49 U.S.C. 31105(a)

§ 31105

TITLE 49—TRANSPORTATION
FUNDING

Pub. L. 109–59, title IV, § 4116(d), Aug. 10, 2005, 119
Stat. 1728, provided that: ‘‘Amounts made available
pursuant to section 31104(i) of title 49, United States
Code, shall be used by the Secretary [of Transportation] to carry out section 31149 of title 49, United
States Code.’’
INCREASED AUTHORIZATIONS FOR MOTOR CARRIER
SAFETY GRANTS
Pub. L. 105–178, title IV, § 4003(i), as added by Pub. L.
106–159, title I, § 103(b)(1), Dec. 9, 1999, 113 Stat. 1753, provided that: ‘‘The amount made available to incur obligations to carry out section 31102 of title 49, United
States Code, by section 31104(a) of such title for each of
fiscal years 2001 through 2003 shall be increased by
$65,000,000.’’

§ 31105. Employee protections
(a) PROHIBITIONS.—(1) A person may not discharge an employee, or discipline or discriminate against an employee regarding pay, terms,
or privileges of employment, because—
(A)(i) the employee, or another person at the
employee’s request, has filed a complaint or
begun a proceeding related to a violation of a
commercial motor vehicle safety or security
regulation, standard, or order, or has testified
or will testify in such a proceeding; or
(ii) the person perceives that the employee
has filed or is about to file a complaint or has
begun or is about to begin a proceeding related
to a violation of a commercial motor vehicle
safety or security regulation, standard, or
order;
(B) the employee refuses to operate a vehicle
because—
(i) the operation violates a regulation,
standard, or order of the United States related to commercial motor vehicle safety,
health, or security; or
(ii) the employee has a reasonable apprehension of serious injury to the employee or
the public because of the vehicle’s hazardous
safety or security condition;
(C) the employee accurately reports hours
on duty pursuant to chapter 315;
(D) the employee cooperates, or the person
perceives that the employee is about to cooperate, with a safety or security investigation by the Secretary of Transportation, the
Secretary of Homeland Security, or the National Transportation Safety Board; or
(E) the employee furnishes, or the person
perceives that the employee is or is about to
furnish, information to the Secretary of
Transportation, the Secretary of Homeland
Security, the National Transportation Safety
Board, or any Federal, State, or local regulatory or law enforcement agency as to the
facts relating to any accident or incident resulting in injury or death to an individual or
damage to property occurring in connection
with commercial motor vehicle transportation.
(2) Under paragraph (1)(B)(ii) of this subsection, an employee’s apprehension of serious
injury is reasonable only if a reasonable individual in the circumstances then confronting the
employee would conclude that the hazardous
safety or security condition establishes a real

Page 604

danger of accident, injury, or serious impairment to health. To qualify for protection, the
employee must have sought from the employer,
and been unable to obtain, correction of the hazardous safety or security condition.
(b) FILING COMPLAINTS AND PROCEDURES.—(1)
An employee alleging discharge, discipline, or
discrimination in violation of subsection (a) of
this section, or another person at the employee’s request, may file a complaint with the Secretary of Labor not later than 180 days after the
alleged violation occurred. All complaints initiated under this section shall be governed by the
legal burdens of proof set forth in section
42121(b). On receiving the complaint, the Secretary of Labor shall notify, in writing, the person alleged to have committed the violation of
the filing of the complaint.
(2)(A) Not later than 60 days after receiving a
complaint, the Secretary of Labor shall conduct
an investigation, decide whether it is reasonable
to believe the complaint has merit, and notify,
in writing, the complainant and the person alleged to have committed the violation of the
findings. If the Secretary of Labor decides it is
reasonable to believe a violation occurred, the
Secretary of Labor shall include with the decision findings and a preliminary order for the relief provided under paragraph (3) of this subsection.
(B) Not later than 30 days after the notice
under subparagraph (A) of this paragraph, the
complainant and the person alleged to have
committed the violation may file objections to
the findings or preliminary order, or both, and
request a hearing on the record. The filing of objections does not stay a reinstatement ordered
in the preliminary order. If a hearing is not requested within the 30 days, the preliminary
order is final and not subject to judicial review.
(C) A hearing shall be conducted expeditiously. Not later than 120 days after the end of
the hearing, the Secretary of Labor shall issue a
final order. Before the final order is issued, the
proceeding may be ended by a settlement agreement made by the Secretary of Labor, the complainant, and the person alleged to have committed the violation.
(3)(A) If the Secretary of Labor decides, on the
basis of a complaint, a person violated subsection (a) of this section, the Secretary of
Labor shall order the person to—
(i) take affirmative action to abate the violation;
(ii) reinstate the complainant to the former
position with the same pay and terms and
privileges of employment; and
(iii) pay compensatory damages, including
backpay with interest and compensation for
any special damages sustained as a result of
the discrimination, including litigation costs,
expert witness fees, and reasonable attorney
fees.
(B) If the Secretary of Labor issues an order
under subparagraph (A) of this paragraph and
the complainant requests, the Secretary of
Labor may assess against the person against
whom the order is issued the costs (including attorney fees) reasonably incurred by the complainant in bringing the complaint. The Secretary of Labor shall determine the costs that
reasonably were incurred.

