§31100. Purpose

The purpose of this subchapter is to ensure that the Secretary, States, and other political jurisdictions work in partnership to establish programs to improve motor carrier, commercial motor vehicle, and driver safety to support a safe and efficient transportation system by-

(1) focusing resources on strategic safety investments to promote safe for-hire and private transportation, including transportation of passengers and hazardous materials, to identify high-risk carriers and drivers, and to invest in activities likely to generate maximum reductions in the number and severity of commercial motor vehicle crashes;

(2) increasing administrative flexibility and developing and enforcing effective, compatible, and cost-beneficial motor carrier, commercial motor vehicle, and driver safety regulations and practices, including improving enforcement of State and local traffic safety laws and regulations;

(3) assessing and improving statewide program performance by setting program outcome goals, improving problem identification and countermeasures planning, designing appropriate performance standards, measures, and benchmarks, improving performance information and analysis systems, and monitoring program effectiveness;

(4) ensuring that drivers of commercial motor vehicles and enforcement personnel obtain adequate training in safe operational practices and regulatory requirements; and

(5) advancing promising technologies and encouraging adoption of safe operational practices.

(Added Pub. L. 105–178, title IV, §4002(a), June 9, 1998, 112 Stat. 395 .)

Motor Carrier Safety Strategy

Pub. L. 106–159, title I, §104, Dec. 9, 1999, 113 Stat. 1754 , provided that:

"(a) Safety Goals.-In conjunction with existing federally required strategic planning efforts, the Secretary shall develop a long-term strategy for improving commercial motor vehicle, operator, and carrier safety. The strategy shall include an annual plan and schedule for achieving, at a minimum, the following goals:

"(1) Reducing the number and rates of crashes, injuries, and fatalities involving commercial motor vehicles.

"(2) Improving the consistency and effectiveness of commercial motor vehicle, operator, and carrier enforcement and compliance programs.

"(3) Identifying and targeting enforcement efforts at high-risk commercial motor vehicles, operators, and carriers.

"(4) Improving research efforts to enhance and promote commercial motor vehicle, operator, and carrier safety and performance.

"(b) Contents of Strategy.-

"(1) Measurable goals.-The strategy and annual plans under subsection (a) shall include, at a minimum, specific numeric or measurable goals designed to achieve the strategic goals of subsection (a). The purposes of the numeric or measurable goals are as follows:

"(A) To increase the number of inspections and compliance reviews to ensure that all high-risk commercial motor vehicles, operators, and carriers are examined.

"(B) To eliminate, with meaningful safety measures, the backlog of rulemakings.

"(C) To improve the quality and effectiveness of data bases by ensuring that all States and inspectors accurately and promptly report complete safety information.

"(D) To eliminate, with meaningful civil and criminal penalties for violations, the backlog of enforcement cases.

"(E) To provide for a sufficient number of Federal and State safety inspectors, and provide adequate facilities and equipment, at international border areas.

"(2) Resource needs.-In addition, the strategy and annual plans shall include estimates of the funds and staff resources needed to accomplish each activity. Such estimates shall also include the staff skills and training needed for timely and effective accomplishment of each goal.

"(3) Savings clause.-In developing and assessing progress toward meeting the measurable goals set forth in this subsection, the Secretary and the Federal Motor Carrier Safety Administrator shall not take any action that would impinge on the due process rights of motor carriers and drivers.

"(c) Submission With the President's Budget.-Beginning with fiscal year 2001 and each fiscal year thereafter, the Secretary shall submit to Congress the strategy and annual plan at the same time as the President's budget submission.

"(d) Annual Performance.-

"(1) Annual performance agreement.-For each of fiscal years 2001 through 2003, the following officials shall enter into annual performance agreements:

"(A) The Secretary and the Federal Motor Carrier Safety Administrator.

"(B) The Administrator and the Deputy Federal Motor Carrier Safety Administrator.

"(C) The Administrator and the Chief Safety Officer of the Federal Motor Carrier Safety Administration.

"(D) The Administrator and the regulatory ombudsman of the Administration designated by the Administrator under subsection (f).

"(2) Goals.-Each annual performance agreement entered into under paragraph (1) shall include the appropriate numeric or measurable goals of subsection (b).

"(3) Progress assessment.-Consistent with the current performance appraisal system of the Department of Transportation, the Secretary shall assess the progress of each official (other than the Secretary) referred to in paragraph (1) toward achieving the goals in his or her performance agreement. The Secretary shall convey the assessment to such official, including identification of any deficiencies that should be remediated before the next progress assessment.

"(4) Administration.-In deciding whether or not to award a bonus or other achievement award to an official of the Administration who is a party to a performance agreement required by this subsection, the Secretary shall give substantial weight to whether the official has made satisfactory progress toward meeting the goals of his or her performance agreement.

"(e) Achievement of Goals.-

"(1) Progress assessment.-No less frequently than semiannually, the Secretary and the Administrator shall assess the progress of the Administration toward achieving the strategic goals of subsection (a). The Secretary and the Administrator shall convey their assessment to the employees of the Administration and shall identify any deficiencies that should be remediated before the next progress assessment.

"(2) Report to congress.-The Secretary shall report annually to Congress the contents of each performance agreement entered into under subsection (d) and the official's performance relative to the goals of the performance agreement. In addition, the Secretary shall report to Congress on the performance of the Administration relative to the goals of the motor carrier safety strategy and annual plan under subsection (a).

