49 U.S.C. § 31144 — Safety fitness of owners and operators

Page 878 TITLE 49—TRANSPORTATION § 31143 Similar provisions were contained in the following appropriation acts: Pub. L. 117–103, div. L, title I, § 131, Mar. 15, 2022, 136 Stat. 706. Pub. L. 116–260, div. L, title I, § 131, Dec. 27, 2020, 134 Stat. 1844. Pub. L. 116–94, div. H, title I, § 132, Dec. 20, 2019, 133 Stat. 2955. § 31143. Investigating complaints and protecting complainants (a) INVESTIGATING COMPLAINTS.—The Secretary of Transportation shall conduct a timely inves- tigation of a nonfrivolous written complaint al- leging that a substantial violation of a regula- tion prescribed under this subchapter is occur- ring or has occurred within the prior 60 days. The Secretary shall give the complainant timely notice of the findings of the investigation. The Secretary is not required to conduct separate in- vestigations of duplicative complaints. (b) PROTECTING COMPLAINANTS.—Notwith- standing section 552 of title 5, the Secretary may disclose the identity of a complainant only if disclosure is necessary to prosecute a viola- tion. If disclosure becomes necessary, the Sec- retary shall take every practical means within the Secretary’s authority to ensure that the complainant is not subject to harassment, in- timidation, disciplinary action, discrimination, or financial loss because of the disclosure. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1012.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 31143(a) ...... 49 App.:2511(a). Oct. 30, 1984, Pub. L. 98–554, § 212, 98 Stat. 2841. 31143(b) ...... 49 App.:2511(b). Statutory Notes and Related Subsidiaries TELEPHONE HOTLINE FOR REPORTING SAFETY VIOLATIONS Pub. L. 105–178, title IV, § 4017, June 9, 1998, 112 Stat. 413, as amended by Pub. L. 106–159, title II, § 213, Dec. 9, 1999, 113 Stat. 1766, provided that: ‘‘(a) IN GENERAL.—For a period of not less than 2 years beginning on or before the 90th day following the date of enactment of this Act [June 9, 1998], the Sec- retary [of Transportation] shall establish, maintain, and promote the use of a nationwide toll-free telephone system to be used by drivers of commercial motor vehi- cles and others to report potential violations of Federal motor carrier safety regulations. ‘‘(b) MONITORING.—The Secretary shall monitor re- ports received by the telephone system and may con- sider nonfrivolous information provided by such reports in setting priorities for motor carrier safety audits and other enforcement activities. ‘‘(c) STAFFING.—The toll-free telephone system shall be staffed 24 hours a day 7 days a week by individuals knowledgeable about Federal motor carrier safety reg- ulations and procedures. ‘‘(d) PROTECTION OF PERSONS REPORTING VIOLA- TIONS.— ‘‘(1) PROHIBITION.—A person reporting a potential violation to the telephone system while acting in good faith may not be discharged, disciplined, or dis- criminated against regarding pay, terms, or privi- leges of employment because of the reporting of such violation. ‘‘(2) APPLICABILITY OF SECTION 31105 OF TITLE 49.—For purposes of section 31105 of title 49, United States Code, a violation or alleged violation of paragraph (1) shall be treated as a violation of section 31105(a) of such title. ‘‘(e) FUNDING.—From amounts set aside under [former] section 104(a)(1)(B) of title 23, United States Code, the Secretary may use not more than $250,000 for fiscal year 1999 and $375,000 for each of fiscal years 2000 through 2003 to carry out this section.’’ § 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 vehi- cles, utilizing among other things the accident record of an owner or operator operating in interstate commerce and the accident record and safety inspection record of such owner or operator— (A) in operations that affect interstate commerce within the United States; and (B) in operations in Canada and Mexico if the owner or operator also conducts oper- ations within the United States; (2) periodically update such safety fitness determinations; (3) make such final safety fitness determina- tions readily available to the public; and (4) prescribe by regulation penalties for vio- lations 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 pro- cedure shall include, at a minimum, the fol- lowing elements: (1) Specific initial and continuing require- ments 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) PROHIBITED TRANSPORTATION.