Page:United States Statutes at Large Volume 119.djvu/1747

 PUBLIC LAW 109–59—AUG. 10, 2005

119 STAT. 1729

‘‘(2) Inspection reports that contain no driver-related safety violations. ‘‘(3) Serious driver-related safety violation inspection reports. ‘‘(b) CONDITIONS ON PROVIDING ACCESS.—Before providing a person access to the Motor Carrier Management Information System under subsection (a), the Secretary shall— ‘‘(1) ensure that any information that is released to such person will be in accordance with the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) and all other applicable Federal law; ‘‘(2) ensure that such person will not conduct a screening without the operator-applicant’s written consent; ‘‘(3) ensure that any information that is released to such person will not be released to any person or entity, other than the motor carrier requesting the screening services or the operator-applicant, unless expressly authorized or required by law; and ‘‘(4) provide a procedure for the operator-applicant to correct inaccurate information in the System in a timely manner. ‘‘(c) DESIGN.—The process for providing access to the Motor Carrier Management Information System under subsection (a) shall be designed to assist the motor carrier industry in assessing an individual operator’s crash and serious safety violation inspection history as a preemployment condition. Use of the process shall not be mandatory and may only be used during the preemployment assessment of an operator-applicant. ‘‘(d) SERIOUS DRIVER-RELATED SAFETY VIOLATION DEFINED.— In this section, the term ‘serious driver-related violation’ means a violation by an operator of a commercial motor vehicle that the Secretary determines will result in the operator being prohibited from continuing to operate a commercial motor vehicle until the violation is corrected.’’. (b) CLERICAL AMENDMENT.—The analysis for such subchapter (as amended by section 4116 of this Act) is amended by adding at the end the following: ‘‘31150. Safety performance history screening.’’. SEC. 4118. ROADABILITY.

(a) IN GENERAL.—Subchapter III of chapter 311 of title 49, United States Code (as amended by sections 4116 and 4117 of this Act) is amended by adding at the end the following: ‘‘§ 31151. Roadability ‘‘(a) INSPECTION, REPAIR, AND MAINTENANCE OF INTERMODAL EQUIPMENT.— ‘‘(1) IN GENERAL.—Not later than 1 year after the date of enactment of this section, the Secretary of Transportation, after providing notice and opportunity for comment, shall issue regulations establishing a program to ensure that intermodal equipment used to transport intermodal containers is safe and systematically maintained. ‘‘(2) INTERMODAL EQUIPMENT SAFETY REGULATIONS.—The Secretary shall issue the regulations under this section as a subpart of the Federal motor carrier safety regulations. ‘‘(3) CONTENTS.—The regulations issued under this section shall include, at a minimum—

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