Legal corpus: the complete U.S. Code (59,740 sections, all 53 titles)

Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code
now, uniform edition; Title 53 is reserved/empty). LegalText 11,221 ->
59,740; repo total 105,704 records. Deterministic (byte-identical rerun,
verified on Title 42's 8,356 sections); make check green. make
legal-us-code default now covers every title.

Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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---
type: "LegalText"
title: "49 U.S.C. § 31101"
description: "Definitions"
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title_number: 49
title_name: "TRANSPORTATION"
chapter_number: "311"
chapter_name: "COMMERCIAL MOTOR VEHICLE SAFETY"
section: "31101"
citation: "49 U.S.C. § 31101"
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---
# 49 U.S.C. § 31101 - Definitions
## Text
In this subchapter—
(1) “commercial motor vehicle” means (except in section 31106) a self-propelled or towed vehicle used on the highways in commerce principally to transport passengers or cargo, if the vehicle—
(A) has a gross vehicle weight rating or gross vehicle weight of at least 10,001 pounds, whichever is greater;
(B) is designed to transport more than 10 passengers including the driver; or
(C) is used in transporting material found by the Secretary of Transportation to be hazardous under section 5103 of this title and transported in a quantity requiring placarding under regulations prescribed by the Secretary under section 5103.
(2) “employee” means a driver of a commercial motor vehicle (including an independent contractor when personally operating a commercial motor vehicle), a mechanic, a freight handler, or an individual not an employer, who—
(A) directly affects commercial motor vehicle safety in the course of employment by a commercial motor carrier; and
(B) is not an employee of the United States Government, a State, or a political subdivision of a State acting in the course of employment.
(3) “employer”—
(A) means a person engaged in a business affecting commerce that owns or leases a commercial motor vehicle in connection with that business, or assigns an employee to operate the vehicle in commerce; but
(B) does not include the Government, a State, or a political subdivision of a State.
(4) “State” means a State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.
(Pub. L. 103272, § 1(e), July 5, 1994, 108 Stat. 984; Pub. L. 105178, title IV, § 4003(a), June 9, 1998, 112 Stat. 395.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 3110149 App.:2301(1), (3)(6).Jan. 6, 1983, Pub. L. 97424, § 401(1), (3)(6), 96 Stat. 2154, 2155. 49 App.:2301(2).Jan. 6, 1983, Pub. L. 97424, § 401(2), 96 Stat. 2154; Oct. 30, 1984, Pub. L. 98554, § 228(a), (b), 98 Stat. 2852. Before clause (1), the words “unless the context otherwise requires” are omitted as unnecessary. The text of 49 App.:2301(4) is omitted as unnecessary because of 1:1. The text of 49 App.:2301(5) is omitted as surplus because the complete name of the Secretary of Transportation is used the first time the term appears in a section. In clause (1), before subclause (A), the words “(except in section 31106)” are added because the source provisions being restated in section 31106 of the revised title contain a definition of “commercial motor vehicle”. In clause (4), the words “the Commonwealth of” are omitted for consistency in the revised title and with other titles of the United States Code.
Editorial Notes
Amendments1998—Par. (1)(A). Pub. L. 105178, § 4003(a)(1), inserted “or gross vehicle weight” after “rating” and substituted “10,001 pounds, whichever is greater” for “10,000 pounds”. Par. (1)(C). Pub. L. 105178, § 4003(a)(2), inserted “and transported in a quantity requiring placarding under regulations prescribed by the Secretary under section 5103” before period at end.
Statutory Notes and Related Subsidiaries
Savings ClausePub. L. 105178, title IV, § 4003(h), June 9, 1998, 112 Stat. 398, provided that: “Amendments made by this section [amending this section and sections 31102 to 31104 of this title] shall not affect any funds made available before the date of enactment of this Act [June 9, 1998].”
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title_number: 49
title_name: "TRANSPORTATION"
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citation: "49 U.S.C. § 31103"
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# 49 U.S.C. § 31103 - Commercial motor vehicle operators grant program
## Text
(a) In General.— The Secretary shall administer a commercial motor vehicle operators grant program funded under section 31104.
(b) Purpose.— The purpose of the grant program is to train individuals in the safe operation of commercial motor vehicles (as defined in section 31301).
(c) Veterans.— In administering grants under this section, the Secretary shall award priority to grant applications for programs to train former members of the armed forces (as defined in section 101 of title 10) in the safe operation of such vehicles.
(Pub. L. 103272, § 1(e), July 5, 1994, 108 Stat. 987; Pub. L. 105178, title IV, § 4003(d), June 9, 1998, 112 Stat. 397; Pub. L. 10959, title IV, § 4307(a), Aug. 10, 2005, 119 Stat. 1774; Pub. L. 112141, div. C, title II, § 32933(c), (d), July 6, 2012, 126 Stat. 830; Pub. L. 11494, div. A, title V, § 5101(b), Dec. 4, 2015, 129 Stat. 1523.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 3110349 App.:2303.Jan. 6, 1983, Pub. L. 97424, § 403, 96 Stat. 2156; Dec. 18, 1991, Pub. L. 102240, § 4002(d), 105 Stat. 2142. The word “rules” is omitted as being synonymous with “regulations”.
Editorial Notes
Amendments2015—Pub. L. 11494 amended section generally. Prior to amendment, section related to United States Governments share of costs incurred by a State. 2012—Subsec. (a). Pub. L. 112141, § 32933(c), substituted “section 31102(b)(2)(E)” for “section 31102(b)(1)(E)”. Subsec. (b). Pub. L. 112141, § 32933(d), struck out “authorized by section 31104(f)(2)” after “public education activities”. 2005—Subsec. (a). Pub. L. 10959 substituted “31102(b)(1)(E)” for “31102(b)(1)(D)” and inserted before last sentence “Amounts generated under the unified carrier registration agreement under section 14504a and received by a State and used for motor carrier safety purposes may be included as part of the States share not provided by the United States.” 1998—Pub. L. 105178 designated existing provisions as subsec. (a), inserted subsec. heading, inserted “improve commercial motor vehicle safety and” after “implementing programs to”, and added subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 2015 AmendmentAmendment by Pub. L. 11494 effective Oct. 1, 2016, subject to a transition provision, see section 5101(f), (g) of Pub. L. 11494, set out as Effective Date of 2015 Amendment and Transition notes under section 31102 of this title.
Effective Date of 2012 AmendmentAmendment by Pub. L. 112141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
Relief for Recipients of Financial Assistance Awards for Fiscal Years 2019 and 2020Period of availability during which a recipient may expend grant amounts under this section extended for amounts awarded for fiscal years 2019 and 2020, see section 441 of div. N of Pub. L. 116260, set out as a note under section 31102 of this title.
Relationship to Other LawsExcept as provided in sections 14504, 14504a, and 14506 of this title, subtitle C (§§ 43014308) of title IV of Pub. L. 10959 is not intended to prohibit any State or any political subdivision of any State from enacting, imposing, or enforcing any law or regulation with respect to a motor carrier, motor private carrier, broker, freight forwarder, or leasing company that is not otherwise prohibited by law, see section 4302 of Pub. L. 10959, set out as a note under section 13902 of this title.
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title: "49 U.S.C. § 31105"
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title_number: 49
title_name: "TRANSPORTATION"
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# 49 U.S.C. § 31105 - Employee protections
## Text
(a) Prohibitions.— (1) A person may not discharge an employee, or discipline or discriminate against an employee regarding pay, terms, or privileges of employment, because—
(A) (i) the employee, or another person at the employees request, has filed a complaint or begun a proceeding related to a violation of a commercial motor vehicle safety or security regulation, standard, or order, or has testified or will testify in such a proceeding; or
(ii) the person perceives that the employee has filed or is about to file a complaint or has begun or is about to begin a proceeding related to a violation of a commercial motor vehicle safety or security regulation, standard, or order;
(B) the employee refuses to operate a vehicle because—
(i) the operation violates a regulation, standard, or order of the United States related to commercial motor vehicle safety, health, or security; or
(ii) the employee has a reasonable apprehension of serious injury to the employee or the public because of the vehicles hazardous safety or security condition;
(C) the employee accurately reports hours on duty pursuant to chapter 315;
(D) the employee cooperates, or the person perceives that the employee is about to cooperate, with a safety or security investigation by the Secretary of Transportation, the Secretary of Homeland Security, or the National Transportation Safety Board; or
(E) the employee furnishes, or the person perceives that the employee is or is about to furnish, information to the Secretary of Transportation, the Secretary of Homeland Security, the National Transportation Safety Board, or any Federal, State, or local regulatory or law enforcement agency as to the facts relating to any accident or incident resulting in injury or death to an individual or damage to property occurring in connection with commercial motor vehicle transportation.
(2) Under paragraph (1)(B)(ii) of this subsection, an employees apprehension of serious injury is reasonable only if a reasonable individual in the circumstances then confronting the employee would conclude that the hazardous safety or security condition establishes a real danger of accident, injury, or serious impairment to health. To qualify for protection, the employee must have sought from the employer, and been unable to obtain, correction of the hazardous safety or security condition.
(b) Filing Complaints and Procedures.— (1) An employee alleging discharge, discipline, or discrimination in violation of subsection (a) of this section, or another person at the employees request, may file a complaint with the Secretary of Labor not later than 180 days after the alleged violation occurred. All complaints initiated under this section shall be governed by the legal burdens of proof set forth in section 42121(b). On receiving the complaint, the Secretary of Labor shall notify, in writing, the person alleged to have committed the violation of the filing of the complaint.
(2) (A) Not later than 60 days after receiving a complaint, the Secretary of Labor shall conduct an investigation, decide whether it is reasonable to believe the complaint has merit, and notify, in writing, the complainant and the person alleged to have committed the violation of the findings. If the Secretary of Labor decides it is reasonable to believe a violation occurred, the Secretary of Labor shall include with the decision findings and a preliminary order for the relief provided under paragraph (3) of this subsection.
(B) Not later than 30 days after the notice under subparagraph (A) of this paragraph, the complainant and the person alleged to have committed the violation may file objections to the findings or preliminary order, or both, and request a hearing on the record. The filing of objections does not stay a reinstatement ordered in the preliminary order. If a hearing is not requested within the 30 days, the preliminary order is final and not subject to judicial review.
(C) A hearing shall be conducted expeditiously. Not later than 120 days after the end of the hearing, the Secretary of Labor shall issue a final order. Before the final order is issued, the proceeding may be ended by a settlement agreement made by the Secretary of Labor, the complainant, and the person alleged to have committed the violation.
(3) (A) If the Secretary of Labor decides, on the basis of a complaint, a person violated subsection (a) of this section, the Secretary of Labor shall order the person to—
(i) take affirmative action to abate the violation;
(ii) reinstate the complainant to the former position with the same pay and terms and privileges of employment; and
(iii) pay compensatory damages, including backpay with interest and compensation for any special damages sustained as a result of the discrimination, including litigation costs, expert witness fees, and reasonable attorney fees.
(B) If the Secretary of Labor issues an order under subparagraph (A) of this paragraph and the complainant requests, the Secretary of Labor may assess against the person against whom the order is issued the costs (including attorney fees) reasonably incurred by the complainant in bringing the complaint. The Secretary of Labor shall determine the costs that reasonably were incurred.
(C) Relief in any action under subsection (b) may include punitive damages in an amount not to exceed $250,000.
(c) De Novo Review.— With respect to a complaint under paragraph (1),11 So in original. Probably should be “subsection (b)(1),”. if the Secretary of Labor has not issued a final decision within 210 days after the filing of the complaint and if the delay is not due to the bad faith of the employee, the employee may bring an original action at law or equity for de novo review in the appropriate district court of the United States, which shall have jurisdiction over such an action without regard to the amount in controversy, and which action shall, at the request of either party to such action, be tried by the court with a jury.
(d) Judicial Review and Venue.— A person adversely affected by an order issued after a hearing under subsection (b) of this section may file a petition for review, not later than 60 days after the order is issued, in the court of appeals of the United States for the circuit in which the violation occurred or the person resided on the date of the violation. Review shall conform to chapter 7 of title 5. The review shall be heard and decided expeditiously. An order of the Secretary of Labor subject to review under this subsection is not subject to judicial review in a criminal or other civil proceeding.
(e) Civil Actions to Enforce.— If a person fails to comply with an order issued under subsection (b) of this section, the Secretary of Labor shall bring a civil action to enforce the order in the district court of the United States for the judicial district in which the violation occurred.
(f) No Preemption.— Nothing in this section preempts or diminishes any other safeguards against discrimination, demotion, discharge, suspension, threats, harassment, reprimand, retaliation, or any other manner of discrimination provided by Federal or State law.
(g) Rights Retained by Employee.— Nothing in this section shall be deemed to diminish the rights, privileges, or remedies of any employee under any Federal or State law or under any collective bargaining agreement. The rights and remedies in this section may not be waived by any agreement, policy, form, or condition of employment.
(h) Disclosure of Identity.— (1) Except as provided in paragraph (2) of this subsection, or with the written consent of the employee, the Secretary of Transportation or the Secretary of Homeland Security may not disclose the name of an employee who has provided information about an alleged violation of this part, or a regulation prescribed or order issued under any of those provisions.
(2) The Secretary of Transportation or the Secretary of Homeland Security shall disclose to the Attorney General the name of an employee described in paragraph (1) of this subsection if the matter is referred to the Attorney General for enforcement. The Secretary making such disclosure shall provide reasonable advance notice to the affected employee if disclosure of that persons identity or identifying information is to occur.
(i) Process for Reporting Security Problems to the Department of Homeland Security.— (1) Establishment of process.— The Secretary of Homeland Security shall establish through regulations, after an opportunity for notice and comment, a process by which any person may report to the Secretary of Homeland Security regarding motor carrier vehicle security problems, deficiencies, or vulnerabilities.
(2) Acknowledgment of receipt.— If a report submitted under paragraph (1) identifies the person making the report, the Secretary of Homeland Security shall respond promptly to such person and acknowledge receipt of the report.
