§ 31100. Purpose

§ 31100. Purpose

(1) focusing resources on strategic safety investments to promote safe for-hire and private transportation, including transportation of passengers and hazardous materials, to identify high-risk carriers and drivers, and to invest in activities likely to generate maximum reductions in the number and severity of commercial motor vehicle crashes;

(2) increasing administrative flexibility and developing and enforcing effective, compatible, and cost-beneficial motor carrier, commercial motor vehicle, and driver safety regulations and practices, including improving enforcement of State and local traffic safety laws and regulations;

(3) assessing and improving statewide program performance by setting program outcome goals, improving problem identification and countermeasures planning, designing appropriate performance standards, measures, and benchmarks, improving performance information and analysis systems, and monitoring program effectiveness;

(4) ensuring that drivers of commercial motor vehicles and enforcement personnel obtain adequate training in safe operational practices and regulatory requirements; and

(5) advancing promising technologies and encouraging adoption of safe operational practices.

(Added Pub. L. 105–178, title IV, § 4002(a), June 9, 1998, 112 Stat. 395.)

Statutory Notes and Related Subsidiaries

Compliance, Safety, Accountability Reform

Pub. L. 114–94, div. A, title V, subtitle B, part II, Dec. 4, 2015, 129 Stat. 1538, provided that: “SEC. 5221. CORRELATION STUDY.“(a) In General.—The Administrator of the Federal Motor Carrier Safety Administration (referred to in this part as the ‘Administrator’) shall commission the National Research Council of the National Academies to conduct a study of—“(1) the Compliance, Safety, Accountability program of the Federal Motor Carrier Safety Administration (referred to in this part as the ‘CSA program’); and “(2) the Safety Measurement System utilized by the CSA program (referred to in this part as the ‘SMS’). “(b) Scope of Study.—In carrying out the study commissioned pursuant to subsection (a), the National Research Council—“(1) shall analyze—“(A) the accuracy with which the Behavior Analysis and Safety Improvement Categories (referred to in this part as ‘BASIC’)—“(i) identify high risk carriers; and “(ii) predict or are correlated with future crash risk, crash severity, or other safety indicators for motor carriers, including the highest risk carriers; “(B) the methodology used to calculate BASIC percentiles and identify carriers for enforcement, including the weights assigned to particular violations and the tie between crash risk and specific regulatory violations, with respect to accurately identifying and predicting future crash risk for motor carriers; “(C) the relative value of inspection information and roadside enforcement data; “(D) any data collection gaps or data sufficiency problems that may exist and the impact of those gaps and problems on the efficacy of the CSA program; “(E) the accuracy of safety data, including the use of crash data from crashes in which a motor carrier was free from fault; “(F) whether BASIC percentiles for motor carriers of passengers should be calculated separately from motor carriers of freight; “(G) the differences in the rates at which safety violations are reported to the Federal Motor Carrier Safety Administration for inclusion in the SMS by various enforcement authorities, including States, territories, and Federal inspectors; and “(H) how members of the public use the SMS and what effect making the SMS information public has had on reducing crashes and eliminating unsafe motor carriers from the industry; and “(2) shall consider—“(A) whether the SMS provides comparable precision and confidence, through SMS alerts and percentiles, for the relative crash risk of individual large and small motor carriers; “(B) whether alternatives to the SMS would identify high risk carriers more accurately; and “(C) the recommendations and findings of the Comptroller General of the United States and the Inspector General of the Department [of Transportation], and independent review team reports, issued before the date of enactment of this Act [Dec. 4, 2015]. “(c) Report.—Not later than 18 months after the date of enactment of this Act, the Administrator shall—“(1) submit a report containing the results of the study commissioned pursuant to subsection (a) to—“(A) the Committee on Commerce, Science, and Transportation of the Senate; “(B) the Committee on Transportation and Infrastructure of the House of Representatives; and “(C) the Inspector General of the Department; and “(2) publish the report on a publicly accessible Internet Web site of the Department. “(d) Corrective Action Plan.—“(1) In general.—Not later than 120 days after the Administrator submits the report under subsection (c), if that report identifies a deficiency or opportunity for improvement in the CSA program or in any element of the SMS, the Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a corrective action plan that—“(A) responds to the deficiencies or opportunities identified by the report; “(B) identifies how the Federal Motor Carrier Safety Administration will address such deficiencies or opportunities; and “(C) provides an estimate of the cost, including with respect to changes in staffing, enforcement, and data collection, necessary to address such deficiencies or opportunities. “(2) Program reforms.—The corrective action plan submitted under paragraph (1) shall include an implementation plan that—“(A) includes benchmarks; “(B) includes programmatic reforms, revisions to regulations, or proposals for legislation; and “(C) shall be considered in any rulemaking by the Department that relates to the CSA program, including the SMS or data analysis under the SMS. “(e) Inspector General Review.—Not later than 120 days after the Administrator submits a corrective action plan under subsection (d), the Inspector General of the Department shall—“(1) review the extent to which such plan addresses—“(A) recommendations contained in the report submitted under subsection (c); and “(B) relevant recommendations issued by the Comptroller General or the Inspector General before the date of enactment of this Act; and “(2) submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the responsiveness of the corrective action plan to the recommendations described in paragraph (1). “SEC. 5222. BEYOND COMPLIANCE.“(a) In General.—Not later than 18 months after the date of enactment of this Act [Dec. 4, 2015], the Administrator shall allow recognition, including credit or an improved SMS percentile, for a motor carrier that—“(1) installs advanced safety equipment; “(2) uses enhanced driver fitness measures; “(3) adopts fleet safety management tools, technologies, and programs; or “(4) satisfies other standards determined appropriate by the Administrator. “(b) Implementation.—The Administrator shall carry out subsection (a) by—“(1) incorporating a methodology into the CSA program; or “(2) establishing a safety BASIC in the SMS. “(c) Process.—“(1) In general.—The Administrator, after providing notice and an opportunity for comment, shall develop a process for identifying and reviewing advanced safety equipment, enhanced driver fitness measures, fleet safety management tools, technologies, and programs, and other standards for use by motor carriers to receive recognition, including credit or an improved SMS percentile, for purposes of subsection (a). “(2) Contents.