(Added Pub. L. 104–88, title I, § 103,Dec. 29, 1995, 109 Stat. 913; amended Pub. L. 109–59, title IV, § 4209,Aug. 10, 2005, 119 Stat. 1758.)
References in Text
The Solid Waste Disposal Act, referred to in subsec. (b), is title II of Pub. L. 89–272
, as amended generally by Pub. L. 94–580
, § 2,Oct. 21, 1976, 90 Stat. 2795
, which is classified generally to chapter 82 (§ 6901 et seq.) of Title 42, The Public Health and Welfare. Section 3001 of the Act is classified to section
. For complete classification of this Act to the Code, see Short Title note set out under section
Provisions similar to those in this section were contained in sections
of this title prior to the general amendment of this subtitle by Pub. L. 104–88
, § 102(a).
2005—Subsec. (d). Pub. L. 109–59
designated existing provisions as par. (1), inserted heading, and added pars. (2) and (3).
Chapter effective Jan. 1, 1996, except as otherwise provided in Pub. L. 104–88
, see section 2 ofPub. L. 104–88
, set out as a note under section
of this title.
Foreign Motor Carrier Penalties and Disqualifications
Pub. L. 106–159
, title II, § 219,Dec. 9, 1999, 113 Stat. 1768
, provided that:
“(a) General Rule.—Subject to subsections (b) and (c), a foreign motor carrier or foreign motor private carrier (as such terms are defined under section
, United States Code) that operates without authority, before the implementation of the land transportation provisions of the North American Free Trade Agreement, outside the boundaries of a commercial zone along the United States-Mexico border shall be liable to the United States for a civil penalty and shall be disqualified from operating a commercial motor vehicle anywhere within the United States as provided in subsections (b) and (c).
“(b) Penalty for Intentional Violation.—The civil penalty for an intentional violation of subsection (a) by a carrier shall not be more than $10,000 and may include a disqualification from operating a commercial motor vehicle anywhere within the United States for a period of not more than 6 months.
“(c) Penalty for Pattern of Intentional Violations.—The civil penalty for a pattern of intentional violations of subsection (a) by a carrier shall not be more than $25,000 and the carrier shall be disqualified from operating a commercial motor vehicle anywhere within the United States and the disqualification may be permanent.
“(d) Leasing.—Before the implementation of the land transportation provisions of the North American Free Trade Agreement, during any period in which a suspension, condition, restriction, or limitation imposed under section
, United States Code, applies to a motor carrier (as defined in section 13902(e) of such title), that motor carrier may not lease a commercial motor vehicle to another motor carrier or a motor private carrier to transport property in the United States.
“(e) Savings Clause.—No provision of this section may be enforced if it is inconsistent with any international agreement of the United States.
“(f) Acts of Employees.—The actions of any employee driver of a foreign motor carrier or foreign motor private carrier committed without the knowledge of the carrier or committed unintentionally shall not be grounds for penalty or disqualification under this section.”