MAP-21 is in Effect. Are You Compliant? Part II

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

  • 31206
    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.
  • 31207
    A person
    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
    was given.
  • 31208
    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.
  • 31209
    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

  • 31307
    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
    employee) —

    1. 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;
    2. 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;
    3. testified or is about to testify in such a proceeding;
    4. assisted or participated or is about to assist or participate
      in such a proceeding; or
    5. 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.

Commercial Motor Vehicle Safety Enhancement Act: Subtitle A

  • 32107
    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
    .
  • 32109
    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
    .
  • 32110
    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
    records
    .

Commercial Motor Vehicle Safety Enhancement Act: Subtitle B

  • 32203
    The State shall report a conviction of a foreign
    commercial driver by that State to the Federal Convictions
    and Withdrawal Database
    .
  • 32204
    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

  • 32302
    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.
  • 32304
    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

  • 32504
    The Secretary may enforce an imminent hazard out-of-service order by towing and impounding a commercial motor vehicle until the order is rescinded.
  • 32505
    Penalties are increased by a factor of 3.5 to 20, depending on the penalty.

Commercial Motor Vehicle Safety Enhancement Act: Subtitle I

  • 32915
    A motor carrier
    may not broker transportation services unless the motor carrier
    has registered as a broker under this chapter.
  • 32915
    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;
    and
      (ii) retains liability for the cargo and for payment
    of interchanged carriers …
  • 32918
    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
    .
  • 32921
    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

  • 33010
    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.