—A process developed under paragraph (1) shall—“(A) provide for a petition process for reviewing advanced safety equipment, enhanced driver fitness measures, fleet safety management tools, technologies, and programs, and other standards; and “(B) seek input and participation from industry stakeholders, including commercial motor vehicle drivers, technology manufacturers, vehicle manufacturers, motor carriers, law enforcement, safety advocates, and the Motor Carrier Safety Advisory Committee. “(d) Qualification.—The Administrator, after providing notice and an opportunity for comment, shall develop technical or other performance standards with respect to advanced safety equipment, enhanced driver fitness measures, fleet safety management tools, technologies, and programs, and other standards for purposes of subsection (a). “(e) Monitoring.—The Administrator may authorize qualified entities to monitor motor carriers that receive recognition, including credit or an improved SMS percentile, under this section through a no-cost contract structure. “(f) Dissemination of Information.—The Administrator shall maintain on a publicly accessible Internet Web site of the Department information on—“(1) the advanced safety equipment, enhanced driver fitness measures, fleet safety management tools, technologies, and programs, and other standards eligible for recognition, including credit or an improved SMS percentile; “(2) any petitions for review of advanced safety equipment, enhanced driver fitness measures, fleet safety management tools, technologies, and programs, and other standards; and “(3) any relevant statistics relating to the use of advanced safety equipment, enhanced driver fitness measures, fleet safety management tools, technologies, and programs, and other standards. “(g) Report.—Not later than 3 years after the date of enactment of this Act, the Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the—“(1) number of motor carriers receiving recognition, including credit or an improved SMS percentile, under this section; and “(2) safety performance of such carriers. “SEC. 5223. DATA CERTIFICATION.“(a) In General.—On and after the date that is 1 day after the date of enactment of this Act [Dec. 4, 2015], no information regarding analysis of violations, crashes in which a determination is made that the motor carrier or the commercial motor vehicle driver is not at fault, alerts, or the relative percentile for each BASIC developed under the CSA program may be made available to the general public until the Inspector General of the Department certifies that—“(1) the report required under section 5221(c) has been submitted in accordance with that section; “(2) any deficiencies identified in the report required under section 5221(c) have been addressed; “(3) if applicable, the corrective action plan under section 5221(d) has been implemented; “(4) the Administrator of the Federal Motor Carrier Safety Administration has fully implemented or satisfactorily addressed the issues raised in the report titled ‘Modifying the Compliance, Safety, Accountability Program Would Improve the Ability to Identify High Risk Carriers’ of the Government Accountability Office and dated February 2014 (GAO–14–114); and “(5) the Secretary [of Transportation] has initiated modification of the CSA program in accordance with section 5222. “(b) Limitation on the Use of CSA Analysis.—Information regarding alerts and the relative percentile for each BASIC developed under the CSA program may not be used for safety fitness determinations until the Inspector General of the Department makes the certification under subsection (a). “(c) Continued Public Availability of Data.—Notwithstanding any other provision of this section, inspection and violation information submitted to the Federal Motor Carrier Safety Administration by commercial motor vehicle inspectors and qualified law enforcement officials, out-of-service rates, and absolute measures shall remain available to the public. “(d) Exceptions.—“(1) In general.—Notwithstanding any other provision of this section—“(A) the Federal Motor Carrier Safety Administration and State and local commercial motor vehicle enforcement agencies may use the information referred to in subsection (a) for purposes of investigation and enforcement prioritization; “(B) a motor carrier and a commercial motor vehicle driver may access information referred to in subsection (a) that relates directly to the motor carrier or driver, respectively; and “(C) a data analysis of motorcoach operators may be provided online with a notation indicating that the ratings or alerts listed are not intended to imply any Federal safety rating of the carrier. “(2) Notation.—The notation described in paragraph (1)(C) shall include the following: ‘Readers should not draw conclusions about a carrier’s overall safety condition simply based on the data displayed in this system. Unless a motor carrier has received an UNSATISFACTORY safety rating under part 385 of title 49, Code of Federal Regulations, or has otherwise been ordered to discontinue operations by the Federal Motor Carrier Safety Administration, it is authorized to operate on the Nation’s roadways.’. “(3) Rule of construction.—Nothing in this section may be construed to restrict the official use by State enforcement agencies of the data collected by State enforcement personnel. “SEC. 5224. DATA IMPROVEMENT.“(a) Functional Specifications.—The Administrator shall develop functional specifications to ensure the consistent and accurate input of data into systems and databases relating to the CSA program. “(b) Functionality.—The functional specifications developed pursuant to subsection (a)—“(1) shall provide for the hardcoding and smart logic functionality for roadside inspection data collection systems and databases; and “(2) shall be made available to public and private sector developers. “(c) Effective Data Management.—The Administrator shall ensure that internal systems and databases accept and effectively manage data using uniform standards. “(d) Consultation With the States.—Before implementing the functional specifications developed pursuant to subsection (a) or the standards described in subsection (c), the Administrator shall seek input from the State agencies responsible for enforcing section 31102 of title 49, United States Code. “SEC. 5225. ACCIDENT REVIEW.“(a) In General.—Not later than 1 year after a certification under section 5223, the Secretary shall task the Motor Carrier Safety Advisory Committee with reviewing the treatment of preventable crashes under the SMS. “(b) Duties.—Not later than 6 months after being tasked under subsection (a), the Motor Carrier Safety Advisory Committee shall make recommendations to the Secretary on a process to allow motor carriers and drivers to request that the Administrator make a determination with respect to the preventability of a crash, if such a process has not yet been established by the Secretary. “(c) Report.—The Secretary shall—“(1) review and consider the recommendations provided by the Motor Carrier Safety Advisory Committee; and “(2) report to Congress on how the Secretary intends to address the treatment of preventable crashes. “(d) Preventable Defined.—In this section, the term ‘preventable’ has the meaning given that term in Appendix B of part 385 of title 49, Code of Federal Regulations, as in effect on the date of enactment of this Act [Dec. 4, 2015].”

