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29 U.S.C. § 1844 — Motor vehicle safety
Federal law — U.S. Code and appendices · legal_authorities
**(a) Mode of transportation subject to coverage**
(1) Except as provided in paragraph (2), this section applies to the transportation of any migrant or seasonal agricultural worker.
(2) This section does not apply to the transportation of any migrant or seasonal agricultural worker on a tractor, combine, harvester, picker, or other similar machinery and equipment while such worker is actually engaged in the planting, cultivating, or harvesting of any agricultural commodity or the care of livestock or poultry.
**(b) Applicability of standards, licensing, and insurance requirements; promulgation of regulations for standards; criteria, etc., for regulations; amount of insurance required**
(1) When using, or causing to be used, any vehicle for providing transportation to which this section applies, each agricultural employer, agricultural association, and farm labor contractor shall—
(A) ensure that such vehicle conforms to the standards prescribed by the Secretary under paragraph (2) of this subsection and other applicable Federal and State safety standards,
(B) ensure that each driver has a valid and appropriate license, as provided by State law, to operate the vehicle, and
(C) have an insurance policy or a liability bond that is in effect which insures the agricultural employer, the agricultural association, or the farm labor contractor against liability for damage to persons or property arising from the ownership, operation, or the causing to be operated, of any vehicle used to transport any migrant or seasonal agricultural worker.
(2)
(A) For purposes of paragraph (1)(A), the Secretary shall prescribe such regulations as may be necessary to protect the health and safety of migrant and seasonal agricultural workers.
(B) To the extent consistent with
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Source location: Title 29, Chapter 20, § 1844; chapter-020-migrant-and-seasonal-agricultural-worker-protection.md
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**(a) Mode of transportation subject to coverage**
(1) Except as provided in paragraph (2), this section applies to the transportation of any migrant or seasonal agricultural worker.
(2) This section does not apply to the transportation of any migrant or seasonal agricultural worker on a tractor, combine, harvester, picker, or other similar machinery and equipment while such worker is actually engaged in the planting, cultivating, or harvesting of any agricultural commodity or the care of livestock or poultry.
**(b) Applicability of standards, licensing, and insurance requirements; promulgation of regulations for standards; criteria, etc., for regulations; amount of insurance required**
(1) When using, or causing to be used, any vehicle for providing transportation to which this section applies, each agricultural employer, agricultural association, and farm labor contractor shall—
(A) ensure that such vehicle conforms to the standards prescribed by the Secretary under paragraph (2) of this subsection and other applicable Federal and State safety standards,
(B) ensure that each driver has a valid and appropriate license, as provided by State law, to operate the vehicle, and
(C) have an insurance policy or a liability bond that is in effect which insures the agricultural employer, the agricultural association, or the farm labor contractor against liability for damage to persons or property arising from the ownership, operation, or the causing to be operated, of any vehicle used to transport any migrant or seasonal agricultural worker.
(2)
(A) For purposes of paragraph (1)(A), the Secretary shall prescribe such regulations as may be necessary to protect the health and safety of migrant and seasonal agricultural workers.
(B) To the extent consistent with the protection of the health and safety of migrant and seasonal agricultural workers, the Secretary shall, in promulgating regulations under subparagraph (A), consider, among other factors—
(i) the type of vehicle used,
(ii) the passenger capacity of the vehicle,
(iii) the distance which such workers will be carried in the vehicle,
(iv) the type of roads and highways on which such workers will be carried in the vehicle,
(v) the extent to which a proposed standard would cause an undue burden on agricultural employers, agricultural associations, or farm labor contractors.
(C) Standards prescribed by the Secretary under subparagraph (A) shall be in addition to, and shall not supersede or modify, any standard under part B of subtitle IV of title 49, or regulations issued thereunder, which is independently applicable to transportation to which this section applies. A violation of any such standard shall also constitute a violation under this chapter.
(D) In the event that the Secretary fails for any reason to prescribe standards under subparagraph (A) by the effective date of this chapter, the standards prescribed under [section 31502 of title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section31502&num=0&edition=prelim), relating to the transportation of migrant workers, shall, for purposes of paragraph (1)(A), be deemed to be the standards prescribed by the Secretary under this paragraph, and shall, as appropriate and reasonable in the circumstances, apply (i) without regard to the mileage and boundary line limitations contained in such section, and (ii) until superseded by standards actually prescribed by the Secretary in accordance with this paragraph.
