Attachment A - Motor Carrier Safety Act of 1984

PUBLIC LAW 98-554—OCT. 30, 1984

98 STAT. 2829

Public Law 98-554
98th Congress
An Act
To provide for exemptions, based on safety concerns, from certain length and width
limitations for commercial motor vehicles, and for other purposes.

Oct. 30, 1984
[S. 2217]

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
TITLE I
SHORT TITLE

SEC. 101. This title may be cited as the "Tandem Truck Safety Act
of 1984".
EXEMPTION FROM LENGTH REQUIREMENTS

SEC. 102. Section 411 of the Surface Transportation Assistance Act
of 1982 (49 U.S.C. App. 2311) is amended by adding at the end
thereof the following new subsection:
"(i)(l) If the Governor of a State, after making the consultations
specified in paragraph (2) of this subsection, determines that any
specific segment of the National System of Interstate and Defense
Highways is not capable of safely accommodating motor vehicles
having the lengths set forth in subsection (a) of this section or motor
vehicle combinations described in subsection (c) of this section, the
Governor may notify the Secretary of such determination and request that the Secretary exempt such segment from one or both of
such subsections.
"(2) Before making such notification, the Governor shall consult
with units of local government within the State in which the specific
segment of such System is located, as well as the Governor of any
State adjacent to that State that might be directly affected by such
exemption. As part of such consultations, consideration shall be
given to any potential alternative route that—
"(A) can safely accommodate motor vehicles having the
lengths set forth in subsection (a) of this section or motor
vehicle combinations described in subsection (c) of this section;
and
"(B) serves the area in which such segment is located.
"(3) The Governor shall transmit with such notification specific
evidence of safety problems that supports such determination and
the results of consultation regarding any alternative route under
paragraph (2) of this subsection.
"(4)(A) If the Secretary determines, upon request by a Governor
under paragraph (1) of this subsection or on the Secretary's own
initiative, that any segment of the National System of Interstate
and Defense Highways is not capable of safely accommodating
motor vehicles having the lengths set forth in subsection (a) of this
section or motor vehicle combinations described in subsection (c) of
this section, the Secretary shall exempt such segment from one or
both of such subsections. Before making such determination, the

Tandem Truck
Safety Act of
1984.

49 USC app. 2301
note.

98 STAT. 2830

PUBLIC LAW 98-554—OCT. 30, 1984

Secretary shall consider any possible alternative route that serves
the area in which such segment is located.
"(B) The Secretary shall make such determination within a period
of 120 days after the date of receipt of notification from a Governor
under paragraph (1) of this subsection or the date on which the
Secretary initiates action under this paragraph, as the case may be,
with respect to such segment. If the Secretary determines that such
determination will not be made within such time period, the Secretary shall immediately notify the Congress and shall furnish the
reasons for the delay, information regarding the resources assigned,
and the projected completion date, for any such determination.
"(C) The Secretary shall make such determination only after
affording interested parties notice and the opportunity for comment.
Any exemption granted by the Secretary under this paragraph
before the date on which final rules are issued under subsection (a)
of this section shall be included as part of such final rules. Any such
exemption granted on or after such date shall be published as a
revision of such rules.".
EXEMPTION FROM WIDTH REQUIREMENTS

SEC. 103. Section 416 of the Surface Transportation Assistance Act
of 1982 (49 U.S.C. App. 2316) is amended—
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following new
subsection:
"(eXl) If the Governor of a State, after making the consultations
specified in paragraph (2) of this subsection, determines that any
specific segment of the National System of Interstate and Defense
Highways is not capable of safely accommodating motor vehicles
having the width set forth in subsection (a) of this section, the
Governor may notify the Secretary of such determination and request that the Secretary exempt such segment from such subsection
for the purpose of allowing the State to impose a width limitation of
less than 102 inches for vehicles (other than buses) on such segment.
"(2) Before making such notification, the Governor shall consult
with units of local government within the State in which the specific
segment of such System is located, as well as the Governor of any
State adjacent to that State that might be directly affected by such
exemption. As part of such consultations, consideration shall be
given to any potential alternative route that—
"(A) can safely accommodate motor vehicles having the width
set forth in subsection (a) of this section;
"(B) serves the area in which such segment is located.
"(3) The Governor shall transmit with such notification specific
evidence of safety problems that supports such determination and
the results of consultation regarding any alternative route under
paragraph (2) of this subsection.
"(4XA) If the Secretary determines, upon request by a Governor
under paragraph (1) of this subsection or on the Secretary's own
initiative, that any segment of the National System of Interstate
and Defense Highways is not capable of safely accommodating
motor vehicles having the width set forth in subsection (a) of this
section, the Secretary shall exempt such segment from such subsection for the purpose of allowing the State to impose a width limitation of less than 102 inches for vehicles (other than buses) on such
segment. Before making such determination, the Secretary shall

PUBLIC LAW 98-554—OCT. 30, 1984

98 STAT. 2831

consider any possible alternative route that serves the area in which
such segment is located.
"(B) The Secretary shall make such determination within a period
of 120 days after the date of receipt of notification from a Governor
under paragraph (1) of this subsection or the date on which the
Secretary initiates action under this paragraph, as the case may be,
with respect to such segment. If the Secretary determines that such
determination will not be made within such time period, the Secretary shall immediately notify the Congress and shall furnish the
reasons for the delay, information regarding the resources assigned,
and the projected completion date, for any such determination.
"(C) The Secretary shall make such determination only after
affording interested parties notice and the opportunity for comment.
Any exemption granted by the Secretary under this paragraph
before the date on which final rules are issued under subsection (a)
of this section shall be included as part of such final rules. Any such
exemption granted on or after such date shall be published as a
revision of such rules.".
CONFORMING AMENDMENTS

SEC. 104. (a) Section 411(a) of the Surface Transportation Assistance Act of 1982 (49 U.S.C. App. 2311(a)) is amended—
(1) by striking out "No" and inserting in lieu thereof "Except
as provided in subsection (i) of this section, no";
(2) by inserting "(other than a segment exempted under
subsection (i) of this section)" after "Highways"; and
(3) by striking out "Secretary," and inserting in lieu thereof
"Secretary of Transportation (hereinafter in this part referred
to as the 'Secretary'),".
Ot>) Section 411(c) of the Surface Transportation Assistance Act of
1982 (49 U.S.C. App. 2311(c)) is amended by inserting "(other than
a segment exempted under subsection (i) of this section)" after
"Highways".
(c) Section 412 of the Surface Transportation Assistance Act of
1982 (49 U.S.C. App. 2312) is amended by inserting "(other than any
segment thereof which is exempted under section 411(i) or 416(e) of
this title)" after "Highway System".
(d) Section 416(a) of the Surface Transportation Assistance Act of
1982 (49 U.S.C. App. 2316(a)) is amended—
(1) by striking out "No" and inserting in lieu thereof "Except
as provided in subsection (e) of this section, no"; and
(2) by inserting "(other than a segment exempted under
subsection (e) of this section)" after "Highways".
(e) Section 416(d) of the Surface Transportation Assistance Act of
1982 (49 U.S.C. App. 2316(d)) is amended—
(1) by inserting "(other than a segment exempted under
subsection (e) of this section)" after "Highways"; and
(2) by striking out ", with traffic lanes designed to be a width
of twelve feet or more".
DESIGNATION OF HIGHWAYS SUBJECT TO WIDTH LIMITATION

SEC. 105. Section 416(a) of the Surface Transportation Assistance
Act of 1982 (49 U.S.C. App. 2316(a)) is amended—
(1) by inserting after "more" the second place it appears the
following: ", or any other qualifying Federal-aid Primary

98 STAT. 2832

PUBLIC LAW 98-554—OCT. 30, 1984
System highway designated by the Secretary if the Secretary
determines that such designation is consistent with highway
safety"; and
(2) by adding at the end of such section the following new
sentence: "After the date of the enactment of this sentence, any
Federal-aid highway (other than any Interstate highway) which
was not designated under this subsection on June 5, 1984, may
be designated under this subsection only with the agreement of
the Governor of the State in which the highway is located.".
REASONABLE ACCESS

Ante, p. 2831.
Motor Carrier
Safety Act of
1984.

