SAFETY FITNESS.

SEC. 4009. SAFETY FITNESS. (a) In General.— Section 31144 is amended to read as follows: “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 vehicles; “(2) periodically update such safety fitness determinations; “(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. “(b) Procedure.— The Secretary shall maintain by regulation a procedure for determining the safety fitness of an owner or operator. The procedure shall include, at a minimum, the following elements: “(1) Specific initial and continuing requirements 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 sections 521(b)(5)(A) and 5113 and this subsection, an owner or operator who the Secretary determines is not fit may not operate 112 STAT. 406commercial motor vehicles in interstate commerce beginning on the 61st day after the date of such fitness determination and until the Secretary determines such owner or operator is fit. “(2) Owners or operators transporting passengers.— 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 determines such owner or operator is fit. “(3) Owners or operators transporting hazardous material.— With regard to owners or operators 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, 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 determines such owner or operator is fit. “(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 operating 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. “(d) 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 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. “(2) Owners or operators transporting passengers.— Not later than 30 days after an unfit owner or operator of commercial motor vehicles designed or used to transport passengers 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 hazardous 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 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. “(e) Prohibited Government Use.— A department, 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.” .112 STAT. 407 (b) Conforming Amendment.— Section 5113 is amended by striking subsections (a), (b), (c), and (d) and inserting the following: “See section 31144.”.