
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: 49USC31144]

 
                        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

    (a) In General.--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.

    (b) Procedure.--The Secretary shall maintain by regulation a 
procedure for determining the safety fitness of an owner or operator. 
The procedure shall include, at a minimum, the following elements:
        (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\ Prohibited Transportation.--
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    \1\ So in original. Two subsecs. (c) have been enacted.
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        (1) In general.--Except as provided in sections 521(b)(5)(A) and 
    5113 and this subsection, an owner or operator who the Secretary 
    determines is not fit may not operate commercial motor vehicles in 
    interstate commerce beginning on the 61st day after the date of such 
    fitness determination and until the Secretary determines such owner 
    or operator is fit.
        (2) Owners or operators transporting passengers.--With regard to 
    owners or operators of commercial motor vehicles designed or used to 
    transport passengers, an owner or operator who the Secretary 
    determines is not fit may not operate in interstate commerce 
    beginning on the 46th day after the date of such fitness 
    determination and until the Secretary determines such owner or 
    operator is fit.
        (3) Owners or operators transporting hazardous material.--With 
    regard to owners or operators of commercial motor vehicles designed 
    or used to transport hazardous material for which placarding of a 
    motor vehicle is required under regulations prescribed under chapter 
    51, an owner or operator who the Secretary determines is not fit may 
    not operate in interstate commerce beginning on the 46th day after 
    the date of such fitness determination and until the Secretary 
    determines such owner or operator is fit.
        (4) Secretary's discretion.--Except for owners or operators 
    described in paragraphs (2) and (3), the Secretary may allow an 
    owner or operator who is not fit to continue operating for an 
    additional 60 days after the 61st day after the date of the 
    Secretary's fitness determination, if the Secretary determines that 
    such owner or operator is making a good faith effort to become fit.

    (d) Review of Fitness Determinations.--
        (1) In general.--Not later than 45 days after an unfit owner or 
    operator requests a review, the Secretary shall review such owner's 
    or operator's compliance with those requirements with which the 
    owner or operator failed to comply and resulted in the Secretary 
    determining that the owner or operator was not fit.
        (2) Owners or operators transporting passengers.--Not later than 
    30 days after an unfit owner or operator of commercial motor 
    vehicles designed or used to transport passengers requests a review, 
    the Secretary shall review such owner's or operator's compliance 
    with those requirements with which the owner or operator failed to 
    comply and resulted in the Secretary determining that the owner or 
    operator was not fit.
        (3) Owners or operators transporting hazardous material.--Not 
    later than 30 days after an unfit owner or operator of commercial 
    motor vehicles designed or used to transport hazardous material for 
    which placarding of a motor vehicle is required under regulations 
    prescribed under chapter 51, the Secretary shall review such owner's 
    or operator's compliance with those requirements with which the 
    owner or operator failed to comply and resulted in the Secretary 
    determining that the owner or operator was not fit.

    (e) Prohibited Government Use.--A department, agency, or 
instrumentality of the United States Government may not use to provide 
any transportation service an owner or operator who the Secretary has 
determined is not fit until the Secretary determines such owner or 
operator is fit.
    (c) \1\ Safety Reviews of New Operators.--
        (1) In general.--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.
        (2) Elements.--In the regulations issued pursuant to paragraph 
    (1), the Secretary shall establish the elements of the safety 
    review, including basic safety management controls. In establishing 
    such elements, the Secretary shall consider their effects on small 
    businesses and shall consider establishing alternate locations where 
    such reviews may be conducted for the convenience of small 
    businesses.
        (3) Phase-in of requirement.--The Secretary shall phase in the 
    requirements of paragraph (1) in a manner that takes into account 
    the availability of certified motor carrier safety auditors.
        (4) New entrant authority.--Notwithstanding any other provision 
    of this title, any new operating authority granted after the date on 
    which section 31148(b) is first implemented shall be designated as 
    new entrant authority until the safety review required by paragraph 
    (1) is completed.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1012; Pub. L. 104-
88, title I, Sec. 104(g), Dec. 29, 1995, 109 Stat. 920; Pub. L. 105-178, 
title IV, Sec. 4009(a), June 9, 1998, 112 Stat. 405; Pub. L. 106-159, 
title II, Sec. 210(a), Dec. 9, 1999, 113 Stat. 1764.)

                                          Historical and Revision Notes
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---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
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---------------------------------
31144(a)(1)...........................  49 App.:2512(a), (b).            Oct. 3
0, 1984, Pub. L. 98-554, Sec.
                                                                          215, 
98 Stat. 2844.
31144(a)(2)...........................  49 App.:2512(c).
31144(b)..............................  49 App.:2512(d).
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    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.


                               Amendments

    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, Sec. 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, Sec. 104(g)(4), added subsec. (b) and 
struck out former subsec. (b) which read as follows: ``Findings and 
Action on Applications.--The Commission shall--
        ``(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 Date of 1995 Amendment

    Amendment 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.


                          Minimum Requirements

    Pub. L. 106-159, title II, Sec. 210(b), Dec. 9, 1999, 113 Stat. 
1765, 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 consider the establishment of a proficiency examination 
for applicant motor carriers as well as other requirements to ensure 
such applicants understand applicable safety regulations before being 
granted operating authority.''

                  Section Referred to in Other Sections

    This section is referred to in sections 5113, 13902, 13905 of this 
title.