SEC. 106. Section 412 of the Surface Transportation Assistance Act
of 1982 (49 U.S.C. App. 2312) is amended—
(1) by inserting "(a)" after "Sec. 412."; and
(2) by striking out the period at the end thereof and inserting
in lieu thereof the following: "and for any truck tractor-semitrailer combination in which the semitrailer has a length not to
exceed 28 V2 feet and which generally operates as part of a
vehicle combination described in section 411(c) of this Act.
"(b) Nothing in this section shall be construed as preventing any
State or local government from imposing any reasonable restriction,
based on safety considerations, on any truck tractor-semitrailer
combination in which the semitrailer has a length not to exceed
28 y2 feet and which generally operates as part of a vehicle combination described in section 411(c) of this Act.".
T I T L E II
SHORT TITLE

49 use app. 2501
SEC. 201, This title may be cited as the "Motor Carrier Safety Act
note.
of 1984".
PURPOSES

49 use app.
2501.

SEC. 202. The purposes of this title are to promote the safe
operation of commercial motor vehicles, to minimize dangers to the
health of operators of commercial motor vehicles and other employees whose employment directly affects motor carrier safety, and to
assure increased compliance with traffic laws and with the commercial motor vehicle safety and health rules, regulations, standards,
and orders issued pursuant to this Act.
FINDINGS

49 use app.
2502.

SEC. 203. The Congress finds that—
(1) it is in the public interest to enhance commercial motor
vehicle safety and thereby to reduce highway fatalities, injuries,
and property damage;
(2) improved, more uniform commercial motor vehicle safety
measures and strengthened enforcement would reduce the
number of fatalities and injuries and the level of property
damage related to commercial motor vehicle operations;
(3) enhanced protection of the health of commercial motor
vehicle operators is in the public interest; and
(4) interested State governments can provide valuable assistance to the Federal Government in assuring that commercial
motor vehicle operations are conducted safely and healthfully.

PUBLIC LAW 98-554—OCT. 30, 1984

98 STAT. 2833

DEFINITIONS

SEC. 204. For purposes of this title, the term—
(1) "commercial motor vehicle" means any self-propelled or
towed vehicle used on highways in interstate commerce to
transport passengers or property—
(A) if such vehicle has a gross vehicle weight rating of
10,001 or more pounds;
(B) if such vehicle is designed to transport more than 15
passengers, including the driver; or
(C) if such vehicle is used in the transportation of materials found by the Secretary to be hazardous for the purposes
of the Hazardous Materials Transportation Act (49 U.S.C.
App. 1801-1812) and are transported in a quantity requiring placarding under regulations issued by the Secretary
under such Act;
(2) "employee" means—
(A) an operator of a commercial motor vehicle (including
an independent contractor while in the course of operating
a commercial motor vehicle);
(B) a mechanic;
(C) a freight handler; and
(D) any individual other than an employer;
who is employed by an employer and who in the course of his or
her employment directly affects commercial motor vehicle
safety, but such term does not include an employee of the
United States, any State, or any political subdivision of a State
who is acting within the course of such employment;
(3) "employer" means any person engaged in a business affecting interstate commerce who owns or leases a commercial
motor vehicle in connection with that business, or assigns employees to operate it, but such term does not include the United
States, any State, or any political subdivision of a State;
(4) "interstate commerce" means trade, traffic, or transportation in the United States which is between a place in a State
and a place outside of such State (including a place outside of
the United States) or is between two places in a State through
another State or a place outside of the United States;
(5) "intrastate commerce" means any trade, traffic, or transportation in any State which is not described in paragraph (4);
(6) "person" means any individual, partnership, association,
corporation, business trust, and any other organized group of
individuals;
(7) "regulation" includes any rule, standard, and order;
(8) "Safety Panel" means the Commercial Motor Vehicle
Safety Regulatory Review Panel established under section 209
of this Act;
(9) "Secretary" means the Secretary of Transportation;
(10) "State" means a State of the United States and the
District of Columbia and, for purposes of sections 206, 207, 208,
210, and 218, includes a political subdivision of a State;
(11) "State law" includes any law enacted or adopted by a
political subdivision of a State;
(12) "State regulation" includes any regulation issued by a
political subdivision of a State; and
(13) "United States" means the 50 States and the District of
Columbia.

49 USC app.
2503.

98 STAT. 2834

PUBLIC LAW 98-554—OCT. 30, 1984
DUTIES

49 use app.
2504.

SEC. 205. Each employer and employee shall comply with regulations pertaining to commercial motor vehicle safety issued by the
Secretary under this title which are applicable to his or her own
actions and conduct.
FEDERAL REGULATIONS

49 use app.
2505.

SEC. 206. (a) Not later than 18 months after the date of the
enactment of this Act, the Secretary shall issue regulations pertaining to commercial motor vehicle safety. Such regulation shall
establish minimum Federal safety standards for commercial motor
vehicles and shall, at a minimum, ensure that—
(1) commercial motor vehicles are safely maintained,
equipped, loaded, and operated;
(2) the responsibilities imposed upon operators of commercial
motor vehicles do not impair their ability to operate such
vehicles safely;
(3) the physical condition of operators of commercial motor
vehicles is adequate to enable them to operate such vehicles
safely; and
(4) the operation of commercial motor vehicles does not have
deleterious effects on the physical condition of such operators.
0)) The Secretary shall not eliminate or modify any existing motor
carrier safety rule pertaining exclusively to the maintenance, equipment, loading or operation (including routing regulations) of vehicles carrying materials found to be hazardous for the purposes of the
Hazardous Materials Transportation Act (49 U.S.C. App. 1801-1812)
unless and until an equivalent or more stringent regulation has
been promulgated under the Hazardous Materials Transportation
Act.
(c)(1) All regulations under this section shall be issued in accordance with section 553 of title 5, United States Code (without regard
to sections 556 and 557 of such title), except that the time periods
specified in this subsection shall apply to the issuance of such
regulations.
(2) Before issuing such regulations, the Secretary shall, to the
extent practicable and consistent with the purposes of this Act,
consider (A) costs and benefits, and (B) State laws and regulations
pertaining to commercial motor vehicle safety in order to minimize
unnecessary preemption of such State laws and regulations under
this Act.
(d) If the Secretary determines that any proceeding initiated to
issue any regulation under this section will not be completed within
18 months after the date of the enactment of this Act, the Secretary
shall immediately notify the Congress and shall furnish the reasons
for the delay, information regarding the resources assigned, and the
projected completion date for any such proceeding. The Secretary
shall transmit to the Congress current data regarding the information specified in the preceding sentence at the end of every 60-day
period thereafter during which any such proceeding remains
incomplete.
(e) If the Secretary does not issue regulations pertaining to commercial motor vehicle safety in accordance with this section, regulations pertaining to commercial motor vehicle safety which the
Secretary issued before such date of enactment and in effect on such

PUBLIC LAW 98-554—OCT. 30, 1984

98 STAT. 2835

date of enactment shall, for purposes of this title, be deemed to be
regulations issued by the Secretary under this section.
(f) After notice and an opportunity for comment, the Secretary
may waive, in whole or in part, application of any regulation issued
under this section with respect to any person or class of persons if
the Secretary determines that such waiver is not contrary to the
public interest and is consistent with the safe operation of commercial motor vehicles. Under this subsection, the Secretary shall waive
application of the regulations issued under this section with respect
to schoolbuses, as defined in section 102(14) of the National Traffic
and Motor Vehicle Safety Act of 1966 (15 U.S.C. 1391(14)), unless the
Secretary determines that making such regulations applicable to
such schoolbuses is necessary for public safety taking into account
all Federal and State laws applicable to such schoolbuses. Any
waiver authorized under this subsection shall be published in the
Federal Register, together with the reasons for such waiver.
(g) Any final agency action taken under this section shall be
subject to judicial review under chapter 7 of title 5, United States
Code.

5 u s e 701 et seq.

