Sec. 32003. Data certification
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/bill/114/hr/22/eas/section-32003A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Beginning not later than 1 day after the date of enactment of this Act, none of the analysis of violation information, enforcement prioritization, not-at-fault crashes, alerts, or the relative percentile for each Behavioral Analysis and Safety Improvement Category developed through the CSA program may be made available to the general public, but violation and inspection information submitted by the States may be presented, until the Inspector General of the Department of Transportation certifies that— any deficiencies identified in the correlation study required under section 32001 have been addressed; the corrective action plan has been implemented and the concerns raised by the correlation study under section 32001 have been addressed; the Administrator has fully implemented or satisfactorily addressed the issues raised in the February 2014 GAO report entitled Modifying the Compliance, Safety, Accountability Program Would Improve the Ability to Identify High Risk Carriers (GAO–14–114), which called into question the accuracy and completeness of safety performance calculations; the study required under section 32001 has been published on a public website; and the CSA program has been modified in accordance with section 32002.
The enforcement prioritization, alerts, or the relative percentile for each Behavioral Analysis and Safety Improvement Category developed through the CSA program within the SMS system may not be used for safety fitness determinations until the requirements under subsection
(a)have been satisfied. Inspection and violation information submitted to the Federal Motor Carrier Safety Administration by commercial motor vehicle inspectors and qualified law enforcement officials shall remain available for public viewing. Notwithstanding the limitations set forth in subsections
(a)and (b)— the Federal Motor Carrier Safety Administration and State and local commercial motor vehicle enforcement agencies may only use the information referred to in subsection
(a)for purposes of investigation and enforcement prioritization; motor carriers and commercial motor vehicle drivers may access information referred to in subsection
(a)that relates directly to the motor carrier or driver, respectively; and the data analysis of motorcoach operators may be provided online, with a notation indicating that the ratings or alerts listed are not intended to imply any Federal safety rating of the carrier. The notation described under paragraph (1)(C) shall include: Readers should not draw conclusions about a carrier's overall safety condition simply based on the data displayed in this system. Unless a motor carrier has received an UNSATISFACTORY safety rating under part 385 of title 49, Code of Federal Regulations, or has otherwise been ordered to discontinue operations by the Federal Motor Carrier Safety Administration, it is authorized to operate on the Nation's roadways. . Nothing in subparagraphs
(A)and
(B)of paragraph
(1)may be construed to restrict the official use by State enforcement agencies of the data collected by State enforcement personnel. The certification process described in subsection
(a)shall occur concurrently with the implementation of SIMS under section 32002. The Secretary shall modify the CSA program in accordance with section 32002 not later than 1 year after the date of completion of the report described in section 32001(c).