Page:United States Statutes at Large Volume 96 Part 2.djvu/792

 96 STAT. 2154

PUBLIC LAW 97-424—JAN. 6, 1983

final regulations, establishing (1) minimum criteria for the provision of transportation services to handicapped and elderly individuals by recipients of Federal financial assistance under this Act or under any provision of law referred to in section 165(b) of the Federal-Aid 23 USC 142 note. Highway Act of 1973, and (2) procedures for the Secretary to monitor recipients' compliance with such criteria. Such regulations shall include provisions for ensuring that organizations and groups representing such individuals are given adequate notice of and opportunity to comment on the proposed activities of recipients for the purpose of achieving compliance with such regulations.". REPEAL OF SAFETY AUTHORITY

Repeal. 49 USC 1604a.

SEC. 318. (a) Section 107 of the National Mass Transportation Assistance Act of 1974 (Public Law 93-503) is repealed. (b) The Urban Mass Transportation Act of 1964 is amended by adding at the end thereof the following new section: "SAFETY AUTHORITY

49 USC 1618.

"SEC. 22. The Secretary may investigate conditions in any facility, equipment, or manner of operation financed under this Act which the Secretary believes creates a serious hazard of death or injury. The investigation should determine the nature and extent of such conditions and the means which might best be employed to correct or eliminate them. If the Secretary determines that such conditions do create such a hazard, he shall require the local public body which has received funds under this Act to submit a plan for correcting or eliminating such condition. The Secretary may withhold further financial assistance under this Act from the local public body until he approves such plan and the local public body implements such plan.'^ TITLE IV PART A—COMMERCIAL MOTOR VEHICLE SAFETY DEFINITIONS

49 USC 2301.

SEC. 401. For purposes of this part, unless the context otherwise requires, the term— (1) "commercial motor vehicle" means any self-propelled or towed vehicle used on the highways in commerce principally to transport passengers or cargo— (A) if such vehicle has a gross vehicle weight rating of ten thousand or more pounds; (B) if such vehicle is designed to transport more than ten passengers, including the driver; or (C) if such vehicle is used in the transportation of materials found by the Secretary to be hazardous for the purposes of the Hazardous Materials Transportation Act, as amended (49 U.S.C. 1801 et seq.); (2) "employee" means— (A) a driver of a commercial motor vehicle (including an independent contractor while in the course of personally operating a commercial motor vehicle); (B) a mechanic; (C) a freight handler; or (D) any individual other than an employer;

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