Page 605

(C) Relief in any action under subsection (b)
may include punitive damages in an amount not
to exceed $250,000.
(c) DE NOVO REVIEW.—With respect to a complaint under paragraph (1),1 if the Secretary of
Labor has not issued a final decision within 210
days after the filing of the complaint and if the
delay is not due to the bad faith of the employee, the employee may bring an original action at law or equity for de novo review in the
appropriate district court of the United States,
which shall have jurisdiction over such an action without regard to the amount in controversy, and which action shall, at the request
of either party to such action, be tried by the
court with a jury.
(d) JUDICIAL REVIEW AND VENUE.—A person adversely affected by an order issued after a hearing under subsection (b) of this section may file
a petition for review, not later than 60 days
after the order is issued, in the court of appeals
of the United States for the circuit in which the
violation occurred or the person resided on the
date of the violation. Review shall conform to
chapter 7 of title 5. The review shall be heard
and decided expeditiously. An order of the Secretary of Labor subject to review under this subsection is not subject to judicial review in a
criminal or other civil proceeding.
(e) CIVIL ACTIONS TO ENFORCE.—If a person
fails to comply with an order issued under subsection (b) of this section, the Secretary of
Labor shall bring a civil action to enforce the
order in the district court of the United States
for the judicial district in which the violation
occurred.
(f) NO PREEMPTION.—Nothing in this section
preempts or diminishes any other safeguards
against discrimination, demotion, discharge,
suspension, threats, harassment, reprimand, retaliation, or any other manner of discrimination
provided by Federal or State law.
(g) RIGHTS RETAINED BY EMPLOYEE.—Nothing
in this section shall be deemed to diminish the
rights, privileges, or remedies of any employee
under any Federal or State law or under any collective bargaining agreement. The rights and
remedies in this section may not be waived by
any agreement, policy, form, or condition of employment.
(h) DISCLOSURE OF IDENTITY.—
(1) Except as provided in paragraph (2) of
this subsection, or with the written consent of
the employee, the Secretary of Transportation
or the Secretary of Homeland Security may
not disclose the name of an employee who has
provided information about an alleged violation of this part, or a regulation prescribed or
order issued under any of those provisions.
(2) The Secretary of Transportation or the
Secretary of Homeland Security shall disclose
to the Attorney General the name of an employee described in paragraph (1) of this subsection if the matter is referred to the Attorney General for enforcement. The Secretary
making such disclosure shall provide reasonable advance notice to the affected employee
if disclosure of that person’s identity or identifying information is to occur.
1 So

§ 31105

TITLE 49—TRANSPORTATION

in original. Probably should be ‘‘subsection (b)(1),’’.