(3) The level of insurance required under paragraph (1)(C) shall be determined by the Secretary considering at least the factors set forth in paragraph (2)(B) and similar farmworker transportation requirements under State law.
**(c) Adjustments of insurance requirements in the event of workers’ compensation coverage** If an agricultural employer, agricultural association, or farm labor contractor is the employer of any migrant or seasonal agricultural worker for purposes of a State workers’ compensation law and such employer provides workers’ compensation coverage for such worker in the case of bodily injury or death as provided by such State law, the following adjustments in the requirements of subsection (b)(1)(C) relating to having an insurance policy or liability bond apply:
(1) No insurance policy or liability bond shall be required of the employer, if such workers are transported only under circumstances for which there is coverage under such State law.
(2) An insurance policy or liability bond shall be required of the employer for circumstances under which coverage for the transportation of such workers is not provided under such State law.
**(d) Time for promulgation of regulations for standards implementing requirements; revision of standards** The Secretary shall, by regulations promulgated in accordance with [section 1861 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1861&num=0&edition=prelim) not later than the effective date of this chapter, prescribe the standards required for the purposes of implementing this section. Any subsequent revision of such standards shall also be accomplished by regulation promulgated in accordance with such section.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Scope of agreements** The Secretary may enter into agreements with Federal and State agencies (1) to use their facilities and services, (2) to delegate, subject to subsection (b), to Federal and State agencies such authority, other than rulemaking, as may be useful in carrying out this chapter, and (3) to allocate or transfer funds to, or otherwise pay or reimburse, such agencies for expenses incurred pursuant to agreements under clause (1) or (2) of this section.
**(b) Delegation of authority pursuant to written State plan** Any delegation to a State agency pursuant to subsection (a)(2) shall be made only pursuant to a written State plan which—
(1) shall include a description of the functions to be performed, the methods of performing such functions, and the resources to be devoted to the performance of such functions; and
(2) provides assurances satisfactory to the Secretary that the State agency will comply with its description under paragraph (1) and that the State agency’s performance of functions so delegated will be at least comparable to the performance of such functions by the Department of Labor.
Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 1801
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment.—** The Surface Transportation Board is an independent establishment of the United States Government.
**(b) Membership.—**
(1) The Board shall consist of 5 members, to be appointed by the President, by and with the advice and consent of the Senate. Not more than 3 members may be appointed from the same political party.
(2) At all times—
(A) at least 3 members of the Board shall be individuals with professional standing and demonstrated knowledge in the fields of transportation, transportation regulation, or economic regulation; and
(B) at least 2 members shall be individuals with professional or business experience (including agriculture) in the private sector.
(3) The term of each member of the Board shall be 5 years and shall begin when the term of the predecessor of that member ends. An individual appointed to fill a vacancy occurring before the expiration of the term for which the predecessor of that individual was appointed, shall be appointed for the remainder of that term. When the term of office of a member ends, the member may continue to serve until a successor is appointed and qualified, but for a period not to exceed one year. The President may remove a member for inefficiency, neglect of duty, or malfeasance in office.
(4) No individual may serve as a member of the Board for more than 2 terms. In the case of an individual appointed to fill a vacancy occurring before the expiration of the term for which the predecessor of that individual was appointed, such individual may not be appointed for more than one additional term.
(5) A member of the Board may not have a pecuniary interest in, hold an official relation to, or own stock in or bonds of, a carrier providing transportation by any mode and may not engage in another busines
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 1301
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Maintenance of civil action in district court by aggrieved person** Any person aggrieved by a violation of this chapter or any regulation under this chapter by a farm labor contractor, agricultural employer, agricultural association, or other person may file suit in any district court of the United States having jurisdiction of the parties, without respect to the amount in controversy and without regard to the citizenship of the parties and without regard to exhaustion of any alternative administrative remedies provided herein.
**(b) Appointment of attorney and commencement of action** Upon application by a complainant and in such circumstances as the court may deem just, the court may appoint an attorney for such complainant and may authorize the commencement of the action.
