Page:United States Statutes at Large Volume 104 Part 2.djvu/238

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104 STAT. 1218 PUBLIC LAW 101-500 —NOV. 3, 1990 Indians. 49 USC app. 2811. 49 USC app. 2812. Effective dates. 49 USC app. 2801 note. Motor Carrier Safety Act of 1990. 49 USC app. 2501 note. 49 USC app. 1814. Act, or of an order issued under this Act, in the same manner and to the same extent that the Secretary is authorized to take under section 111 of the Hazardous Materials Transportation Act (49 U.S.C. App. 1810). SEC. 12. RELATIONSHIP TO OTHER LAWS. The provisions of the Hazardous Materials Transportation Act (49 U.S.C. App. 1801 et seq.) relating to the relationship of that Act to a law, regulation, order, ruling, provision, or other requirement of a State or political subdivision thereof or of an Indian tribe shall apply with respect to the relationship of this Act to a law, regulation, order, ruling, provision, or other requirement of a State or political subdivision thereof or of an Indian tribe which concerns a subject covered under this Act. SEC. 13. COORDINATION PROCEDURES. Not later than 1 year after the date of enactment of this Act, the Secretary, after consultation with appropriate State officials, shall establish procedures to promote more effective coordination between the agencies of the United States and agencies of the States with regulatory authority over motor carrier safety and railroad safety with respect to implementation and enforcement of this Act, SEC. 14. APPLICABILITY. This Act shall take effect on the date of enactment of this Act, except that sections 11 and 12 shall only apply to transportation occurring on or after the date that regulations issued under section 4(a)(1) take effect. SEC. 15. MOTOR CARRIER SAFETY. (a) SHORT TITLE.— T h is section may be cited as the "Motor Carrier Safety Act of 1990". (b) MOTOR CARRIER SAFETY RATINGS.— (1) AMENDMENT.—The Hazardous Materials Transportation Act (49 U.S.C. App. 1801 et seq.) is amended by adding at the end the following new section: "SEC. 117. UNSATISFACTORY SAFETY RATINGS. " (a) PROHIBITION ON TRANSPORTATION. —Effective January 1, 1991, if a motor carrier receives a safety rating from the Secretary which is unsatisfactory, such motor carrier shall have 45 days to take such action as may be necessary to improve such safety rating to conditional or satisfactory. After the last day of such 45-day period, if such motor carrier has not received a safety rating from the Secretary which is conditional or satisfactory, such motor carrier shall not operate a commercial motor vehicle (as defined in section 204(1) of the Motor Carrier Safety Act of 1984)— "(1) to provide transportation of hazardous materials for which placarding of motor vehicles is required in accordance with the regulations issued under this title, or "(2) to transport more than 15 passengers, including the driver, until such motor carrier has received such a safety rating from the Secretary. "(b) REVIEW OF RATING.—I f a motor carrier who has received an unsatisfactory safety rating from the Secretary requests the Secretary to review the conditions and other factors which resulted in such motor carrier receiving the unsatisfactory safety rating, the