Administration of Grant Programs

Pub. L. 112–141, div. C, title II, § 32603(i), July 6, 2012, 126 Stat. 808, provided that: “The Secretary [of Transportation] is authorized to identify and implement processes to reduce the administrative burden on the States and the Department of Transportation concerning the application and management of the grant programs authorized under chapter 311 and chapter 313 of title 49, United States Code.”

Trucking Security

Pub. L. 109–347, title VII, § 703, Oct. 13, 2006, 120 Stat. 1944, provided that: “(a) Legal Status Verification for Licensed United States Commercial Drivers.—Not later than 18 months after the date of the enactment of this Act [Oct. 13, 2006], the Secretary of Transportation, in cooperation with the Secretary [of Homeland Security], shall issue regulations to implement the recommendations contained in the memorandum of the Inspector General of the Department of Transportation issued on June 4, 2004 (Control No. 2004–054). “(b) Commercial Driver’s License Antifraud Programs.—Not later than 18 months after the date of the enactment of this Act [Oct. 13, 2006], the Secretary of Transportation, in cooperation with the Secretary [of Homeland Security], shall issue a regulation to implement the recommendations contained in the Report on Federal Motor Carrier Safety Administration Oversight of the Commercial Driver’s License Program (MH–2006–037). “(c) Verification of Commercial Motor Vehicle Traffic.—“(1) Guidelines.—Not later than 18 months after the date of the enactment of this Act [Oct. 13, 2006], the Secretary [of Homeland Security], in consultation with the Secretary of Transportation, shall draft guidelines for Federal, State, and local law enforcement officials, including motor carrier safety enforcement personnel, on how to identify noncompliance with Federal laws uniquely applicable to commercial motor vehicles and commercial motor vehicle operators engaged in cross-border traffic and communicate such noncompliance to the appropriate Federal authorities. Such guidelines shall be coordinated with the training and outreach activities of the Federal Motor Carrier Safety Administration under section 4139 of SAFETEA-LU (Public Law 109–59) [set out below]. “(2) Verification.—Not later than 18 months after the date of the enactment of this Act [Oct. 13, 2006], the Administrator of the Federal Motor Carrier Safety Administration shall modify the final rule regarding the enforcement of operating authority (Docket No. FMCSA–2002–13015) to establish a system or process by which a carrier’s operating authority can be verified during a roadside inspection.”

Outreach and Education