§ 5223. DATA CERTIFICATION.
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/usc/title-49/section-5223A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In General .— On and after the date that is 1 day after the date of enactment of this Act [ Dec. 4, 2015 ], 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 general public 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 Secretary [of Transportation] has initiated modification of the CSA program in accordance with section 5222.
Limitation on the Use of CSA Analysis .— 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). Continued Public Availability of Data .— 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.
Exceptions.— In general .— 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; 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; and a 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. Notation .— The notation described in paragraph (1)(C) shall include the following: ‘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.’. Rule of construction .— Nothing in this section may be construed to restrict the official use by State enforcement agencies of the data collected by State enforcement personnel.