(h) Section 3102 of title 49, United States Code, is amended by
adding at the end thereof the following new subsection:
"(d) Before prescribing or revising any requirement under this
section, the Secretary shall consider the costs and benefits of such
requirement.".
SUBMISSION OF STATE REGULATIONS FOR REVIEW

SEC. 207. (a) Any State which enacts, adopts, issues, or has in
effect any law or regulation pertaining to commercial motor vehicle
safety and is interested in having in effect and enforcing such law or
regulation after the last day of the 60-month period beginning on
the date of the enactment of this Act shall, before the last day of the
6-month period beginning on such date of enactment, submit to the
Secretary and the Safety Panel a copy of such law or regulation.
(b) Any State which enacts, adopts, or issues any law or regulation
pertaining to commercial motor vehicle safety after the last day of
the 6-month period beginning on the date of the enactment of this
Act shall (immediately after such enactment, adoption, or issuance)
submit to the Secretary and the Safety Panel a copy of such law or
regulation.
(c) Not later than 60 days after the date of the enactment of this
Act, the Secretary shall issue initial guidelines to assist the States in
compiling and submitting State laws and regulations and other
information under this section.
(d) As soon as practicable but not later than such time as the
Safety Panel may establish, any State which submits a law or
regulation under this section to the Safety Panel—
(1) shall indicate, in writing, to the Safety Panel if such law or
regulation—
(A) has the same effect as;
(B) is less stringent than; or
(C) additional to or more stringent than;
any regulation issued by the Secretary under section 6; and
(2) shall submit to the Safety Panel such other information as
the Safety Panel or the Secretary may require to carry out the
objectives of this title.

49 USC app
2506.

98 STAT. 2836

PUBLIC LAW 98-554—OCT. 30, 1984

(e) If any State fails to submit any State law or regulation
pertaining to commercial motor vehicle safety in accordance with
this section, the Safety Panel shall analyze the laws and regulations
of such State and determine which of such State's laws and regulations pertain to commercial motor vehicle safety.
REVIEW AND PREEMPTION OF STATE REGULATIONS

49 use app.
2507.

Regulations.

SEC. 208. (a) After the last day of the 60-month period beginning
on the date of the enactment of this Act, no State may have in effect
or enforce with respect to commercial motor vehicles any State law
or regulation pertaining to commercial motor vehicle safety which
the Secretary finds under this section may not be in effect and
enforced.
Ot))(l) Not later than 18 months after the date of the enactment of
this Act and annually thereafter, the Safety Panel shall analyze the
laws and regulations of each State and determine which of such
laws and regulations pertain to commercial motor vehicle safety.
(2) Within 12 months after the date on which the Secretary issues
any regulation under section 206 or within 12 months after the date
on which a State law or regulation is determined under paragraph
(1) to pertain to commercial motor vehicle safety, whichever is later,
the Safety Panel—
(A) shall determine if such law or regulation—
(i) h£is the same effect as;
(ii) is less stringent than; or
(iii) is additional to or more stringent than;
the regulation issued by the Secretary under section 206; and
(B) shall determine with respect to any State law or regulation which is determined under subparagraph (A) to be additional to or more stringent than the regulation issued by the
Secretary under section 206 if—
(i) there is no safety benefit associated with such State
law or regulation;
(ii) such State law or regulation is incompatible with the
regulation issued by the Secretary under section 206; or
(iii) enforcement of such State law or regulation would be
an undue burden on interstate commerce; and
(C) shall notify the Secretary of the determinations made
under this subsection with respect to such State law or
regulation.
(c)(1) The Secretary shall review each State law and regulation
pertaining to commercial motor vehicle safety. Within 18 months
after the date the Secretary is notified by the Safety Panel of a
determination regarding a State law or regulation under subsection
(b), the Secretary (A) shall conduct a rulemaking proceeding to
determine in accordance with the provisions of this subsection
whether or not such law or regulation may be in effect and enforced
with respect to commercial motor vehicles, and (B) shall issue a final
rule in such rulemaking proceeding.
(2) If the Secretary finds that the State law or regulation has the
same effect as a regulation issued by the Secretary under section
206, the State law or regulation may be in effect and enforced with
respect to commercial motor vehicles after the last day of the 60month period beginning on the date of the enactment of this Act.
(3) If the Secretary finds that the State law or regulation is less
stringent than a regulation issued by the Secretary under section

PUBLIC LAW 98-554—OCT. 30, 1984

98 STAT. 2837

206, the State law or regulation shall not have effect and be enforced
with respect to commercial motor vehicles after the last day of the
60-month period beginning on the date of the enactment of this Act.
(4) If the Secretary finds that the State law or regulation is
additional to or more stringent than a regulation issued by the
Secretary under section 206, the State law or regulation may be in
effect and enforced with respect to commercial motor vehicles after
the last day of the 60-month period beginning on the date of the
enactment of this Act; except that if the Secretary finds that—
(A) there is no safety benefit associated with such State law or
regulation;
(B) such State law or regulation is incompatible with the
regulation issued by the Secretary under section 6; or
(C) enforcement of such State law or regulation would be an
undue burden on interstate commerce;
such State law or regulation shall not have effect and be enforced
with respect to commercial motor vehicles after the last day of such
60-month period.
(5)(A) In making any determination with respect to any State law
or regulation under this subsection, the Secretary shall give great
weight to the corresponding determination made by the Safety
Panel with respect to such State law or regulation under subsection
(b).
(B) In determining under paragraph (4) whether or not a law or
regulation of a State will unduly burden interstate commerce, the
Secretary may consider the effect upon interstate commerce of
implementation of such law or regulation along with implementation of all similar laws and regulations of other States.
(d)(1) Any person (including any State) may petition the Secretary
for a waiver from a determination of the Secretary that a State law
or regulation may not be in effect and enforced under this section.
The Secretary shall grant such waiver, as expeditiously as possible,
if such person demonstrates to the satisfaction of the Secretary that
such waiver is not contrary to the public interest and is consistent
with the safe operation of commercial motor vehicles.
(2) The decision to grant or deny a petition for a waiver submitted
under this subsection shall only be made after the Secretary has
afforded the petitioner an opportunity for a hearing on the record.
(e) The Secretary may consolidate rulemaking proceedings under
this section if the Secretary determines that such consolidation will
not adversely affect any party to any of such proceedings.
(f) Not later than 10 days after making a determination under
subsection (c) that a State law or regulation may not be in effect and
enforced, the Secretary shall notify, in writing, such State of such
determination.
(g)(1) Not later than 60 days after the Secretary makes a determination under subsection (c) with respect to a State law or regulation
or grants or denies a petition for a waiver under subsection (d), any
person (including any State) adversely affected by such determination or the grant or denial of such petition may file, with the United
States court of appeals for the District of Columbia or for the circuit
in which such person resides or has his principal place of business a
petition for judicial review of such determination or the grant or
denial of such petition.
(2) Upon the filing of a petition under paragraph (1) of this
subsection, the court shall have jurisdiction to review in accordance
with chapter 7 of title 5, United States Code, such determination or

Courts, U.S.

5 use 70i et seq.

98 STAT. 2838

PUBLIC LAW 98-554—OCT. 30, 1984

the grant or denial of the petition for such waiver and to grant
appropriate relief, including interim relief, as provided in such
chapter.
(3) The judgment of the court affirming or setting aside, in whole
or in part, any such determination or the grant or denial of the
petition for such waiver shall be final, subject to review by the
Supreme Court of the United States upon certiorari or certification,
as provided in section 1254 of title 28, United States Code.
(4) The remedies provided for in this subsection shall be in addition to and not in lieu of any other remedies provided by law.
(h) The Secretary may extend, for an additional period not to
exceed 12 months, the 60-month period referred to in section 207(a)
and subsections (a) and (c) of this section.
(i) After the last day of the 48-month period beginning on the date
of the enactment of this Act, the Secretary, on his or her own
initiative or on petition of any interested person (including any
State), may initiate a rulemaking proceeding to review under this
section any State law or regulation pertaining to commercial motor
vehicle safety.
COMMERCIAL MOTOR VEHICLE SAFETY REGULATORY REVIEW PANEL

49 use app.
2508.

