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108th CONGRESS
1st Session
S. 1776
To amend title 49, United States Code, relating to responsibility for
intermodal equipment compliance with commercial motor vehicle safety
requirements, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 23, 2003
Mr. Campbell introduced the following bill; which was read twice and
referred to the Committee on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To amend title 49, United States Code, relating to responsibility for
intermodal equipment compliance with commercial motor vehicle safety
requirements, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Intermodal Equipment Safety and
Responsibility Act of 2003''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Promoting safety on United States highways is a
national priority. The Secretary of Transportation has
promulgated the Federal Motor Carrier Safety Regulations to
further this purpose. The systematic maintenance, repair, and
inspection of equipment traveling on public highways in
interstate commerce are an integral part of this safety regime.
(2) Intermodal transportation plays a significant role in
expanding the United States economy, which depends heavily upon
the ability to transport goods by various modes of
transportation.
(3) Although motor carriers and their drivers often receive
trailers, chassis, containers, and other items of intermodal
equipment to be transported in interstate commerce, they do not
possess the requisite level of control or authority over this
intermodal equipment to perform the systematic maintenance,
repair, and inspection necessary to ensure compliance with the
applicable Federal Motor Carrier Safety Regulations and to
ensure the safety of United States highways.
(4) As a result of roadside inspections, motor carriers and
their drivers are cited and fined for violations of the Federal
Motor Carrier Safety Regulations attributable to intermodal
equipment that they do not have the opportunity to
systematically maintain. These violations negatively affect the
safety records of motor carriers.
SEC. 3. PURPOSE.
The purpose of this Act is to ensure that only those parties that
control intermodal equipment transported on public highways in the
United States (and thus have the opportunity and authority to
systematically maintain, repair, and inspect the intermodal equipment)
have legal responsibility for the safety of that equipment as it
travels in interstate commerce.
SEC. 4. DEFINITIONS.
Section 5901 of title 49, United States Code, is amended by adding
at the end the following new paragraphs:
``(9) `motor carrier' includes--
``(A) a motor private carrier, as defined in
section 13102 of this title; and
``(B) an agent of a motor carrier.
``(10) `intermodal equipment'--
``(A) means equipment that is commonly used in the
intermodal transportation of freight over public
highways as an instrumentality of foreign or interstate
commerce; and
``(B) includes a trailer, chassis, container, and
any device associated with a trailer, chassis, or
container.
``(11) `equipment interchange agreement', with respect to
intermodal equipment, means a written document that--
``(A) is executed by a controller of the equipment,
or its agent, and a motor carrier; and
``(B) establishes the responsibilities and
liabilities of both parties as they relate to the
interchange of the equipment.
``(12) `controller', with respect to intermodal equipment,
means any party that has any legal right, title, or interest in
the equipment, except that a motor carrier--
``(A) is not a controller of the equipment solely
because it provides or arranges for any part of the
intermodal transportation of the equipment; and
``(B) may not be considered a controller of the
equipment if authority for systematic maintenance and
repairs of the equipment has not been delegated to the
motor carrier.
``(13) `interchange', with respect to intermodal equipment,
means the act of providing the equipment to a motor carrier for
the purpose of transporting the equipment for loading or
unloading by any party or repositioning the equipment for the
benefit of the equipment controller, except that such term does
not mean the leasing of the equipment to a motor carrier for
use in the motor carrier's over-the-road freight hauling
operations.
``(14) `applicable safety regulations' means the
regulations applicable to controllers of intermodal equipment
under section 5909 of this title.''.
SEC. 5. JURISDICTION OVER EQUIPMENT CONTROLLERS.
Chapter 59 of title 49, United States Code, is amended by adding at
the end the following new section:
``Sec. 5909. Jurisdiction over equipment controller
``The authority of the Secretary of Transportation to prescribe
regulations on commercial motor vehicle safety under section 31136 of
this title shall apply to controllers of intermodal equipment that is
interchanged or to be interchanged.''.
SEC. 6. EQUIPMENT CONTROLLER RESPONSIBILITY.
(a) In General.--Chapter 59 of title 49, United States Code, as
amended by section 5, is further amended by adding at the end the
following new section:
``Sec. 5910. Equipment inspection, repair, and maintenance
``(a) In General.--Notwithstanding any provision of an equipment
interchange agreement, a controller of intermodal equipment that is
interchanged or to be interchanged--
``(1) shall be responsible and held liable for the
systematic inspection, maintenance, and repair of the
equipment;
``(2) shall, each time prior to offering a motor carrier
the equipment for interchange, inspect the equipment and
provide such maintenance on, and make such repairs to, the
equipment to ensure that such equipment complies with all
applicable safety regulations at all times; and
``(3) shall not offer intermodal equipment to a motor
carrier unless such equipment has been inspected and repaired
as necessary to comply with such regulations.
``(b) Reimbursement.--
``(1) In general.--In the event that a repair of
interchanged intermodal equipment is necessary while in a motor
carrier's possession in order to comply with applicable safety
regulations, the controller of the equipment shall promptly
reimburse the motor carrier for the actual expenses that are
incurred by the motor carrier for the necessary repair,
together with compensation for any loss incurred by the motor
carrier by reason of delay in the transportation of the
equipment necessitated by the need for the repair.
``(2) Exception.--The controller of intermodal equipment
shall not be liable to provide reimbursement or compensation
for a repair to a motor carrier under paragraph (1) if the
motor carrier's negligence or willful misconduct caused the
condition requiring the repair.
``(c) Fines.--The Secretary may prescribe fines against controllers
of intermodal equipment for violations of this section.''.
SEC. 7. SAFETY COMPLIANCE.
