 
    same pay and terms and privileges of employment; and
        (iii) pay compensatory damages, including back pay.

    (B) If the Secretary issues an order under subparagraph (A) of this 
paragraph and the complainant requests, the Secretary may assess against 
the person against whom the order is issued the costs (including 
attorney's fees) reasonably incurred by the complainant in bringing the 
complaint. The Secretary shall determine the costs that reasonably were 
incurred.
    (c) Judicial Review and Venue.--A person adversely affected by an 
order issued after a hearing under subsection (b) of this section may 
file a petition for review, not later than 60 days after the order is 
issued, in the court of appeals of the United States for the circuit in 
which the violation occurred or the person resided on the date of the 
violation. The review shall be heard and decided expeditiously. An order 
of the Secretary subject to review under this subsection is not subject 
to judicial review in a criminal or other civil proceeding.
    (d) Civil Actions To Enforce.--If a person fails to comply with an 
order issued under subsection (b) of this section, the Secretary shall 
bring a civil action to enforce the order in the district court of the 
United States for the judicial district in which the violation occurred.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 990.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
31105(a)..............................  49 App.:2305(a), (b).            Jan. 6
, 1983, Pub. L. 97-424, Sec.
                                                                          405(a
)-(d), 96 Stat. 2157.
31105(b)..............................  49 App.:2305(c).
31105(c)..............................  49 App.:2305(d).
31105(d)..............................  49 App.:2305(e).                 Jan. 6
, 1983, Pub. L. 97-424, Sec.
                                                                          405(e
), 96 Stat. 2158; Nov. 8, 1984,
                                                                          Pub. 
L. 98-620, Sec.  402(51), 98
                                                                          Stat.
 3361.
-------------------------------------------------------------------------------
---------------------------------

    In subsection (a)(1), before clause (A), the words ``in any manner'' 
are omitted as surplus. The word ``conditions'' is omitted as included 
in ``terms''. In clauses (A) and (B), the word ``rule'' is omitted as 
being synonymous with ``regulation''. In clause (A), the word ``begun'' 
is substituted for ``instituted or caused to be instituted'' for 
consistency in the revised title and to eliminate unnecessary words. In 
clause (B), the words before subclause (i) are substituted for ``for 
refusing to operate a vehicle when'' and ``or because of'' for clarity 
and consistency. In subclause (ii), the words ``vehicle's unsafe 
condition'' are substituted for ``unsafe condition of such equipment'' 
for consistency.
    Subsection (a)(2) is substituted for 49 App.:2305(b) (2d, last 
sentences) for clarity and to eliminate unnecessary words.
    In subsection (b)(1), the words ``alleging such discharge, 
discipline, or discrimination'' are omitted as surplus.
    In subsection (b)(2)(B), the words ``Not later than 30 days after 
the notice under subparagraph (A) of this paragraph'' are substituted 
for ``Thereafter'' and ``within thirty days'' for clarity.
    In subsection (b)(2)(C), the words ``Before the final order is 
issued'' are substituted for ``In the interim'' for clarity.
    Subsection (b)(3)(A) is substituted for 49 App.:2305(c)(2)(B) (1st 
sentence) for clarity and to eliminate unnecessary words. In clause 
(ii), the word ``conditions'' is omitted as included in ``terms''. The 
provision for back pay is moved from clause (ii) to clause (iii) for 
clarity.
    In subsection (b)(3)(B), the words ``a sum equal to the aggregate 
amount of all'' and ``and expenses'' are omitted as surplus. The words 
``in bringing the complaint'' are substituted for ``for, or in 
connection with, the bringing of the complaint upon which the order was 
issued'' to eliminate unnecessary words.
    In subsection (c), the words ``or aggrieved'' and ``with respect to 
which the order was issued, allegedly'' are omitted as surplus. The 
words ``in accordance with the provisions of chapter 7 of title 5 and'' 
are omitted because 5:ch. 7 applies unless otherwise stated.
    In subsection (d), the text of 49 App.:2305(e) (last sentence) is 
omitted as unnecessary.


                          Employee Protections

    Pub. L. 105-178, title IV, Sec. 4023, June 9, 1998, 112 Stat. 415, 
provided that: ``Not later than 2 years after the date of enactment of 
this Act [June 9, 1998], the Secretary [of Transportation], in 
conjunction with the Secretary of Labor, shall report to the Committee 
on Commerce, Science, and Transportation of the Senate and the Committee 
on Transportation and Infrastructure of the House of Representatives on 
the effectiveness of existing statutory employee protections provided 
for under section 31105 of title 49, United States Code. The report 
shall include recommendations to address any statutory changes necessary 
to strengthen the enforcement of such employee protection provisions.''
