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[THE FOLLOWING TEXT FILE OF H.R. 2950 (ENROLLED BILL), PUB. L. 102-240,
105 STAT. 1914, WAS PURCHASED FROM THE GOVERNMENT PRINTING OFFICE. CHECK
FOR ACCURACY BEFORE QUOTING ANY TEXT.]
[Title IV - Intermodal Surface Transportation
Efficiency Act of 1991 (ISTEA) - PL 102-240]
TITLE IV-MOTOR CARRIER ACT OF 1991
SEC. 4001. SHORT TITLE.
This title may be cited as the ``Motor Carrier Act of 1991''.
SEC. 4002. MOTOR CARRIER SAFETY GRANT PROGRAM AMENDMENTS.
(a) Contents of State Plans.-Section 402(b)(1) of the Surface Transportation
Assistance Act of 1982 (49 U.S.C. App. 2302(b)(1)) is amended-
(1) by striking subparagraph (D) and inserting the following new subparagraph:
``(D) provides a right of entry and inspection to carry out the plan
and provides that the State will grant maximum reciprocity for inspections
conducted pursuant to the North American Inspection Standard, through the
use of a nationally accepted system allowing ready identification of previously
inspected commercial motor vehicles;'';
(2) by striking ``and'' at the end of subparagraph (F);
(3) by striking the period of subparagraph (G) and inserting a semicolon;
and
(4) by adding at the end the following new subparagraphs:
``(H) ensures that activities described in paragraphs (1), (2), and
(3) of subsection (e) if funded with grants under this section will not
diminish the effectiveness of development and implementation of commercial
motor vehicle safety programs described in subsection (a);
``(I) ensures that fines imposed and collected by the State for violations
of commercial motor vehicle safety regulations will be reasonable and appropriate
and provides that, to the maximum extent practicable, the State will seek
to implement into law and practice the recommended _fine schedule published
by the Commercial Vehicle Safety _Alliance;
``(J) ensures that such State agency will coordinate the plan prepared
under this section with the State highway safety plan under section 402
of title 23, United States Code;
``(K) ensures participation by the 48 contiguous States in SAFETYNET
by January 1, 1994;
``(L) gives satisfactory assurances that the State will undertake efforts
that will emphasize and improve enforcement of State and local traffic
safety laws and regulations pertaining to commercial motor vehicle safety;
``(M) gives satisfactory assurances that the State will promote activities-
``(i) to remove impaired commercial motor vehicle drivers from our Nation's
highways through adequate enforcement of regulations on the use of alcohol
and controlled substances and by ensuring ready roadside access to alcohol
detection and measuring equipment;
``(ii) to provide an appropriate level of training to its motor carrier
safety assistance program officers and employees on the recognition of
drivers impaired by alcohol or controlled substances;
``(iii) to promote enforcement of the requirements relating to the licensing
of commercial motor vehicle drivers, especially including the checking
of the status of commercial drivers' licenses; and
``(iv) to improve enforcement of hazardous materials transportation
regulations by encouraging more inspections of shipper facilities affecting
highway transportation and more comprehensive inspections of the loads
of commercial motor vehicles transporting hazardous materials; and
``(N) give satisfactory assurance that the State will _promote-
``(i) effective interdiction activities affecting the transportation
of controlled substances by commercial motor vehicle drivers and training
on appropriate strategies for carrying out such interdiction activities;
and
``(ii) effective use of trained and qualified officers and employees
of political subdivisions and local governments, under the supervision
and direction of the State motor vehicle safety agency, in the enforcement
of regulations affecting commercial motor vehicle safety and hazardous
materials transportation safety.''.
(b) Maintenance of Effort.-Section 402(d) of such Act is amended-
(1) by inserting ``and for enforcement of commercial motor vehicle size
and weight limitations, for drug interdiction, and for enforcement of State
traffic safety laws and regulations described in subsection (e)'' after
``programs'';
(2) by striking ``two'' and inserting ``3'';
(3) by striking ``this section'' the second place it appears and inserting
``the Intermodal Surface Transportation Efficiency Act of 1991''; and
(4) by adding at the end the following new sentence: ``In estimating
such average level, the Secretary may allow the State to exclude State
expenditures for federally sponsored demonstration or pilot programs and
shall require the State to exclude Federal funds and State matching funds
used to receive Federal funding under this section.''.
(c) Use of Grant Funds for Enforcement of Certain Other Laws.-Section
402 of such Act is amended by adding at the end the following new subsection:
``(e) Use of Grant Funds for Enforcement of Certain Other Laws.-A State
may use funds received under a grant under this section-
``(1) for enforcement of commercial motor vehicle size and weight limitations
at locations other than fixed weight facilities, at specific geographical
locations (such as steep grades or mountainous terrains) where the weight
of a commercial motor vehicle can significantly affect the safe operation
of such vehicle, or at seaports where intermodal shipping containers enter
and exit the United States;
``(2) for detecting the unlawful presence of a controlled substance
(as defined under section 102 of the Controlled Substances Act (21 U.S.C.
802)) in a commercial motor vehicle or on the person of any occupant (including
the operator) of such a vehicle; and
``(3) for enforcement of State traffic laws and regulations designed
to promote safe operation of commercial motor _vehicles;
if such activities are carried out in conjunction with an appropriate
type of inspection of the commercial motor vehicle for enforcement of Federal
or State commercial motor vehicle safety regulations.''.
(d) Federal Share.-Section 403 of such Act (49 U.S.C. App. 2303) is
amended by inserting after the first sentence the following new sentence:
``In determining such costs incurred by the State, the Secretary shall
include inkind contributions by the State.''.
(e) Authorization of Appropriations.-Section 404 of such Act (49 U.S.C.
