In Part I, we noted that MAP-21, or the Moving Ahead for Progress in the 21st Century Act (1.3MB PDF), took effect on October 1, outlined some key sections of interest, and asked if your Supply Chain was compliant?
Today we are going to outline some of the key provisions that you should be aware of if you are not already.
Motor Vehicle and Highway Safety Improvement Act: Subtitle B
Amends Chapter 327 of title 49 of the United States Code to increase the penalty amounts by a factor of 5 to 10, depending on the offence.
may not sell, offer for sale, introduce or deliver for introduction
in interstate commerce, or import into the United States any motor
vehicle or motor vehicle equipment if the vehicle or equipment
contains a defect related to motor vehicle safety about which notice
manufacturer (including an
importer) offering a motor vehicle or motor vehicle equipment for
import shall provide, upon request, such information that is necessary
to identify and track the products, including (1) the product name and manufacturer address and (2) each retailer or distributor to which the manufacturer directly supplied motor vehicles or motor vehicle equipment.
Amends section 30166(c) of title 49 of the United States Code to require entry into a memorandum of understanding with
the Secretary of Homeland Security for inspections and sampling
of motor vehicle equipment being offered for import to
determine compliance with this chapter or a regulation or order
issued under this chapter.
Motor Vehicle and Highway Safety Improvement Act: Subtitle C
No motor vehicle manufacturer,
part supplier, or dealership may discharge an employee or
otherwise discriminate against an employee with respect to compensation,
terms, conditions, or privileges of employment because the employee (or any person acting pursuant to a request of the
- provided, caused to be provided, or is about to provide
(with any knowledge of the employer) or cause to be provided
to the employer or the Secretary of Transportation information
relating to any motor vehicle defect, noncompliance, or any
violation or alleged violation of any notification or reporting
requirement of this chapter;
- has filed, caused to be filed, or is about to file (with
any knowledge of the employer) or cause to be filed a proceeding
relating to any violation or alleged violation of any motor vehicle
defect, noncompliance, or any violation or alleged violation of
any notification or reporting requirement of this chapter;
- testified or is about to testify in such a proceeding;
- assisted or participated or is about to assist or participate
in such a proceeding; or
- objected to, or refused to participate in, any activity
that the employee reasonably believed to be in violation of
any provision of chapter 301 of this title, or any order, rule,
regulation, standard, or ban under such provision.
- provided, caused to be provided, or is about to provide
Commercial Motor Vehicle Safety Enhancement Act: Subtitle A
The Secretary shall require a registrant
to update its registration under this section not later than
30 days after a change in the registrant’s address, other contact
information, officers, process agent, or other essential information,
as determined by the Secretary.
shall revoke the registration of a motor carrier if the Secretary
finds that the carrier is or was conducting unsafe operations
that are or were an imminent hazard to public health or property.
The Secretary may withhold, suspend, amend, or revoke any
part of the registration of a person required to register under
chapter 139 for failing to obey a subpoena or requirement of the Secretary under this chapter to appear and testify or produce
Commercial Motor Vehicle Safety Enhancement Act: Subtitle B
The State shall report a conviction of a foreign
commercial driver by that State to the Federal Convictions
and Withdrawal Database.
Updates section 31310 to state that a foreign commercial
driver shall be subject to disqualification under this section.
Commercial Motor Vehicle Safety Enhancement Act: Subtitle C
The Secretary has one year to establish a national registry of medical examiners in accordance with section 31149(d)(1)
of title 49, United States Code and develop requirements for a medical examiner to be
listed in the national registry.
The Secretary has one year to issue final regulations minimum entry-level training requirements for an individual
operating a commercial motor vehicle.
Commercial Motor Vehicle Safety Enhancement Act: Subtitle E
The Secretary may enforce an imminent hazard out-of-service order by towing and impounding a commercial motor vehicle until the order is rescinded.
Penalties are increased by a factor of 3.5 to 20, depending on the penalty.
Commercial Motor Vehicle Safety Enhancement Act: Subtitle I
A motor carrier
may not broker transportation services unless the motor carrier
has registered as a broker under this chapter.
A motor carrier registered under this chapter may only provide transportation of property with
(A) self-propelled motor vehicles owned or leased by
the motor carrier; or
(B) interchanges under regulations issued by the Secretary
if the originating carrier
(i) physically transports the cargo at some point;
(ii) retains liability for the cargo and for payment
of interchanged carriers …
Each broker subject
to the requirements of this section shall provide financial security
of $75,000 for purposes of this subsection, regardless of
the number of branch offices or sales agents of the broker.
Requires that a carrier demonstrates, before being registered, through
successful completion of a proficiency examination established
by the Secretary, knowledge and intent to comply
with applicable Federal laws relating to consumer protection,
estimating, consumers’ rights and responsibilities, and
options for limitations of liability for loss and damage.
Hazardous Materials Transportation Safety Improvement Act
Increases already large civil penalties by 50% to 75%.
Again SI would like to state that this isn’t an exhaustive list of items that you need to be aware of as a broker or carrier, but just a starting one. If you are a freight broker or carrier and someone on your staff hasn’t at least scanned this end-to-end, it would probably be a good idea, especially considering all of the increased penalties for non-compliance.