SEC. 209. (a) As soon as practicable after the date of enactment of
this Act, the Secretary shall establish a panel to analyze and review
State laws and regulations under sections 207 and 208 of this Act.
The panel established under this section shall be known as the
"Commercial Motor Vehicle Safety Regulatory Review Panel".
(b) The Safety Panel shall—
(1) carry out those duties designated to be carried out by the
Safety Panel under sections 207 and 208 of this Act;
(2) conduct a study—
(A) to evaluate the need, if any, for any additional Federal assistance to the States to enable the States to enforce
the regulations issued by the Secretary under section 206;
and
(B) to determine other methods of furthering the objectives of this title; and
(3) make recommendations to the Secretary based on the
results of such study.
(c) The Safety Panel shall be composed of 15 members as follows:
(1) The Secretary or his or her delegate.
(2) Seven individuals appointed by the Secretary from among
persons who represent the interests of States and political
subdivisions thereof and whose names have been submitted to
the Secretary by the Committee on Commerce, Science, and
Transportation of the Senate or the Committee on Public Works
and Transportation of the House of Representatives.
(3) Seven individuals appointed by the Secretary from among
persons who represent the interests of business, consumer,
labor, and safety groups and whose names have been submitted
to the Secretary by the Committee on Commerce, Science, and
Transportation of the Senate or the Committee on Public Works
and Transportation of the House of Representatives.
The Secretary shall select the individuals to be appointed under this
subsection on the basis of their knowledge, expertise, or experience
regarding commercial motor vehicle safety. Half of such appointments shall be made from names submitted by the Committee on

PUBLIC LAW 98-554—OCT. 30, 1984

98 STAT. 2839

Commerce, Science, and Transportation of the Senate, and the other
half of such appointments, from names submitted by the Committee
on PubHc Works and Transportation of the House of Representatives. Each of such committees shall submit to the Secretary the
names of twenty individuals qualified to serve on the Safety Panel.
(d)(1) A vacancy in the Safety Panel shall not affect its powers but
shall be filled in the manner in which the original appointment was
made.
(2) Eight members of the Safety Panel shall constitute a quorum,
but the Council may establish a lesser number as a quorum for the
purpose of holding hearings, taking testimony, and receiving
evidence.
(3) The Chairman of the Safety Panel shall be the Secretary.
(4) The Safety Panel shall meet at the call of the Chairman or a
majority of its members.
(5) Members of the Safety Panel shall be appointed for a term of
seven years.
(6) Members of the Safety Panel shall serve without pay, except
that they shall receive per diem and travel expenses in accordance
with section 5703 of title 5, United States Code.
(e) Upon request of the Safety Panel, the Secretary shall detail
such of the personnel of the Department of Transportation to the
Safety Panel as may be necessary to assist the Safety Panel in
carrying out its duties under this title.
(f) Upon request of the Safety Panel, the Secretary shall provide
such office space, supplies, equipment, and other support services to
the Safety Panel and its staff as may be necessary for the Safety
Panel to carry out its duties under this title.
(g) The Safety Panel or any member authorized by the Safety
Panel may, for the purpose of carrying out the duties of the Safety
Panel under this title, hold such hearings, sit and act at such time
and places, take such testimony, and take such other actions as the
Safety Panel or such member may deem advisable to carry out
the duties of the Safety Panel under this title. Any member of the
Safety Panel may administer oaths or affirmations to witnesses
appearing before the Safety Panel or before such member.
(h) Subject to such rules as the Safety Panel may prescribe, the
Chairman of the Safety Panel may procure temporary and intermittent services under section 3109(b) of title 5, United States Code.
INSPECTION

SEC. 210. (a) Upon the instruction of a duly authorized State or
Federal enforcement official, each commercial motor vehicle shall
be required to pass an inspection of all safety equipment required
under part 393 of subchapter B of chapter III of title 49, Code of
Federal Regulations.
(b) The Secretary shall, by rule, establish Federal standards for
inspections of commercial motor vehicles and retention by employers of records of such inspections. Such standards shall provide for
annual or more frequent inspections of commercial motor vehicles
unless the Secretary finds that another inspection system is as
effective as an annual or more frequent inspection system. For
purposes of this title, such standards shall be deemed to be regulations issued by the Secretary under section 206.
(c) Not later than 60 days after the date of the enactment of this
Act, the Secretary shall initiate a rulemaking to afford interested

49 USC app.
2509.

Regulations.

98 STAT. 2840

Federal
Register,
publication.
Effective date.

49 u s e app.
2302.

PUBLIC LAW 98-554—OCT. 30, 1984

parties an opportunity to comment on such part 393 and the inspection and retention procedures established pursuant to subsection (b)
of this section. Amendments to the regulations shall be issued and
published in the Federal Register not later than one year after such
rulemaking is initiated. The amended regulations shall become
effective on the date on which they are published in the Federal
Roister.
(dXl) Except as provided in paragraph (2), nothing in section 402 of
the Surface Transportation Assistance Act of 1982 or section 208 or
any other provision of this title shall be construed as—
(A) preventing any State or voluntary group of States from
imposing more stringent standards for use in their own periodic
roadside inspection programs of commercial motor vehicles;
(B) preventing any State from having in effect and enforcing a
program for inspection of commercial motor vehicles which the
Secretary determines is as effective as the Federal standards
established under subsection 0>);
(C) preventing any State from having in effect and enforcing a
program for inspection of commercial motor vehicles which
meets the requirements for membership in the Commercial
Vehicle Safety Alliance as such requirements were in effect on
the date of the enactment of this Act; and
(D) requiring any State which has in effect and is enforcing a
program described in subparagraph (B) or (C) to enforce any
Federal standard established under subsection (b) or to adopt
any provision pertaining to inspection of commercial motor
vehicles in addition to such program in order to comply with
such Federal standards.
(2) If, after notice and an opportunity for a hearing, the Secretary
determines that any State which has in effect and is enforcing a
p n ^ a m described in paragraph (IXC) of this subsection is not
enforcing such program in a manner which achieves the objectives
of this section, and if, after making such determination, the Secretary provides such State with a six month period in which to
improve the enforcement of such program to achieve the objectives
of this section, the Federal standards established under subsection
Ob) shall preempt such program with respect to the inspection of
commercial motor vehicles in such State and such program shall not
be in effect and enforced with respect to such vehicles.
(e) A periodic inspection of a commercial motor vehicle in accordance with the Federal standards established under subsection Ot)) or
in accordance with a program described in subparagraph (B) or (C)
of subsection (dXD which is in effect and being enforced shall be
recognized as adequate in every State for the period of such inspection. The provisions of this subsection shall not be deemed to
prohibit a State from making random inspections of commercial
motor vehicles.
(f) The Federal standards established under subsection 0)) shall
have no effect and shsdl not be enforced with respect to the inspection of commercial motor vehicles in any State which has in effect
and is enforcing a program described in subparagraph (B) or (C) of
subsection (dXl) if the Secretary determines that such Federal
standards not having effect and being enforced with respect to such
inspection is in the public interest and consistent with public safety.

PUBLIC LAW 98-554—OCT. 30, 1984

98 STAT. 2841

POWERS OF THE SECRETARY

SEC. 211. (a) The Secretary may conduct, directly or indirectly,
such studies and such development, demonstration, and training
activities as the Secretary considers appropriate to develop regulations authorized to be issued under section 206 of this title, to design
and develop improved enforcement procedures and technologies,
and to familiarize affected persons with such regulations.
Ob) In carrying out the Secretary's functions under this title, the
Secretary is authorized to perform such acts (including conducting
investigations and inspections; compiling statistics; making reports;
issuing subpenas; requiring production of documents, records, and
property; taking depositions; holding hearings; prescribing recordkeeping and reporting requirements; and carrying out and contracting for studies, development, testing, evaluation, and training) as
the Secretary determines necessary to carry out the provisions of
this title, or regulations issued pursuant to section 402 of the
Surface Transportation Assistance Act of 1982 (49 U.S.C. 2302). The
Secretary may delegate to a State which is receiving a grant under
such section such functions respecting the enforcement (including
investigations) of the provisions of this title and regulations issued
under this title as the Secretary determines appropriate to carry out
such provisions and regulations.
(c) To carry out the Secretary's inspection and investigation functions under subsection Ot)) of this section, the Secretary or the
Secretary's agent shall, as appropriate, consult with employers and
employees and their duly authorized representatives, and shall offer
them a right of accompaniment.

49 u s e app.
2510.

DUTY TO INVESTIGATE COMPLAINTS; PROTECTION OF COMPLAINANTS

SEC. 212. (a) The Secretary shall timely investigate any nonfrivolous written complaint alleging that a substantial violation of any
regulation issued under this title is occurring or has occurred within
the preceding 60 days. The complainant shall be timely notified of
findings resulting from such investigation. The Secretary shall
not be required to conduct separate investigations of duplicative
complaints.
Ot)) Notwithstanding the provisions of section 552 of title 5, United
States Code, the Secretary shall not disclose the identity of complainants unless it is determined that such disclosure is necessary to
prosecute a violation. If disclosure becomes necessary, the Secretary
shall take every practical measure within the Secretary's authority
to assure that the complainant is not subject to harassment, intimidation, disciplinary action, discrimination, or financial loss as a
result of such disclosure.

