49 U.S.C. § 31148 — Certified motor carrier safety auditors

FEDERAL · 49 U.S.C. · Chapter 311

Certified motor carrier safety auditors

Current through Pub. L. 119-102

Title 49 — Transportation·Ch. 311 — COMMERCIAL MOTOR VEHICLE SAFETY·Subch. III

(a)In General.—Not later than 1 year after the date of the enactment of this section, the Secretary of Transportation shall complete a rulemaking to improve training and provide for the certification of motor carrier safety auditors, including private contractors, to conduct safety inspection audits and reviews described in subsection (b).

(b)Certified Inspection Audit Requirement.—Not later than 1 year after completion of the rulemaking required by subsection (a), any safety inspection audit or review required by, or based on the authority of, this chapter or chapter 5, 313, or 315 of this title and performed after December 31, 2002, shall be conducted by—

(1)a motor carrier safety auditor certified under subsection (a); or

(2)a Federal or State employee who, on the date of the enactm

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(a) In General.—Not later than 1 year after the date of the enactment of this section, the Secretary of Transportation shall complete a rulemaking to improve training and provide for the certification of motor carrier safety auditors, including private contractors, to conduct safety inspection audits and reviews described in subsection (b).
(b) Certified Inspection Audit Requirement.—Not later than 1 year after completion of the rulemaking required by subsection (a), any safety inspection audit or review required by, or based on the authority of, this chapter or chapter 5, 313, or 315 of this title and performed after December 31, 2002, shall be conducted by—
(1) a motor carrier safety auditor certified under subsection (a); or
(2) a Federal or State employee who, on the date of the enactment of this section, was qualified to perform such an audit or review.
(c) Extension.—If the Secretary determines that subsection (b) cannot be implemented within the 1-year period established by that subsection and notifies the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives of the determination and the reasons therefor, the Secretary may extend the deadline for compliance with subsection (b) by not more than 12 months.
(d) Application With Other Authority.—The Secretary may not delegate the Secretary's authority to private contractors to issue ratings or operating authority, and nothing in this section authorizes any private contractor to issue ratings or operating authority.
(e) Oversight Responsibility.—The Secretary shall have authority over any motor carrier safety auditor certified under subsection (a), including the authority to decertify a motor carrier safety auditor.

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Public Citizen Brotherhood of Teamsters, Auto and Truck Drivers, Local 70 California Labor Federation California Trucking Association Environmental Law Foundation International Brotherhood of Teamsters, Natural Resources Defense Council Planning and Conservation League, Petitioners-Intervenors v. Department of Transportation Federal Motor Carrier Safety Administration Nicholas R. Walsh, International Brotherhood of Teamsters Brotherhood of Teamsters, Auto and Truck Drivers, Local 70 California Labor Federation California Trucking Association Environmental Law Foundation Public Citizen, Natural Resources Defense Council Planning and Conservation League, Petitioners-Intervenors v. U.S. Department of Transportation Federal Motor Carrier Safety Administration Joseph M. Clapp Nicholas R. Walsh

316 F.3d 1002 (Ninth Circuit, 2003)

Source Credit

History

(Added Pub. L. 106–159, title II, §211(a), Dec. 9, 1999, 113 Stat. 1765.)

Editorial Notes

Editorial Notes

References in Text
The date of the enactment of this section, referred to in subsecs. (a) and (b)(2), is the date of enactment of Pub. L. 106–159, which was approved Dec. 9, 1999.

Statutory Notes and Related Subsidiaries

Inspector Standards
Pub. L. 114–94, div. A, title V, §5205, Dec. 4, 2015, 129 Stat. 1537, provided that: "Not later than 90 days after the date of enactment of this Act [Dec. 4, 2015], the Administrator of the Federal Motor Carrier Safety Administration shall revise the regulations under part 385 of title 49, Code of Federal Regulations, as necessary, to incorporate by reference the certification standards for roadside inspectors issued by the Commercial Vehicle Safety Alliance."