App. 2304) is amended-
(1) in subsection (a)(2) by striking ``and'' before ``$60,000,000''
and inserting a comma; and
(2) by striking the period at the end of subsection (a)(2) and inserting
``, $65,000,000 for fiscal year 1992, $76,000,000 for fiscal year 1993,
$80,000,000 for fiscal year 1994, $83,000,000 for fiscal year 1995, $85,000,000
for fiscal year 1996, and $90,000,000 for fiscal year 1997.''.
(f) Availability, Release, and Reallocation of Funds.-Section 404(c)
of such Act is amended to read as follows:
``(c) Availability, Release, and Reallocation of Funds.-Funds made available
by this section shall remain available for obligation by the Secretary
until expended. Allocations to a State shall remain available for expenditure
in that State for the fiscal year in which they are allocated and 1 succeeding
fiscal year. Funds not expended by a State during those 2 fiscal years
shall be released to the Secretary for reallocation. Funds made available
under this part which, as of October 1, 1992, were not obligated shall
be available for reallocation and obligation under this subsection.''.
(g) Allocations.-Section 404(f) of such Act is amended to read as follows:
``(f) Administrative Expenses; Allocation Criteria.-
``(1) Deduction for administrative expenses.-On October 1 of each fiscal
year, or as soon thereafter as is practicable, the Secretary may deduct,
for administration of this section for that fiscal year, not to exceed
1.25 percent of the funds made available for that fiscal year by subsection
(a)(2). At least 75 percent of the funds so deducted for administration
shall be used for the training of nonFederal employees, and the development
of related training materials, to carry out the purposes of section 402.
``(2) Allocation criteria.-On October 1 of each fiscal year, or as soon
thereafter as is practicable, the Secretary, after making the deduction
authorized by paragraph (1), shall allocate, among the States with plans
approved under section 402, the available funds for that fiscal year, pursuant
to criteria established by the Secretary; except that the Secretary, in
allocating funds available for research, development, and demonstration
under subsection (g)(5) and for public education under subsection (g)(6),
may designate specific eligible States among which to allocate such funds.''.
(h) Funding for Specified Programs.-Section 404 of such Act is further
amended by adding at the end of such section the following new subsection:
``(g) Funding for Specified Programs.-
``(1) Training of hazmat inspectors.-The Secretary shall obligate from
funds made available by subsection (a)(2) for each fiscal year beginning
after September 30, 1992, not less than $1,500,000 to make grants to States
for training inspectors for enforcement of regulations which are issued
by the Secretary and pertain to transportation by commercial motor vehicle
of hazardous materials.
``(2) Commercial motor vehicle information system review.-The Secretary
may obligate from funds made available by subsection (a)(2) for each of
fiscal years 1992, 1993, 1994, 1995, 1996, and 1997 not to exceed $2,000,000
to carry out section 407 of this title, relating to the commercial motor
vehicle information system.
``(3) Truck and bus accident data grant program.-The Secretary may obligate
from funds made available by subsection (a)(2) for each of fiscal years
1993, 1994, 1995, 1996, and 1997 not to exceed $2,000,000 to carry out
section 408 of this title, relating to the truck and bus accident data
grant program.
``(4) Enforcement.-
``(A) Traffic enforcement activities.-The Secretary shall obligate from
funds made available by subsection (a)(2) for each of fiscal years 1993,
1994, and 1995 not less than $4,250,000 and for each of fiscal years 1996
and 1997 not less than $5,000,000 for traffic enforcement activities with
respect to commercial motor vehicle drivers which are carried out in conjunction
with an appropriate inspection of a commercial motor vehicle for compliance
with Federal or State commercial motor vehicle safety regulations.
``(B) Licensing requirements.-The Secretary shall obligate from the
funds made available by subsection (a)(2) not less than $1,000,000 for
each of fiscal years 1993, 1994, and 1995 to increase enforcement of the
licensing requirements of the Commercial Motor Vehicle Safety Act of 1986
(49 U.S.C. 2701 App. et seq.) by motor carrier safety assistance program
officers and employees, including the cost of purchasing equipment for
and conducting inspections to check the current status of licenses issued
pursuant to such Act.
``(5) Research and development.-The Secretary shall obligate from funds
made available by subsection (a)(2) not less than $500,000 for any fiscal
year for research, development, and demonstration of technologies, methodologies,
analyses, or information systems designed to promote the purposes of section
402 and which are beneficial to all jurisdictions. Such funds shall be
announced publicly and awarded competitively, whenever practicable, to
any of the eligible States for up to 100 percent of the State costs, or
to other persons as determined by the Secretary.
``(6) Public education.-The Secretary shall obligate from funds made
available by subsection (a)(2) for any fiscal year not less than $350,000
to educate the motoring public on how to share the road safely with commercial
motor vehicles. In carrying out such education activities, the States shall
consult with appropriate industry representatives.''.
(i) Payments to States.-Section 404 of such Act is further amended by
adding at the end the following new subsection:
``(h) Payments to States.-The Secretary shall make payments to a State
of costs incurred by it under this section and section 402, as reflected
by vouchers submitted by the State. Payments shall not exceed the Federal
share of costs incurred as of the date of the vouchers.''.
(j) Motor Carrier Safety Functions.-There is authorized to be appropriated
for the motor carrier safety functions of the Federal Highway Administration
$49,317,000 for fiscal year 1992.
(k) New Formula for Allocation of Funds.-Not later than 6 months after
the date of the enactment of this Act, the Secretary, by regulation, shall
develop an improved formula and processes for the allocation among eligible
States of the funds made available under the motor carrier safety assistance
program. In conducting such a revision, the Secretary shall take into account
ways to provide incentives to States that demonstrate innovative, successful,
costefficient, or costeffective programs to promote commercial motor vehicle
safety and hazardous materials transportation safety. In particular, the
Secretary shall place special emphasis on incentives to States that conduct
traffic safety enforcement activities that are coupled with motor carrier
safety inspections. In improving the formula, the Secretary shall also
take into account ways to provide incentives to States that increase compatibility
of State commercial motor vehicle safety and hazardous materials transportation
regulations with the Federal safety regulations and promote other factors
intended to promote effectiveness and efficiency that the Secretary determines
appropriate.