49 u s e app.
2511.

eonfidentiality.

PENALTIES

SEC. 213. (a) Section 507 of title 49, United States Code, is
amended—
(1) by redesignating subsections (c) and (d), and any references
thereto, as subsections (d) and (e), respectively; and
(2) by inserting after subsection Ot>) the following new
subsection:
"(c) The Attorney General, at the request of the Secretary, may
bring an action in an appropriate district court of the United States
for equitable relief to redress a violation by any person of a provi-

eourts, U.S.

98 STAT. 2842
Ante, p. 2832.

49 use 3102.

PUBLIC LAW 98-554—OCT. 30, 1984

sion of section 3102 of this title or the Motor Carrier Safety Act of
1984, or an order or regulation issued under such section or Act.
Such district court shall have jurisdiction to determine any such
action and may grant such relief as is necessary or appropriate,
including mandatory or prohibitive injunctive relief, interim equitable relief, and punitive damages.".
(b) Section 52103) of title 49, United States Code, is amended to
read as follows:
"0))(1) If the Secretary finds that a violation of section 3102 of this
title or the Motor Carrier Safety Act of 1984, or a violation of a
regulation issued under such section or Act, has occurred, the
Secretary shall issue a written notice to the violator. Such notice
shall describe with reasonable particularity the nature of the violation found and the provision which has been violated. The notice
shall fix a reasonable time for abatement of the violation, specify
the proposed civil penalty, if any, and suggest actions which might
be taken in order to abate the violation. The notice shall indicate
that the violator may, within 15 days of service, notify the Secretary
of the violator's intention to contest the matter. In the event of a
contested notice, the Secretary shall afford such violator an opportunity for a hearing, pursuant to section 554 of title 5, following which
the Secretary shall issue an order affirming, modifying, or vacating
the notice of violation.
"(2) Except as otherwise provided in this subsection, any person
who is determined by the Secretary, after notice and opportunity for
a hearing, to have committed an act which is a violation of a
recordkeeping requirement issued by the Secretary pursuant to
section 3102 of this title or the Motor Carrier Safety Act of 1984
shall be liable to the United States for a civil penalty not to exceed
$500 for each offense. Each day of a violation shall constitute a
separate offense, except that the total of all civil penalties assessed
against any violator for all offenses relating to any single violation
shall not exceed $2,500. If the Secretary determines that a serious
pattern of safety violations, other than recordkeeping requirements,
exists or has occurred, the Secretary may assess a civil penalty not
to exceed $1,000 for each offense; except that the maximum fine for
each such pattern of safety violations shall not exceed $10,000. If the
Secretary determines that a substantial health or safety violation
exists or has occurred which could reasonably lead to, or has
resulted in, serious personal injury or death, the Secretary may
assess a civil penalty not to exceed $10,000 for each offense. Notwithstanding any other provision of this section, except for recordkeeping violations, no civil penalty shall be assessed under this section
against an employee for a violation unless the Secretary determines
that such employee's actions constituted gross negligence or reckless
disregard for safety, in which case such employee shall be liable for
a civil penalty not to exceed $1,000. The amount of any civil penalty,
and a reasonable time for abatement of the violation, shall by
written order be determined by the Secretary, taking into account
the nature, circumstances, extent, and gravity of the violation committed and, with respect to the violator, the degree of culpability,
history of prior offenses, ability to pay, effect on ability to continue
to do business, and such other matters as justice and public safety
may require. In each case, the assessment shall be calculated to
induce further compliance.
"(3) The Secretary may require any violator served with a notice
of violation to post a copy of such notice or statement of such notice

PUBLIC LAW 98-554—OCT. 30, 1984

98 STAT. 2843

in such place or places and for such duration as the Secretary may
determine appropriate to aid in the enforcement of section 3102 of
this title or the Motor Carrier Safety Act of 1984, as the case may be.
"(4) Such civil penalty may be recovered in an action brought by
the Attorney General on behalf of the United States in the appropriate district court of the United States or, before referral to the
Attorney General, such civil penalty may be compromised by the
Secretary.
"(5XA) If, upon inspection or investigation, the Secretary determines that a violation of section 3102 of this title or the Motor
Carrier Safety Act of 1984 or a regulation issued under such section
or Act, or combination of such violations, poses an imminent hazard
to safety, the Secretary shall order a vehicle or employee operating
such vehicle out of service, or order an employer to cease all or part
of the employer's commercial motor vehicle operations. In making
any such order, the Secretary shall impose no restriction on any
employee or employer beyond that required to abate the hazard.
Subsequent to the issuance of the order, opportunity for review shall
be provided in accordance with section 554 of title 5, except that
such review shall occur not later than 10 days after issuance of such
order.
"(B) In this paragraph, 'imminent hazard' means any condition of
vehicle, employee, or commercial motor vehicle operations which is
likely to result in serious injury or death if not discontinued
immediately.
"(6) Any person who knowingly and willfully violates any provision of section 3102 of this title, the Motor Carrier Safety Act of
1984, or a regulation issued under such section or Act shall, upon
conviction, be subject for each offense for a fine not to exceed
$25,000 or imprisonment for a term not to exceed one year, or both,
except that, if such violator is an employee, the violator shall only
be subject to penalty if, while operating a commercial motor vehicle,
the violator's activities have led or could have led to death or serious
injury, in which case the violator shall be liable, upon conviction, for
a fine not to exceed $2,500.
"(7) The Secretary shall issue regulations establishing penalty
schedules designed to induce timely compliance for persons failing
to comply promptly with the requirements set forth in any notices
and orders under this subsection.
"(8) Any aggrieved person who, after a hearing, is adversely
affected by a final order issued under this section may, within 30
days, petition for review of the order in the United States Court of
Appeals in the circuit wherein the violation is alleged to have
occurred or where the violator has his principal place of business or
residence, or in the United States Court of Appeals for the District
of Columbia Circuit. Review of the order shall be based on a
determination of whether the Secretary's findings and conclusions
were supported by substantial evidence, or were otherwise not in
accordance with law. No objection that has not been urged before
the Secretary shall be considered by the court, unless reasonable
grounds existed for failure or neglect to do so. The commencement
of proceedings under this subsection shall not, unless ordered by the
court, operate as a stay of the order of the Secretary.
"(9) All penalties and fines collected under this section shall be
deposited into the Highway Trust Fund (other than the Mass Transit Account).

49 u s e 3102.
Ante, p. 2832.
Courts, U.S.

Regulations.

Courts, U.S.

98 STAT. 2844

18 u s e app.

Ante, p. 2833.

Study.
49 u s e 521 note.

Report.

PUBLIC LAW 98-554—OCT. 30, 1984

"(10) In any action brought under this section, process may be
served without regard to the territorial limits of the district of the
State in which the action is brought.
"(11) In any proceeding for criminal contempt for violation of an
injunction or restraining order issued under this section, trial shall
be by the court, or, upon demand of the accused, by a jury, conducted in accordance with the provisions of rule 42(b) of the Federal
Rules of Criminal Procedure.
"(12) The provisions of this subsection shall not affect any provision of the Hazardous Materials Transportation Act (49 U.S.C. App.
1801-1812) or any regulation promulgated by the Secretary under
such Act.
"(13) As used in this subsection, the terms 'commercial motor
vehicle', 'employee', 'employer', and 'State' have the meaning such
terms have under section 4 of the Motor Carrier Safety Act of
1984.".
(c) Section 526 of title 49, United States Code, is amended—
(1) by inserting after "chapter" the first place it appears the
following: ", section 3102 of this title, or the Motor Carrier
Safety Act of 1984"; and
(2) by inserting after "chapter" the second and third places it
appears the following: "or such section or Act".
(d) The Secretary shall conduct a study of the effectiveness of the
civil and criminal penalties established by the amendments made by
this section in deterring violations of the commercial motor vehicle
safety regulations issued under this title and in effectively prosecuting such violations when they occur. Such study shall examine the
effectiveness of penalties in effect before the date of enactment of
this Act in comparison to the penalties established by the amendments made by by this title. Such study shall also investigate the
need for, and make recommendations concerning, increased fine
levels for civil and criminal penalties, and the need for additional
categories of civil and criminal penalties to deter further, and
prosecute effectively, violations of such commercial motor vehicle
safety regulations. 'The Secretary shall submit to Congress a report
on the findings of this study, together with legislative recommendations, not later than 2 years after the date of enactment of this Act.
UTIGATION AUTHORITY

49 use
app. 2313.