— (1) IN GENERAL.—Except as provided in sec- tion 521(b)(5)(A) and this subsection, an owner or operator who the Secretary determines is not fit may not operate commercial motor ve- hicles in interstate commerce beginning on the 61st day after the date of such fitness de- termination and until the Secretary deter- mines such owner or operator is fit. (2) OWNERS OR OPERATORS TRANSPORTING PAS- SENGERS.—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 deter- mines such owner or operator is fit. (3) OWNERS OR OPERATORS TRANSPORTING HAZ- ARDOUS MATERIAL.—With regard to owners or operators of commercial motor vehicles de- signed or used to transport hazardous material for which placarding of a motor vehicle is re- quired under regulations prescribed under chapter 51, an owner or operator who the Sec- retary determines is not fit may not operate in interstate commerce beginning on the 46th Page 879 TITLE 49—TRANSPORTATION § 31144 day after the date of such fitness determina- tion and until the Secretary determines such owner or operator is fit. A violation of this paragraph by an owner or operator trans- porting hazardous material shall be considered a violation of chapter 51, and shall be subject to the penalties in sections 5123 and 5124. (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 oper- ating 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. (5) TRANSPORTATION AFFECTING INTERSTATE COMMERCE.—Owners or operators of commer- cial motor vehicles prohibited from operating in interstate commerce pursuant to para- graphs (1) through (3) of this section may not operate any commercial motor vehicle that af- fects interstate commerce until the Secretary determines that such owner or operator is fit. (d) DETERMINATION OF UNFITNESS BY STATE.—If a State that receives motor carrier safety as- sistance program funds under section 31102 de- termines, by applying the standards prescribed by the Secretary under subsection (b), that an owner or operator of a commercial motor vehi- cle that has its principal place of business in that State and operates in intrastate commerce is unfit under such standards and prohibits the owner or operator from operating such vehicle in the State, the Secretary shall prohibit the owner or operator from operating such vehicle in interstate commerce until the State deter- mines that the owner or operator is fit. (e) 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 op- erator’s compliance with those requirements with which the owner or operator failed to comply and resulted in the Secretary deter- mining that the owner or operator was not fit. (2) OWNERS OR OPERATORS TRANSPORTING PAS- SENGERS.—Not later than 30 days after an unfit owner or operator of commercial motor vehicles designed or used to transport pas- sengers 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 HAZ- ARDOUS 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 com- pliance with those requirements with which the owner or operator failed to comply and re- sulted in the Secretary determining that the owner or operator was not fit. (f) PROHIBITED GOVERNMENT USE.—A depart- ment, 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. (g) SAFETY REVIEWS OF NEW OPERATORS.— (1) SAFETY REVIEW.— (A) IN GENERAL.—Except as provided under subparagraph (B), the Secretary shall re- quire, by regulation, each owner and each operator granted new registration under sec- tion 13902 or 31134 to undergo a safety review not later than 12 months after the owner or operator, as the case may be, begins oper- ations under such registration. (B) PROVIDERS OF MOTORCOACH SERVICES.— The Secretary shall require, by regulation, each owner and each operator granted new registration to transport passengers under section 13902 or 31134 to undergo a safety re- view not later than 120 days after the owner or operator, as the case may be, begins oper- ations under such registration. (2) ELEMENTS.—In the regulations issued pursuant to paragraph (1), the Secretary shall establish the elements of the safety review, in- cluding basic safety management controls. In establishing such elements, the Secretary shall consider their effects on small businesses and shall consider establishing alternate loca- tions where such reviews may be conducted for the convenience of small businesses. (3) PHASE-IN OF REQUIREMENT.