Section 4106 of the Safe, Accountable, Flexible, and Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU)

Public Law 109-59, 119 Stat. 1144 (August 10, 2005)

SEC. 4106. MOTOR CARRIER SAFETY GRANTS.

 

(a) State Plan Contents.--Section 31102(b)(1) of title 49, United

States Code, is amended--

(1) by striking subparagraph (A) and inserting the

following:

``(A) implements performance-based activities, including

deployment of technology to enhance the efficiency and

effectiveness of commercial motor vehicle safety programs;'';

(2) by striking subparagraph (E) and inserting the

following:

``(E) provides that the total expenditure of amounts of the

State and its political subdivisions (not including amounts of

the Government) for commercial motor vehicle safety programs for

enforcement of commercial motor vehicle size and weight

limitations, drug interdiction, and State traffic safety

 

[[Page 119 STAT. 1718]]

 

laws and regulations under subsection (c) of this section will

be maintained at a level at least equal to the average level of

that expenditure for the 3 full fiscal years beginning after

October 1 of the year 5 years prior to the beginning of each

Government fiscal year.'';

(3) by striking subparagraph (Q) and inserting the

following:

``(Q) provides that the State has established a program to

ensure that--

``(i) accurate, complete, and timely motor

carrier safety data is collected and reported to

the Secretary; and

``(ii) the State will participate in a

national motor carrier safety data correction

system prescribed by the Secretary;'';

(4) by aligning subparagraph (R) with subparagraph (S);

(5) by striking ``and'' at the end of subparagraph (S);

(6) by striking the period at the end of subparagraph (T)

and inserting a semicolon; and

(7) by adding at the end the following:

``(U) provides that the State will include in the training

manual for the licensing examination to drive a noncommercial

motor vehicle and a commercial motor vehicle, information on

best practices for driving safely in the vicinity of

noncommercial and commercial motor vehicles;

``(V) provides that the State will enforce the registration

requirements of section 13902 by prohibiting the operation of

any vehicle discovered to be operated by a motor carrier without

a registration issued under such section or to operate beyond

the scope of such registration;

``(W) provides that the State will conduct comprehensive and

highly visible traffic enforcement and commercial motor vehicle

safety inspection programs in high-risk locations and corridors;

and

``(X) except in the case of an imminent or obvious safety

hazard, ensures that an inspection of a vehicle transporting

passengers for a motor carrier of passengers is conducted at a

station, terminal, border crossing, maintenance facility,

destination, or other location where a motor carrier may make a

planned stop.''.

 

(b) Use of Grants To Enforce Other Laws.--Section 31102 of such

title is amended--

(1) by striking subsection (c) and inserting the following:

 

``(c) Use of Grants To Enforce Other Laws.--A State may use amounts

received under a grant under subsection (a)--

``(1) for the following activities if the activities are

carried out in conjunction with an appropriate inspection of the

commercial motor vehicle to enforce Government or State

commercial motor vehicle safety regulations:

``(A) enforcement of commercial motor vehicle size

and weight limitations at locations other than fixed

weight facilities, at specific locations such as steep

grades or mountainous terrains where the weight of a

commercial motor vehicle can significantly affect the

safe operation of the vehicle, or at ports where

intermodal shipping containers enter and leave the

United States; and

 

[[Page 119 STAT. 1719]]

 

``(B) detection of the unlawful presence of a

controlled substance (as defined under section 102 of

the Comprehensive Drug Abuse Prevention and Control Act

of 1970 (21 U.S.C. 802)) in a commercial motor vehicle

or on the person of any occupant (including the

operator) of the vehicle; and

``(2) for documented enforcement of State traffic laws and

regulations designed to promote the safe operation of commercial

motor vehicles, including documented enforcement of such laws

and regulations relating to noncommercial motor vehicles when

necessary to promote the safe operation of commercial motor

vehicles if the number of motor carrier safety activities

(including roadside safety inspections) conducted in the State

is maintained at a level at least equal to the average level of

such activities conducted in the State in fiscal years 2003,

2004, and 2005; except that the State may not use more than 5

percent of the basic amount the State receives under the grant

under subsection (a) for enforcement activities relating to

noncommercial motor vehicles described in this paragraph unless

the Secretary determines a higher percentage will result in

significant increases in commercial motor vehicle safety.''; and

(2) by adding at the end the following:

 

``(e) Annual Report.--The Secretary shall submit to the Committee on

Transportation and Infrastructure of the House of Representatives and

the Committee on Commerce, Science and Transportation of the Senate an

annual report that--

``(1) analyzes commercial motor vehicle safety trends among

the States and documents the most effective commercial motor

vehicle safety programs implemented with grants under this

section; and

``(2) describes the effect of activities carried out with

grants made under this section on commercial motor vehicle

safety.''.