SEC. 214. Section 413 of Surface Transportation Assistance Act of
1982 (49 U.S.C. 2313) is amended by striking "The Secretary, or, on"
and inserting in lieu thereof "On".
CERTIFICATION OF SAFETY FITNESS

Regulations.
49 u s e app.
2512.

SEC. 215. (a) The Secretary, in cooperation with the Interstate
Commerce Commission, shall by rule, after notice and opportunity
for comment, establish a procedure to determine the safety fitness of
owners and operators of commercial motor vehicles, including persons seeking new or additional operating authority as motor carriers
under sections 10922 and 10923 of title 49, United States Code. Such
procedure shall include—
(1) specific initial and continuing requirements to be met by
such persons to prove safety fitness;
(2) a means of determining whether such persons meet the
safety fitness requirements specified under paragraph (1); and

PUBLIC LAW 98-554—OCT. 30, 1984

98 STAT. 2845

(3) specific time deadlines for action by the Department of
Transportation and the Interstate Commerce Commission in
making fitness determinations.
(b) Not later than one year after the date of the enactment of this
Act, the Secretary shall submit to Congress a copy of the procedure
established under subsection (a) of this section.
(c) The rules adopted under this section shall supersede all Federal rules regarding safety fitness and safety rating of motor carriers in effect on the date of enactment of this Act.
(d) Notwithstanding any other provision of law, the Interstate
Commerce Commission (1) shall find any applicant for authority to
operate as a motor carrier to be unfit if the applicant does not meet
the safety fitness requirements established under subsection (a) of
this section, and (2) shall deny such application.
HEAVY TRUCK STUDY

SEC. 216. (a) The Secretary shall undertake a comprehensive study
of safety characteristics of heavy trucks, the unique problems related to heavy trucks, and the manner in which such trucks are
driven. Such study shall include an examination of the handling,
braking, stability, and creishworthiness of heavy trucks, and an
examination of the programs and needs of enforcement agencies to
assure compliance with traffic laws by commercial motor vehicle
drivers. In carrying out such study, the Secretary shall consult with
truck manufacturers, employee representatives, truck operators,
and other interested parties. Not later than September 30, 1986, the
Secretary shall submit to the Congress a report on the findings of
such study.
(b) There are authorized to be appropriated for fiscal years 1986
and 1987 such sums as may be necessary to conduct the study
required under subsection (a) of this section.

49 u s e app.
2513.

Report.

Appropriation
authorization.

TRUCK OCCUPANT PROTECTION

SEC. 217. (a) The Secretary shall make a full investigation and
study of crash protection for truck occupants. Such study shall
examine potential and known hazards to truck occupants and
means of improving truck-occupant safety. Such study shall also
include potential performance standards, if any, to be met by truck
manufacturers. In carrying out such study, the Secretary shall
consult with truck manufacturers, employee representatives, truck
operators, and other interested parties. The Secretary shall submit
to Congress a report on the findings of this investigation and study
not later than two years after the date of the enactment of this Act.
Qj) There are authorized to be appropriated for fiscal years 1986
and 1987 such sums as may be necessary to undertake the study
required by subsection (a) of this section.

Study.
49 u s e app.
2514.

Report.

Appropriation
authorization.

STUDY OF SAFETY PERFORMANCE OF COMMERCIAL MOTOR VEHICLES

SEC. 218. (a) The Secretary shall conduct a study of the safety
performance of commercial motor vehicles. The study shall examine
the effectiveness of individual State regulations governing the operations of such vehicles in promoting safety. Such study shall also
investigate the need to subject such operations, in whole or in part,
to the commercial motor vehicle safety regulations issued under this
title. The Secretary shall submit to Congress a report on the find-

49 u s e app.
2515.

Report.

98 STAT. 2846

PUBLIC LAW 98-554—OCT. 30, 1984

ings of the investigation and study conducted under this subsection
not later than two years after the date of the enactment of this Act.
(b) For purposes of this subsection, the term "commercial motor
vehicle" means any self-propelled or towed vehicle used on highways in intrastate commerce to transport passengers or property if
such vehicle is described in subparagraph (A), (B), or (C) of section
204(1) of this Act.
STUDY OP SAFETY-RELATED DEVICES
49 u s e app.
2516.

Report.

Appropriation
authorization.

SEC. 219. (a) The Secretary shall conduct a study of the effectiveness of existing regulations regarding emergency warning devices
required to be carried on buses, trucks, truck-tractors, and motordriven vehicles which are involved in emergency situations. Such
study shall also investigate the potential costs and benefits of
requiring passenger automobile operators to carry emergency warning devices, and shall examine the relative benefits of various types
of warning devices in enhancing highway safety. The Secretary shall
submit to the Congress a report containing the findings of this study
not later than 18 months after the date of the enactment of this Act.
Ot>) There are authorized to be appropriated for fiscal years 1986
and 1987 such sums as may be necessary to undertake the study
required by this section.
SAFETY STUDY; FEDERAL COORDINATION

49 use app.
2517.

SEC. 220. (a) The Secretary, in consultation with the Director of
the National Institute for Occupational Safety and Health and the
Secretary of Labor, shall undertake a study of significant health
hEizards to which employees engaged in the operation of commercial
motor vehicles are exposed, and shall develop such materials and
information as are necessary to enable such employees to carry out
their employment in a place and manner free from recognized
hazards that are causing or are likely to cause death or serious
physical harm. The study shall include findings regarding the most
appropriate method for regulating and protecting the health of
operators of commercial motor vehicles. The findings of such study
shall be submitted to the Congress within one year after the date of
the enactment of this Act.
(b) The Secretary shall coordinate the activities of Federal agencies to ensure adequate protection of the safety and health of
operators of commercial motor vehicles. The Secretary shall attempt
to minimize paperwork burdens to assure maximum coordination
and to avoid overlap and the imposition of undue burdens on
persons subject to regulations under this title.
RELATIONSHIP TO OTHER LAW

49 u s e app.
2518.

SEC. 221. Except as provided in section 206(b), the provisions of
this title and the regulations issued under this title shall not affect
any provision of the Hazardous Materials Transportation Act (49
U.S.C. App. 1801-1812) or any regulation issued by the Secretary
under such Act.
AMENDMENT TO THE MOTOR CARRIER ACT OF 1980

SEC. 222. (a) Section 30(bX3) of the Motor Carrier Act of 1980 (49
U.S.C. 10927 note) is amended—

PUBLIC LAW 98-554—OCT. 30, 1984

98 STAT. 2847

(1) by striking out "and" at the end of clause (A); and
(2) by striking out the period at the end of such section and
inserting in Ueu thereof the following: ", and (C) in the case of
any farm vehicle transporting any such material or substance
in interstate commerce other than in bulk, the Secretary, by
regulation, may reduce such amount if the Secretary finds that
such reduction will not adversely affect public safety.".
(b) Section 30(g) of such Act is amended by redesignating paragraphs (1), (2), and (3) as paragraphs (2), (3), and (4), respectively, and
inserting before paragraph (2), as so redesignated, the following new
paragraph:
"(1) 'farm vehicle' means any vehicle which (A) is designed or
adapted and used exclusively for agricultural purposes, (B) is
operated by a motor private carrier (as such term is defined
under section 10102 of title 49, United States Code), and (C) is
only incidentally operated on highways;".