(l) Intrastate Compatibility.-Not later than 9 months after the date
of the enactment of this Act, the Secretary shall issue final regulations
specifying tolerance guidelines and standards for ensuring compatibility
of intrastate commercial motor vehicle safety law and regulations with
the Federal motor carrier safety regulations under the motor carrier safety
assistance program. Such guidelines and standards shall, to the extent
practicable, allow for maximum flexibility while ensuring the degree of
uniformity that will not diminish transportation safety. In the review
of State plans and the allocation or granting of funds under section 153
of title 23, United States Code, as added by this Act, the Secretary shall
ensure that such guidelines and standards are applied uniformly.
SEC. 4003. COMMERCIAL MOTOR VEHICLE INFORMATION SYSTEM.
Part A of title IV of the Surface Transportation Assistance Act of 1982
(49 U.S.C. App. 2301m2305) is amended by adding at the end the following
new section:
``SEC. 407. COMMERCIAL VEHICLE INFORMATION SYSTEM PROGRAM.
``(a) Information System.-
``(1) Registration systems review.-Not later than 1 year after the effective
date of this section, the Secretary, in cooperation with the States, shall
conduct a review of State motor vehicle registration systems pertaining
to license tags for commercial motor vehicles in order to determine whether
or not such systems could be utilized in carrying out this section.
``(2) Establishment.-The Secretary, in cooperation with the States,
may establish, as part of the motor carrier safety information network
system of the Department of Transportation and similar State systems, an
information system which will serve as a clearinghouse and depository of
information pertaining to State registration and licensing of commercial
motor vehicles and the safety fitness of the registrants of such vehicles.
``(3) Operation.-Operation of the information system established under
paragraph (2) shall be paid for by a system of user fees. The Secretary
may authorize the operation of the information system by contract, through
an agreement with a State or States, or by designating, after consultation
with the States, a third party which represents the interests of the States.
``(4) Data collection and reporting standards.-The Secretary shall establish
standards to ensure uniform data collection and reporting by all States
necessary to carry out this section and to ensure the availability and
reliability of the information to the States and the Secretary from the
information system established under paragraph (2).
``(5) Type of information.-As part of the information system established
under paragraph (2), the Secretary shall include information on the safety
fitness of the registrant of the commercial motor vehicle and such other
information as the Secretary considers appropriate, including data on vehicle
inspections and outofservice orders.
``(b) Demonstration Project.-The Secretary shall make grants to States
to carry out a project to demonstrate methods of establishing an information
system which will link the motor carrier safety information network system
of the Department of Transportation and similar State systems with the
motor vehicle registration and licensing systems of the States. The purposes
of the project shall be-
``(1) to allow a State when issuing license plates for a commercial
motor vehicle to determine through use of the information system the safety
fitness of the person seeking to register the vehicle; and
``(2) to determine the types of sanctions which may be imposed on the
registrant, or the types of conditions or limitations which may be imposed
on the operations of the registrant, to ensure the safety fitness of the
registrant.
``(c) Regulations.-The Secretary shall issue such regulations as may
be necessary to carry out this section.
``(d) Report.-Not later than January 1, 1995, the Secretary shall prepare
and submit to Congress a report assessing the cost and benefits and feasibility
of the information system established under this section and, if the Secretary
determines that such system would be beneficial on a nationwide basis,
including recommendations on legislation for the nationwide implementation
of such system.
``(e) Funding.-Funds necessary to carry out this section may be made
available by the Secretary as provided in section 404(g)(2) of this title.
``(f) Commercial Motor Vehicle Defined.-For purposes of this section,
the term `commercial motor vehicle' means any selfpropelled or towed vehicle
used on highways in intrastate or interstate commerce to transport passengers
or property-
``(1) if such vehicle has a gross vehicle weight rating of 10,001 or
more pounds;
``(2) if such vehicle is designed to transport more than 15 passengers,
including the driver; or
``(3) 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 et seq.) and are transported in
a quantity requiring placarding under regulations issued by the Secretary
under such Act.''.
SEC. 4004. TRUCK AND BUS ACCIDENT DATA GRANT PROGRAM.
Part A of title IV of the Surface Transportation Assistance Act of 1982
(49 U.S.C. App. 2301m2305) is further amended by adding at the end the
following new section:
``SEC. 408. TRUCK AND BUS ACCIDENT DATA GRANT PROGRAM.
``(a) General Authority.-The Secretary shall make grants to States which
agree to adopt or have adopted the recommendations of the National Governors'
Association with respect to police accident reports for truck and bus accidents.
``(b) Grant Purposes.-Grants may only be made under this section for
assisting States in the implementation of the recommendations referred
to in subsection (a), including-
``(1) assisting States in designing appropriate forms;
``(2) drafting instruction manuals;
``(3) training appropriate State and local officers, including training
on accident investigation techniques to determine the probable cause of
accidents;
``(4) analyzing and evaluating safety data so as to develop, if necessary,
recommended changes to existing safety programs that more effectively would
address the causes of truck and bus accidents; and
``(5) such other activities as the Secretary determines are appropriate
to carry out the objectives of this section.
``(c) Coordination.-The Secretary shall coordinate grants made under
this section with the highway safety programs being carried out under section
402 of title 23, United States Code, and may require that the data from
the reports described in subsection (a) be included in the reports made
to the Secretary under the uniform data~~~~ collection~~~~ and~~~~ reporting~~~~
program~~~~ carried~~~~ out~~~~ under~~~~ such _section.
