Page:United States Statutes at Large Volume 104 Part 2.djvu/240

This page needs to be proofread.

104 STAT. 1220 PUBLIC LAW 101-500—NOV. 3, 1990 form that, based on the knowledge of the carrier, the repairs necessary to correct such violation have been made; and (iv) appropriate State penalties shall be assessed for false statements on such forms or for failure to return such forms to the appropriate State entity; and (C) a system for ensuring that appropriate State penalties are assessed for failure to correct any such safety violation. (e) SERIOUS SAFETY VIOLATIONS. — (1) FINDINGS. —Congress finds that— ' (A) the present system for ensuring compliance with Federal motor carrier safety laws and regulations needs improvement; (B) relying primarily upon voluntary compliance methods has not resulted in an acceptable level of commercial motor vehicle safety; and (C) improvements in the existing enforcement authorities are required to bring about greater safety. (2) OPERATIONAL PROCEDURES. —In light of the findings in paragraph (1), section 521(b)(1) of title 49, United States Code, is amended— (A) by redesignating the existing text as subparagraph (A); and (B) by adding at the end the following new subparagraph: Records. "(B) The Secretary shall, not later than 60 days after the date of enactment of this subparagraph, establish operational procedures to require a highway safety specialist or other appropriate representative of the Secretary to initiate, at the time of a safety review, compliance review, or other inspection or audit activity, or within a reasonable time thereafter, an enforcement action whenever any of the offenses referred to in paragraph (2)(A) and (B) can be documented, except recordkeeping violations not specified by the Secretary as serious. The procedures shall— "(i) specify those serious recordkeeping violations for which an enforcement action shall be initiated, including instances in which the falsification of records of duty status or drivers' medical certificates is required or permitted, and such other recordkeeping violations as the Secretary determines to be serious; and "(ii) authorize, but not require, initiation of an enforcement action for recordkeeping violations not specified by the Secretary as serious.". (f) TRUCK VISIBILITY. — (1) INITIATION OF RULEMAKING PROCEEDING. — Not later than 90 days after the date of enactment of this Act, the Secretary shall initiate a rulemaking proceeding on the need to adopt methods for making trucks or any category of trucks more visible to motorists so as to reduce accidents, particularly at night, taking into consideration such factors as truck illumination and truck color. (2) COMPLETION OF PROCEEDING.— The proceeding under this subsection shall be completed not later than 2 years after the date of enactment of this Act or, if the Secretary determines that it is not feasible to complete the proceeding within such 2- year period, such proceeding may be extended by the Secretary for up to 1 additional year. (g) DEFINITIONS.— As used in this section—