**(c) Award of damages or other equitable relief; amount; criteria; appeal**
(1) If the court finds that the respondent has intentionally violated any provision of this chapter or any regulation under this chapter, it may award damages up to and including an amount equal to the amount of actual damages, or statutory damages of up to $500 per plaintiff per violation, or other equitable relief, except that (A) multiple infractions of a single provision of this chapter or of regulations under this chapter shall constitute only one violation for purposes of determining the amount of statutory damages due a plaintiff; and (B) if such complaint is certified as a class action, the court shall award no more than the lesser of up to $500 per plaintiff per violation, or up to $500,000 or other equitable relief.
(2) In determining the amount of damages to be awarded under paragraph (1), the court is authorized to consider whether an attempt was made to resolve the issues in dispute before the resort
Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 1861
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Application.—** This section applies to transportation—
(1) described in sections 13501 and 13502 of this title; and
(2) to the extent the transportation is in the United States and is between places in a foreign country, or between a place in a foreign country and a place in another foreign country.
**(b) Motor Carrier and Private Motor Carrier Requirements.—** The Secretary of Transportation may prescribe requirements for—
(1) qualifications and maximum hours of service of employees of, and safety of operation and equipment of, a motor carrier; and
(2) qualifications and maximum hours of service of employees of, and standards of equipment of, a motor private carrier, when needed to promote safety of operation.
**(c) Migrant Worker Motor Carrier Requirements.—** The Secretary may prescribe requirements for the comfort of passengers, qualifications and maximum hours of service of operators, and safety of operation and equipment of a motor carrier of migrant workers. The requirements only apply to a carrier transporting a migrant worker—
(1) at least 75 miles; and
(2) across the boundary of a State, territory, or possession of the United States.
**(d) Considerations.—** Before prescribing or revising any requirement under this section, the Secretary shall consider the costs and benefits of the requirement.
**(e) Exception.—**
(1) **In general.—** — Notwithstanding any other provision of law, regulations issued under this section or section 31136 regarding—
(A) maximum driving and on-duty times applicable to operators of commercial motor vehicles,
(B) physical testing, reporting, or recordkeeping, and
(C) the installation of automatic recording devices associated with establishing the maximum driving and on-duty times referred to in subparagraph
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 31502
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Federal law — U.S. Code and appendices · legal_authorities
Page 753
TITLE 29—LABOR
§ 1851
of subtitle IV of title 49, and regulations prescribed
thereunder.’’
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1995 AMENDMENTS
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 1301 of Title 49, Transpor-
tation.
Pub. L. 104–49, § 5(c), Nov. 15, 1995, 109 Stat. 435, pro-
vided that: ‘‘The amendment made by subsection (a)
[amending this section] takes effect upon the expira-
tion of 180 days after the date of enactment of this Act
[Nov. 15, 1995] or upon the issuance of final regulations
under subsection (b) [set out below], whichever occurs
first.’’
EFFECTIVE DATE
Section effective 90 days from Jan. 14, 1983, see sec-
tion 524 of Pub. L. 97–470, set out as a note under sec-
tion 1801 of this title.
REGULATIONS
Pub. L. 104–49, § 5(b), Nov. 15, 1995, 109 Stat. 435, pro-
vided that: ‘‘Within 180 days of the date of the enact-
ment of this Act [Nov. 15, 1995], the Secretary of Labor
shall promulgate regulations establishing insurance
levels under section 401(b)(3) of the Migrant and Sea-
sonal Agricultural Worker Protection Act (29 U.S.C.
1841(b)(3)) as amended by subsection (a).’’ [Final regula-
tions implementing Pub. L. 104–49 were signed May 13,
1996, published May 16, 1996, 61 F.R. 24858, and effective
the same day.]
§ 1842. Confirmation of registration
No person shall utilize the services of any
farm labor contractor to supply any migrant or
seasonal agricultural worker unless the person
first takes reasonable steps to determine that
the farm labor contractor possesses a certificate
of registration which is valid and which author-
izes the activity for which the contractor is uti-
lized. In making that determinatio
Source: Supplied 2024 U.S. Code historical extraction · 29 U.S.C. § 1844
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