49 USC 10927
note.

SPLASH A N D SPRAY SUPPRESSANT DEVICES

SEC. 223. Section 414(b) of the Surface Transportation Assistance
Act of 1982 (49 U.S.C. 2314(b)) is amended—
49 USC app.
(1) in paragraph (2) by striking out "two years after the date 2314.
of the enactment of this title," and inserting in lieu thereof "one
year after the date on which the standards are established
under paragraph (1) of this subsection,"; and
(2) in paragraph (3) by striking out "five years after the date
of the enactment of this title," and inserting in lieu thereof
"four years after the date on which the standards are established under paragraph (1) of this subsection,".
FOREIGN BUS CARRIER FINANCIAL RESPONSIBILITY REQUIREMENTS

SEC. 224. Section 18(d) of the Bus Regulatory Reform Act of 1982
(49 U.S.C. 10927 note) is amended—
(1) by striking out "(d) Financial" and inserting in lieu thereof
"(d)(1) Subject to paragraph (2) of this subsection, financial";
and
(2) by adding at the end thereof the following new paragraph:
"(2)(A) Any person domiciled in any contiguous foreign country
who provides transportation by motor vehicle to which any of the
minimal levels of financial responsibility established under this
section apply shall have evidence of such financial responsibility in
such motor vehicle at any time such person is providing such
transportation.
"(B) The Secretary of Transportation and the Secretary of the
Treasury shall deny entry into the United States of any motor
vehicle in which there is not evidence of financial responsibility
required to be in such vehicle by subparagraph (A) of this
paragraph.".
EXTENSION OF MORATORIUM ON CERTIFICATION OF FOREIGN MOTOR
CARRIERS

SEC. 225. (a) Section 10922(1)(1) of title 49, United States Code, is
amended by striking out "two-year" each place it appears and
inserting in lieu thereof "four-year".

98 STAT. 2848

Effective date.
49 u s e 10922
note.

PUBLIC LAW 98-554—OCT. 30, 1984

(b) The second sentence of such section is amended by inserting after "such moratorium" the following: "or impose such a
moratorium".
(c) The amendments made by this section shall take effect on
September 19,1984.
CERTIFICATES OF REGISTRATION FOR FOREIGN MOTOR CARRIERS

SEC. 226. (a)(1) Subchapter II of chapter 105 of title 49, United
States Code, is amended by adding at the end thereof the following
new section:
49 use 10530.

49 use 10922.
49 use 10923.

49 use 10526.
49 use 10521.

49 use 10321.
5 use 551.

"§ 10530. Certificates of registration for certain foreign carriers
"(a) In this section—
"(1) 'registrable year' means the six-month period beginning
July 1,1985, and ending December 31,1985, calendar year 1986,
and each calendar year thereafter.
"(2) 'foreign motor carrier' means a motor carrier of
property—
"(A) which does not hold a certificate issued under section
10922 of this title or a permit issued under section 10923 of
this title; and
"(B)(i) which is domiciled in any contiguous foreign country; or
"(ii) which is owned or controlled by persons of any
contiguous foreign country and is not domiciled in the
United States.
"(3) 'foreign motor private carrier' means a motor private
carrier—
"(A) which is domiciled in any contiguous foreign country; or
"(B) which is owned or controlled by persons of any
contiguous foreign country and is not domiciled in the
United States.
"(4) 'exempt items' means items described in paragraphs (4),
(6), (11), (12), (13), and (15) of section 10526(a) of this subchapter
and items transported under paragraph (5) of such section.
"(5) 'interstate transportation' means transportation described in section 10521(a) of this subchapter and transportation
in the United States exempt from the jurisdiction of the Commission under section 10526(b)(1) of this subchapter.
"Ot>)(l) Except as provided in this section, no foreign motor carrier
may provide interstate transportation of exempt items in any registrable year unless the Commission has issued to the carrier a
certificate of registration under this section authorizing the carrier
to provide such transportation in such year.
"(2) Except as provided in this section, no foreign motor private
carrier may provide interstate transportation of property (including
exempt items) in any registrable year unless the Commission has
issued to the carrier a certificate of registration under this section
authorizing the carrier to provide such transportation in such year.
"(c) Without regard to subchapter II of chapter 103 of this title
and subchapter II of chapter 5 of title 5, the Commission shall issue
a certificate of registration to any foreign motor carrier authorizing
the carrier to provide interstate transportation of exempt items in
any registrable year, and to any foreign motor private carrier

PUBLIC LAW 98-554—OCT. 30, 1984

98 STAT. 2849

authorizing the carrier to provide interstate transportation of property (including exempt items) in any registrable year, if^
"(1) the Commission finds that the carrier is fit, willing, and
able—
"(A) to provide the transportation to be authorized by the
certificate; and
"(B) to comply with this subtitle and regulations of the
Commission; and
"(2) the carrier demonstrates to the satisfaction of the Commission that the carrier has paid (or will pay in a timely
manner) all taxes imposed by section 4481 of the Internal
Revenue Code of 1954 on any motor vehicle which such carrier
operated in the United States in the most recent taxable period
(as such term is defined under section 4482(c) of such Code)
ending before the first day of such registrable year.
"(d) A foreign motor carrier and a foreign motor private carrier
must file an application with the Commission for a certificate of
registration under this section to provide interstate transportation.
The Commission may approve any part of the application or deny
the application. The application must—
"(1) be under oath;
"(2) contain such information as the Commission may require
by regulation; and
"(3) be filed with the Commission at such times as the Commission may require by regulation.
"(e) The requirement that foreign motor carriers and foreign
motor private carriers issued certificates of registration under this
section be fit, willing, and able means—
"(1) safety fitness; and
"(2) proof of minimum financial responsibility—
"(A) under section 30 of the Motor Carrier Act of 1980, in
the case of a foreign motor carrier or foreign motor private
carrier which provides transportation in the United States
of an item referred to in subsection (bXD of such section;
and
"(B) under the laws of the State or States in which the
carrier is operating, in the case of a foreign motor private
carrier which provides interstate transportation in the
United States of property (other than an item referred to in
such subsection).
"(f) Each certificate of registration issued under this section shall
specify the transportation to be provided under the certificate.
"(g)(1) Any motor vehicle which is used to provide transportation
under a certificate of registration issued under this section shall
have a copy of such certificate in such motor vehicle at any time
such vehicle is being used to provide such transportation.
"(2) The Commission, the Secretary of Transportation, and the
Secretary of the Treasury shall deny entry into the United States of
any motor vehicle in which there is not a copy of the certificate of
registration required to be in such vehicle by paragraph (1) of this
subsection.
"(h) When a certificate of registration is issued under this section,
the Commission may prescribe such conditions on the transportation to be provided under the certificate as may be necessary to
carry out the objectives of this section.
"(i)(l) Subject to paragraph (3) of this subsection, this section shall
not apply with respect to any contiguous foreign country with

26 USC 4481.
26 USC 4482.

Ante, p. 2846.

98 STAT. 2850

PUBLIC LAW 98-554—OCT. 30, 1984

respect to which a moratorium is not in effect under section 10922(1)
of this title on the effective date of this section.
President of U.S.
"(2) The President of the United States may waive the requirements of this section with respect to any contiguous foreign country
if the President determines that such waiver is in the national
interest and notifies, in writing, the Congress of such waiver before
the date on which such waiver is to take effect. In any case in which
the requirements of this section apply with respect to a contiguous
foreign country which substantially prohibits grants of authority to
persons from the United States to provide transportation by motor
vehicle for compensation in such foreign country, such waiver shall
not take effect before the 60th day following the date on which the
Congress is notifed of such waiver.
"(3) The President of the United States may, by order, make the
requirements of this section applicable with respect to any contiguous foreign country if—
"(A) the President determines that making such requirements
so applicable is in the national interest; and
"(B) the President—
"(i) notifies, in writing, the Congress of the issuance of
such order; and
Federal
"(ii) has published a copy of such order in the Federal
Register,
Register;
publication.
at least 30 days before such order takes effect.".
(2) The analysis for subchapter II of chapter 105 of title 49, United
States Code, is amended by adding at the end thereof the following:
"10530. Certificates of registration for certain foreign carriers.".

49 use 10922

Ante, p. 2848.