(i) PROCESS FOR REPORTING SECURITY PROBLEMS TO THE DEPARTMENT OF HOMELAND SECURITY.—
(1) ESTABLISHMENT OF PROCESS.—The Secretary of Homeland Security shall establish
through regulations, after an opportunity for
notice and comment, a process by which any
person may report to the Secretary of Homeland Security regarding motor carrier vehicle
security problems, deficiencies, or vulnerabilities.
(2) ACKNOWLEDGMENT OF RECEIPT.—If a report
submitted under paragraph (1) identifies the
person making the report, the Secretary of
Homeland Security shall respond promptly to
such person and acknowledge receipt of the report.
(3) STEPS TO ADDRESS PROBLEM.—The Secretary of Homeland Security shall review and
consider the information provided in any report submitted under paragraph (1) and shall
take appropriate steps to address any problems or deficiencies identified.
(j) DEFINITION.—In this section, ‘‘employee’’
means a driver of a commercial motor vehicle
(including an independent contractor when personally operating a commercial motor vehicle),
a mechanic, a freight handler, or an individual
not an employer, who—
(1) directly affects commercial motor vehicle safety or security in the course of employment by a commercial motor carrier; and
(2) is not an employee of the United States
Government, a State, or a political subdivision of a State acting in the course of employment.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 990;
Pub. L. 110–53, title XV, § 1536, Aug. 3, 2007, 121
Stat. 464.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

31105(a) ......

49 App.:2305(a), (b).

31105(b) ......
31105(c) ......
31105(d) ......

49 App.:2305(c).
49 App.:2305(d).
49 App.:2305(e).

Source (Statutes at Large)
Jan. 6, 1983, Pub. L. 97–424,
§ 405(a)–(d), 96 Stat. 2157.
Jan. 6, 1983, Pub. L. 97–424,
§ 405(e), 96 Stat. 2158; Nov.
8, 1984, Pub. L. 98–620,
§ 402(51), 98 Stat. 3361.

In subsection (a)(1), before clause (A), the words ‘‘in
any manner’’ are omitted as surplus. The word ‘‘conditions’’ is omitted as included in ‘‘terms’’. In clauses (A)
and (B), the word ‘‘rule’’ is omitted as being synonymous with ‘‘regulation’’. In clause (A), the word
‘‘begun’’ is substituted for ‘‘instituted or caused to be
instituted’’ for consistency in the revised title and to
eliminate unnecessary words. In clause (B), the words
before subclause (i) are substituted for ‘‘for refusing to
operate a vehicle when’’ and ‘‘or because of’’ for clarity
and consistency. In subclause (ii), the words ‘‘vehicle’s
unsafe condition’’ are substituted for ‘‘unsafe condition
of such equipment’’ for consistency.
Subsection (a)(2) is substituted for 49 App.:2305(b) (2d,
last sentences) for clarity and to eliminate unnecessary
words.
In subsection (b)(1), the words ‘‘alleging such discharge, discipline, or discrimination’’ are omitted as
surplus.
In subsection (b)(2)(B), the words ‘‘Not later than 30
days after the notice under subparagraph (A) of this
paragraph’’ are substituted for ‘‘Thereafter’’ and ‘‘within thirty days’’ for clarity.

§ 31106

TITLE 49—TRANSPORTATION

In subsection (b)(2)(C), the words ‘‘Before the final
order is issued’’ are substituted for ‘‘In the interim’’ for
clarity.
Subsection
(b)(3)(A)
is
substituted
for
49
App.:2305(c)(2)(B) (1st sentence) for clarity and to eliminate unnecessary words. In clause (ii), the word ‘‘conditions’’ is omitted as included in ‘‘terms’’. The provision
for back pay is moved from clause (ii) to clause (iii) for
clarity.
In subsection (b)(3)(B), the words ‘‘a sum equal to the
aggregate amount of all’’ and ‘‘and expenses’’ are omitted as surplus. The words ‘‘in bringing the complaint’’
are substituted for ‘‘for, or in connection with, the
bringing of the complaint upon which the order was issued’’ to eliminate unnecessary words.
In subsection (c), the words ‘‘or aggrieved’’ and ‘‘with
respect to which the order was issued, allegedly’’ are
omitted as surplus. The words ‘‘in accordance with the
provisions of chapter 7 of title 5 and’’ are omitted because 5:ch. 7 applies unless otherwise stated.
In subsection (d), the text of 49 App.:2305(e) (last sentence) is omitted as unnecessary.
AMENDMENTS
2007—Pub. L. 110–53 amended text of section generally. Prior to amendment, section related to, in subsec.
(a), prohibition against discharge or discipline of, or
discrimination against, an employee regarding pay,
terms, or privileges of employment for certain actions,
in subsec. (b), procedures for filing of complaint, in subsec. (c), judicial review and venue, and, in subsec. (d),
civil action to enforce an order.
EMPLOYEE PROTECTIONS
Pub. L. 105–178, title IV, § 4023, June 9, 1998, 112 Stat.
415, provided that: ‘‘Not later than 2 years after the
date of enactment of this Act [June 9, 1998], the Secretary [of Transportation], in conjunction with the
Secretary of Labor, shall report to the Committee on
Commerce, Science, and Transportation of the Senate
and the Committee on Transportation and Infrastructure of the House of Representatives on the effectiveness of existing statutory employee protections provided for under section 31105 of title 49, United States
Code. The report shall include recommendations to address any statutory changes necessary to strengthen
the enforcement of such employee protection provisions.’’

