Page:United States Statutes at Large Volume 119.djvu/1735

 PUBLIC LAW 109–59—AUG. 10, 2005

119 STAT. 1717

or 13906 or an order or regulation of the Secretary prescribed under those sections; and ‘‘(B) shall revoke the registration of a motor carrier that has been prohibited from operating in interstate commerce for failure to comply with the safety fitness requirements of section 31144.’’; (2) in paragraph (2) by striking ‘‘may suspend a registration’’ and inserting ‘‘shall revoke the registration’’; and (3) by striking paragraph (3) and inserting the following: ‘‘(3) NOTICE; PERIOD OF SUSPENSION.—The Secretary may suspend or revoke under this subsection the registration only after giving notice of the suspension or revocation to the registrant. A suspension remains in effect until the registrant complies with the applicable sections or, in the case of a suspension under paragraph (2), until the Secretary revokes the suspension.’’. SEC. 4105. STATE LAWS RELATING TO VEHICLE TOWING.

(a) STATE LAWS RELATING TO VEHICLE TOWING.—Section 14501(c) of title 49, United States Code, is amended by adding at the end the following: ‘‘(5) LIMITATION ON STATUTORY CONSTRUCTION.—Nothing in this section shall be construed to prevent a State from requiring that, in the case of a motor vehicle to be towed from private property without the consent of the owner or operator of the vehicle, the person towing the vehicle have prior written authorization from the property owner or lessee (or an employee or agent thereof) or that such owner or lessee (or an employee or agent thereof) be present at the time the vehicle is towed from the property, or both.’’. (b) PREDATORY TOW TRUCK OPERATIONS.— (1) STUDY.—The Secretary shall conduct a study— (A) to identify issues related to the protection of the rights of individuals whose motor vehicles are towed; (B) to establish the scope and geographic reach of any issues so identified, and (C) to identify potential remedies for those issues. (2) REPORT.—Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the results of the study. SEC. 4106. MOTOR CARRIER SAFETY GRANTS.

(a) STATE PLAN CONTENTS.—Section 31102(b)(1) of title 49, United States Code, is amended— (1) by striking subparagraph (A) and inserting the following: ‘‘(A) implements performance-based activities, including deployment of technology to enhance the efficiency and effectiveness of commercial motor vehicle safety programs;’’; (2) by striking subparagraph (E) and inserting the following: ‘‘(E) provides that the total expenditure of amounts of the State and its political subdivisions (not including amounts of the Government) for commercial motor vehicle safety programs for enforcement of commercial motor vehicle size and weight limitations, drug interdiction, and State traffic safety

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