Page:United States Statutes at Large Volume 102 Part 1.djvu/663

 PUBLIC LAW 100-342—JUNE 22, 1988

102 STAT. 625

to the supervisor. Such individual shall have the right to document such protest."; and (4) by adding at the end the following new subsection: "(f) Where an individual's violation of any rule, regulation, order, or standard prescribed by the Secretary under this title is shown to make that individual unfit for the performance of safety-sensitive functions, the S«n:«tary, s ^ r notice and opportunity for a hearing, may issue an order prohibiting such individual from performing safely-sensitive functions in the rail industry for a specified period of time or until specified conditions are met. This subsection shall not be construed to affect the Secretary's authority under section 203 to take such action on an emergency basis.". 0)) Within 30 days after the date of the enactment of this Act the Regulations. Secretary of Transportation (hereafter in this Act referred to as the 45 USC 438 note. "Secretary") shall issue interim rules, r^ulations, orders, or standsurds containing penalty schedules applicable to railroads and individuals reflecting the changes made by the amendments in subsection (a). The Secretary shall issue final rules, regulations, orders, or standards with respect to such penalty schedules within 6 months after such date of enactment. SEC. 4. UCENSING OR CERTIFICATION OF ENGINEERS.

(a) Section 202 of the Federal Railroad Safety Act of 1970 (45 U.S.C. 431) is amended by adding at the end the following new subsection: "GXl) The Secretary shall, within 12 months after the date of the Regulations. enactment of this subsection, issue such rules, regulations, orders, and standards as may be necessary to establish a program requiring the licensing or certification of any operator of a locomotive, including any locomotive engineer, after the expiration of 12 months following the establishment of such prc^ram. "(2) The program established by the Secretary under paragraph "(A) shall be implemented through review and approval of each railroad's operator qualification standards; "(B) shall provide minimum training requirements; railroad operating practices and operating rules; "(D) shall, except as provided in paragraph (4), require the Records. consideration, to the extent information is available, of the motor vehicle driving record of each individual seeking licensing or certification under such pr(^ram, including— "(i) any denial of a motor vehicle operator's license by a State for cause within the previous 5 years; "(ii) any cancellation, revocation, or suspension of a motor vehicle operator's license by a State for cause within - " ' the previous 5 years; and "(iii) any conviction within the previous 5 years of an, ^^xV ofTense described under section 205(a)(3)(A) o r (B) of the National Driver Roister Act of 1982, and may, based on such driving record, require disqualification of an individual or the granting of a license or certification conditioned on such terms as the Secretary may prescribe; and "(E) shall require any individual seeking a license or certification under this subsection to— "(i) request the chief driver licensing official of each State state and local in which such individual has within the previous 5 years governments. Records.
 * XC) shall require comprehensive knowledge of applicable

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