``(d) Funding.-Funds necessary to carry out this section may be made
available by the Secretary as provided in section 404(g)(3) of this title.''.
SEC. 4005. SINGLE STATE REGISTRATION SYSTEM.
Section 11506 of title 49, United States Code, is amended to read as
follows:
``Sec. 11506. Registration of motor carriers by a State
``(a) Definitions.-In this section, the terms `standards' and `amendments
to standards' mean the specification of forms and procedures required by
regulations of the Interstate Commerce Commission to prove the lawfulness
of transportation by motor carrier referred to in section 10521(a) (1)
and (2) of this title.
``(b) General Rule.-The requirement of a State that a motor carrier,
providing transportation subject to the jurisdiction of the Commission
under subchapter II of chapter 105 of this title and providing transportation
in that State, register the certificate or permit issued to the carrier
under section 10922 or 10923 of this title is not an unreasonable burden
on transportation referred to in section 10521(a) (1) and (2) of this title
when the registration is completed under standards of the Commission under
subsection (c) of this section. When a State registration requirement imposes
obligations in excess of the standards, the part in excess is an unreasonable
burden.
``(c) Single State Registration System.-
``(1) In general.-Not later than 18 months after the date of the enactment
of the Intermodal Surface Transportation Efficiency Act of 1991, the Commission
shall prescribe amendments to the standards existing as of such date of
enactment. Such amendments shall implement a system under which-
``(A) a motor carrier is required to register annually with only one
State;
``(B) the State of registration shall fully comply with standards prescribed
under this section; and
``(C) such single State registration shall be deemed to satisfy the
registration requirements of all other States.
``(2) Specific requirements.-
``(A) Evidence of certificate; proof of insurance; payment of fees.-Under
the amended standards implementing the single State registration system
described in paragraph (1) of this subsection, only a State acting in its
capacity as registration State under such single State system may require
a motor carrier holding a certificate or permit issued under this subtitle-
``(i) to file and maintain evidence of such certificate or permit;
``(ii) to file satisfactory proof of required insurance or qualification
as a selfinsurer;
``(iii) to pay directly to such State fee amounts in accordance with
the fee system established under subparagraph (B)(iv) of this paragraph,
subject to allocation of fee revenues among all States in which the carrier
operates and which participate in the single State registration system;
and
``(iv) to file the name of a local agent for service of process.
``(B) Receipts; fee system.-Such amended standards-
``(i) shall require that the registration State issue a receipt, in
a form prescribed under the amended standards, reflecting that the carrier
has filed proof of insurance as provided under subparagraph (A)(ii) of
this paragraph and has paid fee amounts in accordance with the fee system
established under clause (iv) of this subparagraph;
``(ii) shall require that copies of the receipt issued under clause
(i) of this subparagraph be kept in each of the carrier's commercial motor
vehicles;
``(iii) shall not require decals, stamps, cab cards, or any other means
of registering or identifying specific vehicles operated by the carrier;
``(iv) shall establish a fee system for the filing of proof of insurance
as provided under subparagraph (A)(ii) of this paragraph that (I) will
be based on the number of commercial motor vehicles the carrier operates
in a State and on the number of States in which the carrier operates, (II)
will minimize the costs of complying with the registration system, and
(III) will result in a fee for each participating State that is equal to
the fee, not to exceed $10 per vehicle, that such State collected or charged
as of November 15, 1991; and
``(v) shall not authorize the charging or collection of any fee for
filing and maintaining a certificate or permit under subparagraph (A)(i)
of this paragraph.
``(C) Prohibited fees.-The charging or collection of any fee under this
section that is not in accordance with the fee system established under
subparagraph (B)(iv) of this paragraph shall be deemed to be a burden on
interstate commerce.
``(D) Limitation on participation by states.-Only a State which, as
of January 1, 1991, charged or collected a fee for a vehicle identification
stamp or number under part 1023 of title 49, Code of Federal Regulations,
shall be eligible to participate as a registration State under this subsection
or to receive any fee revenue under this subsection.
``(3) Effective date of amendments.-Amendments prescribed under this
subsection shall take effect by January 1, 1994.
``(d) Interpretation Authority of Commission.-This section does not
affect the authority of the Commission to interpret its regulations and
certificates and permits issued under section 10922 or 10923 of this title.''.
SEC. 4006. VEHICLE LENGTH RESTRICTION.
(a) Cargo Carrying Unit Limitation.-Section 411 of the Surface Transportation
Assistance Act of 1982 (49 U.S.C. App. 2311) is amended by adding at the
end the following new subsection:
``(j) Cargo Carrying Unit Limitation.-
``(1) In general.-No State shall allow by statute, regulation, permit,
or any other means the operation on any segment of the National System
of Interstate and Defense Highways and those classes of qualifying Federalaid
primary system highways as designated by the Secretary pursuant to subsection
(e) of this section, of any commercial motor vehicle combination (except
for those vehicles and loads which cannot be easily dismantled or divided
and which have been issued special permits in accordance with applicable
State laws) with 2 or more cargo carrying units (not including the truck
tractor) whose cargo carrying units exceed-
``(A) the maximum combination trailer, semitrailer, or other type of
length limitation authorized by statute or regulation of that State on
or before June 1, 1991; or
``(B) the length of the cargo carrying units of those commercial motor
vehicle combinations, by specific configuration, in actual, lawful operation
on a regular or periodic basis (including continuing seasonal operation)
in that State on or before June 1, 1991.
``(2) Wyoming, ohio, and alaska.-
``(A) Wyoming.-In addition to those vehicles allowed under paragraphs
(1)(A) and (1)(B), the State of Wyoming may allow the operation of additional
vehicle configurations not in actual operation on June 1, 1991, but authorized
by State law not later than November 3, 1992, if such vehicle configurations
comply with the single axle, tandem axle, and bridge formula limits set
forth in section 127(a) of title 23, United States Code, and do not exceed
117,000 pounds gross vehicle weight.
