Page:United States Statutes at Large Volume 112 Part 1.djvu/431

 PUBLIC LAW 105-178—JUNE 9, 1998 112 STAT. 405 regulation prescribed by the Secretary under section 31136 of this title, the State law or regulation may not be enforced. "(4) ADDITIONAL OR MORE STRINGENT REGULATIONS. — If the Secretary decides a State law or regulation is additional to or more stringent than a regulation prescribed by the Secretary under section 31136 of this title, the State law or regulation may be enforced unless the Secretary also decides that— "(A) the State law or regulation has no safety benefit; "(B) the State law or regulation is incompatible with the regulation prescribed by the Secretary; or "(C) enforcement of the State law or regulation would cause an unreasonable burden on interstate commerce. "(5) CONSIDERATION OF EFFECT ON INTERSTATE COM- MERCE.— In deciding under paragraph (4) whether a State law or regulation will cause an unreasonable burden on interstate commerce, the Secretary may consider the effect on interstate commerce of implementation of that law or regulation with the implementation of all similar laws and regulations of other States."; (2) by striking subsection (e); and (3) by redesignating subsections (f), (g), and (h) as subsections (e), (f), and (g), respectively. (f) INSPECTION OF SAFETY EQUIPMENT.— Section 31142(a) is amended by striking "part 393 of title 49, Code of Federal Regulations" and inserting "the regulations issued under section 31136". (g) PROTECTION OF STATES PARTICIPATING IN STATE GROUPS. — Section 31142(c)(1)(C) is amended to read as follows: "(C) prevent a State from participating in the activities of a voluntary group of States enforcing a program for inspection of commercial motor vehicles; or". SEC. 4009. SAFETY FITNESS. (a) IN GENERAL.—Section 31144 is amended to read as follows: ^§ 31144. Safety Htness of owners and operators "(a) IN GENERAL.— The Secretary shall— "(1) determine whether an owner or operator is fit to operate safely commercial motor vehicles; "(2) periodically update such safety fitness determinations; "(3) make such final safety fitness determinations readily available to the public; and "(4) prescribe by regulation penalties for violations of this section consistent with section 521. "(b) PROCEDURE. —The Secretary shall maintain by regulation a procedure for determining the safety fitness of an owner or operator. The procedure shall include, at a minimum, the following elements: "(1) Specific initial and continuing requirements with which an owner or operator must comply to demonstrate safety fitness. "(2) A methodology the Secretary will use to determine whether an owner or operator is fit. "(3) Specific time frames within which the Secretary will determine whether an owner or operator is fit. "(c) PROHIBITED TRANSPORTATION.— "(1) IN GENERAL. — Except as provided in sections / 521(b)(5)(A) and 5113 and this subsection, an owner or operator who the Secretary determines is not fit may not operate Regulations. Regulations.

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