Page:United States Statutes at Large Volume 108 Part 2.djvu/961

 PUBLIC LAW 103-311—AUG. 26, 1994 108 STAT. 1677 carrier so as to allow verification of the accuracy of such documents at a reasonable cost, to the driver and the motor carrier, of record acquisition and retention. (3) A provision specifying the period during which supporting documents shall be retained by the motor carrier. The period shall be at least 6 months from the date of a document's receipt. (4) A provision to authorize, on a case-by-case basis, motor carrier self-compliance systems that ensure driver compliance with hours of service requirements and allow Federal and State enforcement officers the opportunity to conduct independent audits of such systems to validate compliance with section 395.8(k) of title 49, Code of Federal Regulations (or successor regulations thereto). Such authorization may also be provided •^ by the Secretary to a group of motor carriers that meet specific conditions that may be established by regulation by the Secretary and that are subject to audit by Federal and State enforcement officers. (5) A provision to allow a waiver, on a case-by-case basis, of certain requirements of section 395.8(k) of title 49, Code of Federal Regulations (or successor regulations thereto), when sufficient supporting documentation is provided directly and at a satisfactory frequency to enforcement personnel by an intelligent vehicle-highway system, as defined by section 6059 of the Intelligent Vehicle-Highway Systems Act of 1991 (23 U.S.C. 307 note). Such waiver may also be allowed for a group of motor carriers that meet specific conditions that may be established by regulation by the Secretary. (c) SUPPORTING DOCUMENT DEFINED.— For purposes of this section, a supporting document is any document that is generated or received by a motor carrier or commercial motor vehicle driver in the normal course of business that could be used, as produced or with additional identifying information, to verify the accuracy of a driver's record of duty status. SEC. 114. SAFETY PERFORMANCE HISTORY OF NEW DRIVERS. (a) AMENDMENT OF REGULATIONS.—Within 18 months after the date of enactment of this Act, the Secretary of Transportation shall amend section 391.23 of title 49, Code of Federal Regulations (or successor regulations thereto), to— (1) specify the safety information that must be sought under that section by a motor carrier with respect to a driver; (2) require that such information be requested from former employers and that former employers furnish the requested information within 30 days after receiving the request; and (3) ensure that the driver to whom such information applies has a reasonable opportunity to review and comment on the information, (b) SAFETY INFORMATION.— The safety information required to be specified under subsection (a)(1) shall include information on— (1) any motor vehicle accidents in which the driver was involved during the preceding 3 years; (2) any failure of the driver, during the preceding 3 years, to undertake or complete a rehabilitation program under section 31302 of title 49, United States Code (relating to limitation on the number of driver's licenses), after being found to 79-194 O—95—31: QL 3 Part 2

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