Page:United States Statutes at Large Volume 98 Part 3.djvu/472

 98 STAT. 2844

18 USC app.

Ante, p. 2833.

Study. 49 USC 521 note.

Report.

PUBLIC LAW 98-554—OCT. 30, 1984

"(10) In any action brought under this section, process may be served without regard to the territorial limits of the district of the State in which the action is brought. "(11) In any proceeding for criminal contempt for violation of an injunction or restraining order issued under this section, trial shall be by the court, or, upon demand of the accused, by a jury, conducted in accordance with the provisions of rule 42(b) of the Federal Rules of Criminal Procedure. "(12) The provisions of this subsection shall not affect any provision of the Hazardous Materials Transportation Act (49 U.S.C. App. 1801-1812) or any regulation promulgated by the Secretary under such Act. "(13) As used in this subsection, the terms 'commercial motor vehicle', 'employee', 'employer', and 'State' have the meaning such terms have under section 4 of the Motor Carrier Safety Act of 1984.". (c) Section 526 of title 49, United States Code, is amended— (1) by inserting after "chapter" the first place it appears the following: ", section 3102 of this title, or the Motor Carrier Safety Act of 1984"; and (2) by inserting after "chapter" the second and third places it appears the following: "or such section or Act". (d) The Secretary shall conduct a study of the effectiveness of the civil and criminal penalties established by the amendments made by this section in deterring violations of the commercial motor vehicle safety regulations issued under this title and in effectively prosecuting such violations when they occur. Such study shall examine the effectiveness of penalties in effect before the date of enactment of this Act in comparison to the penalties established by the amendments made by by this title. Such study shall also investigate the need for, and make recommendations concerning, increased fine levels for civil and criminal penalties, and the need for additional categories of civil and criminal penalties to deter further, and prosecute effectively, violations of such commercial motor vehicle safety regulations. 'The Secretary shall submit to Congress a report on the findings of this study, together with legislative recommendations, not later than 2 years after the date of enactment of this Act. UTIGATION AUTHORITY

49 USC app. 2313.

SEC. 214. Section 413 of Surface Transportation Assistance Act of 1982 (49 U.S.C. 2313) is amended by striking "The Secretary, or, on" and inserting in lieu thereof "On". CERTIFICATION OF SAFETY FITNESS

Regulations. 49 USC app. 2512.

SEC. 215. (a) The Secretary, in cooperation with the Interstate Commerce Commission, shall by rule, after notice and opportunity for comment, establish a procedure to determine the safety fitness of owners and operators of commercial motor vehicles, including persons seeking new or additional operating authority as motor carriers under sections 10922 and 10923 of title 49, United States Code. Such procedure shall include— (1) specific initial and continuing requirements to be met by such persons to prove safety fitness; (2) a means of determining whether such persons meet the safety fitness requirements specified under paragraph (1); and