—The Sec- retary shall phase in the requirements of para- graph (1) in a manner that takes into account the availability of certified motor carrier safe- ty auditors. (4) NEW ENTRANT AUTHORITY.—Notwith- standing any other provision of this title, any new operating authority granted after the date on which section 31148(b) is first imple- mented shall be designated as new entrant au- thority until the safety review required by paragraph (1) is completed. [(5) Repealed. Pub. L. 114–94, div. A, title V, § 5101(e)(1), Dec. 4, 2015, 129 Stat. 1525.] (6) ADDITIONAL REQUIREMENTS FOR HOUSE- HOLD GOODS MOTOR CARRIERS.— (A) IN GENERAL.—In addition to the re- quirements of this subsection, the Secretary shall require, by regulation, each registered household goods motor carrier to undergo a consumer protection standards review not later than 18 months after the household goods motor carrier begins operations under such authority. (B) ELEMENTS.—In the regulations issued pursuant to subparagraph (A), the Secretary shall establish the elements of the consumer protections standards review, including basic management controls. In establishing the elements, the Secretary shall consider the effects on small businesses and shall consider establishing alternate locations where such reviews may be conducted for the convenience of small businesses. (h) RECOGNITION OF CANADIAN MOTOR CARRIER SAFETY FITNESS DETERMINATIONS.— (1) If an authorized agency of the Canadian federal government or a Canadian Territorial Page 880 TITLE 49—TRANSPORTATION § 31144 or Provincial government determines, by ap- plying the procedure and standards prescribed by the Secretary under subsection (b) or pur- suant to an agreement under paragraph (2), that a Canadian employer is unfit and pro- hibits the employer from operating a commer- cial motor vehicle in Canada or any Canadian Province, the Secretary may prohibit the em- ployer from operating such vehicle in inter- state and foreign commerce until the author- ized Canadian agency determines that the em- ployer is fit. (2) The Secretary may consult and partici- pate in negotiations with authorized officials of the Canadian federal government or a Cana- dian Territorial or Provincial government, as necessary, to provide reciprocal recognition of each country’s motor carrier safety fitness de- terminations. An agreement shall provide, to the maximum extent practicable, that each country will follow the procedure and stand- ards prescribed by the Secretary under sub- section (b) in making motor carrier safety fit- ness determinations. (i) PERIODIC SAFETY REVIEWS OF OWNERS AND OPERATORS OF INTERSTATE FOR-HIRE COMMERCIAL MOTOR VEHICLES DESIGNED OR USED TO TRANS- PORT PASSENGERS.— (1) SAFETY REVIEW.— (A) IN GENERAL.—The Secretary shall— (i) determine the safety fitness of each motor carrier of passengers who the Sec- retary registers under section 13902 or 31134 through a simple and understandable rating system that allows passengers to compare the safety performance of each such motor carrier; and (ii) assign a safety fitness rating to each such motor carrier. (B) APPLICABILITY.—Subparagraph (A) shall apply— (i) to any provider of motorcoach serv- ices registered with the Administration after the date of enactment of the Motor- coach Enhanced Safety Act of 2012 begin- ning not later than 2 years after the date of such registration; and (ii) to any provider of motorcoach serv- ices registered with the Administration on or before the date of enactment of that Act beginning not later than 3 years after the date of enactment of that Act. (2) PERIODIC REVIEW.—The Secretary shall establish, by regulation, a process for moni- toring the safety performance of each motor carrier of passengers on a regular basis fol- lowing the assignment of a safety fitness rat- ing, including progressive intervention to cor- rect unsafe practices. (3) ENFORCEMENT STRIKE FORCES.—In addi- tion to the enhanced monitoring and enforce- ment actions required under paragraph (2), the Secretary may organize special enforcement strike forces targeting motor carriers of pas- sengers. (4) PERIODIC UPDATE OF SAFETY FITNESS RAT- ING.