``(B) Ohio.-In addition to vehicles which the State of Ohio may continue
to allow to be operated under paragraphs (1)(A) and (1)(B), such State
may allow commercial motor vehicle combinations with 3 cargo carrying units
of 28\1/2\ feet each (not including the truck tractor) not in actual operation
on June 1, 1991, to be operated within its boundaries on the 1mile segment
of Ohio State Route 7 which begins at and is south of exit 16 of the Ohio
Turnpike.
``(C) Alaska.-In addition to vehicles which the State of Alaska may
continue to allow to be operated under paragraphs (1)(A) and (1)(B), such
State may allow operation of commercial motor vehicle combinations which
were not in actual operation on June 1, 1991, but which were in actual
operation prior to July 6, 1991.
``(3) Measurement of length.-For purposes of this subsection, the length
of the cargo carrying units of a commercial motor vehicle combination is
the length measured from the front of the first cargo carrying unit to
the rear of the last cargo carrying unit.
``(4) Limitations.-Commercial motor vehicle combinations whose operations
in a State are not prohibited under paragraphs (1) and (2) of this subsection
may continue to operate in such State on the highways described in paragraph
(1) only if in compliance with, at the minimum, all State statutes, regulations,
limitations, and conditions, including but not limited to routingspecific
and configurationspecific designations and all other restrictions in force
in such State on June 1, 1991; except that subject to such regulations
as may be issued by the Secretary, pursuant to paragraph (8) of this subsection,
the State may make minor adjustments of a temporary and emergency nature
to route designations and vehicle operating restrictions in effect on June
1, 1991, for specific safety purposes and road construction. Nothing in
this subsection shall prevent any State from further restricting in any
manner or prohibiting the operation of any commercial motor vehicle combination
subject to this subsection, except that such restrictions or prohibitions
shall be consistent with the requirements of this section and of section
412 and section 416 (a) and (b) of this Act. Any State further restricting
or prohibiting the operations of commercial motor vehicle combinations
or making such minor adjustments of a temporary and emergency nature as
may be allowed pursuant to regulations issued by the Secretary pursuant
to paragraph (8) of this subsection shall advise the Secretary within 30
days after such action and the Secretary shall publish a notice of such
action in the Federal Register.
``(5) List of state length limitations.-
``(A) Submission to secretary.-Within 60 days after the date of the
enactment of this subsection, each State shall submit to the Secretary
for publication a complete list of State length limitations applicable
to commercial motor vehicle combinations operating in each State on the
highways described in paragraph (1). The list shall indicate the applicable
State statutes and regulations associated with such length limitations.
If a State does not submit information as required, the Secretary shall
complete and file such information for such State.
``(B) Interim list.-Not later than 90 days after the date of the enactment
of this subsection, the Secretary shall publish an interim list in the
Federal Register, consisting of all information submitted pursuant to subparagraph
(A). The Secretary shall review for accuracy all information submitted
by the States pursuant to subparagraph (A) and shall solicit and consider
public comment on the accuracy of all such information.
``(C) Limitation.-No statute or regulation shall be included on the
list submitted by a State or published by the Secretary merely on the grounds
that it authorized, or could have authorized, by permit or otherwise, the
operation of commercial motor vehicle combinations not in actual operation
on a regular or periodic basis on or before June 1, 1991.
``(D) Final list.-Except as modified pursuant to subparagraph (B) or
(E) of this subsection, the list shall be published as final in the Federal
Register not later than 180 days after the date of the enactment of this
subsection. In publishing the final list, the Secretary shall make any
revisions necessary to correct inaccuracies identified under subparagraph
(B). After publication of the final list, commercial motor vehicle combinations
prohibited under paragraph (1) may not operate on the National System of
Interstate and Defense Highways and other Federalaid primary system highways
as designated by the Secretary except as published on the list. The list
may be combined by the Secretary with the list required under section 127(d)
of title 23, United States Code.
``(E) Review and correction procedure.-The Secretary, on his or her
own motion or upon a request by any person (including a State), shall review
the list issued by the Secretary pursuant to subparagraph (D). If the Secretary
determines there is cause to believe that a mistake was made in the accuracy
of the final list, the Secretary shall commence a proceeding to determine
whether the list published pursuant to subparagraph (D) should be corrected.
If the Secretary determines that there is a mistake in the accuracy of
the list, the Secretary shall correct the publication under subparagraph
(D) to reflect the determination of the Secretary.
``(6) Limitations on statutory construction.-Nothing in this subsection
shall be construed to-
``(A) allow the operation on any segment of the National System of Interstate
and Defense Highways of any longer combination vehicle prohibited under
section 127(d) of title 23, United States Code;
``(B) affect in any way the operation of commercial motor vehicles having
only 1 cargo carrying unit; or
``(C) affect in any way the operation in a State of commercial motor
vehicles with 2 or more cargo carrying units if such vehicles were in actual
operation on a regular or periodic basis (including seasonal operation)
in that State on or before June 1, 1991, authorized under State statute,
regulation, or lawful State permit.
``(7) Cargo carrying unit defined.-As used in this subsection, `cargo
carrying unit' means any portion of a commercial motor vehicle combination
(other than the truck tractor) used for the carrying of cargo, including
a trailer, semitrailer, or the cargo carrying section of a single unit
truck.
``(8) Regulations regarding minor adjustments.-Not later than 180 days
after the date of the enactment of this subsection, the Secretary shall
issue regulations establishing criteria for the States to follow in making
minor adjustments under paragraph (4).
``(9) Regulations for defining noneasily dismantled or divided loads.-For
the purposes of this subsection only, the Secretary shall define by regulation
loads which cannot be easily dismantled or divided.''.
