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.
| File Type | application/msword |
| File Title | SEC |
| Author | herman.dogan |
| Last Modified By | SYSTEM |
| File Modified | 2018-06-25 |
| File Created | 2018-06-25 |