Page:United States Statutes at Large Volume 112 Part 1.djvu/437

 PUBLIC LAW 105-178^JUNE 9, 1998 112 STAT. 411 penalizes, or imposes liability for furnishing or using safety performance records in accordance with regulations issued by the Secretary to carry out this section. Notwithstanding any provision of law, written authorization shall not be required to obtain information on the motor vehicle driving record of an individual under consideration for employment with a motor carrier.". (2) CONFORMING AMENDMENT. — The analysis for chapter 5 is amended by inserting after the item relating to section 507 the following: "508. Safety performance history of new drivers; limitation on liability.". (b) EFFECTIVE DATE.— The amendments made by subsection 49 USC 508 note, (a) shall take effect on January 31, 1999. (c) SAFETY PERFORMANCE HISTORY OF NEW DRIVERS. — (1) MATTERS TO BE INCLUDED.— As part of the rulemaking that the Secretary is conducting under section 114 of the Hazardous Materials Transportation Authorization Act of 1994 (108 Stat. 1677-1678) to amend section 391.23 of title 49, Code of Federal Regulations (or successor regulations thereto), the Secretary shall amend such section 391.23 (in addition to the matters set forth in such section 114) to provide protection for driver privacy and to establish procedures for review, correction, and rebuttal of the safety performance records of a commercial motor vehicle driver. (2) COMPLETION.— The rulemaking and the amendments referred to in paragraph (1) shall be completed by January 31, 1999. SEC. 4015. PENALTIES. (a) NOTIFICATION OF VIOLATIONS AND ENFORCEMENT PROCE- DURES.— Section 521(b)(1) is amended— (1) in the third sentence of subparagraph (A) by striking "fix a reasonable time for abatement of the violation,"; and (2) by striking subparagraph (B) and inserting the following: "(B) NONAPPLICABILITY TO REPORTING AND RECORD- KEEPING VIOLATIONS.^—Subparagraph (A) shall not apply to reporting and recordkeeping violations.". (b) CIVIL PENALTIES. —Section 521(b)(2) is amended— (1) by striking subparagraph (A) and inserting the following: "(A) IN GENERAL. —Except as otherwise provided in this subsection, any person who is determined by the Secretary, after notice and opportunity for a hearing, to have committed an act that is a violation of regulations issued by the Secretary under subchapter HI of chapter 311 (except sections 31138 and 31139) or section 31502 of this title shall be liable to the United States for a civil penalty in an amount not to exceed $10,000 for each offense. Notwithstanding any other provision of this section (except subparagraph (C)), no civil penalty shall be assessed under this section against an employee for a violation in an amount exceeding $2,500."; (2) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; and (3) by inserting after subparagraph (A) the following: "(B) RECORDKEEPING AND REPORTING VIOLATIONS. — A person required to make a report to the Secretary, answer

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