Sec. 5223. Data certification
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/bill/114/hr/22/eah/section-5223A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
On and after the date that is 1 day after the date of enactment of this Act, no information regarding analysis of violations, crashes in which a determination is made that the motor carrier or the commercial motor vehicle driver is not at fault, alerts, or the relative percentile for each BASIC developed under the CSA program may be made available to the public (including through requests under section 552 of title 5, United States Code) until the Inspector General of the Department certifies that— the report required under section 5221(c) has been submitted in accordance with that section; any deficiencies identified in the report required under section 5221(c) have been addressed; if applicable, the corrective action plan under section 5221(d) has been implemented; the Administrator of the Federal Motor Carrier Safety Administration has fully implemented or satisfactorily addressed the issues raised in the report titled Modifying the Compliance, Safety, Accountability Program Would Improve the Ability to Identify High Risk Carriers of the Government Accountability Office and dated February 2014 (GAO–14–114); and the CSA program has been modified in accordance with section 5222.
Information regarding alerts and the relative percentile for each BASIC developed under the CSA program may not be used for safety fitness determinations until the Inspector General of the Department makes the certification under subsection (a). Notwithstanding any other provision of this section, inspection and violation information submitted to the Federal Motor Carrier Safety Administration by commercial motor vehicle inspectors and qualified law enforcement officials, out-of-service rates, and absolute measures shall remain available to the public.
Notwithstanding any other provision of this section— the Federal Motor Carrier Safety Administration and State and local commercial motor vehicle enforcement agencies may use the information referred to in subsection
(a)for purposes of investigation and enforcement prioritization; and a motor carrier and a commercial motor vehicle driver may access information referred to in subsection
(a)that relates directly to the motor carrier or driver, respectively. Nothing in this section may be construed to restrict the official use by State enforcement agencies of the data collected by State enforcement personnel.