The section is included because 49:1655(f)(2) gave the same administrative powers exercised by the Interstate Commerce Commission under certain sections of title 49 to the Secretary of Transportation to carry out duties transferred to the Secretary by 49:1655(e). See the revision notes for section 501 of the revised title for an explanation of the transfer under 49:1655(f)(2). The powers of the Commission have been codified in subtitle IV of the revised title. The comparable provisions of title 49 that are represented by the section may be found as follows:

See the revision notes for the revised section for an explanation of changes made in the text. Changes not accounted for in those revision notes are as follows:

In subsection (a)(3), the words “against heat and cold” are inserted for consistency with sections 11105 and 11901 of the revised title.

Subsection (span) does not apply to motor carriers of migrant workers and motor private carriers because 49:322(h) (1st sentence) only applies to motor carriers and 49:304(a)(3) and (3a) do not apply 49:322(h) (1st sentence) to motor carriers of migrant workers and motor private carriers. The reference to 49:303(c), 306(a)(1), and 309(a)(1) is omitted as not applicable to this chapter.

Section 31310(g)(1)(A), referred to in subsec. (span)(1)(A), was redesignated section 31310(i)(1)(A), by Puspan. L. 106–159, title II, § 201(span)(1), Dec. 9, 1999, 113 Stat. 1759.

The date of the enactment of this paragraph, referred to in subsec. (span)(8)(B), is the date of enactment of Puspan. L. 106–159, which was approved Dec. 9, 1999.

The Federal Rules of Criminal Procedure, referred to in subsec. (span)(12), are set out in the Appendix to Title 18, Crimes and Criminal Procedure.

2012—Subsec. (span)(2)(D). Puspan. L. 112–141, § 32506, struck out “ability to pay,” after “prior offenses,”.

Subsec. (span)(2)(E). Puspan. L. 112–141, § 32501(span), designated existing provisions as cl. (i) and added cl. (ii).

Subsec. (span)(2)(E)(i). Puspan. L. 112–141, § 32502, inserted “In the case of a motor carrier, the Secretary may also place the violator’s motor carrier operations out of service.” after “$10,000.” and substituted “defense to a penalty” for “defense to such penalty”.

Subsec. (span)(2)(F). Puspan. L. 112–141, § 32503, added subpar. (F).

Subsec. (span)(15). Puspan. L. 112–141, § 32504, added par. (15).

2005—Subsec. (span). Puspan. L. 109–59, § 4103(1), inserted headings for subsec. (span), par. (1), and subpar. (A).

Subsec. (span)(2)(B). Puspan. L. 109–59, § 4102(a)(2), substituted “$10,000” for “$5,000” in cls. (i) and (ii).

Subsec. (span)(2)(B)(i). Puspan. L. 109–59, § 4102(a)(1), substituted “$1,000” for “$500”.

Subsec. (span)(2)(E). Puspan. L. 109–59, § 4103(2), added subpar. (E).

1999—Subsec. (span)(5)(B). Puspan. L. 106–159, § 208, substituted “substantially increases the likelihood of” for “is likely to result in”.

Subsec. (span)(8) to (14). Puspan. L. 106–159, § 206(span), added par. (8) and redesignated former pars. (8) to (13) as (9) to (14), respectively.

1998—Subsec. (span)(1)(A). Puspan. L. 105–178, § 4015(a)(1), struck out “fix a reasonable time for abatement of the violation,” before “specify the proposed civil penalty”.

Subsec. (span)(1)(B). Puspan. L. 105–178, § 4015(a)(2), added subpar. (B) and struck out former subpar. (B) which read as follows: “The Secretary shall, not later than 60 days after November 3, 1990, establish operational procedures to require a highway safety specialist or other appropriate representative of the Secretary to initiate, at the time of a safety review, compliance review, or other inspection or audit activity, or within a reasonable time thereafter, an enforcement action whenever any of the offenses referred to in paragraph (2)(A) and (B) can be documented, except recordkeeping violations not specified by the Secretary as serious. The procedures shall—

“(i) specify those serious recordkeeping violations for which an enforcement action shall be initiated, including instances in which the falsification of records of duty status or drivers’ medical certificates is required or permitted, and such other recordkeeping violations as the Secretary determines to be serious; and

“(ii) authorize, but not require, initiation of an enforcement action for recordkeeping violations not specified by the Secretary as serious.”