§ 31106. Information systems
(a) INFORMATION SYSTEMS AND DATA ANALYSIS.—

(1) IN GENERAL.—Subject to the provisions of
this section, the Secretary shall establish and
operate motor carrier, commercial motor vehicle, and driver information systems and data
analysis programs to support safety regulatory and enforcement activities required
under this title.
(2) NETWORK COORDINATION.—In cooperation
with the States, the information systems
under this section shall be coordinated into a
network providing accurate identification of
motor carriers and drivers, commercial motor
vehicle registration and license tracking, and
motor carrier, commercial motor vehicle, and
driver safety performance data.
(3) DATA ANALYSIS CAPACITY AND PROGRAMS.—The Secretary shall develop and
maintain under this section data analysis capacity and programs that provide the means
to—
(A) identify and collect necessary motor
carrier, commercial motor vehicle, and driver data;
(B) evaluate the safety fitness of motor
carriers and drivers;

Page 606

(C) develop strategies to mitigate safety
problems and to use data analysis to address
and measure the effectiveness of such strategies and related programs;
(D) determine the cost-effectiveness of
Federal and State safety compliance and enforcement programs and other countermeasures;
(E) adapt, improve, and incorporate other
information and information systems as the
Secretary determines appropriate;
(F) ensure, to the maximum extent practical, all the data is complete, timely, and
accurate across all information systems and
initiatives; and
(G) establish and implement a national
motor carrier safety data correction system.
(4) STANDARDS.—To implement this section,
the Secretary shall prescribe technical and
operational standards to ensure—
(A) uniform, timely, and accurate information collection and reporting by the States
and other entities as determined appropriate
by the Secretary;
(B) uniform Federal, State, and local policies and procedures necessary to operate the
information system; and
(C) the reliability and availability of the
information to the Secretary and States.
(b) PERFORMANCE AND REGISTRATION INFORMAPROGRAM.—
(1) INFORMATION CLEARINGHOUSE.—The Secretary shall include, as part of the motor carrier information system authorized by this
section, a program to establish and maintain a
clearinghouse and repository of information
related to State registration and licensing of
commercial motor vehicles, the registrants of
such vehicles, and the motor carriers operating such vehicles. The clearinghouse and repository may include information on the safety fitness of each of the motor carriers and
registrants and other information the Secretary considers appropriate, including information on motor carrier, commercial motor
vehicle, and driver safety performance.
(2) DESIGN.—The program shall link Federal
motor carrier safety information systems with
State commercial vehicle registration and licensing systems and shall be designed to enable a State to—
(A) determine the safety fitness of a motor
carrier or registrant when licensing or registering the registrant or motor carrier or
while the license or registration is in effect;
and
(B) deny, suspend, or revoke the commercial motor vehicle registrations of a motor
carrier or registrant that has been issued an
operations out-of-service order by the Secretary.

TION

(3) CONDITIONS FOR PARTICIPATION.—The Secretary shall require States, as a condition of
participation in the program, to—
(A) comply with the uniform policies, procedures, and technical and operational
standards prescribed by the Secretary under
subsection (a)(4);
(B) possess or seek the authority to possess for a time period no longer than deter-