§ 1841. — Motor vehicle safety.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 29USC1841]
TITLE 29--LABOR
CHAPTER 20--MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION
SUBCHAPTER IV--FURTHER PROTECTIONS FOR MIGRANT AND SEASONAL AGRICULTURAL
WORKERS
Sec. 1841. Motor vehicle safety
(a) Mode of transportation subject to coverage
(1) Except as provided in paragraph (2), this section applies to the
transportation of any migrant or seasonal agricultural worker.
(2) This section does not apply to the transportation of any migrant
or seasonal agricultural worker on a tractor, combine, harvester,
picker, or other similar machinery and equipment while such worker is
actually engaged in the planting, cultivating, or harvesting of any
agricultural commodity or the care of livestock or poultry.
(b) Applicability of standards, licensing, and insurance requirements;
promulgation of regulations for standards; criteria, etc., for
regulations; amount of insurance required
(1) When using, or causing to be used, any vehicle for providing
transportation to which this section applies, each agricultural
employer, agricultural association, and farm labor contractor shall--
(A) ensure that such vehicle conforms to the standards
prescribed by the Secretary under paragraph (2) of this subsection
and other applicable Federal and State safety standards,
(B) ensure that each driver has a valid and appropriate license,
as provided by State law, to operate the vehicle, and
(C) have an insurance policy or a liability bond that is in
effect which insures the agricultural employer, the agricultural
association, or the farm labor contractor against liability for
damage to persons or property arising from the ownership, operation,
or the causing to be operated, of any vehicle used to transport any
migrant or seasonal agricultural worker.
(2)(A) For purposes of paragraph (1)(A), the Secretary shall
prescribe such regulations as may be necessary to protect the health and
safety of migrant and seasonal agricultural workers.
(B) To the extent consistent with the protection of the health and
safety of migrant and seasonal agricultural workers, the Secretary
shall, in promulgating regulations under subparagraph (A), consider,
among other factors--
(i) the type of vehicle used,
(ii) the passenger capacity of the vehicle,
(iii) the distance which such workers will be carried in the
vehicle,
(iv) the type of roads and highways on which such workers will
be carried in the vehicle,
(v) the extent to which a proposed standard would cause an undue
burden on agricultural employers, agricultural associations, or farm
labor contractors.
(C) Standards prescribed by the Secretary under subparagraph (A)
shall be in addition to, and shall not supersede or modify, any standard
under part B of subtitle IV of title 49, or regulations issued
thereunder, which is independently applicable to transportation to which
this section applies. A violation of any such standard shall also
constitute a violation under this chapter.
(D) In the event that the Secretary fails for any reason to
prescribe standards under subparagraph (A) by the effective date of this
chapter, the standards prescribed under section 31502 of title 49,
relating to the transportation of migrant workers, shall, for purposes
of paragraph (1)(A), be deemed to be the standards prescribed by the
Secretary under this paragraph, and shall, as appropriate and reasonable
in the circumstances, apply (i) without regard to the mileage and
boundary line limitations contained in such section, and (ii) until
superseded by standards actually prescribed by the Secretary in
accordance with this paragraph.
(3) The level of insurance required under paragraph (1)(C) shall be
determined by the Secretary considering at least the factors set forth
in paragraph (2)(B) and similar farmworker transportation requirements
under State law.
(c) Adjustments of insurance requirements in the event of workers'
compensation coverage
If an agricultural employer, agricultural association, or farm labor
contractor is the employer of any migrant or seasonal agricultural
worker for purposes of a State workers' compensation law and such
employer provides workers' compensation coverage for such worker in the
case of bodily injury or death as provided by such State law, the
following adjustments in the requirements of subsection (b)(1)(C) of
this section relating to having an insurance policy or liability bond
apply:
(1) No insurance policy or liability bond shall be required of
the employer, if such workers are transported only under
circumstances for which there is coverage under such State law.
(2) An insurance policy or liability bond shall be required of
the employer for circumstances under which coverage for the
transportation of such workers is not provided under such State law.
(d) Time for promulgation of regulations for standards implementing
requirements; revision of standards
The Secretary shall, by regulations promulgated in accordance with
section 1861 of this title not later than the effective date of this
chapter, prescribe the standards required for the purposes of
implementing this section. Any subsequent revision of such standards
shall also be accomplished by regulation promulgated in accordance with
such section.
(Pub. L. 97-470, title IV, Sec. 401, Jan. 14, 1983, 96 Stat. 2594; Pub.
L. 104-49, Sec. 5(a), Nov. 15, 1995, 109 Stat. 434; Pub. L. 104-88,
title III, Sec. 333, Dec. 29, 1995, 109 Stat. 953.)
References in Text
The effective date of this chapter, referred to in subsecs.
(b)(2)(D) and (d), is the effective date of Pub. L. 97-470, which is
ninety days from the date of enactment of Pub. L. 97-470, which was
approved Jan. 14, 1983.
Codification
In subsec. (b)(2)(D), ``section 31502 of title 49'' substituted for
``section 3102 of title 49'' on authority of Pub. L. 103-272,
Secs. 1(c), (e), 6(b), July 5, 1994, 108 Stat. 745, 862, 1029, 1378.
Previously, ``section 3102 of title 49'' substituted for ``section
204(a)(3a) of the Interstate Commerce Act (49 U.S.C. 304(a)(3a))'' on
authority of Pub. L. 97-449, Sec. 6(b), Jan. 12, 1983, 96 Stat. 2443,
the first section of which enacted subtitle I (Sec. 101 et seq.) and
chapter 31 (Sec. 3101 et seq.) of subtitle II of Title 49,
Transportation.
Amendments
1995--Subsec. (b)(2)(C). Pub. L. 104-88 substituted ``part B of
subtitle IV of title 49'' for ``part II of the Interstate Commerce Act,
or any successor provision of subtitle IV of title 49''.
Subsec. (b)(3). Pub. L. 104-49 amended par. (3) generally. Prior to
amendment, par. (3) read as follows: ``The level of the insurance
required by paragraph (1)(C) shall be at least the amount currently
required for common carriers of passengers under part II of the
Interstate Commerce Act, and any successor provision of subtitle IV of
title 49, and regulations prescribed thereunder.''
Effective Date of 1995 Amendments
Amendment by Pub. L. 104-88 effective Jan. 1, 1996, see section 2 of
Pub. L. 104-88, set out as an Effective Date note under section 701 of
Title 49, Transportation.
Section 5(c) of Pub. L. 104-49 provided that: ``The amendment made
by subsection (a) [amending this section] takes effect upon the
expiration of 180 days after the date of enactment of this Act [Nov. 15,
1995] or upon the issuance of final regulations under subsection (b)
[set out below], whichever occurs first.''
Regulations
Section 5(b) of Pub. L. 104-49 provided that: ``Within 180 days of
the date of the enactment of this Act [Nov. 15, 1995], the Secretary of
Labor shall promulgate regulations establishing insurance levels under
section 401(b)(3) of the Migrant and Seasonal Agricultural Worker
Protection Act (29 U.S.C. 1841(b)(3)) as amended by subsection (a).''
[Final regulations implementing Pub. L. 104-49 were signed May 13, 1996,
published May 16, 1996, 61 F.R. 24858, and effective the same day.]
Section Referred to in Other Sections
This section is referred to in sections 1812, 1854 of this title.