(3) Steps to address problem.— The Secretary of Homeland Security shall review and consider the information provided in any report submitted under paragraph (1) and shall take appropriate steps to address any problems or deficiencies identified.
(j) Definition.— In this section, “employee” means a driver of a commercial motor vehicle (including an independent contractor when personally operating a commercial motor vehicle), a mechanic, a freight handler, or an individual not an employer, who—
(1) directly affects commercial motor vehicle safety or security in the course of employment by a commercial motor carrier; and
(2) is not an employee of the United States Government, a State, or a political subdivision of a State acting in the course of employment.
(Pub. L. 103272, § 1(e), July 5, 1994, 108 Stat. 990; Pub. L. 11053, title XV, § 1536, Aug. 3, 2007, 121 Stat. 464.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 31105(a)49 App.:2305(a), (b).Jan. 6, 1983, Pub. L. 97424, § 405(a)(d), 96 Stat. 2157. 31105(b)49 App.:2305(c). 31105(c)49 App.:2305(d). 31105(d)49 App.:2305(e).Jan. 6, 1983, Pub. L. 97424, § 405(e), 96 Stat. 2158; Nov. 8, 1984, Pub. L. 98620, § 402(51), 98 Stat. 3361. In subsection (a)(1), before clause (A), the words “in any manner” are omitted as surplus. The word “conditions” is omitted as included in “terms”. In clauses (A) and (B), the word “rule” is omitted as being synonymous with “regulation”. In clause (A), the word “begun” is substituted for “instituted or caused to be instituted” for consistency in the revised title and to eliminate unnecessary words. In clause (B), the words before subclause (i) are substituted for “for refusing to operate a vehicle when” and “or because of” for clarity and consistency. In subclause (ii), the words “vehicles unsafe condition” are substituted for “unsafe condition of such equipment” for consistency. Subsection (a)(2) is substituted for 49 App.:2305(b) (2d, last sentences) for clarity and to eliminate unnecessary words. In subsection (b)(1), the words “alleging such discharge, discipline, or discrimination” are omitted as surplus. In subsection (b)(2)(B), the words “Not later than 30 days after the notice under subparagraph (A) of this paragraph” are substituted for “Thereafter” and “within thirty days” for clarity. In subsection (b)(2)(C), the words “Before the final order is issued” are substituted for “In the interim” for clarity. Subsection (b)(3)(A) is substituted for 49 App.:2305(c)(2)(B) (1st sentence) for clarity and to eliminate unnecessary words. In clause (ii), the word “conditions” is omitted as included in “terms”. The provision for back pay is moved from clause (ii) to clause (iii) for clarity. In subsection (b)(3)(B), the words “a sum equal to the aggregate amount of all” and “and expenses” are omitted as surplus. The words “in bringing the complaint” are substituted for “for, or in connection with, the bringing of the complaint upon which the order was issued” to eliminate unnecessary words. In subsection (c), the words “or aggrieved” and “with respect to which the order was issued, allegedly” are omitted as surplus. The words “in accordance with the provisions of chapter 7 of title 5 and” are omitted because 5:ch. 7 applies unless otherwise stated. In subsection (d), the text of 49 App.:2305(e) (last sentence) is omitted as unnecessary.
Editorial Notes
Amendments2007—Pub. L. 11053 amended text of section generally. Prior to amendment, section related to, in subsec. (a), prohibition against discharge or discipline of, or discrimination against, an employee regarding pay, terms, or privileges of employment for certain actions, in subsec. (b), procedures for filing of complaint, in subsec. (c), judicial review and venue, and, in subsec. (d), civil action to enforce an order.
Statutory Notes and Related Subsidiaries
Employee ProtectionsPub. L. 105178, title IV, § 4023, June 9, 1998, 112 Stat. 415, provided that, not later than 2 years after June 9, 1998, the Secretary of Transportation, in conjunction with the Secretary of Labor, was to report to Congress on the effectiveness of existing statutory employee protections under this section, with recommendations to address any statutory changes necessary to strengthen the enforcement of these provisions.
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# 49 U.S.C. § 31106 - Information systems
## Text
(a) Information Systems and Data Analysis.— (1) In general.— Subject to the provisions of this section, the Secretary shall establish and operate motor carrier, commercial motor vehicle, and driver information systems and data analysis programs to support safety regulatory and enforcement activities required under this title.
(2) Network coordination.— In cooperation with the States, the information systems under this section shall be coordinated into a network providing accurate identification of motor carriers and drivers, commercial motor vehicle registration and license tracking, and motor carrier, commercial motor vehicle, and driver safety performance data.
(3) Data analysis capacity and programs.— The Secretary shall develop and maintain under this section data analysis capacity and programs that provide the means to—
(A) identify and collect necessary motor carrier, commercial motor vehicle, and driver data;
(B) evaluate the safety fitness of motor carriers and drivers;
(C) develop strategies to mitigate safety problems and to use data analysis to address and measure the effectiveness of such strategies and related programs;
(D) determine the cost-effectiveness of Federal and State safety compliance and enforcement programs and other countermeasures;
(E) adapt, improve, and incorporate other information and information systems as the Secretary determines appropriate;
(F) ensure, to the maximum extent practical, all the data is complete, timely, and accurate across all information systems and initiatives;
(G) establish and implement a national motor carrier safety data correction system; and
(H) determine whether a person or employer is or was related, through common ownership, common management, common control, or common familial relationship, to any other person, employer, or any other applicant for registration under section 13902 or 31134.
(4) Standards.— To implement this section, the Secretary shall prescribe technical and operational standards to ensure—
(A) uniform, timely, and accurate information collection and reporting by the States and other entities as determined appropriate by the Secretary;
(B) uniform Federal, State, and local policies and procedures necessary to operate the information system; and
(C) the reliability and availability of the information to the Secretary and States.
(b) Performance and Registration Information Systems Management.— (1) Information clearinghouse.— The Secretary shall include, as part of the motor carrier information system authorized by this section, a program to establish and maintain a clearinghouse and repository of information related to State registration and licensing of commercial motor vehicles, the registrants of such vehicles, and the motor carriers operating such vehicles. The clearinghouse and repository may include information on the safety fitness of each of the motor carriers and registrants and other information the Secretary considers appropriate, including information on motor carrier, commercial motor vehicle, and driver safety performance.
(2) Design.— The program shall link Federal motor carrier safety information systems with State commercial vehicle registration and licensing systems and shall be designed to enable a State to—
(A) determine the safety fitness of a motor carrier or registrant when licensing or registering the registrant or motor carrier or while the license or registration is in effect; and
(B) deny, suspend, or revoke the commercial motor vehicle registrations of a motor carrier or registrant that has been issued an operations out-of-service order by the Secretary.
(3) Conditions for participation.— The Secretary shall require States, as a condition of participation in the program, to—
(A) comply with the uniform policies, procedures, and technical and operational standards prescribed by the Secretary under subsection (a)(4);
(B) possess or seek the authority to possess for a time period no longer than determined reasonable by the Secretary, to impose sanctions relating to commercial motor vehicle registration on the basis of a Federal safety fitness determination; and
(C) establish and implement a process—
(i) to cancel the motor vehicle registration and seize the registration plates of a vehicle when an employer is found liable under section 31310(i)(2)(C) for knowingly allowing or requiring an employee to operate such a commercial motor vehicle in violation of an out-of-service order; and
(ii) to reinstate the vehicle registration or return the registration plates of the commercial motor vehicle, subject to sanctions under clause (i), if the Secretary permits such carrier to resume operations after the date of issuance of such order.
(c) (1) In General.— In coordination with the information system under section 31309, the Secretary is authorized to establish a program to improve commercial motor vehicle driver safety. The objectives of the program shall include—
(A) enhancing the exchange of driver licensing information among the States, the Federal Government, and foreign countries;
(B) providing information to the judicial system on commercial motor vehicle drivers;
(C) evaluating any aspect of driver performance that the Secretary determines appropriate; and
(D) developing appropriate strategies and countermeasures to improve driver safety.
(2) Access to records.— The Secretary may require a State, as a condition of an award of grant money under this section, to provide the Secretary access to all State licensing status and driver history records via an electronic information system, subject to section 2721 of title 18.
(d) Cooperative Agreements, Grants, and Contracts.— The Secretary may carry out this section either independently or in cooperation with other Federal departments, agencies, and instrumentalities, or by making grants to, and entering into contracts and cooperative agreements with, States, local governments, associations, institutions, corporations, and other persons.
(e) (1) Information Availability and Privacy Protection Policy.— The Secretary shall develop a policy on making information available from the information systems authorized by this section and section 31309. The policy shall be consistent with existing Federal information laws, including regulations, and shall provide for review and correction of such information in a timely manner.
(2) In general.— Notwithstanding any prohibition on disclosure of information in section 31105(h) or 31143(b) of this title or section 552a of title 5, the Secretary may disclose information maintained by the Secretary pursuant to chapters 51, 135, 311, or 313 of this title to appropriate personnel of a State agency or instrumentality authorized to carry out State commercial motor vehicle safety activities and commercial drivers license laws, or appropriate personnel of a local law enforcement agency, in accordance with standards, conditions, and procedures as determined by the Secretary. Disclosure under this section shall not operate as a waiver by the Secretary of any applicable privilege against disclosure under common law or as a basis for compelling disclosure under section 552 of title 5.
(Pub. L. 103272, § 1(e), July 5, 1994, 108 Stat. 991; Pub. L. 105178, title IV, § 4004(a), June 9, 1998, 112 Stat. 398; Pub. L. 10959, title IV, §§ 4108(a), 4109(a), Aug. 10, 2005, 119 Stat. 1720; Pub. L. 112141, div. C, title II, §§ 32103(b), 32306, 32508, 32602, July 6, 2012, 126 Stat. 780, 793, 805, 807; Pub. L. 11494, div. A, title V, §§ 5101(e)(2), 5102, Dec. 4, 2015, 129 Stat. 1525, 1526.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 31106(a)49 App.:2306(f).Jan. 6, 1983, Pub. L. 97424, 96 Stat. 2155, § 407; added Dec. 18, 1991, Pub. L. 102240, § 4003, 105 Stat. 2144. 31106(b)49 App.:2306(a) (2)(5). 31106(c)49 App.:2306(b). 31106(d)49 App.:2306(a)(1). 31106(e)49 App.:2306(c). 31106(f)49 App.:2306(d). 31106(g)49 App.:2306(e). In subsection (b)(2), the word “schedule” is substituted for “system” for clarity.
Editorial Notes
Amendments2015—Subsec. (b). Pub. L. 11494, § 5102, substituted “Systems Management” for “Program” in heading. Subsec. (b)(4). Pub. L. 11494, § 5101(e)(2), struck out par. (4). Text read as follows: “From the funds authorized by section 31104(i), the Secretary may make a grant in a fiscal year to a State to implement the performance and registration information system management requirements of this subsection.” 2012—Subsec. (a)(3)(H). Pub. L. 112141, § 32103(b), added subpar. (H). Subsec. (b)(3)(C). Pub. L. 112141, § 32602, amended subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: “establish and implement a process to cancel the motor vehicle registration and seize the registration plates of a vehicle when an employer is found liable under section 31310(i)(2)(C) for knowingly allowing or requiring an employee to operate such a commercial motor vehicle in violation of an out-of-service order.” Subsec. (c). Pub. L. 112141, § 32306, struck out subsec. heading “Commercial Motor Vehicle Driver Safety Program”, designated existing provisions as par. (1) and inserted par. heading, redesignated former pars. (1) to (4) as subpars. (A) to (D), respectively, of par. (1), and added par. (2). Subsec. (e). Pub. L. 112141, § 32508, designated existing provisions as par. (1) and added par. (2). 2005—Subsec. (a)(3)(F), (G). Pub. L. 10959, § 4108(a), added subpars. (F) and (G). Subsec. (b)(2) to (4). Pub. L. 10959, § 4109(a), added pars. (2) to (4) and struck out former pars. (2) to (4), which related to design of program with State licensing systems in par. (2), conditions of participation in par. (3), and funding for fiscal years 1998 to 2003 in par. (4). 1998—Pub. L. 105178 amended section catchline and text generally, substituting, in subsec. (a), provisions relating to information systems and data analysis for provisions relating to definition of commercial motor vehicle, in subsec. (b), provisions relating to performance and registration information program for provisions relating to information system, in subsec. (c), provisions relating to commercial motor vehicle driver safety program for provisions relating to demonstration project, in subsec. (d), provisions relating to cooperative agreements, grants, and contracts for provisions relating to review of State systems, and in subsec. (e), provisions relating to information availability and privacy protection policy for provisions relating to regulations, and striking out subsecs. (f) and (g), which related to report to Congress and authorization of appropriations, respectively.
Statutory Notes and Related Subsidiaries
Effective Date of 2015 AmendmentAmendment by section 5102 of Pub. L. 11494 effective Oct. 1, 2015, see section 1003 of Pub. L. 11494, set out as a note under section 5313 of Title 5, Government Organization and Employees. Amendment by section 5101(e)(2) of Pub. L. 11494 effective Oct. 1, 2016, see section 5101(f) of Pub. L. 11494, set out as a note under section 31102 of this title.
Effective Date of 2012 AmendmentAmendment by Pub. L. 112141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
Deemed References to Chapters 509 and 511 of Title 51General references to “this title” deemed to refer also to chapters 509 and 511 of Title 51, National and Commercial Space Programs, see section 4(d)(8) of Pub. L. 111314, set out as a note under section 101 of this title.
Commercial Vehicle Information Systems and Networks DeploymentPub. L. 10959, title IV, § 4126, Aug. 10, 2005, 119 Stat. 1738, as amended by Pub. L. 11494, div. A, title V, § 5105(f)(1), Dec. 4, 2015, 129 Stat. 1529, which required the Secretary of Transportation to carry out a commercial vehicle information systems and networks program and provided for grants for deployment, was repealed by Pub. L. 11494, div. A, title V, § 5101(e)(5), Dec. 4, 2015, 129 Stat. 1525, effective Oct. 1, 2016.
