Sec. 32005. Accident report information

508 words·~2 min read·/bill/114/hr/22/eas/section-32005

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

The Administrator shall initiate a demonstration program that allows motor carriers and drivers to request a review of crashes, and the removal of crash data for use in the Federal Motor Carrier Safety Administration's safety measurement system of crashes, and removal from any weighting, or carrier safety analysis, if the commercial motor vehicle was operated legally and another motorist in connection with the crash is found— to have been driving under the influence; to have been driving the wrong direction on a roadway; to have struck the commercial motor vehicle in the rear; to have struck the commercial motor vehicle which was legally stopped; by the investigating officer or agency to have been responsible for the crash; or to have committed other violations determined by the Administrator.

As part of a request for review under subsection (a), the motor carrier or driver shall submit a copy of available police reports, crash investigations, judicial actions, insurance claim information, and any related court actions submitted by each party involved in the accident. Following a notice and comment period, the Administrator may solicit other types of information to be collected under subsection

(b)to facilitate appropriate reviews under this section. The Federal Motor Carrier Safety Administration shall review the information submitted under subsections

(b)and (c). Subject to subsection (h)(2), the results of the review under subsection (a)— shall be used to recalculate the motor carrier’s crash BASIC percentile; if the carrier is determined not to be responsible for the crash incident, such information, shall be reflected on the website of the Federal Motor Carrier Safety Administration; and shall not be admitted as evidence or otherwise used in a civil action. The Administrator may establish a fee system, in accordance with section 9701 of title 31, United States Code, in which a motor carrier is charged a fee for each review of a crash requested by such motor carrier under this section. Fees collected under this section— may be credited to the Department of Transportation appropriations account for purpose of carrying out this section; and shall be used to fully fund the operation of the review program authorized under this section. Not earlier than 2 years after the establishment of the demonstration program under this section, the Administrator shall— conduct a review of the internal crash review program to determine if other crash types should be included; and submit a report to Congress that describes— the number of crashes reviewed; the number of crashes for which the commercial motor vehicle operator was determined not to be at fault; and relevant information relating to the program, including the cost to operate the program and the fee structure established. The Administrator shall ensure that the activities described in subsections

(a)through

(d)of this section are not required under section 31102 of title 49, United States Code, as amended by this Act. If a review under subsection

(a)involves a fatality, the Inspector General of the Department of Transportation shall audit and certify the review prior to making any changes under subsection (e).