—In conducting the safety reviews re- quired under this subsection, the Secretary shall— (A) reassess the safety fitness rating of each motor carrier of passengers not less fre- quently than once every 3 years; and (B) annually assess the safety fitness of certain motor carriers of passengers that serve primarily urban areas with high pas- senger loads. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1012; Pub. L. 104–88, title I, § 104(g), Dec. 29, 1995, 109 Stat. 920; Pub. L. 105–178, title IV, § 4009(a), June 9, 1998, 112 Stat. 405; Pub. L. 106–159, title II, § 210(a), Dec. 9, 1999, 113 Stat. 1764; Pub. L. 109–59, title IV, §§ 4107(b), 4114, title VII, § 7112(b), (c), Aug. 10, 2005, 119 Stat. 1720, 1725, 1899; Pub. L. 110–244, title III, § 301(b), (c), June 6, 2008, 122 Stat. 1616; Pub. L. 111–147, title IV, § 422(e), Mar. 18, 2010, 124 Stat. 87; Pub. L. 111–322, title II, § 2202(e), Dec. 22, 2010, 124 Stat. 3525; Pub. L. 112–5, title II, § 202(e), Mar. 4, 2011, 125 Stat. 17; Pub. L. 112–30, title I, § 122(e), Sept. 16, 2011, 125 Stat. 349; Pub. L. 112–102, title II, § 202(e), Mar. 30, 2012, 126 Stat. 274; Pub. L. 112–140, title II, § 202(e), June 29, 2012, 126 Stat. 395; Pub. L. 112–141, div. C, title II, §§ 32102(a), 32202, 32603(e), 32707(a), 32921(b), div. G, title II, § 112002(d), July 6, 2012, 126 Stat. 778, 784, 808, 813, 828, 983; Pub. L. 113–159, title I, § 1102(e), Aug. 8, 2014, 128 Stat. 1844; Pub. L. 114–21, title I, § 1102(e), May 29, 2015, 129 Stat. 222; Pub. L. 114–41, title I, § 1102(e), July 31, 2015, 129 Stat. 449; Pub. L. 114–73, title I, § 1102(e), Oct. 29, 2015, 129 Stat. 572; Pub. L. 114–87, title I, § 1102(e), Nov. 20, 2015, 129 Stat. 681; Pub. L. 114–94, div. A, title V, §§ 5101(e)(1), 5105(d), 5508(b)(4), Dec. 4, 2015, 129 Stat. 1525, 1529, 1554.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 31144(a)(1) .. 49 App.:2512(a), (b). Oct. 30, 1984, Pub. L. 98–554, § 215, 98 Stat. 2844. 31144(a)(2) .. 49 App.:2512(c). 31144(b) ...... 49 App.:2512(d). In subsection (a), the word ‘‘regulation’’ is sub- stituted for ‘‘rule’’ for consistency in the revised title and because the terms are synonymous. In subsection (a)(1), the words ‘‘after notice and op- portunity for comment’’ are omitted as unnecessary be- cause of 5:553. The text of 49 App.:2512(b) is omitted as executed. Editorial Notes REFERENCES IN TEXT The date of enactment of the Motorcoach Enhanced Safety Act of 2012, referred to in subsec. (i)(1)(B), is the date of enactment of subtitle G of title II of div. C of Pub. L. 112–141, which was approved July 6, 2012. AMENDMENTS 2015—Subsec. (g)(5). Pub. L. 114–94, § 5101(e)(1), struck out par. (5) which provided for grants to States for new entrant audits. Subsec. (g)(5)(B). Pub. L. 114–94, § 5105(d), amended subpar. (B) generally. Prior to amendment, text read as follows: ‘‘The Secretary shall set aside from amounts made available by section 31104(a) up to $32,000,000 per fiscal year and up to $5,683,060 for the period beginning on October 1, 2015, and ending on December 4, 2015, for audits of new entrant motor carriers conducted pursu- ant to this paragraph.’’ Pub. L. 114–87 substituted ‘‘and up to $5,683,060 for the period beginning on October 1, 2015, and ending on De- Page 881 TITLE 49—TRANSPORTATION § 31144 cember 4, 2015,’’ for ‘‘and up to $4,459,016 for the period beginning on October 1, 2015, and ending on November 20, 2015,’’. Pub. L. 114–73 substituted ‘‘and up to $4,459,016 for the period beginning on October 1, 2015, and ending on No- vember 20, 2015,’’ for ‘‘and up to $2,535,519 for the period beginning on October 1, 2015, and ending on October 29, 2015,’’. Pub. L. 114–41 substituted ‘‘per fiscal year and up to $2,535,519 for the period beginning on October 1, 2015, and ending on October 29, 2015,’’ for ‘‘per fiscal year and up to $26,652,055 for the period beginning on October 1, 2014, and ending on July 31, 2015,’’. Pub. L. 114–21 substituted ‘‘and up to $26,652,055 for the period beginning on October 1, 2014, and ending on July 31, 2015,’’ for ‘‘and up to $21,304,110 for the period beginning on October 1, 2014, and ending on May 31, 2015,’’. Subsec. (g)(6). Pub. L. 114–94, § 5508(b)(4), amended Pub. L. 112–141, § 32921(b). See 2012 Amendment note below. 