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# 49 U.S.C. § 31107 - Repealed. Pub. L. 11494, div. A, title V, § 5101(e)(3), Dec. 4, 2015, 129 Stat. 1525]
## Notes
Section, added Pub. L. 10959, title IV, § 4110(a)(2), Aug. 10, 2005, 119 Stat. 1721; amended Pub. L. 112141, div. C, title II, § 32603(h), July 6, 2012, 126 Stat. 808, related to border enforcement grants.
A prior section 31107, Pub. L. 103272, § 1(e), July 5, 1994, 108 Stat. 992; Pub. L. 105178, title IV, § 4004(b), June 9, 1998, 112 Stat. 400; Pub. L. 106159, title I, § 103(d), Dec. 9, 1999, 113 Stat. 1754; Pub. L. 10888, § 7(c)(1), Sept. 30, 2003, 117 Stat. 1120; Pub. L. 108202, § 11(c)(1), Feb. 29, 2004, 118 Stat. 490; Pub. L. 108224, § 9(c)(1), Apr. 30, 2004, 118 Stat. 638; Pub. L. 108263, § 9(c)(1), June 30, 2004, 118 Stat. 709; Pub. L. 108280, § 9(c)(1), July 30, 2004, 118 Stat. 886; Pub. L. 108310, § 7(c)(1), Sept. 30, 2004, 118 Stat. 1153; Pub. L. 10914, § 6(c)(1), May 31, 2005, 119 Stat. 330; Pub. L. 10920, § 6(c)(1), July 1, 2005, 119 Stat. 352; Pub. L. 10935, § 6(c)(1), July 20, 2005, 119 Stat. 385; Pub. L. 10937, § 6(c)(1), July 22, 2005, 119 Stat. 400; Pub. L. 10940, § 6(c)(1), July 28, 2005, 119 Stat. 417, related to contract authority funding for information systems, prior to repeal by Pub. L. 10959, title IV, § 4110(a)(2), Aug. 10, 2005, 119 Stat. 1721.
Statutory Notes and Related Subsidiaries
Effective Date of RepealRepeal effective Oct. 1, 2016, subject to a transition provision, see section 5101(f), (g) of Pub. L. 11494, set out as Effective Date of 2015 Amendment and Transition notes under section 31102 of this title.
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# 49 U.S.C. § 31108 - Motor carrier research and technology program
## Text
(a) Research, Technology, and Technology Transfer Activities.— (1) Establishment.— The Secretary of Transportation shall establish and carry out a motor carrier and motor coach research and technology program.
(2) Multiyear plan.— The program must include a multi-year research plan that focuses on nonredundant innovative research and shall be coordinated with other research programs or projects ongoing or planned within the Department of Transportation, as appropriate.
(3) Research, development, and technology transfer activities.— The Secretary may carry out under the program research, development, technology, and technology transfer activities with respect to—
(A) the causes of accidents, injuries, and fatalities involving commercial motor vehicles;
(B) means of reducing the number and severity of accidents, injuries, and fatalities involving commercial motor vehicles;
(C) improving the safety and efficiency of commercial motor vehicles through technological innovation and improvement;
(D) improving technology used by enforcement officers when conducting roadside inspections and compliance reviews to increase efficiency and information transfers; and
(E) increasing the safety and security of hazardous materials transportation.
(4) Tests and development.— The Secretary may test, develop, or assist in testing and developing any material, invention, patented article, or process related to the research and technology program.
(5) Training.— The Secretary may use the funds made available to carry out this section for training or education of commercial motor vehicle safety personnel, including training in accident reconstruction and detection of controlled substances or other contraband and stolen cargo or vehicles.
(6) Procedures.— The Secretary may carry out this section—
(A) independently;
(B) in cooperation with other Federal departments, agencies, and instrumentalities and Federal laboratories; or
(C) by making grants to, or entering into contracts and cooperative agreements with, any Federal laboratory, State agency, authority, association, institution, for-profit or nonprofit corporation, organization, foreign country, or person.
(7) Development and promotion of use of products.— The Secretary shall use funds made available to carry out this section to develop, administer, communicate, and promote the use of products of research, technology, and technology transfer programs under this section.
(b) Collaborative Research and Development.— (1) In general.— To advance innovative solutions to problems involving commercial motor vehicle and motor carrier safety, security, and efficiency, and to stimulate the deployment of emerging technology, the Secretary may carry out, on a cost-shared basis, collaborative research and development with—
(A) non-Federal entities, including State and local governments, foreign governments, colleges and universities, corporations, institutions, partnerships, and sole proprietorships that are incorporated or established under the laws of any State; and
(B) Federal laboratories.
(2) Cooperative agreements.— In carrying out this subsection, the Secretary may enter into cooperative research and development agreements (as defined in section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a)).
(3) Cost sharing.— (A) Federal share.— The Federal share of the cost of activities carried out under a cooperative research and development agreement entered into under this subsection shall not exceed 50 percent; except that, if there is substantial public interest or benefit associated with any such activity, the Secretary may approve a greater Federal share.
(B) Treatment of directly incurred non-federal costs.— All costs directly incurred by the non-Federal partners, including personnel, travel, and hardware or software development costs, shall be credited toward the non-Federal share of the cost of the activities described in subparagraph (A).
(4) Use of technology.— The research, development, or use of a technology under a cooperative research and development agreement entered into under this subsection, including the terms under which the technology may be licensed and the resulting royalties may be distributed, shall be subject to the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3701 et seq.).
(Pub. L. 103272, § 1(e), July 5, 1994, 108 Stat. 993; Pub. L. 10959, title IV, § 4111(a), Aug. 10, 2005, 119 Stat. 1722.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 31108(uncodified).Dec. 18, 1991, Pub. L. 102240, § 4002(j), 105 Stat. 2144. The words “safety duties and powers” are substituted for “safety functions” for clarity and consistency in the revised title. The reference to fiscal year 1992 is omitted as obsolete.
Editorial Notes
References in TextThe Stevenson-Wydler Technology Innovation Act of 1980, referred to in subsec. (b)(4), is Pub. L. 96480, Oct. 21, 1980, 94 Stat. 2311, as amended, which is classified generally to chapter 63 (§ 3701 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 3701 of Title 15 and Tables.
Amendments2005—Pub. L. 10959 amended section catchline and text generally. Prior to amendment, text read as follows: “Not more than $_____ may be appropriated to the Secretary of Transportation for the fiscal year ending September 30, 19_, to carry out the safety duties and powers of the Federal Highway Administration.”
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# 49 U.S.C. § 31109 - Repealed. Pub. L. 11494, div. A, title V, § 5101(e)(4), Dec. 4, 2015, 129 Stat. 1525]
## Notes
Section, added Pub. L. 10959, title IV, § 4109(b)(1), Aug. 10, 2005, 119 Stat. 1721, related to performance and registration information system management.
Statutory Notes and Related Subsidiaries
Effective Date of RepealRepeal effective Oct. 1, 2016, subject to a transition provision, see section 5101(f), (g) of Pub. L. 11494, set out as Effective Date of 2015 Amendment and Transition notes under section 31102 of this title.
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# 49 U.S.C. § 31110 - Authorization of appropriations
## Text
(a) Administrative Expenses.— There are authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) for the Secretary of Transportation to pay administrative expenses of the Federal Motor Carrier Safety Administration—
(1) $360,000,000 for fiscal year 2022;
(2) $367,500,000 for fiscal year 2023;
(3) $375,000,000 for fiscal year 2024;
(4) $382,500,000 for fiscal year 2025; and
(5) $390,000,000 for fiscal year 2026.
(b) Use of Funds.— The funds authorized by this section shall be used for—
(1) personnel costs;
(2) administrative infrastructure;
(3) rent;
(4) information technology;
(5) programs for research and technology, information management, regulatory development, and the administration of performance and registration information systems management under section 31106(b);
(6) programs for outreach and education under subsection (c);
(7) other operating expenses;
(8) conducting safety reviews of new operators; and
(9) such other expenses as may from time to time become necessary to implement statutory mandates of the Federal Motor Carrier Safety Administration not funded from other sources.
(c) Outreach and Education Program.— (1) In general.— The Secretary may conduct, through any combination of grants, contracts, cooperative agreements, and other activities, an internal and external outreach and education program to be administered by the Administrator of the Federal Motor Carrier Safety Administration. The program authorized under this subsection may support, in addition to funds otherwise available for such purposes, the recognition, prevention, and reporting of human trafficking, while deferring to existing resources, as practicable.
(2) Federal share.— The Federal share of an outreach and education project for which a grant, contract, or cooperative agreement is made under this subsection may be up to 100 percent of the cost of the project.
(3) Funding.— From amounts made available under subsection (a), the Secretary shall make available not more than $4,000,000 each fiscal year to carry out this subsection.
(d) Contract Authority; Initial Date of Availability.— Amounts authorized from the Highway Trust Fund (other than the Mass Transit Account) by this section shall be available for obligation on the date of their apportionment or allocation or on October 1 of the fiscal year for which they are authorized, whichever occurs first.
(e) Funding Availability.— Amounts made available under this section shall remain available until expended.
(f) Contractual Obligation.— The approval of funds by the Secretary under this section is a contractual obligation of the Federal Government for payment of the Federal Governments share of costs.
(Added Pub. L. 11494, div. A, title V, § 5103(a), Dec. 4, 2015, 129 Stat. 1526; amended Pub. L. 11599, § 3, Jan. 3, 2018, 131 Stat. 2242; Pub. L. 11758, div. B, title III, § 23001(a), Nov. 15, 2021, 135 Stat. 756.)
## Notes
Editorial Notes
Amendments2021—Subsec. (a). Pub. L. 11758 added subsec. (a) and struck out former subsec. (a) which authorized appropriations for administrative expenses of the Federal Motor Carrier Safety Administration for fiscal years 2016 to 2020. 2018—Subsec. (c)(1). Pub. L. 11599 inserted at end “The program authorized under this subsection may support, in addition to funds otherwise available for such purposes, the recognition, prevention, and reporting of human trafficking, while deferring to existing resources, as practicable.”
Statutory Notes and Related Subsidiaries
Effective DateSection effective Oct. 1, 2015, see section 1003 of Pub. L. 11494, set out as an Effective Date of 2015 Amendment note under section 5313 of Title 5, Government Organization and Employees.
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# 49 U.S.C. § 31111 - Length limitations
## Text
(a) Definitions.— In this section, the following definitions apply:
(1) Automobile transporter.— The term “automobile transporter” means any vehicle combination designed and used for the transport of assembled highway vehicles, including truck camper units. An automobile transporter shall not be prohibited from the transport of cargo or general freight on a backhaul, so long as it complies with weight limitations for a truck tractor and semitrailer combination.
(2) Maxi-cube vehicle.— The term “maxi-cube vehicle” means a truck tractor combined with a semitrailer and a separable property-carrying unit designed to be loaded and unloaded through the semitrailer, with the length of the separable property-carrying unit being not more than 34 feet and the length of the vehicle combination being not more than 65 feet.
(3) Truck tractor.— The term “truck tractor” means—
(A) a non-property-carrying power unit that operates in combination with a semitrailer or trailer; or
(B) a power unit that carries as property motor vehicles when operating in combination with a semitrailer in transporting motor vehicles or any other commodity, including cargo or general freight on a backhaul.
(4) Driveaway saddlemount vehicle transporter combination.— The term “driveaway saddlemount vehicle transporter combination” means a vehicle combination designed and specifically used to tow up to 3 trucks or truck tractors, each connected by a saddle to the frame or fifth-wheel of the forward vehicle of the truck or truck tractor in front of it. Such combination may include one fullmount.
(5) Backhaul.— The term “backhaul” means the return trip of a vehicle transporting cargo or general freight, especially when carrying goods back over all or part of the same route.
(6) Trailer transporter towing unit.— The term “trailer transporter towing unit” means a power unit that is not used to carry property when operating in a towaway trailer transporter combination.
(7) Towaway trailer transporter combination.— The term “towaway trailer transporter combination” means a combination of vehicles consisting of a trailer transporter towing unit and 2 trailers or semitrailers—
(A) with a total weight that does not exceed 26,000 pounds; and
(B) in which the trailers or semitrailers carry no property and constitute inventory property of a manufacturer, distributor, or dealer of such trailers or semitrailers.
(b) General Limitations.— (1) Except as provided in this section, a State may not prescribe or enforce a regulation of commerce that—
(A) imposes a vehicle length limitation of less than 45 feet on a bus, of less than 48 feet on a semitrailer operating in a truck tractor-semitrailer combination, or of less than 28 feet on a semitrailer or trailer operating in a truck tractor-semitrailer-trailer combination, on any segment of the Dwight D. Eisenhower System of Interstate and Defense Highways (except a segment exempted under subsection (f) of this section) and those classes of qualifying Federal-aid Primary System highways designated by the Secretary of Transportation under subsection (e) of this section;
(B) imposes an overall length limitation on a commercial motor vehicle operating in a truck tractor-semitrailer or truck tractor-semitrailer-trailer combination;
(C) has the effect of prohibiting the use of a semitrailer or trailer of the same dimensions as those that were in actual and lawful use in that State on December 1, 1982;
(D) imposes a vehicle length limitation of not less than or more than 97 feet on all driveaway saddlemount vehicle transporter combinations;
(E) has the effect of prohibiting the use of an existing semitrailer or trailer, of not more than 28.5 feet in length, in a truck tractor-semitrailer-trailer combination if the semitrailer or trailer was operating lawfully on December 1, 1982, within a 65-foot overall length limit in any State;
(F) imposes a limitation of less than 46 feet on the distance from the kingpin to the center of the rear axle on trailers used exclusively or primarily in connection with motorsports competition events;
(G) imposes a vehicle length limitation of less than 80 feet on a stinger-steered automobile transporter with a front overhang of less than 4 feet and a rear overhang of less than 6 feet; or
(H) has the effect of imposing an overall length limitation of less than 82 feet on a towaway trailer transporter combination.
