Sec. 5224. Interim hiring standard

421 words·~2 min read·/bill/114/hr/22/eah/section-5224

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

In this section, the following definitions apply: The term entity means a person acting as— a shipper, other than an individual shipper (as that term is defined in section 13102 of title 49, United States Code), or a consignee; a broker or a freight forwarder (as such terms are defined in section 13102 of title 49, United States Code); a non-vessel-operating common carrier, an ocean freight forwarder, or an ocean transportation intermediary (as such terms are defined in section 40102 of title 46, United States Code); an indirect air carrier authorized to operate under a Standard Security Program approved by the Transportation Security Administration; a customs broker licensed in accordance with section 111.2 of title 19, Code of Federal Regulations; an interchange motor carrier subject to paragraphs (1)(B) and

(2)of section 13902(i) of title 49, United States Code; or a warehouse (as defined in section 7–102(13) of the Uniform Commercial Code). The term motor carrier means a motor carrier (as that term is defined in section 13102 of title 49, United States Code) that is subject to Federal motor carrier financial responsibility and safety regulations. Subsection

(c)shall only be applicable to entities who, before tendering a shipment, but not more than 35 days before the pickup of the shipment by the hired motor carrier, verify that the motor carrier, at the time of such verification— is registered with and authorized by the Federal Motor Carrier Safety Administration to operate as a motor carrier, if applicable; has the minimum insurance coverage required by Federal law; and has a satisfactory safety fitness determination issued by the Federal Motor Carrier Safety Administration in force. With respect to an entity who completed a verification under subsection (b), only information regarding the entity’s compliance or noncompliance with subsection

(b)may be admitted as evidence or otherwise used against the entity in a civil action for damages resulting from a claim of negligent selection or retention of a motor carrier. With respect to an entity who completed a verification under subsection (b), motor carrier data (other than the information described in paragraph (1)) created or maintained by the Federal Motor Carrier Safety Administration, including SMS data or analysis of such data, may not be admitted into evidence in a case or proceeding in which it is asserted or alleged that the entity’s selection or retention of a motor carrier was negligent. This section shall cease to be effective on the date on which the Inspector General of the Department makes the certification under section 5223(a).