2014—Subsec. (g)(5)(B). Pub. L. 113–159 inserted ‘‘and up to $21,304,110 for the period beginning on October 1, 2014, and ending on May 31, 2015,’’ after ‘‘per fiscal year’’. 2012—Subsec. (g)(1). Pub. L. 112–141, § 32102(a), amend- ed par. (1) generally. Prior to amendment, text read as follows: ‘‘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.’’ Subsec. (g)(5)(B). Pub. L. 112–141, § 112002(d), struck out ‘‘and up to $21,750,000 for the period beginning on October 1, 2011, and ending on June 30, 2012,’’ after ‘‘year’’. Pub. L. 112–141, § 32603(e), amended subpar. (B) gen- erally. Prior to amendment, text read as follows: ‘‘The Secretary shall set aside from amounts made available by section 31104(a) up to $29,000,000 per fiscal year for audits of new entrant motor carriers conducted pursu- ant to this paragraph.’’ Pub. L. 112–140, §§ 1(c), 202(e), temporarily substituted ‘‘and up to $22,040,000 for the period beginning on Octo- ber 1, 2011, and ending on July 6, 2012,’’ for ‘‘and up to $21,750,000 for the period beginning on October 1, 2011, and ending on June 30, 2012,’’. See Effective and Termi- nation Dates of 2012 Amendment note below. Pub. L. 112–102 substituted ‘‘and up to $21,750,000 for the period beginning on October 1, 2011, and ending on June 30, 2012,’’ for ‘‘and up to $14,500,000 for the period beginning on October 1, 2011, and ending on March 31, 2012,’’. Subsec. (g)(6). Pub. L. 112–141, § 32921(b), as amended by Pub. L. 114–94, § 5508(b)(4), added par. (6). Subsec. (h). Pub. L. 112–141, § 32202, added subsec. (h). Subsec. (i). Pub. L. 112–141, § 32707(a), added subsec. (i). 2011—Subsec. (g)(5)(B). Pub. L. 112–30 substituted ‘‘fis- cal year and up to $14,500,000 for the period beginning on October 1, 2011, and ending on March 31, 2012,’’ for ‘‘fiscal year’’. Pub. L. 112–5 struck out ‘‘(and up to $12,315,000 for the period beginning October 1, 2010, and ending on March 4, 2011)’’ after ‘‘year’’. 2010—Subsec. (g)(5)(B). Pub. L. 111–322 substituted ‘‘(and up to $12,315,000 for the period beginning October 1, 2010, and ending on March 4, 2011)’’ for ‘‘(and up to $7,310,000 for the period beginning on October 1, 2010, and ending on December 31, 2010)’’. Pub. L. 111–147 inserted ‘‘(and up to $7,310,000 for the period beginning on October 1, 2010, and ending on De- cember 31, 2010)’’ after ‘‘fiscal year’’. 2008—Pub. L. 110–244 amended Pub. L. 109–59, §§ 4107(b), 4114(c)(1), 7112. See 2005 Amendment notes below. 2005—Subsec. (a). Pub. L. 109–59, § 4114(a), reenacted heading without change and amended text of subsec. (a) generally. Prior to amendment, text read as follows: ‘‘The Secretary shall— ‘‘(1) determine whether an owner or operator is fit to operate safely commercial motor vehicles; ‘‘(2) periodically update such safety fitness deter- minations; ‘‘(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.’’ Subsec. (c). Pub. L. 109–59, § 7112(c), which directed amendment of this section by redesignating the second subsec. (c), relating to safety reviews of new operators, as (f), was repealed by Pub. L. 110–244, § 301(b)(2). Pub. L. 109–59, § 4107(b)(1), as amended by Pub. L. 110–244, § 301(b)(1), redesignated subsec. (c), relating to safety reviews of new operators, as (f). Subsec. (c)(1). Pub. L. 109–59, § 7112(b)(1), substituted ‘‘section 521(b)(5)(A)’’ for ‘‘sections 521(b)(5)(A) and 5113’’. Subsec. (c)(3). Pub. L. 109–59, § 7112(b)(2), inserted at end ‘‘A violation of this paragraph by an owner or oper- ator transporting hazardous material shall be consid- ered a violation of chapter 51, and shall be subject to the penalties in sections 5123 and 5124.’’ Subsec. (c)(5). Pub. L. 109–59, § 4114(b), added par. (5). Subsec. (d). Pub. L. 109–59, § 4114(c)(2), added subsec. (d). Former subsec. (d) redesignated (e). Pub. L. 109–59, § 4114(c)(1), as amended by Pub. L. 110–244, § 301(c), redesignated subsec. (d) as (e). Subsec. (e). Pub. L. 109–59, § 4114(c)(1), as amended by Pub. L. 110–244, § 301(c), redesignated subsec. (d) as (e). Former subsec. (e) redesignated (f). Subsec. (f). Pub. L. 109–59, § 7112(c), which directed amendment of this section by redesignating the second subsec. (c), relating to safety reviews of new operators, as (f), was repealed by Pub. L. 110–244, § 301(b)(2). Pub. L. 109–59, § 4114(c)(1), as amended by Pub. L. 110–244, § 301(c), redesignated subsec. (e) as (f). Former subsec. (f) redesignated (g). Pub. L. 109–59, § 4107(b)(1), as amended by Pub. L. 110–244, § 301(b)(1), redesignated subsec. (c), relating to safety reviews of new operators, as (f). Subsec. (f)(5). Pub. L. 109–59, § 4107(b)(2), as amended by Pub. L. 110–244, § 301(b)(1), added par. (5). Subsec. (g). Pub. L. 109–59, § 4114(c)(1), as amended by Pub. L. 110–244, § 301(c), redesignated subsec. (f) as (g). 