Page:United States Statutes at Large Volume 113 Part 3.djvu/244

 113 STAT. 1762 PUBLIC LAW 106-159—DEC. 9, 1999 "(20) The State shall revoke, suspend, or cancel the commercial driver's license of an individual in accordance with regulations issued by the Secretary to carry out section 31310(g). ". SEC. 203. STATE NONCOMPLIANCE. (a) IN GENERAL. —Chapter 313 of title 49, United States Code, is amended by inserting after section 31311 the following: "§31312. Decertification authority "(a) IN GENERAL.—I f the Secretary of Transportation determines that a State is in substantial noncompliance with this chapter, the Secretary shall issue an order to— "(1) prohibit that State from carrying out licensing procedures under this chapter; and "(2) prohibit that State from issuing any commercial driver's licenses until such time the Secretary determines such State is in substantial compliance with this chapter. "(b) EFFECT ON OTHER STATES.— A State (other than a State subject to an order under subsection (a)) may issue a non-resident commercial driver's license to an individual domiciled in a State that is prohibited from such activities under subsection (a) if that individual meets all requirements of this chapter and the nonresident licensing requirements of the issuing State. "(c) PREVIOUSLY ISSUED LICENSES. —Nothing in this section shall be construed as invalidating or otherwise affecting commercial driver's licenses issued by a State before the date of issuance of an order under subsection (a) with respect to the State.". (b) CONFORMING AMENDMENT. —The chapter analysis for chapter 313 of such title is amended by inserting after the item relating to section 31311 the following: "31312. Decertification authority.". SEC. 204. CHECKS BEFORE ISSUANCE OF DRIVER'S LICENSES. Section 30304 of title 49, United States Code, is amended by adding at the end the following: "(e) DRIVER RECORD INQUIRY.— Before issuing a motor vehicle operator's license to an individual or renewing such a license, a State shall request from the Secretary information from the National Driver Register under section 30302 and the commercial driver's license information system under section 31309 on the individual's driving record.". SEC, 205. REGISTRATION ENFORCEMENT. Section 13902 of title 49, United States Code, is amended— (1) by redesignating subsection (e) as subsection (f); and (2) by inserting after subsection (d) the following: "(ie) PENALTIES FOR FAILURE TO COMPLY WITH REGISTRATION REQUIREMENTS.—In addition to other penalties available under law, motor carriers that fail to register their operations as required by this section or that operate beyond the scope of their registrations may be subject to the following penalties: "(1) OUT-OF-SERVICE ORDERS. —If, upon inspection or investigation, the Secretary determines that a motor vehicle providing transportation requiring registration under this section is operating without a registration or beyond the scope of its registration, the Secretary may order the vehicle out-of-service. Subsequent to the issuance of the out-of-service order, the

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