(b)(1) The first sentence of section 10922(1)(1) of title 49, United
States Code, is amended—
(A) by striking out "or any permit" and inserting in lieu
thereof "any permit"; and
(B) by inserting after "contract carrier," the following: "or
any certificate of registration under section 10530 of this title to
any motor carrier of property or motor private carrier,".
(2) Section 10922(1)(2) of such title is amended by inserting "(A)"
after "(2)" and by adding at the end thereof the following new
subparagraph:
"(B)(i) Subject to the provisions of this subparagraph, during a
moratorium imposed under paragraph (1) of this subsection with
respect to any contiguous foreign country or political subdivision
thereof, the Commission may issue certificates of registration under
section 10530 of this subtitle to motor carriers of property and motor
private carriers domiciled in such country or political subdivision
and to motor carriers of property and motor private carriers owned
or controlled by persons of such country or political subdivision,
"(ii) Subject to clause (iv) of this subparagraph, if the person to be
issued the certificate of registration during the moratorium is a
motor carrier of property domiciled in the foreign country or political subdivision or is a motor carrier of property owned or controlled
by persons of the foreign country or political subdivision, such
certificate may only authorize such carrier to provide transportation
of exempt items in a municipality in the United States which is
adjacent to the foreign country or political subdivision, in contiguous municipalities in the United States any one of which is adjacent
to the foreign country or political subdivision, or in a zone in the

PUBLIC LAW 98-554—OCT. 30, 1984

98 STAT. 2851

United States that is adjacent to, and commercially a part of, the
municipality or municipalities.
"(iii) Subject to clause (v) of this subsection, if the person to be
issued the certificate of registration during the moratorium is a
motor private carrier domiciled in the foreign country or political
subdivision or is a motor private carrier owned or controlled by
persons of the foreign country or political subdivision, such certificate may only authorize such carrier to provide transportation of
property (including exempt items) in a municipality in the United
States which is adjacent to the foreign country or political subdivision, in contiguous municipalities in the United States any one of
which is adjacent to the foreign country or political subdivision, or
in a zone in the United States that is adjacent to, and commercially
a part of, the municipality or municipalities.
"(iv) If the person to be issued the certificate of registration during
the moratorium is a motor carrier of property domiciled in the
foreign country or political subdivision and owned or controlled by
persons of the United States, such certificate may only authorize
such carrier to provide interstate transportation of exempt items.
"(v) If the person to be issued the certificate of registration during
the moratorium is a motor private carrier domiciled in the foreign
country or political subdivision and owned or controlled by persons
of the United States, such certificate may only authorize such
carrier to provide interstate transportation of property (including
exempt items).
"(vi) In this subparagraph, the terms 'exempt items' and 'interstate transportation' have the meanings such terms have under
section 10530(a) of this title.".
(c)(1) Section 10322(a) of title 49, United States Code, is amended
by inserting "10530," after "10525(c),".
(2) The first sentence of section 10927(aXl) of such title is
amended—
(A) by inserting "and a certificate of registration to a motor
carrier or motor private carrier under section 10530 of this
title" after "10923 of this title";
(B) by striking out "or section 18" and inserting in lieu
thereof "section 18"; and
(C) by inserting before the period at the end of such sentence
", or the laws of the State or States in which the carrier is
operating, in the case of a motor private carrier".
(3) Section 10927(a)(2) of such title is amended by inserting "and a
foreign motor private carrier (as such term is defined under section
10530(a)(3) of this title)" after "A motor carrier".
(4) Section 11701 of such title is amended—
(A) in subsection (a) by inserting after the second sentence the
following new sentence: "If the Commission finds that a motor
private carrier is violating section 10530 of this subtitle, the
Commission shall take appropriate action to compel compliance
with such section."; and
(B) by striking out the period at the end of the first sentence
in subsection (b) and inserting in lieu thereof "or a motor
carrier or motor private carrier providing transportation under
a certificate of registration issued under section 10530 of this
title.".
(5) Section 11702(a)(4) of such title is amended by inserting before
the semicolon at the end thereof the following: "or by a motor

Ante, p. 2848.
49 u s e 10927.

49 u s e 11701.
Ante, p. 2848.

49 u s e 11702.

98 STAT. 2852

49 u s e 11901

49 u s e 11914.

Effective date.
49 u s e 10530
note.

PUBLIC LAW 98-554—OCT. 30, 1984

carrier or motor private carrier providing transportation under a
certificate of registration issued under section 10530 of this title".
(6) Section 11901(g) of such title is amended—
(A) by inserting "or transportation provided under a certificate of registration issued under section 10530 of this title" after
"chapter 105 of this title";
(B) by striking out ", or (4)" and inserting in lieu thereof
", (4)"; and
(C) by inserting "or (5) does not comply with section 10530 of
this title," before "is liable to".
(7) Section 11914(b) of such title is amended—
(A) by striking out "this title," and inserting in lieu thereof
"this title"; and
(B) by inserting after "1966," the following: "or a condition of
a certificate of registration issued under section 10530 of this
title,".
(d) The amendments made by this section shall take effect May 1,
1985, except that the Interstate Commerce Commission may issue
before such date such regulations as may be necessary to carry out
the amendments made by this section beginning on such date.
TECHNICAL AMENDMENTS

49 u s e 10934.

49 u s e 11348.

SEC. 227. (a)(1) Section 11901 of title 49, United States Code, is
amended—
(A) in subsection (g) by striking out "(h)" and inserting in lieu
thereof "(i)";
(B) by redesignating the subsection beginning "(hXD Any
person required" and subsections (i), (j), and (k), and any references thereto, as subsections (i), (j), (k), and (1), respectively;
(C) in subsection (j)(l), as redesignated by subparagraph (A),
by inserting " o f after "paragraph (3)"; and
(D) in subsection (1)(2), as redesignated by subparagraph (A),
by striking out "(i)(l), or (j)" and inserting in lieu thereof "(i),
(j)(l),or(k)".
(2) Section 10934(c) of such title is amended by striking out
"11901(j)" each place it appears and inserting in lieu thereof
"11901(k)".
(3) Section 11348(a) of such title is amended by striking out "(kXD"
and inserting in lieu thereof "(1)(1)".
(4) Section 2342(5) of title 28, United States Code, is amended by
striking out "11901(i)(2)" and inserting in lieu thereof "11901(jX2) .
(bXD Chapter 107 of title 49, United States Code, is amended by
redesignating the second section 10734, and any references thereto,
as section 10735.
(2) The analysis for such chapter is amended by striking
out "10734. Household" and inserting in lieu thereof "10735.
Household".
(c) Section 10526(a) of title 49, United States Code, is amended by
redesignating the second paragraph (14), and any references thereto,
as paragraph (15).
EMPLOYEE PROTECTION

49 u s e app.
2301.

SEC. 228. (a) Paragraph (2) of section 401 of the Surface Transportation Assistance Act of 1982 is amended by striking out ", nor does"
and all that follows through the semicolon at the end of such
paragraph and inserting in lieu thereof a semicolon.

PUBLIC LAW 98-554—OCT. 30, 1984

98 STAT. 2853

(b) The amendment made by subsection (a) shall take effect on the
last day of the two year period beginning on the date of the
enactment of this Act.
(c) The Secretary, in consultation with the Secretary of Labor,
shall conduct a study to determine whether or not part A of title IV
of the Surface Transportation Assistance Act of 1982 should be
amended to provide protection to individuals employed by a commercial motor carrier engaged in the transportation of passengers.
Not later than twelve months after the date of the enactment of this
Act, the Secretary shall transmit to Congress a report on the results
of such study.

Effective date.
49 u s e app. 2301
note.
Study.
49 u s e app. 2301
note.

Report.

UMITATION ON AUTHORITY

SEC. 229. (a) Nothing in this title confers authority on the Secretary to (1) establish Federal traffic safety regulations, or (2) preempt
State traffic regulations; except that the Secretary may establish or
maintain such Federal regulations to the extent that the subject
matter of such regulations is, on the date of the enactment of this
Act, regulated under parts 390 to 399 of title 49 of the Code of
Federal Regulations.
Ot)) Nothing in this title confers authority on the Secretary to
regulate the manufacture of commercial motor vehicles for any
purpose, including fuel economy, safety, or emission control.

49 u s e app.
2519.

OVERSIGHT

SEC. 230. The appropriate authorizing committees of the Congress
shall conduct periodic oversight hearings on the effects of this title
no less often than annually for the first five years following the date
of enactment of this Act, to ensure that this Act is being implemented according to congressional intent and the purposes of this
title.
Approved October 30, 1984.

LEGISLATIVE HISTORY—S. 2217:
SENATE REPORT No. 98-505 (Comm. on eommerce, Science, and Transportation).
CONGRESSIONAL RECORD, Vol. 130 (1984):
Oct. 2, considered and passed Senate.
Oct. 11, considered and passed House, amended; Senate concurred in House
amendment.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 20, No. 44 (1984):
Oct. 30, Presidential statement.

31-194

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PartS

49 u s e app.
2520.