49 USC 31136 – United States Government regulations
(a)
(1) commercial motor vehicles are maintained, equipped, loaded, and operated safely;
(2) the responsibilities imposed on operators of commercial motor vehicles do not impair their ability to operate the vehicles safely;
(3) the physical condition of operators of commercial motor vehicles is adequate to enable them to operate the vehicles safely and the periodic physical examinations required of such operators are performed by medical examiners who have received training in physical and medical examination standards and, after the national registry maintained by the Department of Transportation under section 31149(d) is established, are listed on such registry;
(4) the operation of commercial motor vehicles does not have a deleterious effect on the physical condition of the operators; and
(5) an operator of a commercial motor vehicle is not coerced by a motor carrier, shipper, receiver, or transportation intermediary to operate a commercial motor vehicle in violation of a regulation promulgated under this section, or chapter 51 or chapter 313 of this title.
(b)
(c)
(2) Before prescribing regulations under this section, the Secretary shall consider, to the extent practicable and consistent with the purposes of this chapter—
(A) costs and benefits; and
(B) State laws and regulations on commercial motor vehicle safety, to minimize their unnecessary preemption.
(d)
(e)
(f)
(1)
(A) consider the effects of the proposed or final rule on different segments of the motor carrier industry; and
(B) formulate estimates and findings based on the best available science.
(2)
(A) use data that is representative of commercial motor vehicle operators or motor carriers, or both, that will be impacted by the proposed or final rule; and
(B) consider the effects on commercial truck and bus carriers of various sizes and types.
(g)
(1)
(A) issue an advance notice of proposed rulemaking; or
(B) proceed with a negotiated rulemaking.
(2)
(A) identify the need for a potential regulatory action;
(B) identify and request public comment on the best available science or technical information relevant to analyzing potential regulatory alternatives;
(C) request public comment on the available data and costs with respect to regulatory alternatives reasonably likely to be considered as part of the rulemaking; and
(D) request public comment on available alternatives to regulation.
(3)
(h)