
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: 49USC508]

 
                        TITLE 49--TRANSPORTATION
 
                SUBTITLE I--DEPARTMENT OF TRANSPORTATION
 
                      CHAPTER 5--SPECIAL AUTHORITY
 
                          SUBCHAPTER I--POWERS
 
Sec. 508. Safety performance history of new drivers; limitation 
        on liability
        
    (a) Limitation on Liability.--No action or proceeding for 
defamation, invasion of privacy, or interference with a contract that is 
based on the furnishing or use of safety performance records in 
accordance with regulations issued by the Secretary may be brought 
against--
        (1) a motor carrier requesting the safety performance records of 
    an individual under consideration for employment as a commercial 
    motor vehicle driver as required by and in accordance with 
    regulations issued by the Secretary;
        (2) a person who has complied with such a request; or
        (3) the agents or insurers of a person described in paragraph 
    (1) or (2).

    (b) Restrictions on Applicability.--
        (1) Motor carrier requesting.--Subsection (a) does not apply to 
    a motor carrier requesting safety performance records unless--
            (A) the motor carrier and any agents of the motor carrier 
        have complied with the regulations issued by the Secretary in 
        using the records, including the requirement that the individual 
        who is the subject of the records be afforded a reasonable 
        opportunity to review and comment on the records;
            (B) the motor carrier and any agents and insurers of the 
        motor carrier have taken all precautions reasonably necessary to 
        protect the records from disclosure to any person, except for 
        such an insurer, not directly involved in deciding whether to 
        hire that individual; and
            (C) the motor carrier has used those records only to assess 
        the safety performance of the individual who is the subject of 
        those records in deciding whether to hire that individual.

        (2) Person complying with requests.--Subsection (a) does not 
    apply to a person complying with a request for safety performance 
    records unless--
            (A) the complying person and any agents of the complying 
        person have taken all precautions reasonably necessary to ensure 
        the accuracy of the records and have complied with the 
        regulations issued by the Secretary in furnishing the records, 
        including the requirement that the individual who is the subject 
        of the records be afforded a reasonable opportunity to review 
        and comment on the records; and
            (B) the complying person and any agents and insurers of the 
        complying person have taken all precautions reasonably necessary 
        to protect the records from disclosure to any person, except for 
        such an insurer, not directly involved in forwarding the 
        records.

        (3) Persons knowingly furnishing false information.--Subsection 
    (a) does not apply to persons who knowingly furnish false 
    information.

    (c) Preemption of State and Local Law.--No State or political 
subdivision thereof may enact, prescribe, issue, continue in effect, or 
enforce any law (including any regulation, standard, or other provision 
having the force and effect of law) that prohibits, penalizes, or 
imposes liability for furnishing or using safety performance records in 
accordance with regulations issued by the Secretary to carry out this 
section. Notwithstanding any provision of law, written authorization 
shall not be required to obtain information on the motor vehicle driving 
record of an individual under consideration for employment with a motor 
carrier.

(Added Pub. L. 105-178, title IV, Sec. 4014(a)(1), June 9, 1998, 112 
Stat. 409.)

                          Codification

    Pub. L. 105-178, title IV, Sec. 4014(a)(1), June 9, 1998, 112 Stat. 
409, which directed the addition of section 508 at end of this chapter, 
was executed by adding this section at the end of subchapter I of this 
chapter to reflect the probable intent of Congress.


                            Prior Provisions

    A prior section 508, added Pub. L. 102-548, Sec. 2(a), Oct. 28, 
1992, 106 Stat. 3646, related to certification of weights and 
description, prior to repeal by Pub. L. 103-272, Sec. 4(j)(11)(B), July 
5, 1994, 108 Stat. 1368. See chapter 59 of this title.


                             Effective Date

    Pub. L. 105-178, title IV, Sec. 4014(b), June 9, 1998, 112 Stat. 
411, provided that: ``The amendments made by subsection (a) [enacting 
this section] shall take effect on January 31, 1999.''
