§5113. Unsatisfactory safety rating
(a) Prohibited Transportation.-A motor carrier receiving an unsatisfactory safety rating from the Secretary of Transportation has 45 days to improve the rating to conditional or satisfactory. Beginning on the 46th day and until the motor carrier receives a conditional or satisfactory rating, a motor carrier not having received a conditional or satisfactory rating during the 45-day period may not operate a commercial motor vehicle (as defined in section 31132 of this title)-
(1) to transport hazardous material for which placarding of a motor vehicle is required under regulations prescribed under this chapter; or
(2) to transport more than 15 individuals.
(b) Rating Review.-The Secretary shall review the factors that resulted in a motor carrier receiving an unsatisfactory rating not later than 30 days after the motor carrier requests a review.
(c) Prohibited Government Use.-A department, agency, or instrumentality of the United States Government may not use a motor carrier that has an unsatisfactory rating from the Secretary-
(1) to transport hazardous material for which placarding of a motor vehicle is required under regulations prescribed under this chapter; or
(2) to transport more than 15 individuals.
(d) Public Availability and Updating of Ratings.-The Secretary, in consultation with the Interstate Commerce Commission, shall prescribe regulations amending the motor carrier safety regulations 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 update periodically, the safety ratings of motor carriers that have unsatisfactory ratings from the Secretary.
(
Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 771
.)
Historical and Revision Notes
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| 5113(a) |
49 App.:1814(a). |
Jan. 3, 1975,
Pub. L. 93–633,
88 Stat. 2156
, §117; added Nov. 3, 1990,
Pub. L. 101–500, §15(b)(1), 104 Stat. 1218
. |
| 5113(b) |
49 App.:1814(b). |
|
| 5113(c) |
49 App.:1814(c). |
|
| 5113(d) |
49 App.:2501 (note). |
Nov. 3, 1990,
Pub. L. 101–500, §15(b)(2), 104 Stat. 1219
. |
In subsections (a) and (c), the words "individuals" is substituted for "passengers, including the driver" for clarity and consistency.
In subsection (a), before clause (1), the words "Effective January 1, 1991" are omitted as obsolete. The words "to take such action as may be necessary " are omitted as surplus.
In subsection (b), the words "from the Secretary" and "conditions and other" are omitted as surplus.
In subsection (d), the words "Not later than 1 year after the date of enactment of this Act" are omitted as obsolete.
Section Referred to in Other Sections
This section is referred to in section 5127 of this title.