PRIA, Government Policy, Made Personal

Summary

The Secretary of Transportation must finish a rule within 1 year after this law is passed to set up better training and to certify motor carrier safety auditors, including private contractors. Then, within 1 year after that rule is finished, any safety inspection audit or review done under this law or under chapters 5, 313, or 315 and performed after December 31, 2002 must be done by a certified motor carrier safety auditor or by a Federal or State employee who was already qualified on the date this law was passed. If the Secretary cannot meet the 1‑year deadline for audits, the Secretary may delay it up to 12 more months after telling the Senate Commerce, Science, and Transportation Committee and the House Transportation and Infrastructure Committee why. Private contractors may not be given the power to issue ratings or operating authority. The Secretary controls certified auditors and may remove their certification.

Title 49, §31148

Transportation, Source: USLM XML via OLRC

(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 motor carrier safety auditor.

Notes & Related Subsidiaries

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 Administrator of the Federal Motor Carrier Safety Administration 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 Vehicle Safety Alliance.”

§31148 Certified Motor Carrier Safety Auditors

Summary

Title 49, §31148

Notes & Related Subsidiaries

Editorial Notes

References in Text

Statutory Notes and Related Subsidiaries

Regulations

Regulations

Citations & Metadata