(b) Applicability to Buses.-
(1) General rule.-Section 411(a) of such Act is amended by inserting
``of less than 45 feet on the length of any bus,'' after ``vehicle length
limitation''.
(2) Access to points of loading and unloading.-Section 412(a)(2) of
such Act is amended by inserting ``, motor carrier of passengers,'' after
``household goods carriers''.
(c) Conforming Amendment.-Section 411(e)(1) of such Act is amended by
striking ``those Primary System highways'' and inserting ``those highways
of the Federalaid primary system in existence on June 1, 1991,''.
SEC. 4007. TRAINING OF DRIVERS; LONGER COMBINATION VEHICLE REGULATIONS,
STUDIES, AND TESTING.
(a) Entry Level.-
(1) Study of private sector.-Not later than 12 months after the date
of the enactment of this Act, the Secretary shall report to Congress on
the effectiveness of the efforts of the private sector to ensure adequate
training of entry level drivers of commercial motor vehicles. In preparing
the report, the Secretary shall solicit the views of interested persons.
(2) Rulemaking proceeding.-Not later than 12 months after the date of
the enactment of this Act, the Secretary shall commence a rulemaking proceeding
on the need to require training of all entry level drivers of commercial
motor vehicles. Such rulemaking proceeding shall be completed not later
than 24 months after the date of such enactment.
(3) Followup study.-If the Secretary determines under the proceeding
conducted under paragraph (2) that it is not in the public interest to
issue a rule that requires training for all entry level drivers, the Secretary
shall submit to the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Public Works and Transportation of the
House of Representatives not later than 25 months after the date of the
enactment of this Act a report on the reasons for such decision, together
with the results of a cost benefit analysis which the Secretary shall conduct
with respect to such proceeding.
(b) LCVs Training Requirements.-
(1) Initiation of rulemaking proceeding.-Not later than 60 days after
the date of the enactment of this Act, the Secretary shall initiate a rulemaking
proceeding to establish minimum training requirements for operators of
longer combination vehicles. This training shall include certification
of an operator's proficiency by an instructor who has met the requirements
established by the Secretary.
(2) Final rule.-Not later than 24 months after the date of the enactment
of this Act, the Secretary shall issue a final regulation establishing
minimum training requirements for operators of longer combination vehicles.
(c) Safety Characteristics.-
(1) Study.-The Comptroller General shall conduct a study of the safety
of longer combination vehicles for the purpose of comparing the safety
characteristics and performance, including engineering and design safety
characteristics, of such vehicles to other trucktrailer combination vehicles
and for the purpose of reviewing the history and effectiveness of State
safety enforcement pertaining to such vehicles for those States in which
such vehicles are permitted to operate. Such study shall include an assessment
of each of the following:
(A) The adequacy of currently available data bases for the purpose of
determining the safety of longer combination vehicles and recommending
safety improvements.
(B) Whether or not such States are actively monitoring the safety of
such operations.
(C) The best available information on the safety of such operations.
(D) Enforcement actions which have been taken in such States to ensure
the safety of such operations.
(E) Current procedures and controls used by such States to ensure the
safety of operation of such vehicles.
(F) Whether or not any special inspections of equipment maintenance
is required to improve the safety of such operations.
(G) The economic and safety impact of longer combination vehicles on
shared highways.
(2) Report.-Not later than 2 years after the date of the enactment of
this Act, the Comptroller General shall transmit a report on the results
of the study conducted under paragraph (1) to the Committee on Environment
and Public Works and the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Public Works and Transportation of the
House of Representatives.
(d) Operations of Longer Combination Vehicles.-
(1) Tests.-The Secretary shall conduct on the road tests with respect
to the driver and vehicle characteristics of operations of longer combination
vehicles for the purpose of determining whether or not any modifications
are necessary to the Federal commercial motor vehicle safety standards
of the Department of Transportation as they apply to longer combination
vehicles. At a minimum, such tests shall examine driver fatigue and stress
and time of operation characteristics. Such tests also shall examine the
characteristics of longer combination vehicles, including an assessment
of on board computers, antilock brakes, and antitrailer under ride systems
to determine the potential safety effectiveness of those technologies as
applied to such vehicles.
(2) Report.-Not later than 3 years after the date of the enactment of
this Act, the Secretary shall transmit a report on the results of the tests
conducted under paragraph (1) to the Committee on Environment and Public
Works and the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Public Works and Transportation of the House
of Representatives.
(e) Funding.-There shall be available to the Secretary for carrying
out this section, out of the Highway Trust Fund (other than the Mass Transit
Account), $1,000,000 per fiscal year for each of fiscal years 1992, 1993,
and 1994. Such sums shall remain available until expended.
(f) Longer Combination Vehicle Defined.-For the purposes of this section,
the term ``longer combination vehicle'' means any combination of a truck
tractor and 2 or more trailers or semitrailers which operate on the National
System of Interstate and Defense Highways with a gross vehicle weight greater
than 80,000 pounds.
SEC. 4008. PARTICIPATION IN INTERNATIONAL REGISTRATION PLAN AND INTERNATIONAL
FUEL TAX AGREEMENT.
(a) Working Group.-Not later than 180 days after the date of the enactment
of this Act, the Secretary shall establish a working group comprised of
State and local government officials, including representatives of the
National Governors' Association, the American Association of Motor Vehicle
Administrators, the National Conference of State Legislatures, the Federation
of Tax Administrators, the Board of Directors for the International Fuel
Tax Agreement, and a representative of the Regional Fuel Tax Agreement,
for the purpose of-
(1) proposing procedures for resolving disputes among States participating
in the International Registration Plan and among States participating in
the International Fuel Tax Agreement including designation of the Department
of Transportation or any other person for resolving such disputes; and
(2) providing technical assistance to States participating or seeking
to participate in the Plan or in the Agreement.