(2) A length limitation prescribed or enforced by a State under paragraph (1)(A) of this subsection applies only to a semitrailer or trailer and not to a truck tractor.
(c) Maxi-Cube and Vehicle Combination Limitations.— A State may not prohibit a maxi-cube vehicle or a commercial motor vehicle combination consisting of a truck tractor and 2 trailing units on any segment of the Dwight D. Eisenhower System of Interstate and Defense Highways (except a segment exempted under subsection (f) of this section) and those classes of qualifying Federal-aid Primary System highways designated by the Secretary under subsection (e) of this section.
(d) Exclusion of Safety and Energy Conservation Devices.— Length calculated under this section does not include a safety or energy conservation device the Secretary decides is necessary for safe and efficient operation of a commercial motor vehicle. However, such a device may not have by its design or use the ability to carry cargo.
(e) Qualifying Highways.— The Secretary by regulation shall designate as qualifying Federal-aid Primary System highways those highways of the Federal-aid Primary System in existence on June 1, 1991, that can accommodate safely the applicable vehicle lengths provided in this section.
(f) Exemptions.— (1) If the chief executive officer of a State, after consulting under paragraph (2) of this subsection, decides a segment of the Dwight D. Eisenhower System of Interstate and Defense Highways is not capable of safely accommodating a commercial motor vehicle having a length described in subsection (b)(1)(A) of this section or the motor vehicle combination described in subsection (c) of this section, the chief executive officer may notify the Secretary of that decision and request the Secretary to exempt that segment from either or both provisions.
(2) Before making a decision under paragraph (1) of this subsection, the chief executive officer shall consult with units of local government in the State in which the segment of the Dwight D. Eisenhower System of Interstate and Defense Highways is located and with the chief executive officer of any adjacent State that may be directly affected by the exemption. As part of the consultations, consideration shall be given to any potential alternative route that serves the area in which the segment is located and can safely accommodate a commercial motor vehicle having a length described in subsection (b)(1)(A) of this section or the motor vehicle combination described in subsection (c) of this section.
(3) A chief executive officers notification under this subsection must include specific evidence of safety problems supporting the officers decision and the results of consultations about alternative routes.
(4) (A) If the Secretary decides, on request of a chief executive officer or on the Secretarys own initiative, a segment of the Dwight D. Eisenhower System of Interstate and Defense Highways is not capable of safely accommodating a commercial motor vehicle having a length described in subsection (b)(1)(A) of this section or the motor vehicle combination described in subsection (c) of this section, the Secretary shall exempt the segment from either or both of those provisions. Before making a decision under this paragraph, the Secretary shall consider any possible alternative route that serves the area in which the segment is located.
(B) The Secretary shall make a decision about a specific segment not later than 120 days after the date of receipt of notification from a chief executive officer under paragraph (1) of this subsection or the date on which the Secretary initiates action under subparagraph (A) of this paragraph, whichever is applicable. If the Secretary finds the decision will not be made in time, the Secretary immediately shall notify Congress, giving the reasons for the delay, information about the resources assigned, and the projected date for the decision.
(C) Before making a decision, the Secretary shall give an interested person notice and an opportunity for comment. If the Secretary exempts a segment under this subsection before the final regulations under subsection (e) of this section are prescribed, the Secretary shall include the exemption as part of the final regulations. If the Secretary exempts the segment after the final regulations are prescribed, the Secretary shall publish the exemption as an amendment to the final regulations.
(g) Accommodating Specialized Equipment.— In prescribing regulations to carry out this section, the Secretary may make decisions necessary to accommodate specialized equipment, including automobile and vessel transporters and maxi-cube vehicles.
(Pub. L. 103272, § 1(e), July 5, 1994, 108 Stat. 993; Pub. L. 10488, title I, § 104(b), Dec. 29, 1995, 109 Stat. 919; Pub. L. 105178, title IV, § 4005, June 9, 1998, 112 Stat. 400; Pub. L. 10959, title IV, § 4141, Aug. 10, 2005, 119 Stat. 1746; Pub. L. 110244, title III, § 301(r), June 6, 2008, 122 Stat. 1617; Pub. L. 11494, div. A, title V, §§ 5520, 5523(a), (b), Dec. 4, 2015, 129 Stat. 15581560.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 31111(a)(1)49 App.:2311(f)(2).Jan. 6, 1983, Pub. L. 97424, 96 Stat. 2097, § 411(f)(2); added Oct. 18, 1986, Pub. L. 99500, § 101(l) [H.R. 5205, § 324(a)], 100 Stat. 1783308, and Oct. 30, 1986, Pub. L. 99591, § 101(l) [H.R. 5205, § 324(a)], 100 Stat. 3341308; Dec. 22, 1987, Pub. L. 100202, § 106, 101 Stat. 1329433. 31111(a)(2)49 App.:2311(f)(1).Jan. 6, 1983, Pub. L. 97424, § 411(f)(1), 96 Stat. 2160; Oct. 18, 1986, Pub. L. 99500, § 101(l) [H.R. 5205, § 324(a)], 100 Stat. 1783308; Oct. 30, 1986, Pub. L. 99591, § 101(l) [H.R. 5205, § 324(a)], 100 Stat. 3341308; Dec. 22, 1987, Pub. L. 100202, § 106, 101 Stat. 1329433. 31111(b)49 App.:2311(a).Jan. 6, 1983, Pub. L. 97424, § 411(a), 96 Stat. 2159; Oct. 30, 1984, Pub. L. 98554, § 104(a), 98 Stat. 2831; Dec. 18, 1991, Pub. L. 102240, § 4006(b)(1), 105 Stat. 2151. 49 App.:2311(b).Jan. 6, 1983, Pub. L. 97424, § 411(b), (g), (h), 96 Stat. 2159, 2160. 31111(c)49 App.:2311(c).Jan. 6, 1983, Pub. L. 97424, § 411(c), 96 Stat. 2159; Oct. 30, 1984, Pub. L. 98554, § 104(b), 98 Stat. 2831; Oct. 18, 1986, Pub. L. 99500, § 101(l) [H.R. 5205, § 324(b)], 100 Stat. 1783308; Oct. 30, 1986, Pub. L. 99591, § 101(l) [H.R. 5205, § 324(b)], 100 Stat. 3341308; Dec. 22, 1987, Pub. L. 100202, § 106, 101 Stat. 1329433. 31111(d)49 App.:2311(h). 31111(e)49 App.:2311(e).Jan. 6, 1983, Pub. L. 97424, § 411(e), 96 Stat. 2160; Dec. 18, 1991, Pub. L. 102240, § 4006(c), 105 Stat. 2151. 31111(f)49 App.:2311(i).Jan. 6, 1983, Pub. L. 97424, 96 Stat. 2097, § 411(i); added Oct. 30, 1984, Pub. L. 98554, § 102, 98 Stat. 2829. 31111(g)49 App.:2311(d).Jan. 6, 1983, Pub. L. 97424, § 411(d), 96 Stat. 2160; Apr. 2, 1987, Pub. L. 10017, § 133(a)(7), 101 Stat. 171; Nov. 5, 1990, Pub. L. 101516, § 327(a), 104 Stat. 2182. 49 App.:2311(g). In this section, the words “Dwight D. Eisenhower System of Interstate and Defense Highways” are substituted for “National System of Interstate and Defense Highways” because of the Act of October 15, 1990 (Public Law 101427, 104 Stat. 927). In subsection (a), the word “property” is substituted for “cargo” for consistency in the revised title. Subsection (b)(1) is substituted for 49 App.:2311(a) and (b) (2dlast sentences) to eliminate unnecessary words and for consistency in the revised title and with other titles of the United States Code. Hyphens are used in describing the combinations “truck tractor-semitrailer” and “truck tractor-semitrailer-trailer” for consistency. In clause (D), the word “actually” is omitted as surplus. Subsection (b)(2) is substituted for 49 App.:2311(b) (1st sentence) because of the restatement. In subsection (d), the words “such as rear view mirrors, turn signal lamps, marker lamps, steps and handholds for entry and egress, flexible fender extensions, mudflaps and splash and spray suppressant devices, load-induced tire bulge, refrigeration units or air compressors and other devices” are omitted as unnecessary and because most items listed relate to width rather than length. In subsection (e), the words “by regulation” are added for clarity. The words “subject to the provisions of subsections (a) and (c) of this section” are omitted as surplus. The text of 49 App.:2311(e)(2) and (3) is omitted as executed. In subsection (f), the word “commercial” is added before “motor vehicle” for consistency. In subsection (f)(4)(C), the reference to regulations prescribed under subsection (e) is substituted for the reference in the source to regulations issued under subsection (a) to be more precise. The word “amendment” is substituted for “revision” for consistency in the revised title. Subsection (g) is substituted for 49 App.:2311(d) to eliminate unnecessary words. The Secretarys general authority to prescribe regulations is provided in 49:322(a). The word “vessel” is substituted for “boat” because of 1:3. The text of 49 App.:2311(g) is omitted as executed.
Editorial Notes
Amendments2015—Subsec. (a)(1). Pub. L. 11494, § 5520(a), struck out “specifically” before “for the transport” and inserted at end “An automobile transporter shall not be prohibited from the transport of cargo or general freight on a backhaul, so long as it complies with weight limitations for a truck tractor and semitrailer combination.” Subsec. (a)(3)(B). Pub. L. 11494, § 5520(b), struck out “only” before “motor vehicles when operating” and inserted “or any other commodity, including cargo or general freight on a backhaul” before period at end. Subsec. (a)(5). Pub. L. 11494, § 5520(c), added par. (5). Subsec. (a)(6), (7). Pub. L. 11494, § 5523(a), added pars. (6) and (7). Subsec. (b)(1)(G). Pub. L. 11494, § 5520(d), added subpar. (G). Subsec. (b)(1)(H). Pub. L. 11494, § 5523(b), added subpar. (H). 2008—Subsec. (a)(4). Pub. L. 110244, § 301(r)(1), in heading, substituted “Driveaway saddlemount” for “Drive-away saddlemount with fullmount”, and, in text, substituted “driveaway saddlemount” for “drive-away saddlemount with fullmount” and inserted at end “Such combination may include one fullmount.” Subsec. (b)(1)(D). Pub. L. 110244, § 301(r)(2), substituted “all driveaway saddlemount” for “a driveaway saddlemount with fullmount”. 2005—Subsec. (a)(4). Pub. L. 10959, § 4141(a), added par. (4). Subsec. (b)(1)(D) to (F). Pub. L. 10959, § 4141(b), added subpar. (D) and redesignated former subpars. (D) and (E) as (E) and (F), respectively. 1998—Subsec. (a). Pub. L. 105178, § 4005(1), substituted “section, the following definitions apply:” for “section—” in introductory provisions. Subsec. (a)(1). Pub. L. 105178, § 4005(5), added par. (1). Former par. (1) redesignated (2). Pub. L. 105178, § 4005(2), inserted “Maxi-cube vehicle.—The term” after “(1)”. Subsec. (a)(2). Pub. L. 105178, § 4005(4), redesignated par. (1) as (2). Former par. (2) redesignated (3). Pub. L. 105178, § 4005(3), inserted “Truck tractor.—The term” after “(2)”. Subsec. (a)(3). Pub. L. 105178, § 4005(4), redesignated par. (2) as (3). 1995—Subsec. (b)(1)(E). Pub. L. 10488 added subpar. (E).
Statutory Notes and Related Subsidiaries
Effective Date of 2015 AmendmentAmendment by Pub. L. 11494 effective Oct. 1, 2015, see section 1003 of Pub. L. 11494, set out as a note under section 5313 of Title 5, Government Organization and Employees.
Effective Date of 1995 AmendmentAmendment by Pub. L. 10488 effective Jan. 1, 1996, see section 2 of Pub. L. 10488, set out as an Effective Date note under section 1301 of this title.
@@ -0,0 +1,115 @@
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# 49 U.S.C. § 31112 - Property-carrying unit limitation
## Text
(a) Definitions.— In this section—
(1) “property-carrying unit” means any part of a commercial motor vehicle combination (except the truck tractor) used to carry property, including a trailer, a semitrailer, or the property-carrying section of a single unit truck, but not including a trailer or a semitrailer transported as part of a towaway trailer transporter combination (as defined in section 31111(a)).
(2) the length of the property-carrying units of a commercial motor vehicle combination is the length measured from the front of the first property-carrying unit to the rear of the last property-carrying unit.
(b) General Limitations.— A State may not allow by any means the operation, on any segment of the Dwight D. Eisenhower System of Interstate and Defense Highways and those classes of qualifying Federal-aid Primary System highways designated by the Secretary of Transportation under section 31111(e) of this title, of any commercial motor vehicle combination (except a vehicle or load that cannot be dismantled easily or divided easily and that has been issued a special permit under applicable State law) with more than one property-carrying unit (not including the truck tractor) whose property-carrying units are more than—
(1) the maximum combination trailer, semitrailer, or other type of length limitation allowed by law or regulation of that State before June 2, 1991; or
(2) the length of the property-carrying units of those commercial motor vehicle combinations, by specific configuration, in actual, lawful operation on a regular or periodic basis (including continuing seasonal operation) in that State before June 2, 1991.
