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Code · U.S. Code · Title 49 - TRANSPORTATION · CHAPTER 51— TRANSPORTATION OF HAZARDOUS MATERIAL · SUBCHAPTER I— GENERAL AUTHORITY AND STATE GRANTS · § 5222

§ 5222. BEYOND COMPLIANCE.

449 words·~2 min read·/usc/title-49/section-5222

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In General .— Not later than 18 months after the date of enactment of this Act [ Dec. 4, 2015 ], the Administrator shall allow recognition, including credit or an improved SMS percentile, for a motor carrier that— installs advanced safety equipment; uses enhanced driver fitness measures; adopts fleet safety management tools, technologies, and programs; or satisfies other standards determined appropriate by the Administrator. Implementation .— The Administrator shall carry out subsection
(a)by— incorporating a methodology into the CSA program; or establishing a safety BASIC in the SMS. Process.— In general .— The Administrator, after providing notice and an opportunity for comment, shall develop a process for identifying and reviewing advanced safety equipment, enhanced driver fitness measures, fleet safety management tools, technologies, and programs, and other standards for use by motor carriers to receive recognition, including credit or an improved SMS percentile, for purposes of subsection (a). Contents .— A process developed under paragraph
(1)shall— provide for a petition process for reviewing advanced safety equipment, enhanced driver fitness measures, fleet safety management tools, technologies, and programs, and other standards; and seek input and participation from industry stakeholders, including commercial motor vehicle drivers, technology manufacturers, vehicle manufacturers, motor carriers, law enforcement, safety advocates, and the Motor Carrier Safety Advisory Committee. Qualification .— The Administrator, after providing notice and an opportunity for comment, shall develop technical or other performance standards with respect to advanced safety equipment, enhanced driver fitness measures, fleet safety management tools, technologies, and programs, and other standards for purposes of subsection (a). Monitoring .— The Administrator may authorize qualified entities to monitor motor carriers that receive recognition, including credit or an improved SMS percentile, under this section through a no-cost contract structure. Dissemination of Information .— The Administrator shall maintain on a publicly accessible Internet Web site of the Department information on— the advanced safety equipment, enhanced driver fitness measures, fleet safety management tools, technologies, and programs, and other standards eligible for recognition, including credit or an improved SMS percentile; any petitions for review of advanced safety equipment, enhanced driver fitness measures, fleet safety management tools, technologies, and programs, and other standards; and any relevant statistics relating to the use of advanced safety equipment, enhanced driver fitness measures, fleet safety management tools, technologies, and programs, and other standards. Report .— Not later than 3 years after the date of enactment of this Act, the Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the— number of motor carriers receiving recognition, including credit or an improved SMS percentile, under this section; and safety performance of such carriers.
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