1999—Subsec. (c). Pub. L. 106–159 added subsec. (c) re- lating to safety reviews of new operators. 1998—Pub. L. 105–178 reenacted section catchline without change and amended text generally, sub- stituting, in subsec. (a), general provisions for provi- sions relating to procedure and, in subsec. (b), provi- sions relating to procedure for provisions relating to findings and action on registrations, and adding sub- secs. (c) to (e). 1995—Subsec. (a)(1). Pub. L. 104–88, § 104(g)(1)–(3), in first sentence substituted ‘‘The Secretary’’ for ‘‘In co- operation with the Interstate Commerce Commission, the Secretary’’ and ‘‘section 13902’’ for ‘‘sections 10922 and 10923’’ and in subpar. (C) struck out ‘‘and the Com- mission’’ after ‘‘Secretary’’. Subsec. (b). Pub. L. 104–88, § 104(g)(4), added subsec. (b) and struck out former subsec. (b) which read as follows: ‘‘FINDINGS AND ACTION ON APPLICATIONS.—The Commis- sion 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 sub- section (a) of this section; and ‘‘(2) deny the application.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Amendment by section 5105(d) of Pub. L. 114–94 effec- tive Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees. Amendment by section 5101(e)(1) of Pub. L. 114–94 ef- fective Oct. 1, 2016, see section 5101(f) of Pub. L. 114–94, set out as a note under section 31102 of this title. Page 882 TITLE 49—TRANSPORTATION § 31145 Pub. L. 114–94, div. A, title V, § 5508(b), Dec. 4, 2015, 129 Stat. 1554, provided that the amendment made by sec- tion 5508(b)(4) is effective as of July 6, 2012, and as if in- cluded in Pub. L. 112–141 as enacted. EFFECTIVE AND TERMINATION DATES OF 2012 AMENDMENT Amendment by sections 32202, 32603(e), and 32707(a) ef- fective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as a note under section 101 of Title 23, High- ways. Pub. L. 112–141, div. C, title II, § 32102(b), July 6, 2012, 126 Stat. 778, provided that: ‘‘The amendments made by subsection (a) [amending this section] shall take effect 1 year after the date of enactment of this Act [see sec- tion 3(a), (b) of Pub. L. 112–141, set out as notes under section 101 of Title 23, Highways].’’ Amendment by section 32921(b) of Pub. L. 112–141 ef- fective 2 years after the date of enactment of Pub. L. 112–141, see section 32921(c) of Pub. L. 112–141, set out as an Effective Date of 2012 Amendment note under sec- tion 13902 of this title. Amendment by section 112002(d) of Pub. L. 112–141 ef- fective July 1, 2012, see section 114001 of Pub. L. 112–141, set out as a note under section 5305 of this title. Amendment by Pub. L. 112–140 to cease to be effective on July 6, 2012, with text as amended by Pub. L. 112–140 to revert back to read as it did on the day before June 29, 2012, and amendments by Pub. L. 112–141 to be exe- cuted as if Pub. L. 112–140 had not been enacted, see section 1(c) of Pub. L. 112–140, set out as a note under section 101 of Title 23, Highways. EFFECTIVE DATE OF 2008 AMENDMENT Amendment by Pub. L. 110–244 effective as of the date of enactment of Pub. L. 109–59 (Aug. 10, 2005) and to be treated as included in Pub. L. 109–59 as of that date, and provisions of Pub. L. 109–59, as in effect on the day be- fore June 6, 2008, that are amended by Pub. L. 110–244 to be treated as not enacted, see section 121(b) of Pub. L. 110–244, set out as a note under section 101 of Title 23, Highways. 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 1301 of this title. DEEMED REFERENCES TO CHAPTERS 509 AND 511 OF TITLE 51 General references to ‘‘this title’’ deemed to refer also to chapters 509 and 511 of Title 51, National and Commercial Space Programs, see section 4(d)(8) of Pub. L. 111–314, set out as a note under section 101 of this title. IMPROVING FEDERAL-STATE MOTOR CARRIER SAFETY ENFORCEMENT COORDINATION Pub. L. 117–58, div. B, title III, § 23014, Nov. 15, 2021, 135 Stat. 773, provided that: ‘‘(a) DEFINITIONS.