Pub. L. 109-59, tit. IV, subtit. A, sec. 4113

PATTERN OF SAFETY VIOLATIONS BY MOTOR CARRIER MANAGEMENT.

EnactedYear: 2005Length: 251 wordsOfficial source
SEC. 4113. PATTERN OF SAFETY VIOLATIONS BY MOTOR CARRIER MANAGEMENT.(a) Duties of Employers and Employees.—Section 31135 of title 49, United States Code, is amended—(1) by inserting “(a) In General.—” before “Each”; and(2) by adding at the end the following:“(b) Pattern of Noncompliance.—If the Secretary finds that an officer of a motor carrier engages or has engaged in a pattern or practice of avoiding compliance, or masking or otherwise concealing noncompliance, with regulations on commercial motor 119 STAT. 1725 vehicle safety prescribed under this subchapter, while serving as an officer of any motor carrier, the Secretary may suspend, amend, or revoke any part of the motor carrier’s registration under section 13905.“(c) Regulations.—Not later than 1 year after the date of enactment of this subsection, the Secretary shall by regulation establish standards to implement subsection (b).“(d) Definitions.—In this section, the following definitions apply:“(1) Motor carrier.—The term ‘motor carrier’ has the meaning such term has under section 13102.“(2) Officer.—The term ‘officer’ means an owner, director, chief executive officer, chief operating officer, chief financial officer, safety director, vehicle maintenance supervisor, and driver supervisor of a motor carrier, regardless of the title attached to those functions, and any person, however designated, exercising controlling influence over the operations of a motor carrier.”.(b) Cross Reference.—Section 13902(a)(1)(B) of such title is amended to read as follows:“(B)(i) any safety regulations imposed by the Secretary;“(ii) the duties of employers and employees established by the Secretary under section 31135; and“(iii) the safety fitness requirements established by the Secretary under section 31144; and”.
Pub. L. 109-59, tit. IV, subtit. A, sec. 4113: PATTERN OF SAFETY VIOLATIONS BY MOTOR CARRIER MANAGEMENT. | Justis AI