(c) Special Rules for Wyoming, Ohio, Alaska, Iowa, Nebraska, Kansas, and Oregon.— In addition to the vehicles allowed under subsection (b) of this section—
(1) Wyoming may allow the operation of additional vehicle configurations not in actual operation on June 1, 1991, but authorized by State law not later than November 3, 1992, if the vehicle configurations comply with the single axle, tandem axle, and bridge formula limits in section 127(a) of title 23 and are not more than 117,000 pounds gross vehicle weight;
(2) Ohio may allow the operation of commercial motor vehicle combinations with 3 property-carrying units of 28.5 feet each (not including the truck tractor) not in actual operation on June 1, 1991, to be operated in Ohio on the 1-mile segment of Ohio State Route 7 that begins at and is south of exit 16 of the Ohio Turnpike;
(3) Alaska may allow the operation of commercial motor vehicle combinations that were not in actual operation on June 1, 1991, but were in actual operation before July 6, 1991;
(4) Iowa may allow the operation on Interstate Route 29 between Sioux City, Iowa, and the border between Iowa and South Dakota or on Interstate Route 129 between Sioux City, Iowa, and the border between Iowa and Nebraska of commercial motor vehicle combinations with trailer length, semitrailer length, and property-carrying unit length allowed by law or regulation and in actual lawful operation on a regular or periodic basis (including continued seasonal operation) in South Dakota or Nebraska, respectively, before June 2, 1991;
(5) Nebraska and Kansas may allow the operation of a truck tractor and 2 trailers or semitrailers not in actual lawful operation on a regular or periodic basis on June 1, 1991, if the length of the property-carrying units does not exceed 81 feet 6 inches and such combination is used only to transport equipment utilized by custom harvesters under contract to agricultural producers to harvest one or more of wheat, soybeans, and milo during the harvest months for such crops, as defined by the relevant state;11 So in original. Probably should be “State.” and
(6) Oregon may allow the operation of a truck tractor and 2 property-carrying units not in actual lawful operation on a regular or periodic basis on June 1, 1991, if—
(A) the length of the property-carrying units does not exceed 82 feet 8 inches;
(B) the combination is used only to transport sugar beets; and
(C) the operation occurs on United States Route 20, United States Route 26, United States Route 30, or Oregon Route 201 in the vicinity, or between any, of—
(i) Vale, Oregon;
(ii) Ontario, Oregon; or
(iii) Nyssa, Oregon.
(d) Additional Limitations.— (1) A commercial motor vehicle combination whose operation in a State is not prohibited under subsections (b) and (c) of this section may continue to operate in the State on highways described in subsection (b) only if at least in compliance with all State laws, regulations, limitations, and conditions, including routing-specific and configuration-specific designations and all other restrictions in force in the State on June 1, 1991. However, subject to regulations prescribed by the Secretary under subsection (g)(2) of this section, the State may make minor adjustments of a temporary and emergency nature to route designations and vehicle operating restrictions in effect on June 1, 1991, for specific safety purposes and road construction.
(2) This section does not prevent a State from further restricting in any way or prohibiting the operation of any commercial motor vehicle combination subject to this section, except that a restriction or prohibition shall be consistent with this section and sections 31113(a) and (b) and 31114 of this title.
(3) A State making a minor adjustment of a temporary and emergency nature as authorized by paragraph (1) of this subsection or further restricting or prohibiting the operation of a commercial motor vehicle combination as authorized by paragraph (2) of this subsection shall advise the Secretary not later than 30 days after the action. The Secretary shall publish a notice of the action in the Federal Register.
(4) 22 See 1996 Amendment note below. Nebraska may continue to allow to be operated under paragraphs (b)(1) and (b)(2) of this section,33 So in original. the State of Nebraska may allow longer combination vehicles that were not in actual operation on June 1, 1991 to be operated within its boundaries to transport sugar beets from the field where such sugar beets are harvested to storage, market, factory or stockpile or from stockpile to storage, market or factory. This provision shall expire on February 28, 1998.
(e) List of State Length Limitations.— (1) Not later than February 16, 1992, each State shall submit to the Secretary for publication a complete list of State length limitations applicable to commercial motor vehicle combinations operating in the State on the highways described in subsection (b) of this section. The list shall indicate the applicable State laws and regulations associated with the length limitations. If a State does not submit the information as required, the Secretary shall complete and file the information for the State.
(2) Not later than March 17, 1992, the Secretary shall publish an interim list in the Federal Register consisting of all information submitted under paragraph (1) of this subsection. The Secretary shall review for accuracy all information submitted by a State under paragraph (1) and shall solicit and consider public comment on the accuracy of the information.
(3) A law or regulation may not be included on the list submitted by a State or published by the Secretary merely because it authorized, or could have authorized, by permit or otherwise, the operation of commercial motor vehicle combinations not in actual operation on a regular or periodic basis before June 2, 1991.
(4) Except as revised under this paragraph or paragraph (5) of this subsection, the list shall be published as final in the Federal Register not later than June 15, 1992. In publishing the final list, the Secretary shall make any revisions necessary to correct inaccuracies identified under paragraph (2) of this subsection. After publication of the final list, commercial motor vehicle combinations prohibited under subsection (b) of this section may not operate on the Dwight D. Eisenhower System of Interstate and Defense Highways and other Federal-aid Primary System highways designated by the Secretary except as published on the list. The list may be combined by the Secretary with the list required under section 127(d) of title 23.
(5) On the Secretarys own motion or on request by any person (including a State), the Secretary shall review the list published under paragraph (4) of this subsection. If the Secretary decides there is reason to believe a mistake was made in the accuracy of the list, the Secretary shall begin a proceeding to decide whether a mistake was made. If the Secretary decides there was a mistake, the Secretary shall publish the correction.
(f) Limitations on Statutory Construction.— This section may not be construed—
(1) to allow the operation on any segment of the Dwight D. Eisenhower System of Interstate and Defense Highways of a longer combination vehicle prohibited under section 127(d) of title 23;
(2) to affect in any way the operation of a commercial motor vehicle having only one property-carrying unit; or
(3) to affect in any way the operation in a State of a commercial motor vehicle with more than one property-carrying unit if the vehicle was in actual operation on a regular or periodic basis (including seasonal operation) in that State before June 2, 1991, that was authorized under State law or regulation or lawful State permit.
(g) Regulations.— (1) In carrying out this section only, the Secretary shall define by regulation loads that cannot be dismantled easily or divided easily.
(2) Not later than June 15, 1992, the Secretary shall prescribe regulations establishing criteria for a State to follow in making minor adjustments under subsection (d) of this section.
(Pub. L. 103272, § 1(e), July 5, 1994, 108 Stat. 995; Pub. L. 10459, title III, § 312(a)(3), Nov. 28, 1995, 109 Stat. 584; Pub. L. 104205, title III, § 352, Sept. 30, 1996, 110 Stat. 2980; Pub. L. 10566, title III, § 343, Oct. 27, 1997, 111 Stat. 1449; Pub. L. 10959, title IV, § 4112, Aug. 10, 2005, 119 Stat. 1724; Pub. L. 11494, div. A, title V, § 5523(c)(1), Dec. 4, 2015, 129 Stat. 1560; Pub. L. 114113, div. L, title I, § 137, Dec. 18, 2015, 129 Stat. 2851; Pub. L. 1166, div. G, title IV, § 423, Feb. 15, 2019, 133 Stat. 474.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 31112(a)(1)49 App.:2311(j)(7).Jan 6, 1983, Pub. L. 97424, 96 Stat. 2159, § 411(j); added Dec. 18, 1991, Pub. L. 102240, § 4006(a), 105 Stat. 2148. 31112(a)(2)49 App.:2311(j)(3). 31112(b)49 App.:2311(j)(1). 31112(c)49 App.:2311(j)(2). 31112(d)49 App.:2311(j)(4). 31112(e)49 App.:2311(j)(5). 31112(f)49 App.:2311(j)(6). 31112(g)(1)49 App.:2311(j)(9). 31112(g)(2)49 App.:2311(j)(8). In this section, the word “property” is substituted for “cargo”, and the word “law” is substituted for “statute”, for consistency in the revised title. The words “Dwight D. Eisenhower System of Interstate and Defense Highways” are substituted for “National System of Interstate and Defense Highways” because of the Act of October 15, 1990 (Public Law 101427, 104 Stat. 927). In subsections (b), before clause (1), and (g)(1), the words “dismantled easily or divided easily” are substituted for “easily dismantled or divided” for clarity. In subsection (e)(4), the words “Except as revised under this paragraph or paragraph (5) of this subsection” are substituted for “Except as modified pursuant to subparagraph (B) or (E) of this subsection” for clarity.
Editorial Notes
Amendments2019—Subsec. (c). Pub. L. 1166 substituted “Kansas, and Oregon” for “and Kansas” in heading and added par. (6). 2015—Subsec. (a)(1). Pub. L. 11494 inserted before period at end “, but not including a trailer or a semitrailer transported as part of a towaway trailer transporter combination (as defined in section 31111(a))”. Subsec. (c). Pub. L. 114113, § 137(b)(1), substituted “Nebraska, and Kansas” for “and Nebraska” in heading. Subsec. (c)(3). Pub. L. 114113, § 137(b)(2), substituted a semicolon for “; and” at end. Subsec. (c)(4). Pub. L. 114113, § 137(b)(3), substituted “; and” for period at end. Subsec. (c)(5). Pub. L. 114113, § 137(a), substituted “Nebraska and Kansas may” for “Nebraska may” and “the relevant state” for “the State of Nebraska”. 2005—Subsec. (c). Pub. L. 10959, § 4112(b), substituted “Iowa, and Nebraska” for “and Iowa” in heading. Subsec. (c)(5). Pub. L. 10959, § 4112(a), added par. (5). 1997—Subsec. (d)(4). Pub. L. 10566 substituted “February 28, 1998” for “September 30, 1997”. 1996—Subsec. (d)(4). Pub. L. 104205, which directed amendment of this section by adding a new subsection designated par. (4) without specifying where, was executed by adding par. (4) to subsec. (d) to reflect the probable intent of Congress. 1995—Subsec. (c). Pub. L. 10459 substituted “Alaska, and Iowa” for “and Alaska” in heading and added par. (4).
Statutory Notes and Related Subsidiaries
Change of Name Pub. L. 118154, § 1(b), (c), Dec. 17, 2024, 138 Stat. 1691, provided that: “(b) Designation.—United States Route 20 in each of the States of Oregon, Idaho, Montana, Wyoming, Nebraska, Iowa, Illinois, Indiana, Ohio, Pennsylvania, New York, and Massachusetts shall be known and designated as the National Medal of Honor Highway. “(c) References.—Any reference in a law, map, regulation, document, paper, or other record of the United States to the highway referred to in subsection (b) shall be deemed to be a reference to the National Medal of Honor Highway.”
Effective Date of 2015 AmendmentAmendment by Pub. L. 11494 effective Oct. 1, 2015, see section 1003 of Pub. L. 11494, set out as a note under section 5313 of Title 5, Government Organization and Employees.
@@ -0,0 +1,67 @@
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# 49 U.S.C. § 31113 - Width limitations
## Text
(a) General Limitations.— (1) Except as provided in subsection (e) of this section, a State (except Hawaii) may not prescribe or enforce a regulation of commerce that imposes a vehicle width limitation of more or less than 102 inches on a commercial motor vehicle operating on—
(A) a segment of the Dwight D. Eisenhower System of Interstate and Defense Highways (except a segment exempted under subsection (e) of this section);
(B) a qualifying Federal-aid highway designated by the Secretary of Transportation, with traffic lanes designed to be at least 12 feet wide; or
(C) a qualifying Federal-aid Primary System highway designated by the Secretary if the Secretary decides the designation is consistent with highway safety.
(2) Notwithstanding paragraph (1) of this subsection, a State may continue to enforce a regulation of commerce in effect on April 6, 1983, that applies to a commercial motor vehicle of more than 102 inches in width, until the date on which the State prescribes a regulation of commerce that complies with this subsection.
(3) A Federal-aid highway (except an interstate highway) not designated under this subsection on June 5, 1984, may be designated under this subsection only with the agreement of the chief executive officer of the State in which the highway is located.
(b) Exclusion of Safety and Energy Conservation Devices.— Width calculated under this section does not include a safety or energy conservation device the Secretary decides is necessary for safe and efficient operation of a commercial motor vehicle.
(c) Special Use Permits.— A State may grant a special use permit to a commercial motor vehicle that is more than 102 inches in width.
(d) State Enforcement.— Consistent with this section, a State may enforce a commercial motor vehicle width limitation of 102 inches on a segment of the Dwight D. Eisenhower System of Interstate and Defense Highways (except a segment exempted under subsection (e) of this section) or other qualifying Federal-aid highway designated by the Secretary.
(e) Exemptions.— (1) If the chief executive officer of a State, after consulting under paragraph (2) of this subsection, decides a segment of the Dwight D. Eisenhower System of Interstate and Defense Highways is not capable of safely accommodating a commercial motor vehicle having the width provided in subsection (a) of this section, the chief executive officer may notify the Secretary of that decision and request the Secretary to exempt that segment from subsection (a) to allow the State to impose a width limitation of less than 102 inches for a vehicle (except a bus) on that segment.
(2) Before making a decision under paragraph (1) of this subsection, the chief executive officer shall consult with units of local government in the State in which the segment of the Dwight D. Eisenhower System of Interstate and Defense Highways is located and with the chief executive officer of any adjacent State that may be directly affected by the exemption. As part of the consultations, consideration shall be given to any potential alternative route that serves the area in which the segment is located and can safely accommodate a commercial motor vehicle having the width provided for in subsection (a) of this section.
(3) A chief executive officers notification under this subsection must include specific evidence of safety problems supporting the officers decision and the results of consultations about alternative routes.
(4) (A) If the Secretary decides, on request of a chief executive officer or on the Secretarys own initiative, a segment of the Dwight D. Eisenhower System of Interstate and Defense Highways is not capable of safely accommodating a commercial motor vehicle having a width provided in subsection (a) of this section, the Secretary shall exempt the segment from subsection (a) to allow the State to impose a width limitation of less than 102 inches for a vehicle (except a bus) on that segment. Before making a decision under this paragraph, the Secretary shall consider any possible alternative route that serves the area in which the segment is located.
(B) The Secretary shall make a decision about a specific segment not later than 120 days after the date of receipt of notification from a chief executive officer under paragraph (1) of this subsection or the date on which the Secretary initiates action under subparagraph (A) of this paragraph, whichever is applicable. If the Secretary finds the decision will not be made in time, the Secretary immediately shall notify Congress, giving the reasons for the delay, information about the resources assigned, and the projected date for the decision.
