Page:United States Statutes at Large Volume 104 Part 2.djvu/239

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PUBLIC LAW 101-500 —NOV. 3, 1990 104 STAT. 1219 Secretary shall conduct such review within 30 days after the date of such request. "(c) PROHIBITION ON FEDERAL AGENCY USE.—N O Federal agency may use a motor carrier who has an unsatisfactory safety rating from the Secretary— "(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.". (2) PUBLIC AVAILABILITY OF SAFETY RATINGS.— Not later than 1 Regulations. year after the date of enactment of this Act, the Secretary, in consultation with the Interstate Commerce Commission, shall issue a final rule amending the Federal motor carrier safety regulations contained in subchapter B of chapter III of title 49, Code of Federal Regulations, to establish a system to make readily available to the public, and to periodically update, the safety ratings of motor carriers which have been assigned unsatisfactory safety ratings by the Secretary. (c) IMMINENT HAZARDS TO SAFETY.— Not later than January 1 of Reports. 1992 and 1993, the Secretary shall submit to Congress a report describing the actions taken under section 521(b)(5) of title 49, United States Code, with respect to any violation, or combination of violations, that poses an imminent hazard to safety. (d) PROCEDURES TO ENSURE TIMELY CORRECTION OF SAFETY VIOLA- TIONS. — (1) ISSUANCE OF FINAL RULE.— The Secretary shall, within 9 months after the date of enactment of this Act, issue a final rule establishing procedures to ensure the proper and timely correction of commercial motor vehicle safety violations noted during inspections funded with moneys authorized under section 404 of the Surface Transportation Assistance Act of 1982 (49 U.S.C. App. 2304) to carry out the motor carrier safety assistance program. (2) VERIFICATION PROGRAM,— Such final rule shall establish a verification program for Federal inspectors and States which are participating in the motor carrier safety gissistance program to ensure that commercial motor vehicles and operators thereof found in violation of safety requirements have subsequently been brought into compliance with such safety requirements. The final rule shall, among other things, institute— (A) a nationwide system for random reinspection of the commercial motor vehicles and operators thereof that have been declared out-of-service as a result of such safety violations, the main purpose of which system shall be to verify that the violations have been corrected on a timely basis; (B) a program of accountability for correcting all safety violations, which shall provide that— (i) the operator of a commercial motor vehicle for which a safety violation has been noted shall be issued a form prescribed by the Secretary; (ii) the making of the repairs necessary to correct such violation and the date, location, and time of such repairs shall be certified on such form by the person making such repairs; (iii) the motor carrier responsible for such commercial motor vehicle or operator shall certify on such