republic-os/legal/us/code/title-49/chapter-5/section-508.md

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LegalText	49 U.S.C. § 508	Safety performance history of new drivers; limitation on liability	us	united_states_code	code_section	49	TRANSPORTATION	5	SPECIAL AUTHORITY	508	49 U.S.C. § 508	current	119-100	2026-06-26	official	https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc49@119-100.zip	/us/usc/t49/s508	data/legal/raw/us/code/title-49/usc49.xml	e93e888ac6aca2b24d5c4b0b3125e0dc7b546925b56c1939efe29714c7b7b6d1	0786acdd244d8f42c5a8e8ed1ec2a8dcb47dd0e02a286752710a20745702a4fb	9b1f42ed44d43e083c6d1eb0351a3fdb0c83dd59fbdef2654de4f0b2040611df	2026-07-04	official	legal us-code

49 U.S.C. § 508 - Safety performance history of new drivers; limitation on liability

Text

(a) Limitation on Liability.— No action or proceeding for defamation, invasion of privacy, or interference with a contract that is based on the furnishing or use of safety performance records in accordance with regulations issued by the Secretary may be brought against—

(1) a motor carrier requesting the safety performance records of an individual under consideration for employment as a commercial motor vehicle driver as required by and in accordance with regulations issued by the Secretary;

(2) a person who has complied with such a request; or

(3) the agents or insurers of a person described in paragraph (1) or (2).

(b) Restrictions on Applicability.— (1) Motor carrier requesting.— Subsection (a) does not apply to a motor carrier requesting safety performance records unless—

(A) the motor carrier and any agents of the motor carrier have complied with the regulations issued by the Secretary in using the records, including the requirement that the individual who is the subject of the records be afforded a reasonable opportunity to review and comment on the records;

(B) the motor carrier and any agents and insurers of the motor carrier have taken all precautions reasonably necessary to protect the records from disclosure to any person, except for such an insurer, not directly involved in deciding whether to hire that individual; and

(C) the motor carrier has used those records only to assess the safety performance of the individual who is the subject of those records in deciding whether to hire that individual.

(2) Person complying with requests.— Subsection (a) does not apply to a person complying with a request for safety performance records unless—

(A) the complying person and any agents of the complying person have taken all precautions reasonably necessary to ensure the accuracy of the records and have complied with the regulations issued by the Secretary in furnishing the records, including the requirement that the individual who is the subject of the records be afforded a reasonable opportunity to review and comment on the records; and

(B) the complying person and any agents and insurers of the complying person have taken all precautions reasonably necessary to protect the records from disclosure to any person, except for such an insurer, not directly involved in forwarding the records.

(3) Persons knowingly furnishing false information.— Subsection (a) does not apply to persons who knowingly furnish false information.

(c) Preemption of State and Local Law.— No State or political subdivision thereof may enact, prescribe, issue, continue in effect, or enforce any law (including any regulation, standard, or other provision having the force and effect of law) that prohibits, penalizes, or imposes liability for furnishing or using safety performance records in accordance with regulations issued by the Secretary to carry out this section. Notwithstanding any provision of law, written authorization shall not be required to obtain information on the motor vehicle driving record of an individual under consideration for employment with a motor carrier.

(Added Pub. L. 105–178, title IV, § 4014(a)(1), June 9, 1998, 112 Stat. 409.)

Notes

Editorial Notes

Codification Pub. L. 105–178, title IV, § 4014(a)(1), June 9, 1998, 112 Stat. 409, which directed the addition of section 508 at end of this chapter, was executed by adding this section at the end of subchapter I of this chapter to reflect the probable intent of Congress.

Prior ProvisionsA prior section 508, added Pub. L. 102–548, § 2(a), Oct. 28, 1992, 106 Stat. 3646, related to certification of weights and description, prior to repeal by Pub. L. 103–272, § 4(j)(11)(B), July 5, 1994, 108 Stat. 1368. See chapter 59 of this title.

Statutory Notes and Related Subsidiaries

Effective DatePub. L. 105–178, title IV, § 4014(b), June 9, 1998, 112 Stat. 411, provided that: “The amendments made by subsection (a) [enacting this section] shall take effect on January 31, 1999.”