(C) Before making a decision, the Secretary shall give an interested person notice and an opportunity for comment. If the Secretary exempts a segment under this subsection before the final regulations under subsection (a) of this section are prescribed, the Secretary shall include the exemption as part of the final regulations. If the Secretary exempts the segment after the final regulations are prescribed, the Secretary shall publish the exemption as an amendment to the final regulations.
(Pub. L. 103272, § 1(e), July 5, 1994, 108 Stat. 997.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 31113(a)49 App.:2316(a), (f).Jan. 6, 1983, Pub. L. 97424, 96 Stat. 2097, § 416(a), (d), (f); added Apr. 5, 1983, Pub. L. 9817, § 1(a), 97 Stat. 59; Oct. 30, 1984, Pub. L. 98554, §§ 103(1), 104(d), (e), 105, 98 Stat. 2830, 2831. 31113(b)49 App.:2316(b).Jan. 6, 1983, Pub. L. 97424, 96 Stat. 2097, § 416(b), (c); added Apr. 5, 1983, Pub. L. 9817, § 1(a), 97 Stat. 59. 31113(c)49 App.:2316(c). 31113(d)49 App.:2316(d). 31113(e)49 App.:2316(e).Jan. 6, 1983, Pub. L. 97424, 96 Stat. 2097, § 416(e); added Oct. 30, 1984, Pub. L. 98554, § 103(2), 98 Stat. 2830. In this section, the word “commercial” is added before “motor vehicle” for consistency. The words “Dwight D. Eisenhower System of Interstate and Defense Highways” are substituted for “National System of Interstate and Defense Highways” because of the Act of October 15, 1990 (Public Law 101427, 104 Stat. 927). In subsection (a)(1), before clause (A), the text of 49 App.:2316(f) is omitted as obsolete. The word “prescribe” is substituted for “establish, maintain” for consistency in the revised title and with other titles of the United States Code. The words “a commercial motor vehicle operating on” are added for clarity. In subsection (b), the words “or energy conservation” are added for consistency with section 31111(d) of the revised title and because of the reference to “efficient operation”. In subsection (e)(4)(C), the word “amendment” is substituted for “revision” for consistency in the revised title.
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# 49 U.S.C. § 31114 - Access to the Interstate System
## Text
(a) Prohibition on Denying Access.— A State may not enact or enforce a law denying to a commercial motor vehicle subject to this subchapter or subchapter I of this chapter reasonable access between—
(1) the Dwight D. Eisenhower System of Interstate and Defense Highways (except a segment exempted under section 31111(f) or 31113(e) of this title) and other qualifying Federal-aid Primary System highways designated by the Secretary of Transportation; and
(2) terminals, facilities for food, fuel, repairs, and rest, and points of loading and unloading for household goods carriers, motor carriers of passengers, any towaway trailer transporter combination (as defined in section 31111(a)), or any truck tractor-semitrailer combination in which the semitrailer has a length of not more than 28.5 feet and that generally operates as part of a vehicle combination described in section 31111(c) of this title.
(b) Exception.— This section does not prevent a State or local government from imposing reasonable restrictions, based on safety considerations, on a truck tractor-semitrailer combination in which the semitrailer has a length of not more than 28.5 feet and that generally operates as part of a vehicle combination described in section 31111(c) of this title.
(Pub. L. 103272, § 1(e), July 5, 1994, 108 Stat. 999; Pub. L. 11494, div. A, title V, § 5523(c)(2), Dec. 4, 2015, 129 Stat. 1560.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 31114(a)49 App.:2312(a).Jan. 6, 1983, Pub. L. 97424, § 412, 96 Stat. 2160; Oct. 30, 1984, Pub. L. 98554, §§ 104(c), 106, 98 Stat. 2831, 2832; Dec. 18, 1991, Pub. L. 102240, § 4006(b)(2), 105 Stat. 2151. 31114(b)49 App.:2312(b). In subsection (a), the words “Dwight D. Eisenhower System of Interstate and Defense Highways” are substituted for “Interstate and Defense Highway System” for consistency in the revised chapter.
Editorial Notes
Amendments2015—Subsec. (a)(2). Pub. L. 11494 inserted “any towaway trailer transporter combination (as defined in section 31111(a)),” after “passengers,”.
Statutory Notes and Related Subsidiaries
Effective Date of 2015 AmendmentAmendment by Pub. L. 11494 effective Oct. 1, 2015, see section 1003 of Pub. L. 11494, set out as a note under section 5313 of Title 5, Government Organization and Employees.
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# 49 U.S.C. § 31115 - Enforcement
## Text
On the request of the Secretary of Transportation, the Attorney General shall bring a civil action for appropriate injunctive relief to ensure compliance with this subchapter or subchapter I of this chapter. The action may be brought in a district court of the United States in any State in which the relief is required. On a proper showing, the court shall issue a temporary restraining order or preliminary or permanent injunction. An injunction under this section may order a State or person to comply with this subchapter, subchapter I, or a regulation prescribed under this subchapter or subchapter I.
(Pub. L. 103272, § 1(e), July 5, 1994, 108 Stat. 999.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 3111549 App.:2313.Jan. 6, 1983, Pub. L. 97424, § 413, 96 Stat. 2160; Oct. 30, 1984, Pub. L. 98554, § 214, 98 Stat. 2844. The words “to assure compliance with the terms of this chapter” and “In any action under this section” are omitted as surplus. The last sentence is substituted for 49 App.:2313 (last sentence) for clarity and to eliminate unnecessary words.
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# 49 U.S.C. § 31131 - Purposes and findings
## Text
(a) Purposes.— The purposes of this subchapter are—
(1) to promote the safe operation of commercial motor vehicles;
(2) to minimize dangers to the health of operators of commercial motor vehicles and other employees whose employment directly affects motor carrier safety; and
(3) to ensure increased compliance with traffic laws and with the commercial motor vehicle safety and health regulations and standards prescribed and orders issued under this chapter.
(b) Findings.— Congress finds—
(1) it is in the public interest to enhance commercial motor vehicle safety and thereby reduce highway fatalities, injuries, and property damage;
(2) improved, more uniform commercial motor vehicle safety measures and strengthened enforcement would reduce the number of fatalities and injuries and the level of property damage related to commercial motor vehicle operations;
(3) enhanced protection of the health of commercial motor vehicle operators is in the public interest; and
(4) interested State governments can provide valuable assistance to the United States Government in ensuring that commercial motor vehicle operations are conducted safely and healthfully.
(Pub. L. 103272, § 1(e), July 5, 1994, 108 Stat. 999.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 31131(a)49 App.:2501.Oct. 30, 1984, Pub. L. 98554, §§ 202, 203, 98 Stat. 2832. 31131(b)49 App.:2502. In subsection (a)(3), the words “this chapter” are substituted for “this Act” because title II of the Act of October 30, 1984 (Public Law 98554, 98 Stat. 2832), amended and enacted provisions restated in this chapter.
Statutory Notes and Related Subsidiaries
Exemptions From Requirements of This Subchapter for Certain Farm VehiclesFor provisions relating to exemptions from certain requirements of this subchapter with respect to certain farm vehicles and individuals operating those vehicles, see section 32934 of Pub. L. 112141, set out as a note under section 31136 of this title.
Traffic Law InitiativePub. L. 106159, title II, § 220, Dec. 9, 1999, 113 Stat. 1769, provided that: “(a) In General.—In cooperation with one or more States, the Secretary may carry out a program to develop innovative methods of improving motor carrier compliance with traffic laws. Such methods may include the use of photography and other imaging technologies. “(b) Report.—The Secretary shall transmit to Congress a report on the results of any program conducted under this section, together with any recommendations as the Secretary determines appropriate.”
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# 49 U.S.C. § 31132 - Definitions
## Text
In this subchapter—
(1) “commercial motor vehicle” means a self-propelled or towed vehicle used on the highways in interstate commerce to transport passengers or property, if the vehicle—
(A) has a gross vehicle weight rating or gross vehicle weight of at least 10,001 pounds, whichever is greater;
(B) is designed or used to transport more than 8 passengers (including the driver) for compensation;
(C) is designed or used to transport more than 15 passengers, including the driver, and is not used to transport passengers for compensation; or
(D) is used in transporting material found by the Secretary of Transportation to be hazardous under section 5103 of this title and transported in a quantity requiring placarding under regulations prescribed by the Secretary under section 5103.
(2) “employee” means an operator of a commercial motor vehicle (including an independent contractor when operating a commercial motor vehicle), a mechanic, a freight handler, or an individual not an employer, who—
(A) directly affects commercial motor vehicle safety in the course of employment; and
(B) is not an employee of the United States Government, a State, or a political subdivision of a State acting in the course of the employment by the Government, a State, or a political subdivision of a State.
(3) “employer”—
(A) means a person engaged in a business affecting interstate commerce that owns or leases a commercial motor vehicle in connection with that business, or assigns an employee to operate it; but
(B) does not include the Government, a State, or a political subdivision of a State.
(4) “interstate commerce” means trade, traffic, or transportation in the United States between a place in a State and—
(A) a place outside that State (including a place outside the United States); or
(B) another place in the same State through another State or through a place outside the United States.
(5) “intrastate commerce” means trade, traffic, or transportation in a State that is not interstate commerce.
(6) “medical examiner” means an individual licensed, certified, or registered in accordance with regulations issued by the Federal Motor Carrier Safety Administration as a medical examiner.
(7) “regulation” includes a standard or order.
(8) “State” means a State of the United States, the District of Columbia, and, in sections 31136 and 3114031142 11 See References in Text note below. of this title, a political subdivision of a State.
(9) “State law” includes a law enacted by a political subdivision of a State.
(10) “State regulation” includes a regulation prescribed by a political subdivision of a State.
(11) “United States” means the States of the United States and the District of Columbia.
(Pub. L. 103272, § 1(e), July 5, 1994, 108 Stat. 1000; Pub. L. 10488, title I, § 104(f), Dec. 29, 1995, 109 Stat. 919; Pub. L. 105178, title IV, § 4008(a), June 9, 1998, 112 Stat. 404; Pub. L. 10959, title IV, § 4116(c), Aug. 10, 2005, 119 Stat. 1728.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 3113249 App.:2503.Oct. 30, 1984, Pub. L. 98554, § 204, 98 Stat. 2833. The text of 49 App.:2503(6) is omitted as unnecessary because of 1:1. The text of 49 App.:2503(8) is omitted as surplus because the complete name of the Commercial Motor Vehicle Safety Regulatory Review Panel is used the first time the term appears in a section. The text of 49 App.:2503(9) is omitted as surplus because the complete name of the Secretary of Transportation is used the first time the term appears in a section.
Editorial Notes
References in TextSection 31140 of this title, referred to in par. (8), was repealed by Pub. L. 105178, title IV, § 4008(d), June 9, 1998, 112 Stat. 404.
Amendments2005—Pars. (6) to (11). Pub. L. 10959 added par. (6) and redesignated former pars. (6) to (10) as (7) to (11), respectively. 1998—Par. (1)(A). Pub. L. 105178, § 4008(a)(1), inserted “or gross vehicle weight” after “rating” and “, whichever is greater” after “pounds”. Par. (1)(B). Pub. L. 105178, § 4008(a)(2), which directed substitution of “more than 8 passengers (including the driver) for compensation;” for “passengers” and all that follows through semicolon at end, was executed by making the substitution for “passengers for compensation, but excluding vehicles providing taxicab service and having a capacity of not more than 6 passengers and not operated on a regular route or between specified places;” to reflect the probable intent of Congress. 1995—Par. (1)(B) to (D). Pub. L. 10488 added subpars. (B) and (C), redesignated former subpar. (C) as (D), and struck out former subpar. (B) which read as follows: “is designed to transport more than 15 passengers including the driver; or”.
Statutory Notes and Related Subsidiaries
Effective Date of 1995 AmendmentAmendment by Pub. L. 10488 effective Jan. 1, 1996, see section 2 of Pub. L. 10488, set out as an Effective Date note under section 1301 of this title.
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# 49 U.S.C. § 31133 - General powers of the Secretary of Transportation
## Text
(a) General.— In carrying out this subchapter and regulations prescribed under section 31102 of this title, the Secretary of Transportation may—
(1) conduct and make contracts for inspections and investigations;
(2) compile statistics;
(3) make reports;
(4) issue subpenas;
(5) require production of records and property;
(6) take depositions;
(7) hold hearings;
(8) prescribe recordkeeping and reporting requirements;
(9) conduct or make contracts for studies, development, testing, evaluation, and training; and
(10) perform other acts the Secretary considers appropriate.
(b) Consultation.— In conducting inspections and investigations under subsection (a) of this section, the Secretary shall consult, as appropriate, with employers and employees and their authorized representatives and offer them a right of accompaniment.
(c) Delegation.— The Secretary may delegate to a State receiving a grant under section 31102 of this title those duties and powers related to enforcement (including conducting investigations) of this subchapter and regulations prescribed under this subchapter that the Secretary considers appropriate.
(Pub. L. 103272, § 1(e), July 5, 1994, 108 Stat. 1001; Pub. L. 105178, title IV, § 4006(a), June 9, 1998, 112 Stat. 401.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 31133(a)49 App.:2510(a), (b) (1st sentence).Oct. 30, 1984, Pub. L. 98554, § 211, 98 Stat. 2841. 31133(b)49 App.:2510(c). 31133(c)49 App.:2510(b) (last sentence). In subsection (a), the words before clause (1) are substituted for “In carrying out the Secretarys functions under this chapter, the Secretary is authorized to” and “to carry out the provisions of this chapter, or regulations issued pursuant to section 2302 of this Appendix” to eliminate unnecessary words. Clause (10) is substituted for “perform such acts . . . as the Secretary determines necessary”. The text of 49 App.:2510(a) is omitted as covered by 49 App.:2510(b) (1st sentence). In subsection (b), the words “In conducting inspections and investigations” are substituted for “To carry out the Secretarys inspection and investigation functions” to eliminate unnecessary words. The words “or the Secretarys agent” are omitted as unnecessary.
