INTRASTATE OPERATIONS OF INTERSTATE MOTOR CARRIERS.

SEC. 4114. INTRASTATE OPERATIONS OF INTERSTATE MOTOR CARRIERS.(a) In General.—Section 31144(a) of title 49, United States Code, is amended to read as follows:“(a) In General.—The Secretary shall—“(1) determine whether an owner or operator is fit to operate safely commercial motor vehicles, utilizing among other things the accident record of an owner or operator operating in interstate commerce and the accident record and safety inspection record of such owner or operator—“(A) in operations that affect interstate commerce within the United States; and“(B) in operations in Canada and Mexico if the owner or operator also conducts operations within the United States;“(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) Prohibited Transportation.—The first subsection (c) of section 31144 of such title is amended by adding at the end the following:“(5) Transportation affecting interstate commerce.—Owners or operators of commercial motor vehicles prohibited from operating in interstate commerce pursuant to paragraphs (1) through (3) of this section may not operate any commercial motor vehicle that affects interstate commerce until the Secretary determines that such owner or operator is fit.”.(c) Determination of Unfitness by State.—Section 31144 of such title is amended—119 STAT. 1726(1) by redesignating subsections (d), (e), and the second subsection (c) as subsections (e), (f), and (g), respectively; and(2) by inserting after subsection (c) the following:“(d) Determination of Unfitness by State.—If a State that receives motor carrier safety assistance program funds under section 31102 determines, by applying the standards prescribed by the Secretary under subsection (b), that an owner or operator of a commercial motor vehicle that has its principal place of business in that State and operates in intrastate commerce is unfit under such standards and prohibits the owner or operator from operating such vehicle in the State, the Secretary shall prohibit the owner or operator from operating such vehicle in interstate commerce until the State determines that the owner or operator is fit.”.