Section 4118 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) (Public Law 109-59, 119 Stat. 1144 at 1729

Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) (Public Law 109-59, 119 Stat. 1144, at 1729, August 10, 2005)

SEC. 4118. ROADABILITY.

(a) In General.--Subchapter III of chapter 311 of title 49, United

States Code (as amended by sections 4116 and 4117 of this Act) is

amended by adding at the end the following:

``Sec. 31151. Roadability

``(a) Inspection, Repair, and Maintenance of Intermodal Equipment.--

``(1) <<NOTE: Deadline.>> In general.--Not later than 1 year

after the date of enactment of this section, the Secretary of

Transportation, after providing notice and opportunity for

comment, shall issue regulations establishing a program to

ensure that intermodal equipment used to transport intermodal

containers is safe and systematically maintained.

``(2) Intermodal equipment safety regulations.--The

Secretary shall issue the regulations under this section as a

subpart of the Federal motor carrier safety regulations.

``(3) Contents.--The regulations issued under this section

shall include, at a minimum--

[[Page 119 STAT. 1730]]

``(A) a requirement to identify intermodal equipment

providers responsible for the inspection and maintenance

of intermodal equipment that is interchanged or intended

for interchange to motor carriers in intermodal

transportation;

``(B) a requirement to match intermodal equipment

readily to an intermodal equipment provider through a

unique identifying number;

``(C) a requirement that an intermodal equipment

provider identified under subparagraph (A)

systematically inspect, repair, and maintain, or cause

to be systematically inspected, repaired, and

maintained, intermodal equipment described in

subparagraph (A) that is intended for interchange with a

motor carrier;

``(D) a requirement to ensure that each intermodal

equipment provider identified under subparagraph (A)

maintains a system of maintenance and repair records for

such equipment;

``(E) requirements that--

``(i) a specific list of intermodal equipment

components or items be identified for the visual

or audible inspection of which a driver is

responsible before operating the equipment over

the road; and

``(ii) the inspection under clause (i) be

conducted as part of the Federal requirement in

effect on the date of enactment of this Act that a

driver be satisfied that the intermodal equipment

components are in good working order before the

equipment is operated over the road;

``(F) a requirement that a facility at which an

intermodal equipment provider regularly makes intermodal

equipment available for interchange have an operational

process and space readily available for a motor carrier

to have an equipment defect identified pursuant to

subparagraph (E) repaired or the equipment replaced

prior to departure;

``(G) a program for the evaluation and audit of

compliance by intermodal equipment providers with

applicable Federal motor carrier safety regulations;

``(H) a civil penalty structure consistent with

section 521(b) of title 49, United States Code, for

intermodal equipment providers that fail to attain

satisfactory compliance with applicable Federal motor

carrier safety regulations; and

``(I) a prohibition on intermodal equipment

providers from placing intermodal equipment in service

on the public highways to the extent such providers or

their equipment are found to pose an imminent hazard;

``(J) a process by which motor carriers and agents

of motor carriers shall be able to request the Federal

Motor Carrier Safety Administration to undertake an

investigation of an intermodal equipment provider

identified under subparagraph (A) that is alleged to be

not in compliance with the regulations under this

section;

``(K) a process by which equipment providers and

agents of equipment providers shall be able to request

the Administration to undertake an investigation of a

motor

[[Page 119 STAT. 1731]]

carrier that is alleged to be not in compliance with the

regulations issued under this section;

``(L) a process by which a driver or motor carrier

transporting intermodal equipment is required to report

to the intermodal equipment provider or the provider's

designated agent any actual damage or defect in the

intermodal equipment of which the driver or motor

carrier is aware at the time the intermodal equipment is

returned to the intermodal equipment provider or the

provider's designated agent;

``(M) a requirement that any actual damage or defect

identified in the process established under subparagraph

(L) be repaired before the equipment is made available

for interchange to a motor carrier and that repairs of

equipment made pursuant to the requirements of this

subparagraph and reports made pursuant to the

subparagraph (L) process be documented in the

maintenance records for such equipment; and

``(N) a procedure under which motor carriers,

drivers and intermodal equipment providers may seek

correction of their motor carrier safety records through

the deletion from those records of violations of safety

regulations attributable to deficiencies in the

intermodal chassis or trailer for which they should not

have been held responsible.

