Page:United States Statutes at Large Volume 102 Part 5.djvu/523

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PUBLIC LAW 100-000—MMMM. DD, 1988

PUBLIC LAW 100-690—NOV. 18, 1988

102 STAT. 4529

cial zone thereof which encompasses a border between the United States and a contiguous foreign country; (B) the State in which such municipality or commercial zone is located has in effect a law or regulation pertaining to commercial motor vehicle safety which applies to such carrier; and (C) such State has adopted and is enforcing the North American Commercial Vehicle Critical Safety Inspection Items and Out-of-Service Criteria established by the Commercial Vehicle Safety Alliance. (2) REPORT.—Within 9 months after the date of the enactment of this Act, the Secretary shall submit a report to Congress on the effects of the delay in application of part 393 of title 49 of the Code of Federal Regulations provided by the Secretary under paragraph (1) together with recommendations on the extent to which foreign motor carriers and foreign motor private carriers may or should be required to comply with all or any of the requirements contained in such part 393. (c) SAVINGS CLAUSE.—The amendment made by subsection (a) 49 USC 3102 shall not be construed as having any effect on the enactment of note. subsection (d) of section 3102 of title 49, United States Code, which subsection (d) was added to such section by section 206(h) of the Motor Carrier Safety Act of 1984 on October 30, 1984. SEC. 9103. HOURS OF SERVICE.

(a) STUDY.—The Secretary shall conduct a study of the hours of service regulations pertaining to operators of commercial motor vehicles as in effect under title 49 of the Code of Federal Regulations on the date of the enactment of this Act. The purpose of such study shall be to determine if there is any relationship among (1) such regulations, (2) operator fatigue, and (3) the frequency of serious accidents involving such vehicles. (b) REPORT.—Not later than 2 years after the date of the enactment of this Act, the Secretary shall submit a report to Congress on the results of the study conducted under this section together with such recommendations (including legislative recommendations) for modifying the regulations referred to in subsection (a) as the Secretary determines appropriate taking into account the results of such study.

49 USC app.

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SEC. 9104. IMPROVED COMPLIANCE WITH HOURS OF SERVICE REGULATIONS.

49 USC app. 2505 note.

(a) RULEMAKING PROCEEDING.—Not later than 3 months after the date of the enactment of this Act, the Secretary shall initiate a rulemaking proceeding on the need to adopt methods for improving safety with respect to compliance by operators of commercial motor vehicles with hours of service regulations of the Department of Transportation, including the use of onboard monitoring devices on commercial motor vehicles to record speed, driving time, and other information. Such proceeding shall be completed within 1 year after the date of the enactment of this Act. (b) LIMITATION ON THE U S E OF MONITORING DEVICES.—Any rule which the Secretary issues regarding the use of onboard monitoring devices on commercial motor vehicles shall ensure that such devices are not used for the purpose of harassment of operators of such vehicles, but such devices may be used for the purpose of monitoring the productivity of such operators.

Safety.