§ 31106.
(a)
Information Systems and Data Analysis.—
(1)
In general.—
Subject to the provisions of this section, the Secretary shall establish and operate motor carrier, commercial motor vehicle, and driver information systems and data analysis programs to support safety regulatory and enforcement activities required under this title.
(2)
Network coordination.—
In cooperation with the States, the information systems under this section shall be coordinated into a network providing accurate identification of motor carriers and drivers, commercial motor vehicle registration and license tracking, and motor carrier, commercial motor vehicle, and driver safety performance data.
(3)
Data analysis capacity and programs.—
The Secretary shall develop and maintain under this section data analysis capacity and programs that provide the means to—
(A)
identify and collect necessary motor carrier, commercial motor vehicle, and driver data;
(B)
evaluate the safety fitness of motor carriers and drivers;
(C)
develop strategies to mitigate safety problems and to use data analysis to address and measure the effectiveness of such strategies and related programs;
(D)
determine the cost-effectiveness of Federal and State safety compliance and enforcement programs and other countermeasures;
(E)
adapt, improve, and incorporate other information and information systems as the Secretary determines appropriate;
(F)
ensure, to the maximum extent practical, all the data is complete, timely, and accurate across all information systems and initiatives;
(G)
establish and implement a national motor carrier safety data correction system; and
(H)
determine whether a person or employer is or was related, through common ownership, common management, common control, or common familial relationship, to any other person, employer, or any other applicant for registration under section 13902 or 31134.
(4)
Standards.—
To implement this section, the Secretary shall prescribe technical and operational standards to ensure—
(A)
uniform, timely, and accurate information collection and reporting by the States and other entities as determined appropriate by the Secretary;
(B)
uniform Federal, State, and local policies and procedures necessary to operate the information system; and
(C)
the reliability and availability of the information to the Secretary and States.
(b)
Performance and Registration Information Systems Management.—
(1)
Information clearinghouse.—
The Secretary shall include, as part of the motor carrier information system authorized by this section, a program to establish and maintain a clearinghouse and repository of information related to State registration and licensing of commercial motor vehicles, the registrants of such vehicles, and the motor carriers operating such vehicles. The clearinghouse and repository may include information on the safety fitness of each of the motor carriers and registrants and other information the Secretary considers appropriate, including information on motor carrier, commercial motor vehicle, and driver safety performance.
(2)
Design.—
The program shall link Federal motor carrier safety information systems with State commercial vehicle registration and licensing systems and shall be designed to enable a State to—
(A)
determine the safety fitness of a motor carrier or registrant when licensing or registering the registrant or motor carrier or while the license or registration is in effect; and
(B)
deny, suspend, or revoke the commercial motor vehicle registrations of a motor carrier or registrant that has been issued an operations out-of-service order by the Secretary.
(3)
Conditions for participation.—
The Secretary shall require States, as a condition of participation in the program, to—
(A)
comply with the uniform policies, procedures, and technical and operational standards prescribed by the Secretary under subsection (a)(4);
(B)
possess or seek the authority to possess for a time period no longer than determined reasonable by the Secretary, to impose sanctions relating to commercial motor vehicle registration on the basis of a Federal safety fitness determination; and
(C)
establish and implement a process—
(i)
to cancel the motor vehicle registration and seize the registration plates of a vehicle when an employer is found liable under section 31310(i)(2)(C) for knowingly allowing or requiring an employee to operate such a commercial motor vehicle in violation of an out-of-service order; and
(ii)
to reinstate the vehicle registration or return the registration plates of the commercial motor vehicle, subject to sanctions under clause (i), if the Secretary permits such carrier to resume operations after the date of issuance of such order.
(d)
Cooperative Agreements, Grants, and Contracts.—
The Secretary may carry out this section either independently or in cooperation with other Federal departments, agencies, and instrumentalities, or by making grants to, and entering into contracts and cooperative agreements with, States, local governments, associations, institutions, corporations, and other persons.
([Pub. L. 103–272, § 1(e)], July 5, 1994, [108 Stat. 991]; [Pub. L. 105–178, title IV, § 4004(a)], June 9, 1998, [112 Stat. 398]; [Pub. L. 109–59, title IV], §§ 4108(a), 4109(a), Aug. 10, 2005, [119 Stat. 1720]; [Pub. L. 112–141, div. C, title II], §§ 32103(b), 32306, 32508, 32602, July 6, 2012, [126 Stat. 780], 793, 805, 807; [Pub. L. 114–94, div. A, title V], §§ 5101(e)(2), 5102, Dec. 4, 2015, [129 Stat. 1525], 1526.)