Page:United States Statutes at Large Volume 119.djvu/1743

 PUBLIC LAW 109–59—AUG. 10, 2005

119 STAT. 1725

vehicle safety prescribed under this subchapter, while serving as an officer of any motor carrier, the Secretary may suspend, amend, or revoke any part of the motor carrier’s registration under section 13905. ‘‘(c) REGULATIONS.—Not later than 1 year after the date of enactment of this subsection, the Secretary shall by regulation establish standards to implement subsection (b). ‘‘(d) DEFINITIONS.—In this section, the following definitions apply: ‘‘(1) MOTOR CARRIER.—The term ‘motor carrier’ has the meaning such term has under section 13102. ‘‘(2) OFFICER.—The term ‘officer’ means an owner, director, chief executive officer, chief operating officer, chief financial officer, safety director, vehicle maintenance supervisor, and driver supervisor of a motor carrier, regardless of the title attached to those functions, and any person, however designated, exercising controlling influence over the operations of a motor carrier.’’. (b) CROSS REFERENCE.—Section 13902(a)(1)(B) of such title is amended to read as follows: ‘‘(B)(i) any safety regulations imposed by the Secretary; ‘‘(ii) the duties of employers and employees established by the Secretary under section 31135; and ‘‘(iii) the safety fitness requirements established by the Secretary under section 31144; and’’.

Deadline.

SEC. 4114. INTRASTATE OPERATIONS OF INTERSTATE MOTOR CARRIERS.

(a) IN GENERAL.—Section 31144(a) of title 49, United States Code, is amended to read as follows: ‘‘(a) IN GENERAL.—The Secretary shall— ‘‘(1) determine whether an owner or operator is fit to operate safely commercial motor vehicles, utilizing among other things the accident record of an owner or operator operating in interstate commerce and the accident record and safety inspection record of such owner or operator— ‘‘(A) in operations that affect interstate commerce within the United States; and ‘‘(B) in operations in Canada and Mexico if the owner or operator also conducts operations within the United States; ‘‘(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) PROHIBITED TRANSPORTATION.—The first subsection (c) of section 31144 of such title is amended by adding at the end the following: ‘‘(5) TRANSPORTATION AFFECTING INTERSTATE COMMERCE.— Owners or operators of commercial motor vehicles prohibited from operating in interstate commerce pursuant to paragraphs (1) through (3) of this section may not operate any commercial motor vehicle that affects interstate commerce until the Secretary determines that such owner or operator is fit.’’. (c) DETERMINATION OF UNFITNESS BY STATE.—Section 31144 of such title is amended—

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