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49 U.S.C. § 31148 — Certified motor carrier safety auditors

Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 31148 — Certified motor carrier safety auditors

**(a) In General.—** Not later than 1 year after the date of the enactment of this section, the Secretary of Transportation shall complete a rulemaking to improve training and provide for the certification of motor carrier safety auditors, including private contractors, to conduct safety inspection audits and reviews described in subsection (b). **(b) Certified Inspection Audit Requirement.—** Not later than 1 year after completion of the rulemaking required by subsection (a), any safety inspection audit or review required by, or based on the authority of, this chapter or chapter 5, 313, or 315 of this title and performed after December 31, 2002, shall be conducted by— (1) a motor carrier safety auditor certified under subsection (a); or (2) a Federal or State employee who, on the date of the enactment of this section, was qualified to perform such an audit or review. **(c) Extension.—** If the Secretary determines that subsection (b) cannot be implemented within the 1-year period established by that subsection and notifies the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives of the determination and the reasons therefor, the Secretary may extend the deadline for compliance with subsection (b) by not more than 12 months. **(d) Application With Other Authority.—** The Secretary may not delegate the Secretary’s authority to private contractors to issue ratings or operating authority, and nothing in this section authorizes any private contractor to issue ratings or operating authority. **(e) Oversight Responsibility.—** The Secretary shall have authority over any motor carrier safety auditor certified under subsection (a), including the authority to decertify a moto

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Source location: Title 49, Chapter 311, § 31148; chapter-311-commercial-motor-vehicle-safety.md

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 13902 — Registration of motor carriers

**(a) Motor Carrier Generally.—** (1) **In general.—** — Except as otherwise provided in this section, the Secretary of Transportation shall register a person to provide transportation subject to jurisdiction under subchapter I of chapter 135 as a motor carrier using self-propelled vehicles the motor carrier owns, rents, or leases only if the Secretary determines that the person— (A) is willing and able to comply with— (i) this part and the applicable regulations of the Secretary and the Board; (ii) any safety regulations imposed by the Secretary; (iii) the duties of employers and employees established by the Secretary under section 31135; (iv) the safety fitness requirements established by the Secretary under section 31144; (v) the accessibility requirements established by the Secretary under subpart H of part 37 of title 49, Code of Federal Regulations (or successor regulations), for transportation provided by an over-the-road bus; and (vi) the minimum financial responsibility requirements established by the Secretary under sections 13906, 31138, and 31139; (B) has been issued a USDOT number under section 31134; (C) has disclosed any relationship involving common ownership, common management, common control, or common familial relationship between that person and any other motor carrier, freight forwarder, or broker, or any other applicant for motor carrier, freight forwarder, or broker registration, if the relationship occurred in the 3-year period preceding the date of the filing of the application for registration; and (D) after the Secretary establishes a written proficiency examination pursuant to section 32101(b) of the Commercial Motor Vehicle Safety Enhancement Act of 2012, has passed the written proficiency examinati

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 31148 — Certified motor carrier safety auditors

Page 883 TITLE 49—TRANSPORTATION § 31149 (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1013.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 31146 .......... 49 App.:2518. Oct. 30, 1984, Pub. L. 98–554, § 221, 98 Stat. 2846. § 31147. Limitations on authority (a) TRAFFIC REGULATIONS.—This subchapter does not authorize the Secretary of Transpor- tation to prescribe traffic safety regulations or preempt State traffic regulations. However, the Secretary may prescribe traffic regulations to the extent their subject matter was regulated under parts 390–399 of title 49, Code of Federal Regulations, on October 30, 1984. (b) REGULATING THE MANUFACTURING OF VEHI- CLES.—This subchapter does not authorize the Secretary to regulate the manufacture of com- mercial motor vehicles for any purpose, includ- ing fuel economy, safety, or emission control. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1013.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 31147(a) ...... 49 App.:2519(a). Oct. 30, 1984, Pub. L. 98–554, § 229, 98 Stat. 2853. 31147(b) ...... 49 App.:2519(b). In subsection (a), the word ‘‘prescribe’’ is substituted for ‘‘establish or maintain’’ for consistency in the re- vised title and with other titles of the United States Code. § 31148. Certified motor carrier safety auditors (a) IN GENERAL.—Not later than 1 year after the date of the enactment of this section, the Secretary of Transportation shall complete a rulemaking to improve training and provide for the certification of motor carrier safety audi- tors, including private contractors, to conduct safety inspection audits and reviews described in subsection (b). (b) CERTIFIED INSPECTION AUD

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