Page:United States Statutes at Large Volume 112 Part 1.djvu/440

 112 STAT. 414 PUBLIC LAW 105-178-JUNE 9, 1998 Reports. 49 USC 31305 note. 49 USC 31306 note. 49 USC 31305 note. (3) assess the possible legal consequences of permitting insulin treated diabetes mellitus individuals to drive commercial motor vehicles in interstate commerce; (4) analyze available data on the safety performance of diabetic drivers of motor vehicles; (5) assess the relevance of intrastate driving and experiences of other modes of transportation to interstate commercial motor vehicle operations; and (6) consult with interested groups knowledgeable about diabetes and related issues. (c) REPORT TO CONGRESS.—If the Secretary determines that no protocol described in subsection (a) could likely be developed, the Secretary shall report to Congress the basis for such determination. (d) INITIATION OF RULEMAKING.—If the Secretary determines that a protocol described in subsection (a) could likely be developed, the Secretary shall report to Congress a description of the elements of such protocol and shall promptly initiate a rulemaking proceeding to implement such protocol. SEC. 4019. PERFORMANCE-BASED CDL TESTING. (a) REVIEW.—Not later than 1 year after the date of enactment of this Act, the Secretary shall complete a review of the procedures established and implemented by States under section 31305 of title 49, United States Code, to determine if the current system for testing is an accurate measure and reflection of an individual's knowledge and skills as an operator of a commercial motor vehicle and to identify methods to improve testing and licensing standards, including identifying the benefits and costs of a graduated licensing system. (b) REGULATIONS. — The Secretary may issue regulations under section 31305 of title 49, United States Code, reflecting the results of the review. SEC. 4020. POST-ACCIDENT ALCOHOL TESTING. (a) STUDY.—The Secretary shall conduct a study of the feasibility of utilizing law enforcement officers for conducting post-accident alcohol testing of commercial motor vehicle operators under section 31306 of title 49, United States Code, as a method of obtaining more timely information. The study shall also assess the impact of the current post-accident alcohol testing requirements on motor carrier employers, including any burden that employers may encounter in meeting the testing requirements of such section 31306. (b) REPORT. —Not later than 18 months after the date of enactment of this Act, the Secretary shall transmit to Congress a report on the study, together with such recommendations as the Secretary determines appropriate. SEC. 4021. DRIVER FATIGUE. (a) TECHNOLOGIES TO REDUCE FATIGUE OF COMMERCIAL MOTOR VEHICLE OPERATORS.— (1) DEVELOPMENT OF TECHNOLOGIES.—AS part of the activities of the Secretary relating to the fatigue of commercial motor vehicle operators, the Secretary shall encourage the research, development, and demonstration of technologies that may aid in reducing such fatigue.

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