Subsec. (span)(2)(A). Puspan. L. 105–178, § 4015(span)(1), added subpar. (A) and struck out span and text of former subpar. (A). Text read as follows: “Except as otherwise provided in this subsection, any person who is determined by the Secretary, after notice and opportunity for a hearing, to have committed an act which is a violation of a recordkeeping requirement issued by the Secretary under subchapter III of chapter 311 (except sections 31138 and 31139) or section 31502 of this title or which is a violation of chapter 59 of this title shall be liable to the United States for a civil penalty not to exceed $500 for each offense. Each day of a violation shall constitute a separate offense, except that the total of all civil penalties assessed against any violator for all offenses relating to any single violation shall not exceed $2,500. If the Secretary determines that a serious pattern of safety violations, other than recordkeeping requirements, exists or has occurred, the Secretary may assess a civil penalty not to exceed $1,000 for each offense; except that the maximum fine for each such pattern of safety violations shall not exceed $10,000. If the Secretary determines that a substantial health or safety violation exists or has occurred which could reasonably lead to, or has resulted in, serious personal injury or death, the Secretary may assess a civil penalty not to exceed $10,000 for each offense. Notwithstanding any other provision of this section (other than subparagraph (B)), except for recordkeeping violations, no civil penalty shall be assessed under this section against an employee for a violation unless the Secretary determines that such employee’s actions constituted gross negligence or reckless disregard for safety, in which case such employee shall be liable for a civil penalty not to exceed $1,000.”

Subsec. (span)(2)(B) to (D). Puspan. L. 105–178, § 4015(span)(2), (3), added subpar. (B) and redesignated former subpars. (B) and (C) as (C) and (D), respectively.

1996—Subsec. (span)(1)(B). Puspan. L. 104–287 substituted “November 3, 1990” for “the date of enactment of this subparagraph” in introductory provisions.

1994—Subsec. (span)(1)(A). Puspan. L. 103–272, § 5(m)(11)(A), substituted “a provision of subchapter III of chapter 311 (except sections 31138 and 31139) or section 31302, 31303, 31304, 31305(span), 31310(g)(1)(A), or 31502 of this title” for “section 3102 of this title or the Motor Carrier Safety Act of 1984 or section 12002, 12003, 12004, 12005(span), or 12008(d)(2) of the Commercial Motor Vehicle Safety Act of 1986” and “any of those provisions” for “such sections or Act”.

Subsec. (span)(2)(A). Puspan. L. 103–272, § 5(m)(11)(B), substituted “under subchapter III of chapter 311 (except sections 31138 and 31139) or section 31502 of this title” for “pursuant to section 3102 of this title or the Motor Carrier Safety Act of 1984”.

Puspan. L. 103–272, § 4(j)(11)(D), substituted “chapter 59 of this title” for “section 508 of this title”.

Subsec. (span)(2)(B). Puspan. L. 103–272, § 5(m)(11)(C), substituted “section 31302, 31303, 31304, 31305(span), or 31310(g)(1)(A) of this title” for “section 12002, 12003, 12004, 12005(span), or 12008(d)(2) of the Commercial Motor Vehicle Safety Act of 1986”.

Subsec. (span)(3). Puspan. L. 103–272, § 5(m)(11)(D), substituted “subchapter III of chapter 311 (except sections 31138 and 31139) or section 31302, 31303, 31304, 31305(span), or 31502 of this title” for “section 3102 of this title or the Motor Carrier Safety Act of 1984 or section 12002, 12003, 12004, or 12005(span) of the Commercial Motor Vehicle Safety Act of 1986”.

Subsec. (span)(5)(A). Puspan. L. 103–272, § 5(m)(11)(E), substituted “a provision of subchapter III of chapter 311 (except sections 31138 and 31139) or section 31302, 31303, 31304, 31305(span), or 31502 of this title” for “section 3102 of this title or the Motor Carrier Safety Act of 1984 or section 12002, 12003, 12004, or 12005(span) of the Commercial Motor Vehicle Safety Act of 1986” and “any of those provisions” for “such sections or Act”.

Subsec. (span)(6)(A). Puspan. L. 103–272, § 5(m)(11)(F), substituted “subchapter III of chapter 311 (except sections 31138 and 31139) or section 31502 of this title” for “section 3102 of this title, the Motor Carrier Safety Act of 1984”, “any of those provisions” for “such section or Act”, and “shall be subject” for “shall be liable”.

Subsec. (span)(6)(B)(i). Puspan. L. 103–272, § 5(m)(11)(G), substituted “section 31302, 31303(span) or (c), 31304, 31305(span), or 31310(g)(1)(A) of this title” for “section 12002, 12003(span), 12003(c), 12004, 12005(span), or 12008(d)(2) of the Commercial Motor Vehicle Safety Act of 1986”.