``(4) Deadline for rulemaking proceeding.--Not later than

120 days after the date of enactment of this section, the

Secretary shall initiate a rulemaking proceeding for issuance of

the regulations under this section.

``(b) Inspection, Repair, and Maintenance of Intermodal Equipment.--

The Secretary or an employee of the Department of Transportation

designated by the Secretary may inspect intermodal equipment, and copy

related maintenance and repair records for such equipment, on demand and

display of proper credentials.

``(c) Out-of-Service Until Repair.--Any intermodal equipment that is

determined under this section to fail to comply with applicable Federal

safety regulations may be placed out of service by the Secretary or a

Federal, State, or government official designated by the Secretary and

may not be used on a public highway until the repairs necessary to bring

such equipment into compliance have been completed. Repairs of equipment

taken out of service shall be documented in the maintenance records for

such equipment.

``(d) Preemption Generally.--Except as provided in subsection (e), a

law, regulation, order, or other requirement of a State, a political

subdivision of a State, or a tribal organization relating to commercial

motor vehicle safety is preempted if such law, regulation, order, or

other requirement exceeds or is inconsistent with a requirement imposed

under or pursuant to this section.

``(e) Pre-Existing State Requirements.--

``(1) In general.--Except as provided in paragraph (2), a

State requirement for the periodic inspection of intermodal

chassis by intermodal equipment providers that was in effect on

January 1, 2005, shall remain in effect only until the date on

which requirements prescribed under this section take effect.

``(2) Nonpreemption determinations.--

``(A) In general.--Notwithstanding subsection (d), a

State requirement described in paragraph (1) is not

preempted by a Federal requirement prescribed under this

[[Page 119 STAT. 1732]]

section if the Secretary determines that the State

requirement is as effective as the Federal requirement

and does not unduly burden interstate commerce.

``(B) Application required.--Subparagraph (A)

applies to a State requirement only if the State applies

to the Secretary for a determination under this

paragraph with respect to the requirement before the

date on which the regulations issued under this section

take effect. <<NOTE: Deadline.>> The Secretary shall

make a determination with respect to any such

application within 6 months after the date on which the

Secretary receives the application.

``(C) Amended state requirements.--Any amendment to

a State requirement not preempted under this subsection

because of a determination by the Secretary under

subparagraph (A) may not take effect unless--

``(i) it is submitted to the Secretary before

the effective date of the amendment; and

``(ii) the Secretary determines that the

amendment would not cause the State requirement to

be less effective than the Federal requirement and

would not unduly burden interstate commerce.

``(f) Definitions.--In this section, the following definitions

apply:

``(1) Intermodal equipment.--The term `intermodal equipment'

means trailing equipment that is used in the intermodal

transportation of containers over public highways in interstate

commerce, including trailers and chassis.

``(2) Intermodal equipment interchange agreement.--The term

`intermodal equipment interchange agreement' means the Uniform

Intermodal Interchange and Facilities Access Agreement or any

other written document executed by an intermodal equipment

provider or its agent and a motor carrier or its agent, the

primary purpose of which is to establish the responsibilities

and liabilities of both parties with respect to the interchange

of the intermodal equipment.

``(3) Intermodal equipment provider.--The term `intermodal

equipment provider' means any person that interchanges

intermodal equipment with a motor carrier pursuant to a written

interchange agreement or has a contractual responsibility for

the maintenance of the intermodal equipment.

``(4) Interchange.--The term `interchange'--

``(A) means the act of providing intermodal

equipment to a motor carrier pursuant to an intermodal

equipment interchange agreement for the purpose of

transporting the equipment for loading or unloading by

any person or repositioning the equipment for the

benefit of the equipment provider; but

``(B) does not include the leasing of equipment to a

motor carrier for primary use in the motor carrier's

freight hauling operations.''.

(b) Clerical Amendment.--The analysis for such subchapter (as

amended by sections 4116 and 4117 of this Act) is amended by adding at

the end the following:

``31151. Roadability.''.

[[Page 119 STAT. 1733]]

SEC. 4119. INTERNATIONAL COOPERATION.