§31143 — Title 49 Transportation | U.S. Code

Summary

The Secretary must quickly investigate any written complaint that is not clearly baseless about a serious rule violation that happened in the last 60 days, and must tell the person who complained what was found. The Secretary does not have to open separate probes for duplicate complaints. Even if section 552 of title 5 would apply, the Secretary may only reveal a complainant’s identity if it is needed to prosecute the case, and must use all practical means to protect that person from harassment, intimidation, disciplinary action, discrimination, or financial loss.

Title 49, §31143

Transportation — Source: USLM XML via OLRC

(a)The Secretary of Transportation shall conduct a timely investigation of a nonfrivolous written complaint alleging that a substantial violation of a regulation prescribed under this subchapter is occurring 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 investigations of duplicative complaints.

(b)Notwithstanding section 552 of title 5, the Secretary may disclose the identity of a complainant only if disclosure is necessary to prosecute a violation. If disclosure becomes necessary, the Secretary shall take every practical means within the Secretary’s authority to ensure that the complainant is not subject to harassment, intimidation, disciplinary action, discrimination, or financial loss because of the disclosure.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (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 Secretary [of Transportation] shall establish, maintain, and promote the use of a nationwide toll-free telephone system to be used by drivers of commercial motor vehicles and others to report potential violations of Federal motor carrier safety

Regulations

. “(b) Monitoring.—The Secretary shall monitor reports received by the telephone system and may consider 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

Regulations

and procedures. “(d) Protection of Persons Reporting Violations.—“(1) Prohibition.—A person reporting a potential violation to the telephone system while acting in good faith may not be discharged, disciplined, or discriminated against regarding pay, terms, or privileges 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.”

§31143 Investigating complaints and protecting complainants

Summary

Title 49, §31143

Notes & Related Subsidiaries

Historical and Revision Notes

Statutory Notes and Related Subsidiaries

Regulations

Enforcement

Regulations

Citations & Metadata