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 AUDIT REQUIRE- MENT.—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 chap- ter 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 with- in the 1-year period established by that sub- section and notifies the Committee on Com- merce, Science, and Transportation of the Sen- ate 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 com- pliance with subsection (b) by not more than 12 months. (d) APPLICATION WITH OTHER AUTHORITY.—The Secretary may not delegate the Secretary’s au- thority to private contractors to issue ratings or operating authority, and nothing in this section authorizes any private contractor to issue rat- ings or operating authority. (e) OVERSIGHT RESPONSIBILITY.—The Secretary shall have authority over any motor carrier safety auditor certified under subsection (a), in- cluding the authority to decertify a motor car- rier safety auditor. (Added Pub. L. 106–159, title II, § 211(a), Dec. 9, 1999, 113 Stat. 1765.) Editorial Notes REFERENCES IN TEXT The date of the enactment of this section, referred to in subsecs. (a) and (b)(2), is the date of enactment of Pub. L. 106–159, which was approved Dec. 9, 1999. Statutory Notes and Related Subsidiaries INSPECTOR STANDARDS Pub. L. 114–94, div. A, title V, § 5205, Dec. 4, 2015, 129 Stat. 1537, provided that: ‘‘Not later than 90 days after the date of enactment of this Act [Dec. 4, 2015], the Ad- ministrator of the Federal Motor Carrier Safety Ad- ministration shall revise the regulations under part 385 of title 49, Code of Federal Regulations, as necessary, to incorporate by reference the certification standards for roadside inspectors issued by the Commercial Vehi- cle Safety Alliance.’’ § 31149. Medical program (a) MEDICAL REVIEW BOARD.— (1) ESTABLISHMENT AND FUNCTION.—The Sec- retary of Transportation shall establish a Medical Review Board to provide the Federal Motor Carrier Safety Administration with medical advice and recommendations on med- ical standards and guidelines for the physical qualifications of operators of commercial motor vehicles, medical examiner education, and medical research. (2) COMPOSITION.—The Medical Review Board shall be appointed by the Secretary and shall consist of 5 members selected from medical in- stitutions and private practice. The member- ship shall reflect expertise in a variety of med- ical specialties relevant to the driver fitness requirements of the Federal Motor Carrier Safety Administration. (b) CHIEF MEDICAL EXAMINER.—The Secretary shall appoint a chief medical examiner who shall be an employee of the Federal Motor Car- rier Safety Administration and who shall hold a position under section 3104 of title 5, United States Code, relating to employment of spe- cially qualified scientific and professional per- sonnel, and shall be paid under section 5376 of title 5, United States Code, relating to pay for certain senior-level positions. (c) MEDICAL STANDARDS AND REQUIREMENTS.— (1) IN GENERAL.—The Secretary, with the ad- vice of the Medical Review Board and the chief medical examiner, shall— (A) establish, review, and revise— (i) medical standards for operators of commercial motor vehicles that will en- sure that the physical condition of opera-