—In this section: ‘‘(1) COVERED STATE.—The term ‘covered State’ means a State that receives Federal funds under the motor carrier safety assistance program established under section 31102 of title 49, United States Code. ‘‘(2) IMMINENT HAZARD.—The term ‘imminent haz- ard’ has the same meaning as in section 521 of title 49, United States Code. ‘‘(b) REVIEW AND ENFORCEMENT OF STATE OUT-OF- SERVICE ORDERS.—As soon as practicable after the date of enactment of this Act [Nov. 15, 2021], the Secretary [of Transportation] shall publish in the Federal Reg- ister a process under which the Secretary shall review each out-of-service order issued by a covered State in accordance with section 31144(d) of title 49, United States Code, by not later than 30 days after the date on which the out-of-service order is submitted to the Sec- retary by the covered State. ‘‘(c) REVIEW AND ENFORCEMENT OF STATE IMMINENT HAZARD DETERMINATIONS.— ‘‘(1) IN GENERAL.—As soon as practicable after the date of enactment of this Act, the Secretary shall publish in the Federal Register a process under which the Secretary shall review imminent hazard deter- minations made by covered States. ‘‘(2) ENFORCEMENT.—On reviewing an imminent haz- ard determination under paragraph (1), the Secretary shall pursue enforcement under section 521 of title 49, United States Code, as the Secretary determines to be appropriate.’’ HIGH RISK CARRIER REVIEWS Pub. L. 114–94, div. A, title V, § 5305(a), (b), Dec. 4, 2015, 129 Stat. 1544, provided that: ‘‘(a) IN GENERAL.—The Secretary [of Transportation] shall ensure that a review is completed on each motor carrier that demonstrates through performance data that it poses the highest safety risk. At a minimum, a review shall be conducted whenever a motor carrier is among the highest risk carriers for 4 consecutive months. ‘‘(b) REPORT.—The Secretary shall post on a public Web site a report on the actions the Secretary has taken to comply with this section, including the num- ber of high risk carriers identified and the high risk carriers reviewed.’’ Pub. L. 109–59, title IV, § 4138, Aug. 10, 2005, 119 Stat. 1745, which required completion of high risk carrier compliance reviews, was repealed by Pub. L. 114–94, div. A, title V, § 5305(c), Dec. 4, 2015, 129 Stat. 1544. MINIMUM REQUIREMENTS Pub. L. 106–159, title II, § 210(b), Dec. 9, 1999, 113 Stat. 1765, as amended by Pub. L. 112–141, div. C, title II, § 32101(c), July 6, 2012, 126 Stat. 777, provided that: ‘‘The Secretary shall initiate a rulemaking to establish min- imum requirements for applicant motor carriers, in- cluding foreign motor carriers, seeking Federal inter- state operating authority to ensure applicant carriers are knowledgeable about applicable Federal motor car- rier safety standards. As part of that rulemaking, the Secretary shall establish a proficiency examination for applicant motor carriers as well as other requirements to ensure such applicants understand applicable safety regulations, commercial regulations, and provisions of subpart H of part 37 of title 49, Code of Federal Regula- tions, or successor regulations before being granted op- erating authority.’’ § 31145. Coordination of Governmental activities and paperwork The Secretary of Transportation shall coordi- nate the activities of departments, agencies, and instrumentalities of the United States Govern- ment to ensure adequate protection of the safe- ty and health of operators of commercial motor vehicles. The Secretary shall attempt to mini- mize paperwork burdens to ensure maximum co- ordination and to avoid overlap and the imposi- tion of unreasonable burdens on persons subject to regulations under this subchapter. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1012.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 31145 .......... 49 App.:2517(b). Oct. 30, 1984, Pub. L. 98–554, § 220(b), 98 Stat. 2846. § 31146. Relationship to other laws Except as provided in section 31136(b) of this title, this subchapter and the regulations pre- scribed under this subchapter do not affect chap- ter 51 of this title or a regulation prescribed under chapter 51.