(a) In General.--Chapter 59 of title 49, United States Code, as
amended by section 6, is further amended by adding at the end the
following new section:
``Sec. 5911. Compliance with safety regulations
``(a) Liability of Equipment Controller.--Notwithstanding any
provision of an equipment interchange agreement, the controller of
intermodal equipment covered by such agreement shall be liable for each
violation of applicable safety regulations that is attributable to such
equipment and shall pay any fine, penalty, and damages resulting from
such violation, except that the controller of such equipment shall not
be liable for any such violations that is proximately caused by the
negligence or willful misconduct of a motor carrier that is not the
controller of such equipment.
``(b) Limitation on Liability of Motor Carrier.--A motor carrier
who receives intermodal equipment through interchange may not be held
liable for a violation of applicable safety regulations that is
attributable to such equipment other than under the circumstances and
to the extent provided in subsection (a).
``(c) Limitation on Effect.--No record or report of a violation of
applicable safety regulations attributable to interchanged intermodal
equipment, whether issued by a Federal, State, or local law enforcement
authority, shall have any effect on a motor carrier's overall safety
rating or safety status measurement system score, as determined by the
Federal Motor Carrier Safety Administration, or on a driving record of
a driver for the motor carrier unless such violation was proximately
caused by the negligence or willful misconduct of the motor carrier or
driver, respectively.
``(d) Procedure for Records Corrections.--The Secretary of
Transportation shall prescribe an expedited procedure to correct
records or reports of violations that under subsection (c) should not
have been adversely affected by a violation of applicable safety
regulations.''.
(b) Time for Prescribing Records Correction Procedures.--The
Secretary shall issue final regulations setting forth the expedited
procedures required by section 5910(d) of title 49, United States Code,
not later than 180 days after the date of enactment of this Act.
SEC. 8. AUTHORITY TO INSPECT.
Chapter 59 of title 49, United States Code, as amended by section
7, is further amended by adding at the end the following new section:
``Sec. 5912. Authority to inspect
``(a) Authority.--The Secretary of Transportation is authorized to
enter any facility of a controller of intermodal equipment interchanged
for use on a public highway in order to inspect the equipment to
determine whether the equipment complies with the applicable
regulations.
``(b) Inspection Program.--The Secretary shall establish and
implement with appropriate staffing an inspection and audit program at
facilities of controllers of intermodal equipment in order to make
determinations under subsection (a). Inspection of equipment and
maintenance records for such equipment at such facility shall take
place not less frequently than once every 3 months.
``(c) Non-Complying Equipment.--Any intermodal equipment that is
determined under this section as failing to comply with applicable
safety regulations shall be placed out of service and may not be used
on a public highway until the repairs necessary to bring such equipment
into compliance have been completed. Repairs of equipment placed out of
service shall be documented in the maintenance records for such
equipment.''.
SEC. 9. PROHIBITION ON RETALIATION.
Chapter 59 of title 49, United States Code, as amended by section
8, is further amended by adding at the end the following new section:
``Sec. 5913. Penalties for retaliation
``(a) Retaliation Prohibited.--A controller of intermodal equipment
may not take any action to threaten, coerce, discipline, discriminate,
or otherwise retaliate against a motor carrier in response to a request
made by the motor carrier for maintenance or repair of equipment
intended for interchange in order to comply with the applicable safety
regulations.
``(b) Failure To Timely Provide Safe Equipment Deemed To Be
Retaliation.--Upon receiving a motor carrier's request for maintenance
or repair of intermodal equipment to be picked up by the motor carrier
in an interchange of equipment, the controller of intermodal equipment
shall be considered to have retaliated against the motor carrier for
the purposes of this section if the controller of intermodal equipment
fails to provide the motor carrier with the equipment in a condition
compliant with the applicable safety regulations within 60 minutes
after the motor carrier arrives to pick up the equipment at the place
where the equipment is to be picked up.
``(c) Penalty.--A controller of intermodal equipment that violates
subsection (a) shall be liable to the United States Government for a
civil penalty of up to $10,000 for each violation.''.
SEC. 10. DELEGATION OF MAINTENANCE RESPONSIBILITY.
Chapter 59 of title 49, United States Code, as amended by section
9, is further amended by adding at the end the following new section:
``Sec. 5914. Maintenance responsibility
``A controller of intermodal equipment may not delegate its
responsibility to systematically maintain and repair equipment intended
for interchange to a motor carrier or motor carrier agent in an
equipment interchange agreement.''.
SEC. 11. COMPATIBILITY OF STATE LAWS.
(a) In General.--Chapter 59 of title 49, United States Code, as
amended by section 10, is further amended by adding at the end the
following new section:
``Sec. 5915. Compatibility of State laws
``(a) Preemption Generally.--Except as provided in subsection (b)
or as otherwise authorized by Federal law, a law, regulation, order, or
other requirement of a State or political subdivision of a State, or of
a tribal organization, is preempted if compliance with such law,
regulation, order, or other requirement would preclude compliance with
a requirement imposed under this chapter.
``(b) Certain Rules not Preempted.--A law, regulation, order, or
other requirement of a State or political subdivision of a State, or of
a tribal organization, shall not be preempted under subsection (a) if
such law, regulation, order, or other requirement is more stringent
than, but otherwise compatible with, a requirement under this chapter.
``(c) Tribal Organization Defined.--In this section, the term
`tribal organization' has the meaning given such term in section (4)(l)
of the Indian Self-Determination and Education Assistance Act (25
U.S.C. 450b(l)).''.
SEC. 12. REPEAL OF OBSOLETE PROVISION.
Section 5907 of title 49, United States Code, is repealed.
SEC. 13. CLERICAL AMENDMENTS.
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