(b) Consultation Requirement.-The working group established under this
section shall consult with members of the motor carrier industry in carrying
out subsection (a).
(c) Reports.-Not later than 24 months after the date of the enactment
of this Act, the working group established under this section shall transmit
a report to the Secretary, to the Committee on Commerce, Science, and Transportation
of the Senate, to the Committee on Public Works and Transportation and
the Committee on the Judiciary of the House of Representatives, to those
States participating in the International Registration Plan, and to those
States participating in the International Fuel Tax Agreement. The report
shall contain a detailed statement of the findings and conclusions of the
working group, together with its joint recommendations concerning the matters
referred to in subsection (a). After transmission of such report, the working
group may periodically review and modify the findings and conclusions and
the joint recommendations as appropriate and transmit a report containing
such modifications to the Secretary and such committees.
(d) Applicability of Advisory Committee Act.-The working group established
under this section shall not be subject to the Federal Advisory Committee
Act.
(e) Grants.-
(1) In general.-The Secretary may make grants to States and appropriate
persons for the purpose of facilitating participation in the International
Registration Plan and participation in the International Fuel Tax Agreement
and for the purpose of administrative improvements in any other base State
fuel use tax agreement in existence as of January 1, 1991, including such
purposes as providing technical assistance, personnel training, travel
costs, and technology and equipment associated with such participation.
(2) Contract authority.-Notwithstanding any other provision of law,
approval by the Secretary of a grant with funds made available under this
section shall be deemed a contractual obligation of the United States for
payment of the Federal share of the grant.
(f) Vehicle Registration.-After September 30, 1996, no State (other
than a State which is participating in the International Registration Plan)
shall establish, maintain, or enforce any commercial motor vehicle registration
law, regulation, or agreement which limits the operation of any commercial
motor vehicle within its borders which is not registered under the laws
of the State if the vehicle is registered under the laws of any other State
participating in the International Registration Plan.
(g) Fuel Use Tax.-
(1) Reporting requirements.-After September 30, 1996, no State shall
establish, maintain, or enforce any law or regulation which has fuel use
tax reporting requirements (including tax reporting forms) which are not
in conformity with the International Fuel Tax Agreement.
(2) Payment.-After September 30, 1996, no State shall establish, maintain,
or enforce any law or regulation which provides for the payment of a fuel
use tax unless such law or regulation is in conformity with the International
Fuel Tax Agreement with respect to collection of such a tax by a single
base State and proportional sharing of such taxes charged among the States
where a commercial motor vehicle is operated.
(3) Limitation.-For purposes of paragraphs (1) and (2), in the event
of an amendment to the International Fuel Tax Agreement, conformity by
a State that is not participating in such Agreement when such amendment
is made may not be required with respect to such amendment until a reasonable
time period for such conformity has elapsed, but in no case earlier than-
(A) the expiration of the 365day period beginning on the first day that
the corresponding compliance with such amendment is required of States
that are participating in such Agreement; or
(B) the expiration of the 365day period beginning on the day the relevant
office of the State receives written notice of such amendment from the
Secretary.
(4) Exception.-Paragraphs (1), (2), and (3) shall not apply with respect
to a State that participates on January 1, 1991, in the Regional Fuel Tax
Agreement and that continues to participate after such date in such Agreement.
(h) Enforcement.-
(1) Action.-On the request of the Secretary, the Attorney General may
commence, in a court of competent jurisdiction, a civil action for such
injunctive relief as may be appropriate to ensure compliance with subsections
(f) and (g).
(2) Venue.-Such action may be commenced only in the State in which relief
is required to ensure such compliance.
(3) Relief.-Subject to section 1341 of title 28, United States Code,
such court, upon a proper showing-
(A) shall issue a temporary restraining order or a preliminary or permanent
injunction; and
(B) may require in such injunction that the State or any person comply
with such subsections.
(i) Limitations on Statutory Construction.-Nothing in subsections (f)
and (g) shall be construed as limiting the amount of money a State may
charge for registration of a commercial motor vehicle or the amount of
any fuel use tax a State may impose.
(j) Funding.-There is authorized to be appropriated out of the Highway
Trust Fund (other than the Mass Transit Account) for fiscal year 1992 $1,000,000
for funding the activities of the working group under this section and
$5,000,000 for making grants under subsection (e). Amounts authorized by
the preceding sentence shall be subject to the obligation limitation established
by section 102 of this Act for fiscal year 1992. From sums made available
under section 404 of the Surface Transportation Assistance Act of 1982,
the Secretary shall provide for each of fiscal years 1993 through 1997
$1,000,000 for funding the activities of the working group under this section
and $5,000,000 for making grants under subsection (e). Such sums shall
remain available until expended.
(k) Definitions.-In this section, the following definitions apply:
(1) Commercial motor vehicle.-The term ``commercial motor vehicle''-
(A) as used with respect to the International Registration Plan, has
the meaning the term ``apportionable vehicle'' has under such plan; and
(B) as used with respect to the International Fuel Tax Agreement, has
the meaning the term ``qualified motor vehicle'' has under such agreement.
(2) Fuel use tax.-The term ``fuel use tax'' means a tax imposed on or
measured by the consumption of fuel in a motor vehicle.
(3) International fuel tax agreement.-The term ``International Fuel
Tax Agreement'' means the interstate agreement for the collection and distribution
of fuel use taxes paid by motor carriers, developed under the auspices
of the National Governors' Association.
(4) International registration plan.-The term ``International Registration
Plan'' means the interstate agreement for the apportionment of vehicle
registration fees paid by motor carriers, developed by the American Association
of Motor Vehicle Administrators.