Editorial Notes
Amendments1998—Subsec. (a)(1). Pub. L. 105178 inserted “and make contracts for” after “conduct”.
Statutory Notes and Related Subsidiaries
Border Staffing StandardsPub. L. 106159, title II, § 218, Dec. 9, 1999, 113 Stat. 1767, as amended by Pub. L. 11494, div. A, title V, § 5101(e)(10), Dec. 4, 2015, 129 Stat. 1525, provided that: “(a) Development and Implementation.—Not later than 1 year after the date of the enactment of this Act [Dec. 9, 1999], the Secretary shall develop and implement appropriate staffing standards for Federal and State motor carrier safety inspectors in international border areas. “(b) Factors To Be Considered.—In developing standards under subsection (a), the Secretary shall consider volume of traffic, hours of operation of the border facility, types of commercial motor vehicles, types of cargo, delineation of responsibility between Federal and State inspectors, and such other factors as the Secretary determines appropriate. “(c) Maintenance of Effort.—The standards developed and implemented under subsection (a) shall ensure that the United States and each State will not reduce its respective level of staffing of motor carrier safety inspectors in international border areas from its average level staffing for fiscal year 2000. “(d) Border Commercial Motor Vehicle and Safety Enforcement Programs.—“(1) Enforcement.—If, on October 1, 2001, and October 1 of each fiscal year thereafter, the Secretary has not ensured that the levels of staffing required by the standards developed under subsection (a) are deployed, the Secretary should designate the amount made available for allocation under section 31104(a)(1) of title 49, United States Code, for such fiscal year for States, local governments, and other persons for carrying out border commercial motor vehicle safety programs and enforcement activities and projects. “(2) Allocation.—If the Secretary makes a designation of an amount under paragraph (1), such amount shall be allocated by the Secretary to State agencies, local governments, and other persons that use and train qualified officers and employees in coordination with State motor vehicle safety agencies.”
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# 49 U.S.C. § 31134 - Requirement for registration and USDOT number
## Text
(a) In General.— Upon application, and subject to subsections (b) and (c), the Secretary shall register an employer or person subject to the safety jurisdiction of this subchapter. An employer or person may operate a commercial motor vehicle in interstate commerce only if the employer or person is registered by the Secretary under this section and receives a USDOT number. Nothing in this section shall preclude registration by the Secretary of an employer or person not engaged in interstate commerce. An employer or person subject to jurisdiction under subchapter I of chapter 135 of this title shall apply for commercial registration under section 13902 of this title.
(b) Withholding Registration.— The Secretary shall register an employer or person under subsection (a) only if the Secretary determines that—
(1) the employer or person seeking registration is willing and able to comply with the requirements of this subchapter and the regulations prescribed thereunder and chapter 51 and the regulations prescribed thereunder;
(2) (A) 11 So in original. There is no subpar. (B). during the 3-year period before the date of the filing of the application, the employer or person is not or was not related through common ownership, common management, common control, or common familial relationship to any other person or applicant for registration subject to this subchapter who, during such 3-year period, is or was unfit, unwilling, or unable to comply with the requirements listed in subsection (b)(1); or
(3) the employer or person has disclosed to the Secretary any relationship involving common ownership, common management, common control, or common familial relationship to any other person or applicant for registration subject to this subchapter.
(c) Revocation or Suspension of Registration.— The Secretary shall revoke the registration of an employer or person issued under subsection (a) after notice and an opportunity for a proceeding, or suspend the registration after giving notice of the suspension to the employer or person, if the Secretary determines that—
(1) the employers or persons authority to operate pursuant to chapter 139 of this title is subject to revocation or suspension under sections 22 So in original. Probably should be “section”. 13905(d)(1) or 13905(f) of this title;
(2) the employer or person has knowingly failed to comply with the requirements listed in subsection (b)(1);
(3) the employer or person has not disclosed any relationship through common ownership, common management, common control, or common familial relationship to any other person or applicant for registration subject to this subchapter that the Secretary determines is or was unfit, unwilling, or unable to comply with the requirements listed in subsection (b)(1);
(4) the employer or person refused to submit to the safety review required by section 31144(g) of this title.
(d) Periodic Registration Update.— The Secretary may require an employer to update a registration under this section not later than 30 days after a change in the employers address, other contact information, officers, process agent, or other essential information, as determined by the Secretary.
(e) State Authority.— Nothing in this section shall be construed as affecting the authority of a State to issue a Department of Transportation number under State law to a person operating in intrastate commerce.
(Added Pub. L. 112141, div. C, title II, § 32105(a), July 6, 2012, 126 Stat. 780.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 31134, Pub. L. 103272, § 1(e), July 5, 1994, 108 Stat. 1001; Pub. L. 104287, § 5(9), Oct. 11, 1996, 110 Stat. 3389, related to Commercial Motor Vehicle Safety Regulatory Review Panel, prior to repeal by Pub. L. 105178, title IV, § 4008(c), June 9, 1998, 112 Stat. 404.
Statutory Notes and Related Subsidiaries
Effective DateSection effective Oct. 1, 2012, see section 3(a) of Pub. L. 112141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
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# 49 U.S.C. § 31135 - Duties of employers and employees
## Text
(a) In General.— Each employer and employee shall comply with regulations on commercial motor vehicle safety prescribed by the Secretary of Transportation under this subchapter that apply to the employers or employees conduct.
(b) Noncompliance.— (1) Motor carriers.— Two or more motor carriers, employers, or persons shall not use common ownership, common management, common control, or common familial relationship to enable any or all such motor carriers, employers, or persons to avoid compliance, or mask or otherwise conceal non-compliance, or a history of non-compliance, with regulations prescribed under this subchapter or an order of the Secretary issued under this subchapter.
(2) Pattern.— If the Secretary finds that a motor carrier, employer, or person engaged in a pattern or practice of avoiding compliance, or masking or otherwise concealing noncompliance, with regulations prescribed under this subchapter, the Secretary—
(A) may withhold, suspend, amend, or revoke any part of the motor carriers, employers, or persons registration in accordance with section 13905 or 31134; and
(B) shall take into account such non-compliance for purposes of determining civil penalty amounts under section 521(b)(2)(D).
(3) Officers.— If the Secretary finds, after notice and an opportunity for proceeding, that an officer of a motor carrier, employer, or owner or operator has engaged in a pattern or practice of, or assisted a motor carrier, employer, or owner or operator in avoiding compliance, or masking or otherwise concealing noncompliance, while serving as an officer or such motor carrier, employer, or owner or operator, the Secretary may suspend, amend, or revoke any part of a registration granted to the officer individually under section 13902 or 31134.
(c) Regulations.— Not later than 1 year after the date of enactment of this subsection, the Secretary shall by regulation establish standards to implement subsection (b).
(d) Definitions.— In this section, the following definitions apply:
(1) Motor carrier.— The term “motor carrier” has the meaning such term has under section 13102.
(2) Officer.— The term “officer” means an owner, director, chief executive officer, chief operating officer, chief financial officer, safety director, vehicle maintenance supervisor, and driver supervisor of a motor carrier, regardless of the title attached to those functions, and any person, however designated, exercising controlling influence over the operations of a motor carrier.
(Pub. L. 103272, § 1(e), July 5, 1994, 108 Stat. 1003; Pub. L. 10959, title IV, § 4113(a), Aug. 10, 2005, 119 Stat. 1724; Pub. L. 112141, div. C, title II, § 32112, July 6, 2012, 126 Stat. 783.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 3113549 App.:2504.Oct. 30, 1984, Pub. L. 98554, § 205, 98 Stat. 2834.
Editorial Notes
References in TextThe date of enactment of this subsection, referred to in subsec. (c), is the date of enactment of Pub. L. 10959, which was approved Aug. 10, 2005.
Amendments2012—Subsec. (b). Pub. L. 112141 added subsec. (b) and struck out former subsec. (b). Prior to amendment, text read as follows: “If the Secretary finds that an officer of a motor carrier engages or has engaged in a pattern or practice of avoiding compliance, or masking or otherwise concealing noncompliance, with regulations on commercial motor vehicle safety prescribed under this subchapter, while serving as an officer of any motor carrier, the Secretary may suspend, amend, or revoke any part of the motor carriers registration under section 13905.” 2005—Pub. L. 10959 designated existing provisions as subsec. (a), inserted heading, and added subsecs. (b) to (d).
Statutory Notes and Related Subsidiaries
Effective Date of 2012 AmendmentAmendment by Pub. L. 112141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
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# 49 U.S.C. § 31137 - Electronic logging devices and brake maintenance regulations
## Text
(a) Use of Electronic Logging Devices.— Not later than 1 year after the date of enactment of the Commercial Motor Vehicle Safety Enhancement Act of 2012, the Secretary of Transportation shall prescribe regulations—
(1) requiring a commercial motor vehicle involved in interstate commerce and operated by a driver subject to the hours of service and the record of duty status requirements under part 395 of title 49, Code of Federal Regulations, be 11 So in original. Probably should be preceded by “to”. equipped with an electronic logging device to improve compliance by an operator of a vehicle with hours of service regulations prescribed by the Secretary; and
(2) ensuring that an electronic logging device is not used to harass a vehicle operator.
(b) Electronic Logging Device Requirements.— (1) In general.— The regulations prescribed under subsection (a) shall—
(A) require an electronic logging device—
(i) to accurately record commercial driver hours of service;
(ii) to record the location of a commercial motor vehicle;
(iii) to be tamper resistant; and
(iv) to be synchronized to the operation of the vehicle engine or be capable of recognizing when the vehicle is being operated;
(B) allow law enforcement to access the data contained in the device during a roadside inspection; and
(C) except as provided in paragraph (3), apply to a commercial motor vehicle beginning on the date that is 2 years after the date that the regulations are published as a final rule.
(2) Performance and design standards.— The regulations prescribed under subsection (a) shall establish performance standards—
(A) defining a standardized user interface to aid vehicle operator compliance and law enforcement review;
(B) establishing a secure process for standardized—
(i) and unique vehicle operator identification;
(ii) data access;
(iii) data transfer for vehicle operators between motor vehicles;
(iv) data storage for a motor carrier; and
(v) data transfer and transportability for law enforcement officials;
(C) establishing a standard security level for an electronic logging device and related components to be tamper resistant by using a methodology endorsed by a nationally recognized standards organization; and
(D) identifying each driver subject to the hours of service and record of duty status requirements under part 395 of title 49, Code of Federal Regulations.
(3) Exception.— A motor carrier, when transporting a motor home or recreation vehicle trailer within the definition of the term “driveaway-towaway operation” (as defined in section 390.5 of title 49, Code of Federal Regulations), may comply with the hours of service requirements by requiring each driver to use—
(A) a paper record of duty status form; or
(B) an electronic logging device.
(c) Certification Criteria.— (1) In general.— The regulations prescribed by the Secretary under this section shall establish the criteria and a process for the certification of electronic logging devices to ensure that the device meets the performance requirements under this section.
(2) Effect of noncertification.— Electronic logging devices that are not certified in accordance with the certification process referred to in paragraph (1) shall not be acceptable evidence of hours of service and record of duty status requirements under part 395 of title 49, Code of Federal Regulations.
(d) Additional Considerations.— The Secretary, in prescribing the regulations described in subsection (a), shall consider how such regulations may—
(1) reduce or eliminate requirements for drivers and motor carriers to retain supporting documentation associated with paper-based records of duty status if—
(A) data contained in an electronic logging device supplants such documentation; and
(B) using such data without paper-based records does not diminish the Secretarys ability to audit and review compliance with the Secretarys hours of service regulations; and
(2) include such measures as the Secretary determines are necessary to protect the privacy of each individual whose personal data is contained in an electronic logging device.
(e) Use of Data.— (1) In general.— The Secretary may utilize information contained in an electronic logging device only to enforce the Secretarys motor carrier safety and related regulations, including record-of-duty status regulations.
(2) Measures to preserve confidentiality of personal data.— The Secretary shall institute appropriate measures to preserve the confidentiality of any personal data contained in an electronic logging device and disclosed in the course of an action taken by the Secretary or by law enforcement officials to enforce the regulations referred to in paragraph (1).
(3) Enforcement.— The Secretary shall institute appropriate measures to ensure any information collected by electronic logging devices is used by enforcement personnel only for the purpose of determining compliance with hours of service requirements.
(f) Definitions.— In this section:
(1) Electronic logging device.— The term “electronic logging device” means an electronic device that—
(A) is capable of recording a drivers hours of service and duty status accurately and automatically; and
(B) meets the requirements established by the Secretary through regulation.
(2) Tamper resistant.— The term “tamper resistant” means resistant to allowing any individual to cause an electronic device to record the incorrect date, time, and location for changes to on-duty driving status of a commercial motor vehicle operator under part 395 of title 49, Code of Federal Regulations, or to subsequently alter the record created by that device.
(g) Brakes and Brake Systems Maintenance Regulations.— The Secretary shall maintain regulations on improved standards or methods to ensure that brakes and brake systems of commercial motor vehicles are maintained properly and inspected by appropriate employees. At a minimum, the regulations shall establish minimum training requirements and qualifications for employees responsible for maintaining and inspecting the brakes and brake systems.
(Pub. L. 103272, § 1(e), July 5, 1994, 108 Stat. 1004; Pub. L. 112141, div. C, title II, §§ 32301(b), 32931(a), July 6, 2012, 126 Stat. 786, 829; Pub. L. 11494, div. A, title V, §§ 5507, 5508(b)(2), Dec. 4, 2015, 129 Stat. 1553, 1554.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 31137(a)49 App.:2505 (note).Nov. 18, 1988, Pub. L. 100690, § 9104(b), 102 Stat. 4529. 31137(b)49 App.:2521.Oct. 30, 1984, Pub. L. 98554, 98 Stat. 2829, § 231; added Nov. 18, 1988, Pub. L. 100690, § 9110, 102 Stat. 4531. In subsection (b), the text of 49 App.:2521(a) is omitted as executed.
