Commercial Motor Vehicle Safety Act of 1979

(Measure passed Senate, amended, roll call #43 (69-16))

Commercial Motor Vehicle Safety Act of 1980 - =Title I: Commercial Motor Vehicle Safety= - Directs the Secretary of Transportation to establish and revise safety rules and regulations to assure that: (1) commercial motor vehicles are safely maintained, equipped, loaded, and operated; (2) the responsibilities imposed upon drivers of such vehicles do not impair a driver's ability to operate safely; (3) the physical condition of such drivers will be adequate to enable them to drive safely; and (4) the operation of such vehicles does not create deleterious effects on the physical condition of such drivers. Permits the Secretary to waive such requirements when he determines that such waiver is in the public interest and consistent with the safe operation of such vehicles.

Directs the Secretary and the Director of the National Institute for Occupational Safety and Health, in consultation with the Secretary of Labor, to: (1) study the health hazards to which the operators of commercial vehicles are exposed; (2) develop materials and information to make such operators aware of such hazards; and (3) coordinate their activities to insure adequate protection of the safety and health of such operators.

Authorizes the Secretary to conduct research, development, demonstrations, and training activities to develop such rules and regulations.

Authorizes the Secretary to perform specified acts in carrying out his functions under this Act, including: (1) investigations and inspections without advance notice; (2) requiring the production of documents, records, and property; (3) holding hearings; (4) prescribing recordkeeping and reporting requirements; and (5) delegating enforcement functions to a State with an approved plan.

Requires a warrant for such unannounced inspections except as specified. Sets forth the requirements to be met in acquiring such warrant.

Requires the Secretary to timely investigate nonfrivolous complaints alleging a material violation of safety or health rules or regulations. Sets forth civil and criminal penalties for such violations. Provides for judicial review of final orders with respect to such alleged violations.

Prohibits any person from discriminating or taking punitive actions against an employee who complains of health or safety violations, who participates in any proceeding regarding such alleged violations, or who refuses to operate a vehicle when to do so would violate motor safety regulations or place such operator in bona fide danger of an accident, injury, or serious impairment of health resulting from an unsafe condition.

Requires States which agree to enforce this Act to submit an enforcement plan to the Secretary for approval. Sets forth requirements which must be included in any such plan. Authorizes the Secretary to make grants to States for the development and implementation of such plans.

States that the Secretary may not approve any plan which does not provide for the maintenance of a specified level of State and local funding for such plans. Permits any State agency to adopt additional or more stringent rules and regulations for commercial motor vehicle safety which are not inconsistent with Federal rules.

States that existing hour-of-service regulations in each State for totally in-State transportation shall remain unaffected except by the affirmative determination of the Secretary.

Directs that, by grants made under this title, the Secretary shall reimburse any State up to 80 percent of the costs incurred in the development and implementation of such plans. Authorizes appropriations for fiscal years 1981, 1982, and 1983 for enforcement actions under this Act.

Requires the Secretary to include in his annual report a written report on the efforts and plans to upgrade the safety and health of operators of commercial motor vehicles. Directs the Secretary to report to Congress on the advisability of establishing a national commercial driver register to upgrade commercial motor vehicle safety through improved monitoring of traffic violations and accidents and of multiple State licensing.

Excludes from coverage of this Act the operation of farming and logging vehicles.

Directs the Secretary to establish a Commercial Motor Vehicle Safety Advisory Committee and to appoint its initial members. Sets forth composition and terms and conditions of membership on such committee. Directs such committee to advise the Secretary on: (1) activities within the Department in the field of commercial motor vehicle safety; (2) submitted research projects or programs; and (3) proposed rules and regulations.

Prohibits any State from enacting or enforcing any laws: (1) denying reasonable access to the Interstate Highway System; or (2) providing a gross maximum weight limit of less than 80,000 pounds or a gross overall length limit of less than 65 feet for vehicles using such system. Permits States to issue special permit authority for the use of specially designed traffic lanes for vehicles having a width of up to 102 inches.

=Title II: Safety Aspects of Fit, Willing, and Able Determinations= - Directs the Interstate Commerce Commission to seek the advice of the Secretary of Transportation regarding the safety-related aspects of the transportation or other services a person is applying to provide. Prohibits the Commission from authorizing a person to provide transportation or other services if the Secretary has determined such person to be not fit, willing, or able with regard to the safety-related aspects of such service.

Exempts services as a broker or water carrier from such requirement.

Directs the Secretary to request the Commission to revoke or suspend the authority of a person who, with regard to safety-related matters, becomes unfit, or unwilling, and unable to provide such services when the Secretary determines that continuation of such service would pose an imminent hazard to safety. Directs the Secretary to promulgate regulations establishing the basis for such determinations. Grants all persons affected by such determinations an opportunity for a hearing and review.

=Title III: Miscellaneous Provisions= - Continues the effect of specified rules and regulations relating to commercial motor vehicle safety until modified by the Secretary.

Authorizes appropriations for: (1) a study of health hazards facing truck drivers; (2) a report concerning the advisability of establishing a national commercial driver register; and (3) the activities of the Commercial Motor Vehicle Safety Advisory Committee.