49-U.S.C.-31150
§31150 – Safety Performance History Screening
Pathway
Title 49 > Subtitle VI > Part B > Chapter 311 > Subchapter III > Section 31150
Details
- Reference: Section 31150
- Legend: §31150 – Safety Performance History Screening
- USCode Year: 2013
Provision Content
(a) In General.—The Secretary of Transportation shall provide persons conducting preemployment screening services for the motor carrier industry electronic access to the following reports contained in the Motor Carrier Management Information System:
(1) Commercial motor vehicle accident reports.
(2) Inspection reports that contain no driver-related safety violations.
(3) Serious driver-related safety violation inspection reports.
(b) Conditions on Providing Access.—Before providing a person access to the Motor Carrier Management Information System under subsection (a), the Secretary shall—
(1) ensure that any information that is released to such person will be in accordance with the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) and all other applicable Federal law;
(2) ensure that such person will not conduct a screening without the operator-applicants written consent;
(3) ensure that any information that is released to such person will not be released to any person or entity, other than the motor carrier requesting the screening services or the operator-applicant, unless expressly authorized or required by law; and
(4) provide a procedure for the operator-applicant to correct inaccurate information in the System in a timely manner.
(c) Design.—The process for providing access to the Motor Carrier Management Information System under subsection (a) shall be designed to assist the motor carrier industry in assessing an individual operators crash and serious safety violation inspection history as a preemployment condition. Use of the process shall not be mandatory and may only be used during the preemployment assessment of an operator-applicant.
(d) Serious Driver-Related Safety Violation Defined.—In this section, the term serious driver-related violation means a violation by an operator of a commercial motor vehicle that the Secretary determines will result in the operator being prohibited from continuing to operate a commercial motor vehicle until the violation is corrected.
(Added Pub. L. 109–59, title IV, §4117(a), Aug. 10, 2005, 119 Stat. 1728.)
References in Text
The Fair Credit Reporting Act, referred to in subsec. (b)(1), is title VI of Pub. L. 90–321, as added by Pub. L. 91–508, title VI, §601, Oct. 26, 1970, 84 Stat. 1127, as amended, which is classified generally to subchapter III (§1681 et seq.) of chapter 41 of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 15 and Tables.
U.S. Encyclopedia of Law Coverage
49-U.S.C.-31133 in the Legal Encyclopedia: Transportation
In this entry about 49-U.S.C.-31133, find legal reference material, bibliographies and premiere content related to transportation in the American Encyclopedia of Law, presenting a comprehensive view of the United States transportation-specific issues, written by authorities in the field.
49-U.S.C.-31132 in the Legal Encyclopedia: Transport Programs
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49-U.S.C.-31150 in the Legal Encyclopedia: Safety
In this entry about 49-U.S.C.-31150, find legal reference material, bibliographies and premiere content related to safety in the American Encyclopedia of Law, presenting a comprehensive view of the United States safety-specific issues, written by authorities in the field.
49-U.S.C.-31143 in the Legal Encyclopedia: Motor Vehicle Programs
In this entry about 49-U.S.C.-31143, find legal reference material, bibliographies and premiere content related to motor vehicle programs in the American Encyclopedia of Law, presenting a comprehensive view of the United States motor vehicle programs-specific issues, written by authorities in the field.
49-U.S.C.-31136 in the Legal Encyclopedia: Motor Vehicle
In this entry about 49-U.S.C.-31136, find legal reference material, bibliographies and premiere content related to motor vehicle in the American Encyclopedia of Law, presenting a comprehensive view of the United States motor vehicle-specific issues, written by authorities in the field.
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