Page:United States Statutes at Large Volume 105 Part 3.djvu/272

 105 STAT. 2156 PUBLIC LAW 102-240—DEC. 18, 1991 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 OUT-OF-SERVICE ORDERS. (a) FEDERAL REGULATIONS.—The Commercial Motor Vehicle Safety Act of 1986 (49 U.S.C. App. 2701-2716) is amended by adding at the end the following new section: 49 USC app. "SEC. 12020. VIOLATION OF OUT-OF-SERVICE ORDERS. 2717 "(a) REGULATIONS.—The Secretary shall issue regulations establishing sanctions and penalties relating to violations of out-of- service 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 out-of-service 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 out-of-service 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 out-of-service order shall be subject to a civil penalty of not more than $10,000. "(c) DEADUNES.— 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:

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