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49 U.S.C. § 508 — Safety performance history of new drivers; limitation on liability
Federal law — U.S. Code and appendices · legal_authorities
**(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 preca
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 508
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Stable record: federal_law:legal_authorities:record_usc_ad4edc2bff0475dfd3becca1
Source file: Laws/federal/codes/united-states-code/title-49/section-508-safety-performance-history-of-new-drivers-limitation-on-liability--05e4e4ac43.md
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Source location: Title 49, Chapter 5, § 508; chapter-005-special-authority.md
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**(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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** In this chapter—
(1) the definitions in sections 10102 and 13102 of this title apply.
(2) “migrant worker” has the same meaning given that term in [section 31501 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section31501&num=0&edition=prelim).
(3) “motor carrier of migrant workers” means a motor carrier of migrant workers subject to the jurisdiction of the Secretary of Transportation under [section 31502(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section31502/c&num=0&edition=prelim).
**(b) Application.—** This chapter only applies in carrying out sections 20302(a)(1)(B) and (C), (2), and (3), (c), and (d)(1) and 20303 and chapters 205 (except section 20504(b)), 211, 213 (in carrying out those sections and chapters), and 315 of this title.
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 501
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) A person required under [section 504 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section504&num=0&edition=prelim) to make, prepare, preserve, or submit to the Secretary of Transportation a record about rail carrier transportation, that does not make, prepare, preserve, or submit that record as required under that section, is liable to the United States Government for a civil penalty of $500 for each violation.
(2) A rail carrier, and a lessor, receiver, or trustee of that carrier, violating [section 504(c)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section504/c/1&num=0&edition=prelim), is liable to the Government for a civil penalty of $100 for each violation.
(3) A rail carrier, a lessor, receiver, or trustee of that carrier, a person furnishing cars or protective service against heat or cold, and an officer, agent, or employee of one of them, required to make a report to the Secretary or answer a question, that does not make a report to the Secretary or does not specifically, completely, and truthfully answer the question, is liable to the Government for a civil penalty of $100 for each violation.
(4) A separate violation occurs for each day a violation under this subsection continues.
(5) Trial in a civil action under this subsection is in the judicial district in which the rail carrier has its principal operating office or in a district through which the railroad of the rail carrier runs.
**(b) Violations Relating to Commercial Motor Vehicle Safety Regulation and Operators.—**
(1) **Notice.—**
(A) *In general.—* — If the Secretary finds that a violation of a provision of subchapter III of chapter 311 (except sections 31138 and 31139) or section 31302, 31303, 313
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 521
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Federal law — U.S. Code and appendices · legal_authorities
Page 142
TITLE 49—TRANSPORTATION
§ 508
investigate and bring civil actions to enforce chapter 5
of title 49, United States Code, or regulations or orders
issued by the Secretary under such chapter with re-
spect to persons described in subsection (a).
‘‘(c) CONTENTS OF IMPLEMENTATION PLAN.—In devel-
oping the implementation plan under subsection (b),
the Secretary shall consider, as appropriate—
‘‘(1) in what circumstances the Secretary would ex-
ercise the new authority;
‘‘(2) how the Secretary would determine that ship-
pers, freight forwarders, brokers, consignees, or other
persons committed violations described in subsection
(a), including what types of evidence would be conclu-
sive;
‘‘(3) what procedures would be necessary during in-
vestigations to ensure the confidentiality of shipper
contract terms prior to the Secretary’s findings of
violations;
‘‘(4) what impact the exercise of the new authority
would have on the Secretary’s resources, including
whether additional investigative or legal resources
would be necessary and whether the staff would need
specialized education or training to exercise properly
such authority;
‘‘(5) to what extent the Secretary would conduct
educational activities for persons who would be sub-
ject to the new authority; and
‘‘(6) any other information that would assist the
Congress in determining whether to provide the Sec-
retary the new authority.’’
§ 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
Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 508
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.