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

submitted 27 years ago by Pub. L. 106-159 to r/title-49-TRANSPORTATION · 281 words · no verdicts yet

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The Secretary of Transportation must set up training and certification for motor carrier safety auditors, including private contractors. After that, most required safety audits must be done by a certified auditor or an already-qualified government employee. The Secretary can extend the deadline, but cannot let private contractors issue ratings or operating authority.

(a) In General — Within one year after this section became law, the Secretary of Transportation had to finish a rulemaking that improves training for motor carrier safety auditors and sets up a way to certify them — including private contractors — to do the safety inspection audits and reviews described in subsection (b). (b) Certified Inspection Audit Requirement — Starting one year after that rulemaking is finished, any required safety inspection audit or review under this chapter, or under chapter 5, 313, or 315, performed after December 31, 2002, must be done by either an auditor certified under subsection (a), or a federal or state employee who was already qualified to do the work on the date this section became law. (c) Extension — If the Secretary decides subsection (b) cannot be put in place within that one-year period, and tells the Senate Commerce Committee and the House Transportation and Infrastructure Committee why, the Secretary may push the deadline back by up to 12 more months. (d) Application With Other Authority — The Secretary cannot hand off to a private contractor the power to issue safety ratings or operating authority, and nothing in this section gives a private contractor that power. (e) Oversight Responsibility — The Secretary keeps authority over every certified motor carrier safety auditor, including the power to take away an auditor's certification.

the actual law source: uscode.house.gov ↗public domain

(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.

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

history & why it existsrecord from the source credit

1999Enacted · Pub. L. 106-159 · 113 Stat. 1765

A history note hasn’t been published yet. The record shows enactment by Pub. L. 106-159 on 1999-12-09.

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