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pdf§ 31137
TITLE 49—TRANSPORTATION
‘‘(2) that a State’s participation in the program has
caused a significant adverse impact on public safety
and is not in the public interest; or
‘‘(3) the existence of an emergency.
‘‘(e) REVIEW BY SECRETARY.—Within 90 days after the
completion of the pilot program, the Secretary shall
initiate a rulemaking to determine, based in part on
the results of the program, whether to—
‘‘(1) permit a State to grant waivers of the regulations referred to in subsection (a) to motor carriers
transporting home heating oil within the borders of
the State, subject to such conditions as the Secretary
may impose, if the Secretary determines that such
waivers by the State meet the conditions in section
31136(e) of title 49, United States Code; or
‘‘(2) amend the regulations referred to in subsection
(a) as may be necessary to provide flexibility to
motor carriers delivering home heating oil during
winter periods of peak demand.
‘‘(f) DEFINITION.—In this section, the term ‘7 or 8 consecutive days’ has the meaning such term has under
section 345 of this Act [set out above].’’
§ 31137. Monitoring device and brake maintenance regulations
(a) USE OF MONITORING DEVICES.—If the Secretary of Transportation prescribes a regulation
about the use of monitoring devices on commercial motor vehicles to increase compliance by
operators of the vehicles with hours of service
regulations of the Secretary, the regulation
shall ensure that the devices are not used to
harass vehicle operators. However, the devices
may be used to monitor productivity of the operators.
(b) BRAKES AND BRAKE SYSTEMS MAINTENANCE
REGULATIONS.—Not later than December 31, 1990,
the Secretary shall prescribe regulations on improved standards or methods to ensure that
brakes and brake systems of commercial motor
vehicles are maintained properly and inspected
by appropriate employees. At a minimum, the
regulations shall establish minimum training
requirements and qualifications for employees
responsible for maintaining and inspecting the
brakes and brake systems.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1004.)
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
31137(a) ......
49 App.:2505 (note).
31137(b) ......
49 App.:2521.
Source (Statutes at Large)
Nov. 18, 1988, Pub. L. 100–690,
§ 9104(b), 102 Stat. 4529.
Oct. 30, 1984, Pub. L. 98–554,
98 Stat. 2829, § 231; added
Nov. 18, 1988, Pub. L.
100–690, § 9110, 102 Stat.
4531.
In subsection (b), the text of 49 App.:2521(a) is omitted
as executed.
§ 31138. Minimum financial responsibility for
transporting passengers
(a) GENERAL REQUIREMENT.—
(1) TRANSPORTATION OF PASSENGERS FOR COMPENSATION.—The Secretary of Transportation
shall prescribe regulations to require minimum levels of financial responsibility sufficient to satisfy liability amounts established
by the Secretary covering public liability and
property damage for the transportation of passengers for compensation by motor vehicle in
the United States between a place in a State
and—
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(A) a place in another State;
(B) another place in the same State
through a place outside of that State; or
(C) a place outside the United States.
(2) TRANSPORTATION OF PASSENGERS NOT FOR
COMPENSATION.—The Secretary may prescribe
regulations to require minimum levels of financial responsibility sufficient to satisfy liability amounts established by the Secretary
covering public liability and property damage
for the transportation of passengers for commercial purposes, but not for compensation,
by motor vehicle in the United States between
a place in a State and—
(A) a place in another State;
(B) another place in the same State
through a place outside of that State; or
(C) a place outside the United States.
(b) MINIMUM AMOUNTS.—The level of financial
responsibility established under subsection (a)
of this section for a motor vehicle with a seating
capacity of—
(1) at least 16 passengers shall be at least
$5,000,000; and
(2) not more than 15 passengers shall be at
least $1,500,000.
(c) EVIDENCE OF FINANCIAL RESPONSIBILITY.—
(1) Subject to paragraph (2) of this subsection,
financial responsibility may be established by
evidence of one or a combination of the following if acceptable to the Secretary of Transportation:
(A) insurance, including high self-retention.
(B) a guarantee.
(C) a surety bond issued by a bonding company authorized to do business in the United
States.
(2) A person domiciled in a country contiguous
to the United States and providing transportation to which a minimum level of financial responsibility under this section applies shall have
evidence of financial responsibility in the motor
vehicle when the person is providing the transportation. If evidence of financial responsibility
is not in the vehicle, the Secretary of Transportation and the Secretary of the Treasury shall
deny entry of the vehicle into the United States.
(3) A motor carrier may obtain the required
amount of financial responsibility from more
than one source provided the cumulative
amount is equal to the minimum requirements
of this section.
(4) OTHER PERSONS.—The Secretary may require a person, other than a motor carrier (as
defined in section 13102), transporting passengers by motor vehicle to file with the Secretary the evidence of financial responsibility
specified in subsection (c)(1) in an amount not
less than the greater of the amount required by
subsection (b)(1) or the amount required for such
person to transport passengers under the laws of
the State or States in which the person is operating; except that the amount of the financial
responsibility must be sufficient to pay not
more than the amount of the financial responsibility for each final judgment against the person for bodily injury to, or death of, an individual resulting from the negligent operation,
maintenance, or use of the motor vehicle, or for
loss or damage to property, or both.
| File Type | application/pdf |
| File Modified | 2012-04-27 |
| File Created | 2012-04-27 |