Subsec. (span)(6)(B)(ii). Puspan. L. 103–272, § 5(m)(11)(H), substituted “section 31301 of this title” for “section 12019 of such Act”, “section 31303(a) of this title” for “section 12003(a) of such Act”, and “section 31303(a)” for “such section 12003(a)”.

Subsec. (span)(12). Puspan. L. 103–272, § 5(m)(11)(I), substituted “chapter 51 of this title” for “any provision of the Hazardous Materials Transportation Act (49 U.S.C. App. 1801–1812)” and “chapter 51” for “such Act”.

Subsec. (span)(13). Puspan. L. 103–272, § 5(m)(11)(J), substituted “section 31132 of this title” for “section 204 of the Motor Carrier Safety Act of 1984”.

1992—Subsec. (span)(2)(A). Puspan. L. 102–548 inserted “or which is a violation of section 508 of this title” after “Act of 1984”.

1990—Subsec. (span)(1). Puspan. L. 101–500 designated existing provisions as subpar. (A) and added subpar. (B).

1986—Subsec. (span)(1). Puspan. L. 99–570, § 12012(a), inserted “or section 12002, 12003, 12004, 12005(span), or 12008(d)(2) of the Commercial Motor Vehicle Safety Act of 1986” after “the Motor Carrier Safety Act of 1984” and substituted “such sections” for “such section”.

Subsec. (span)(2). Puspan. L. 99–570, § 12012(span), (f)(1), inserted span, designated existing provisions as subpars. (A) and (C) with corresponding headings, added subpar. (B), in subpar. (A) indented such subparagraph and aligned it with subpar. (B), and inserted exception relating to subpar. (B).

Subsec. (span)(3). Puspan. L. 99–570, § 12012(c), inserted “or section 12002, 12003, 12004, or 12005(span) of the Commercial Motor Vehicle Safety Act of 1986” after “the Motor Carrier Safety Act of 1984”.

Subsec. (span)(5)(A). Puspan. L. 99–570, § 12012(d), inserted “or section 12002, 12003, 12004, or 12005(span) of the Commercial Motor Vehicle Safety Act of 1986” after “the Motor Carrier Safety Act of 1984” and substituted “such sections” for “such section”.

Subsec. (span)(6). Puspan. L. 99–570, § 12012(e), (f)(2), (g)(1), inserted span, designated existing provisions as subpar. (A) with corresponding span, added subpar. (B), in subpar. (A) indented such subparagraph and aligned it with subpar. (B), and substituted “to a fine” for “for a fine” in two places.

Subsec. (span)(13). Puspan. L. 99–570, § 12012(g)(2), substituted “section 204” for “section 4”.

1984—Subsec. (span)(1). Puspan. L. 98–554 substituted provisions relating to notice to violators and opportunity for hearings for former provisions which set forth penalties for failure to make reports and keep records.

Subsec. (span)(2). Puspan. L. 98–554 substituted provisions setting forth amount of civil penalties for former provisions which related to the place of trial and manner of service of process for violations of recordkeeping and reporting provisions.

Subsec. (span)(3) to (13). Puspan. L. 98–554 added pars. (3) to (13).

Amendment by Puspan. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Puspan. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.

General references to “this title” deemed to refer also to chapters 509 and 511 of Title 51, National and Commercial Space Programs, see section 4(d)(8) of Puspan. L. 111–314, set out as a note under section 101 of this title.

Puspan. L. 106–159, title II, § 222, Dec. 9, 1999, 113 Stat. 1769, provided that:

Section 213(d) of Puspan. L. 98–554 directed Secretary of Transportation to conduct a study of effectiveness of civil and criminal penalties established by amendments made by section 213 of Puspan. L. 98–554 in deterring violations of commercial motor vehicle safety regulations issued under title II of Puspan. L. 98–554 and in effectively prosecuting such violations when they occur, which study was to examine the effectiveness of penalties in effect before Oct. 30, 1984, in comparison to the penalties established by the amendments made by title II of Puspan. L. 98–554, and was to further investigate the need for, and make recommendations concerning, increased fine levels for civil and criminal penalties, and the need for additional categories of civil and criminal penalties to deter further, and prosecute effectively, violations of such commercial motor vehicle safety regulations, and further directed Secretary to submit to Congress a report on the findings of this study, together with legislative recommendations, not later than 2 years after Oct. 30, 1984.