"(f) Expediting Regulatory Proceedings.-The Administrator shall designate a regulatory ombudsman to expedite rulemaking proceedings. The Secretary and the Administrator shall each delegate to the ombudsman such authority as may be necessary for the ombudsman to expedite rulemaking proceedings of the Administration to comply with statutory and internal departmental deadlines, including authority to-

"(1) make decisions to resolve disagreements between officials in the Administration who are participating in a rulemaking process; and

"(2) ensure that sufficient staff are assigned to rulemaking projects to meet all deadlines."

Commercial Motor Vehicle Safety Advisory Committee

Pub. L. 106–159, title I, §105, Dec. 9, 1999, 113 Stat. 1756 , provided that:

"(a) Establishment.-The Secretary may establish a commercial motor vehicle safety advisory committee to provide advice and recommendations on a range of motor carrier safety issues.

"(b) Composition.-The members of the advisory committee shall be appointed by the Secretary and shall include representatives of the motor carrier industry, drivers, safety advocates, manufacturers, safety enforcement officials, law enforcement agencies of border States, and other individuals affected by rulemakings under consideration by the Department of Transportation. Representatives of a single interest group may not constitute a majority of the members of the advisory committee.

"(c) Function.-The advisory committee shall provide advice to the Secretary on commercial motor vehicle safety regulations and other matters relating to activities and functions of the Federal Motor Carrier Safety Administration.

"(d) Termination Date.-The advisory committee shall remain in effect until September 30, 2003."

Study of Commercial Motor Vehicle Crash Causation

Pub. L. 106–159, title II, §224, Dec. 9, 1999, 113 Stat. 1770 , provided that:

"(a) Objectives.-The Secretary shall conduct a comprehensive study to determine the causes of, and contributing factors to, crashes that involve commercial motor vehicles. The study shall also identify data requirements and collection procedures, reports, and other measures that will improve the Department of Transportation's and States' ability to-

"(1) evaluate future crashes involving commercial motor vehicles;

"(2) monitor crash trends and identify causes and contributing factors; and

"(3) develop effective safety improvement policies and programs.

"(b) Design.-The study shall be designed to yield information that will help the Department and the States identify activities and other measures likely to lead to significant reductions in the frequency, severity, and rate per mile traveled of crashes involving commercial motor vehicles, including vehicles described in section 31132(1)(B) of title 49, United States Code. As practicable, the study shall rank such activities and measures by the reductions each would likely achieve, if implemented.

"(c) Consultation.-In designing and conducting the study, the Secretary shall consult with persons with expertise on-

"(1) crash causation and prevention;

"(2) commercial motor vehicles, drivers, and carriers, including passenger carriers;

"(3) highways and noncommercial motor vehicles and drivers;

"(4) Federal and State highway and motor carrier safety programs;

"(5) research methods and statistical analysis; and

"(6) other relevant topics.

"(d) Public Comment.-The Secretary shall make available for public comment information about the objectives, methodology, implementation, findings, and other aspects of the study.

"(e) Reports.-

"(1) In general.-The Secretary shall promptly transmit to Congress the results of the study, together with any legislative recommendations.

"(2) Review and update.-The Secretary shall review the study at least once every 5 years and update the study and report as necessary.

"(f) Funding.-Of the amounts made available for each of fiscal years 2001, 2002, and 2003 under section 4003(i) of the Transportation Equity Act for the 21st Century [ Pub. L. 105–178, 49 U.S.C. 31104 note] (112 Stat. 395–398 ), as added by section 103(b)(1) of this Act, $5,000,000 per fiscal year shall be available only to carry out this section."

Data Collection and Analysis

Pub. L. 106–159, title II, §225, Dec. 9, 1999, 113 Stat. 1771 , provided that:

"(a) In General.-In cooperation with the States, the Secretary shall carry out a program to improve the collection and analysis of data on crashes, including crash causation, involving commercial motor vehicles.

"(b) Program Administration.-The Secretary shall administer the program through the National Highway Traffic Safety Administration in cooperation with the Federal Motor Carrier Safety Administration. The National Highway Traffic Safety Administration shall-

"(1) enter into agreements with the States to collect data and report the data by electronic means to a central data repository; and

"(2) train State employees and motor carrier safety enforcement officials to assure the quality and uniformity of the data.

"(c) Use of Data.-The National Highway Traffic Safety Administration shall-

"(1) integrate the data, including driver citation and conviction information; and

"(2) make the data base available electronically to the Federal Motor Carrier Safety Administration, the States, motor carriers, and other interested parties for problem identification, program evaluation, planning, and other safety-related activities.

"(d) Report.-Not later than 3 years after the date on which the improved data program begins, the Secretary shall transmit a report to Congress on the program, together with any recommendations the Secretary finds appropriate.

"(e) Funding.-Of the amounts deducted under section 104(a)(1)(B) of title 23, United States Code, for each of fiscal years 2001, 2002, and 2003 $5,000,000 per fiscal year shall be available only to carry out this section.

"(f) Additional Funding for Information Systems.-

"(1) In general.-Of the amounts made available for each of fiscal years 2001, 2002, and 2003 under section 4003(i) of the Transportation Equity Act for the 21st Century [ Pub. L. 105–178, 49 U.S.C. 31104 note] (112 Stat. 395–398 ), as added by section 103(b)(1) of this Act, $5,000,000 per fiscal year shall be available only to carry out section 31106 of title 49, United States Code.

"(2) Amounts as additional.-The amounts made available by paragraph (1) shall be in addition to amounts made available under section 31107 of title 49, United States Code."