110 HR 1773 : Safe American Roads Act of
U.S. House of Representatives
2007-05-16
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
1.This Act may be cited as the
Safe American Roads Act of
2007
.
2.Limitation on
granting authorityThe
Secretary of Transportation may not grant authority to a motor carrier
domiciled in Mexico to operate beyond United States municipalities and
commercial zones on the United States-Mexico border, except under the pilot
program authorized by this Act.
3.
(a)The Secretary of
Transportation may carry out, in accordance with section 350 of
Public Law
107–87,
section
31315(c) of title 49, United States Code, all Federal motor
carrier safety laws and regulations, and this Act, a pilot program that grants
authority to not more than 100 motor carriers domiciled in Mexico to operate
beyond United States municipalities and commercial zones on the United
States-Mexico border.
(b)Limitation on
commercial motor vehicles participating in pilot programThe
number of commercial motor vehicles owned or leased by motor carriers domiciled
in Mexico which may be used to participate in the pilot program shall not
exceed 1,000.
(c)Pilot program
prerequisitesThe Secretary may not initiate the pilot program
under subsection (a) until—
(1)the Inspector General of the Department of
Transportation submits to Congress and the Secretary a report—
(A)independently
verifying that the Department is in compliance with each of the requirements of
subsections (a) and (b) of section 350 of
Public Law
107–87; and
(B)including a
determination of whether the Department has established sufficient
mechanisms—
(i)to
apply Federal motor carrier safety laws and regulations to motor carriers
domiciled in Mexico; and
(ii)to ensure compliance with such laws and
regulations by motor carriers domiciled in Mexico who will be granted authority
to operate beyond United States municipalities and commercial zones on the
United States-Mexico border;
(2)the Secretary of
Transportation—
(A)takes such action
as may be necessary to address any issues raised in the report of the Inspector
General under paragraph (1); and
(B)submits to
Congress a detailed report describing such actions;
(3)the Secretary
determines that there is a program in effect for motor carriers domiciled in
the United States to be granted authority to begin operations in Mexico beyond
commercial zones on the United States-Mexico border;
(4)the Secretary
publishes in the Federal Register and provides sufficient opportunity for
public comment on the following:
(A)a detailed
description of the pilot program and the amount of funds the Secretary will
need to expend to carry out the pilot program;
(B)the findings of
each pre-authorization safety audit conducted, before the date of enactment of
this Act, by inspectors of the Federal Motor Carrier Safety Administration of
motor carriers domiciled in Mexico and seeking to participate in the pilot
program;
(C)a process by which
the Secretary will be able to revoke Mexico-domiciled motor carrier operating
authority under the pilot program;
(D)specific measures
to be required by the Secretary to protect the health and safety of the public,
including enforcement measures and penalties for noncompliance;
(E)specific measures
to be required by the Secretary to enforce the requirements of
section
391.11(b)(2) of title 49, Code of Federal Regulations, as in
effect on the date of enactment of this Act;
(F)specific standards
to be used to evaluate the pilot program and compare any change in the level of
motor carrier safety as a result of the pilot program;
(G)penalties to be
levied against carriers who, under the pilot program, violate
section
365.501(b) of title 49, Code of Federal Regulations, as in
effect on the date of enactment of this Act;
(H)a list of Federal
motor carrier safety laws and regulations for which the Secretary will accept
compliance with a Mexican law or regulation as the equivalent to compliance
with a corresponding Federal motor carrier safety law or regulation, including
commercial driver’s license requirements; and
(I)for any law or
regulation referred to in subparagraph (H) for which compliance with a Mexican
law or regulation will be accepted, an analysis of how the requirements of the
Mexican and United States laws and regulations differ; and
(5)the Secretary
establishes an independent review panel under section 4 to monitor and evaluate
the pilot program.
4.
(a)The Secretary of Transportation shall establish an
independent review panel to monitor and evaluate the pilot program under
section 3. The panel shall be composed of 3 individuals appointed by the
Secretary.
(b)
(1)The
independent review panel shall—
(A)evaluate any
effects that the pilot program has on motor carrier safety, including an
analysis of any crashes involving motor carriers participating in the pilot
program and a determination of whether the pilot program has had an adverse
effect on motor carrier safety; and
(B)make, in writing,
recommendations to the Secretary.
(2)If
the independent review panel determines that the pilot program has had an
adverse effect on motor carrier safety, the panel shall recommend, in writing,
to the Secretary—
(A)such modifications
to the pilot program as the panel determines are necessary to address such
adverse effect; or
(B)termination of the
pilot program.
(c)Not later than 5 days after the date of a
written determination of the independent review panel that the pilot program
has had an adverse effect on motor carrier safety, the Secretary shall take
such action as may be necessary to address such adverse effect or terminate the
pilot program.
5.
(a)The Inspector General of the Department of
Transportation—
(1)shall monitor and
review the pilot program;
(2)not later than 12
months after the date of initiation of the pilot program, shall submit to
Congress and the Secretary of Transportation a 12-month interim report on the
Inspector General’s findings regarding the pilot program; and
(3)not later than 18
months after the date of initiation of the pilot program, shall submit to
Congress and the Secretary an 18-month interim report with the Inspector
General’s findings regarding the pilot program.
(b)The interim reports submitted under subsection (a)
shall include the determination of the Inspector General of—
(1)whether the
Secretary has established sufficient mechanisms to determine whether the pilot
program is having any adverse effects on motor carrier safety;
(2)whether the
Secretary is taking sufficient action to ensure that motor carriers domiciled
in Mexico and participating in the pilot program are in compliance with all
Federal motor carrier safety laws and regulations and section 350 of
Public Law
107–87; and
(3)the sufficiency of
monitoring and enforcement activities by the Secretary and States to ensure
compliance with such laws and regulations by such carriers.
(c)Not later than 60 days after the date of submission of
the 18-month interim report of the Inspector General under this section, the
Secretary shall submit to Congress a report on—
(1)the actions the
Secretary is taking to address any motor carrier safety issues raised in one or
both of the interim reports of the Inspector General;
(2)evaluation of the Secretary whether
granting authority to additional motor carriers domiciled in Mexico to operate
beyond United States municipalities and commercial zones on the United
States-Mexico border would have any adverse effects on motor carrier
safety;
(3)modifications to
Federal motor carrier safety laws and regulations or special procedures that
the Secretary determines are necessary to enhance the safety of operations of
motor carriers domiciled in Mexico in the United States; and
(4)any recommendations for legislation to make
the pilot program permanent or to expand operations of motor carriers domiciled
in Mexico in the United States beyond municipalities and commercial zones on
the United States-Mexico border.
6.Duration of Pilot
Program
(a)The Secretary of
Transportation may carry out the pilot program under this Act for a period not
to exceed 3 years; except that, if the Secretary does not comply with any
provision of this Act, the authority of the Secretary to carry out the pilot
program terminates.
(b)Not later than 60 days after the last day of the pilot
program, the Secretary shall submit to Congress a final report on the pilot
program.
Passed the House of
Representatives May 15, 2007.
Lorraine C. Miller,
Clerk.