Page:United States Statutes at Large Volume 102 Part 5.djvu/522

 102 STAT. 4528

PUBLIC LAW 100-690—NOV. 18, 1988

Sec. Sec. Sec. Sec.

9112. Insurance for foreign motor carriers. 9113. Monitoring and reporting of certain cost savings. 9114. Freight forwarder liability technical amendments. 9115. Definitions.

SEC. 9102. COMMERCIAL ZONE EXEMPTION.

(a) GENERAL RULE.—Section 206 of the Motor Carrier Safety Act of 1984 (49 U.S.C. 2505 App.) is amended by striking out subsection (h) and inserting in lieu thereof the following: "(h) COMMERCIAL ZONE EXEMPTION.— "(1) GENERAL RULE.—The Secretary may not—

"(A) exempt any person or commercial motor vehicle from complying with any regulation pertaining to commercial motor vehicle safety, or "(B) waive application of any such regulation with respect to any person or commercial motor vehicle, solely on account that the operations of such person or vehicle are entirely in a municipality or commercial zone thereof. "(2) GRANDFATHER CLAUSE.— "(A) GENERAL RULE.—If any person was authorized to

operate in the United States throughout the 1-year period ending on the date of the enactment of the Truck and Bus Safety and Regulatory Reform Act of 1988 a commercial motor vehicle in a municipality or commercial zone thereof and if such person is otherwise qualified to operate such a vehicle, such person may operate such a vehicle entirely in a municipality or commercial zone thereof notwithstanding paragraph (1), notwithstanding any Federal minimum age requirement for operation of such a vehicle, and notwithstanding any medical or physical condition of such person. "(B) DEFINITION OF MEDICAL OR PHYSICAL CONDITION.—For

purposes of this paragraph, the term 'medical or physical condition' means a medical or physical condition of a person— "(i) which would prevent such person from operating a commercial motor vehicle under the commercial motor vehicle safety regulations contained in title 49 of the Code of Federal Regulations, "(ii) which existed on July 1, 1988, "(iii) which has not substantially worsened, and "(iv) which does not involve alcohol or drug abuse. "(3) LIMITATION ON STATUTORY CONSTRUCTION.—Nothing in

this subsection shall be construed as having any effect on any State commercial motor vehicle safety law pertaining to intrastate commerce.". 0)) DELAYED APPLICATION.—

(1) FOREIGN CARRIERS.—Notwithstanding section 206(h)(l) of the Motor Carrier Safety Act of 1984 or any other provision of Federal law, the Secretary shall not apply, for a period of 1 year beginning on the date of the enactment of this Act, part 393 of title 49 of the Code of Federal Regulations to any foreign motor carrier or foreign motor private carrier (as such terms are defined, or will be defined on January 1, 1990, in section 10530 of title 49, United States Code) if— (A) such carrier is or will be required to obtain a certificate of registration under such section 10530 for operation of a commercial motor vehicle in a municipality or commer-

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