(5) Regional fuel tax agreement.-The term ``Regional Fuel Tax Agreement''
means the interstate agreement for the collection and distribution of fuel
use taxes paid by motor carriers in the States of Maine, Vermont, and New
Hampshire.
(6) State.-The term ``State'' means the 48 contiguous States and the
District of Columbia.
SEC. 4009. VIOLATIONS OF OUTOFSERVICE ORDERS.
(a) Federal Regulations.-The Commercial Motor Vehicle Safety Act of
1986 (49 U.S.C. App. 2701m2716) is amended by adding at the end the following
new section:
``SEC. 12020. VIOLATION OF OUTOFSERVICE ORDERS.
``(a) Regulations.-The Secretary shall issue regulations establishing
sanctions and penalties relating to violations of outofservice orders by
persons operating commercial motor vehicles.
``(b) Minimum Requirements.-Regulations issued under subsection (a)
shall, at a minimum, require that-
``(1) any operator of a commercial motor vehicle who is found to have
committed a first violation of an outofservice order shall be disqualified
from operating such a vehicle for a period of not less than 90 days and
shall be subject to a civil penalty of not less than $1,000;
``(2) any operator of a commercial motor vehicle who is found to have
committed a second violation of an outofservice order shall be disqualified
from operating such a vehicle for a period of not less than 1 year and
not more than 5 years and shall be subject to a civil penalty of not less
than $1,000; and
``(3) any employer that knowingly allows, permits, authorizes, or requires
an employee to operate a commercial motor vehicle in violation of an outofservice
order shall be subject to a civil penalty of not more than $10,000.
``(c) Deadlines.-The regulations required under subsection (a) shall
be developed pursuant to a rulemaking proceeding initiated within 60 days
after the date of the enactment of this section _and shall be issued not
later than 12 months after such date of _enactment.''.
(b) State Regulations.-Section 12009(a)(21) of the Commercial Motor
Vehicle Safety Act of 1986 (49 U.S.C. App. 2708(a)(21)) is amended by inserting
``and section 12020(a)'' before the period at the end.
SEC. 4010. EXEMPTION OF CUSTOM HARVESTING FARM MACHINERY.
Section 12019(5) of the Commercial Motor Vehicle Safety Act of 1986
(49 U.S.C. App. 2716(5)), relating to the definition of motor vehicle,
is amended by inserting ``or custom harvesting farm machinery'' before
the period at the end.
SEC. 4011. COMMON CARRIERS PROVIDING TRANSPORTATION FOR CHARITABLE PURPOSES.
Section 10723(b) of title 49, United States Code, is amended-
(1) in paragraph (2) by inserting ``(other than a motor carrier of passengers)''
after ``carrier''; and
(2) by adding at the end the following new paragraph:
``(3) In the case of a motor carrier of passengers, that carrier may
also establish a rate and related rule equal to the rate charged for the
transportation of 1 individual when that rate is for the transportation
of-
``(A) a totally blind individual and an accompanying guide or a dog
trained to guide the individual;
``(B) a disabled individual and accompanying attendant, or animal trained
to assist the individual, or both, when required because of disability;
or
``(C) a hearingimpaired individual and a dog trained to assist the individual.''.
SEC. 4012. BRAKE PERFORMANCE STANDARDS.
(a) Initiation of Rulemaking.-Not later than May 31, 1992, the Secretary
shall initiate rulemaking concerning methods for improving braking performance
of new commercial motor vehicles, including truck tractors, trailers, and
their dollies. Such rulemaking shall include an examination of antilock
systems, means of improving brake compatibility, and methods of ensuring
effectiveness of brake timing.
(b) Limitation With Respect to Rules.-Any rule which the Secretary determines
to issue regarding improved braking performance pursuant to the rulemaking
initiated under this section shall take into account the need for the rule
and, in the case of trailers, shall include articulated vehicles and their
manufacturers.
(c) Rulemaking Procedure.-Any rulemaking under this section shall, consistent
with section 229 of the Motor Carrier Safety Act of 1984 (49 U.S.C. App.
2519(b)), be carried out pursuant to, and in accordance with, the National
Traffic and Motor Vehicle Safety Act of 1966.
(d) Completion of Rulemaking.-The Secretary shall complete the rulemaking
within 18 months after its initiation; except that the Secretary may extend
that period for an additional 6 months after giving notice in the Federal
Register of the need for such an extension. Such extension shall not be
reviewable.
(e) Limitation on Statutory Construction.-Nothing in this section shall
be construed as affecting the authority of the Secretary under this Act
(or preventing the Secretary) from simultaneously initiating a rulemaking
concerning methods for improving brake performance in the case of vehicles,
other than new manufactured commercial motor vehicles, and for considering
the necessity for effective enforcement of any rule relating to improving
such performance as part of the rulemaking proceeding and for considering
the reliability, maintainability, and durability of any brake equipment.
(f) Commercial Motor Vehicle Defined.-For purposes of this section only,
the term ``commercial motor vehicle'' means any selfpropelled or towed
vehicle used on highways to transport passengers or property if such vehicle
has a gross vehicle weight rating of 26,001 or more pounds.
SEC. 4013. FHWA POSITIONS.
To help implement the purposes of this title, the Secretary in fiscal
year 1992 shall employ and maintain thereafter 2 additional employees in
positions at the headquarters of the Federal Highway Administration in
excess of the number of employees authorized for fiscal year 1991 for the
Federal Highway Administration.
SEC. 4014. COMPLIANCE REVIEW PRIORITY.
If the Secretary identifies a pattern of violations of State or local
traffic safety laws or regulations, or commercial motor vehicle safety
rules, regulations, standards, or orders, among the drivers of commercial
motor vehicles employed by a particular motor carrier, the Secretary or
a State representative shall ensure that such motor carrier receives a
high priority for review of such carrier's compliance with applicable Federal
and State commercial motor vehicle safety regulations.
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