Editorial Notes
References in TextThe date of enactment of the Commercial Motor Vehicle Safety Enhancement Act of 2012, referred to in subsec. (a), is the date of enactment of title II of div. C of Pub. L. 112141, which was approved July 6, 2012.
Amendments2015—Pub. L. 11494, § 5508(b)(2), amended directory language of Pub. L. 112141, § 32301(b)(3). See 2012 Amendment note for subsecs. (a) to (f) below. Subsec. (b)(1)(C). Pub. L. 11494, § 5507(1), substituted “except as provided in paragraph (3), apply to” for “apply to”. Subsec. (b)(3). Pub. L. 11494, § 5507(2), added par. (3). 2012—Pub. L. 112141, § 32301(b)(1), substituted “Electronic logging devices and brake maintenance regulations” for “Monitoring device and brake maintenance regulations” in section catchline. Subsecs. (a) to (f). Pub. L. 112141, § 32301(b)(3), as amended by Pub. L. 11494, § 5508(b)(2), added subsecs. (a) to (f) and struck out former subsec. (a). Prior to amendment, text of subsec. (a) read as follows: “If the Secretary of Transportation prescribes a regulation about the use of monitoring devices on commercial motor vehicles to increase compliance by operators of the vehicles with hours of service regulations of the Secretary, the regulation shall ensure that the devices are not used to harass vehicle operators. However, the devices may be used to monitor productivity of the operators.” Former subsec. (b) redesignated (g). Subsec. (g). Pub. L. 112141, § 32931(a), which directed substitution of “The Secretary shall maintain” for “Not later than December 1, 1990, the Secretary shall prescribe”, was executed by making the substitution for “Not later than December 31, 1990, the Secretary shall prescribe”, to reflect the probable intent of Congress. Pub. L. 112141, § 32301(b)(2), redesignated subsec. (b) as (g).
Statutory Notes and Related Subsidiaries
Effective Date of 2015 AmendmentAmendment by section 5507 of Pub. L. 11494 effective Oct. 1, 2015, see section 1003 of Pub. L. 11494, set out as a note under section 5313 of Title 5, Government Organization and Employees. Pub. L. 11494, div. A, title V, § 5508(b), Dec. 4, 2015, 129 Stat. 1554, provided that the amendment made by section 5508(b)(2) is effective as of July 6, 2012, and as if included in Pub. L. 112141 as enacted.
Effective Date of 2012 AmendmentAmendment by Pub. L. 112141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
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# 49 U.S.C. § 31138 - Minimum financial responsibility for transporting passengers
## Text
(a) General Requirement.— (1) Transportation of passengers for compensation.— The Secretary of Transportation shall prescribe regulations to require minimum levels of financial responsibility sufficient to satisfy liability amounts established by the Secretary covering public liability and property damage for the transportation of passengers for compensation by motor vehicle in the United States between a place in a State and—
(A) a place in another State;
(B) another place in the same State through a place outside of that State; or
(C) a place outside the United States.
(2) Transportation of passengers not for compensation.— The Secretary may prescribe regulations to require minimum levels of financial responsibility sufficient to satisfy liability amounts established by the Secretary covering public liability and property damage for the transportation of passengers for commercial purposes, but not for compensation, by motor vehicle in the United States between a place in a State and—
(A) a place in another State;
(B) another place in the same State through a place outside of that State; or
(C) a place outside the United States.
(b) Minimum Amounts.— The level of financial responsibility established under subsection (a) of this section for a motor vehicle with a seating capacity of—
(1) at least 16 passengers shall be at least $5,000,000; and
(2) not more than 15 passengers shall be at least $1,500,000.
(c) Evidence of Financial Responsibility.— (1) Subject to paragraph (2) of this subsection, financial responsibility may be established by evidence of one or a combination of the following if acceptable to the Secretary of Transportation:
(A) insurance, including high self-retention.
(B) a guarantee.
(C) a surety bond issued by a bonding company authorized to do business in the United States.
(2) A person domiciled in a country contiguous to the United States and providing transportation to which a minimum level of financial responsibility under this section applies shall have evidence of financial responsibility in the motor vehicle when the person is providing the transportation. If evidence of financial responsibility is not in the vehicle, the Secretary of Transportation and the Secretary of the Treasury shall deny entry of the vehicle into the United States.
(3) A motor carrier may obtain the required amount of financial responsibility from more than one source provided the cumulative amount is equal to the minimum requirements of this section.
(4) Other persons.— The Secretary may require a person, other than a motor carrier (as defined in section 13102), transporting passengers by motor vehicle to file with the Secretary the evidence of financial responsibility specified in subsection (c)(1) in an amount not less than the greater of the amount required by subsection (b)(1) or the amount required for such person to transport passengers under the laws of the State or States in which the person is operating; except that the amount of the financial responsibility must be sufficient to pay not more than the amount of the financial responsibility for each final judgment against the person for bodily injury to, or death of, an individual resulting from the negligent operation, maintenance, or use of the motor vehicle, or for loss or damage to property, or both.
(d) Civil Penalty.— (1) If, after notice and an opportunity for a hearing, the Secretary of Transportation finds that a person (except an employee acting without knowledge) has knowingly violated this section or a regulation prescribed under this section, the person is liable to the United States Government for a civil penalty of not more than $10,000 for each violation. A separate violation occurs for each day the violation continues.
(2) The Secretary of Transportation shall impose the penalty by written notice. In determining the amount of the penalty, the Secretary shall consider—
(A) the nature, circumstances, extent, and gravity of the violation;
(B) with respect to the violator, the degree of culpability, any history of prior violations, the ability to pay, and any effect on the ability to continue doing business; and
(C) other matters that justice requires.
(3) The Secretary of Transportation may compromise the penalty before referring the matter to the Attorney General for collection.
(4) The Attorney General shall bring a civil action in an appropriate district court of the United States to collect a penalty referred to the Attorney General for collection under this subsection.
(5) The amount of the penalty may be deducted from amounts the Government owes the person. An amount collected under this section shall be deposited in the Highway Trust Fund (other than the Mass Transit Account).
(e) Nonapplication.— This section does not apply to a motor vehicle—
(1) transporting only school children and teachers to or from school;
(2) providing taxicab service (as defined in section 13102);
(3) carrying not more than 15 individuals in a single, daily round trip to and from work; or
(4) providing transportation service within a transit service area under an agreement with a Federal, State, or local government funded, in whole or in part, with a grant under section 5307, 5310, or 5311, including transportation designed and carried out to meet the special needs of elderly individuals and individuals with disabilities; except that, in any case in which the transit service area is located in more than 1 State, the minimum level of financial responsibility for such motor vehicle will be at least the highest level required for any of such States.
(Pub. L. 103272, § 1(e), July 5, 1994, 108 Stat. 1005; Pub. L. 10488, title I, § 104(c), (d), Dec. 29, 1995, 109 Stat. 919; Pub. L. 107298, § 3(b)(2), Nov. 26, 2002, 116 Stat. 2343; Pub. L. 10959, title IV, §§ 4120(a), 4121, Aug. 10, 2005, 119 Stat. 1733, 1734; Pub. L. 110244, title III, § 305(a), June 6, 2008, 122 Stat. 1619.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 31138(a)49:10927 (note).Sept. 20, 1982, Pub. L. 97261, § 18(a), 96 Stat. 1121. 31138(b)49:10927 (note).Sept. 20, 1982, Pub. L. 97261, § 18(b), (c), 96 Stat. 1121. 31138(c)49:10927 (note).Sept. 20, 1982, Pub. L. 97261, § 18(d), 96 Stat. 1121; Oct. 30, 1984, Pub. L. 98554, § 224, 98 Stat. 2847. 31138(d)49:10927 (note).Sept. 20, 1982, Pub. L. 97261, § 18(e), 96 Stat. 1122. 31138(e)49:10927 (note).Sept. 20, 1982, Pub. L. 97261, § 18(f), (g), 96 Stat. 1122. In subsection (b), before clause (1), the text of section 18(b)(1) (words beginning with “except”) and (2) (words beginning with “except”) and (c) of the Bus Regulatory Reform Act of 1982 (Public Law 97261, 96 Stat. 1121) is omitted as expired. The word “minimal” is omitted as surplus. In subsection (c)(1), the words “The Secretary shall establish, by regulation, methods and procedures to assure compliance with this section” are omitted as surplus. In subsection (d)(4), the words “The Attorney General shall bring a civil action . . . to collect a penalty referred to the Attorney General for collection under this subsection” are substituted for “Such civil penalty may be recovered in an action brought by the Attorney General on behalf of the United States” for consistency in the revised title. In subsection (d)(5), the words “when finally determined (or agreed upon in compromise)” are omitted as surplus. In subsection (e), before clause (1), the text of section 18(g) of the Bus Regulatory Reform Act of 1982 (Public Law 97261, 96 Stat. 1122) is omitted as unnecessary because of the restatement.
Editorial Notes
Amendments2008—Subsec. (a). Pub. L. 110244, § 305(a)(1), added subsec. (a) and struck out former subsec. (a). Prior to amendment, text read as follows: “The Secretary of Transportation shall prescribe regulations to require minimum levels of financial responsibility sufficient to satisfy liability amounts established by the Secretary covering public liability and property damage for the transportation of passengers by commercial motor vehicle in the United States between a place in a State and— “(1) a place in another State; “(2) another place in the same State through a place outside of that State; or “(3) a place outside the United States.” Subsec. (c)(4). Pub. L. 110244, § 305(a)(2), struck out “commercial” before “motor vehicle” in two places. 2005—Subsec. (a). Pub. L. 10959, § 4120(a)(1), struck out “for compensation” after “passengers” and inserted “commercial” before “motor vehicle” in introductory provisions. Subsec. (c)(4). Pub. L. 10959, § 4120(a)(2), added par. (4). Subsec. (d)(5). Pub. L. 10959, § 4121, substituted “Highway Trust Fund (other than the Mass Transit Account)” for “Treasury as miscellaneous receipts”. 2002—Subsec. (e)(2). Pub. L. 107298 amended par. (2) generally. Prior to amendment, par. (2) read as follows: “providing taxicab service, having a seating capacity of not more than 6 passengers, and not being operated on a regular route or between specified places;”. 1995—Subsec. (c)(3). Pub. L. 10488, § 104(c), added par. (3). Subsec. (e)(4). Pub. L. 10488, § 104(d), added par. (4).
Statutory Notes and Related Subsidiaries
Effective Date of 1995 AmendmentAmendment by Pub. L. 10488 effective Jan. 1, 1996, see section 2 of Pub. L. 10488, set out as an Effective Date note under section 1301 of this title.
Minimum Financial ResponsibilityPub. L. 11494, div. A, title V, § 5509, Dec. 4, 2015, 129 Stat. 1554, provided that: “(a) Transporting Property.—If the Secretary [of Transportation] proceeds with a rulemaking to determine whether to increase the minimum levels of financial responsibility required under section 31139 of title 49, United States Code, the Secretary shall consider, prior to issuing a final rule—“(1) the rulemakings potential impact on—“(A) the safety of motor vehicle transportation; and “(B) the motor carrier industry; “(2) the ability of the insurance industry to provide the required amount of insurance; “(3) the extent to which current minimum levels of financial responsibility adequately cover—“(A) medical care; “(B) compensation; and “(C) other identifiable costs; “(4) the frequency with which insurance claims exceed current minimum levels of financial responsibility in fatal accidents; and “(5) the impact of increased levels on motor carrier safety and accident reduction. “(b) Transporting Passengers.—“(1) In general.—Prior to initiating a rulemaking to change the minimum levels of financial responsibility under section 31138 of title 49, United States Code, the Secretary shall complete a study specific to the minimum financial responsibility requirements for motor carriers of passengers. “(2) Study contents.—A study under paragraph (1) shall include, to the extent practicable—“(A) a review of accidents, injuries, and fatalities in the over-the-road bus and school bus industries; “(B) a review of insurance held by over-the-road bus and public and private school bus companies, including companies of various sizes, and an analysis of whether such insurance is adequate to cover claims; “(C) an analysis of whether and how insurance affects the behavior and safety record of motor carriers of passengers, including with respect to crash reduction; and “(D) an analysis of the anticipated impacts of an increase in financial responsibility on insurance premiums for passenger carriers and service availability. “(3) Consultation.—In conducting a study under paragraph (1), the Secretary shall consult with—“(A) representatives of the over-the-road bus and private school bus transportation industries, including representatives of bus drivers; and “(B) insurers of motor carriers of passengers. “(4) Report.—If the Secretary undertakes a study under paragraph (1), the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the results of the study.”
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# 49 U.S.C. § 31139 - Minimum financial responsibility for transporting property
## Text
(a) Definitions.— In this section—
(1) “farm vehicle” means a vehicle—
(A) designed or adapted and used only for agriculture;
(B) operated by a motor private carrier (as defined in section 10102 of this title); and
(C) operated only incidentally on highways.
(2) “interstate commerce” includes transportation between a place in a State and a place outside the United States, to the extent the transportation is in the United States.
(3) “State” means a State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.
(b) General Requirement and Minimum Amount.— (1) The Secretary of Transportation shall prescribe regulations to require minimum levels of financial responsibility sufficient to satisfy liability amounts established by the Secretary covering public liability, property damage, and environmental restoration for the transportation of property by motor carrier or motor private carrier (as such terms are defined in section 13102 of this title) in the United States between a place in a State and—
(A) a place in another State;
(B) another place in the same State through a place outside of that State; or
(C) a place outside the United States.
(2) The level of financial responsibility established under paragraph (1) of this subsection shall be at least $750,000.
(c) Filing of Evidence of Financial Responsibility.— The Secretary may require a motor private carrier (as defined in section 13102) to file with the Secretary the evidence of financial responsibility specified in subsection (b) in an amount not less than the greater of the minimum amount required by this section or the amount required for such motor private carrier to transport property under the laws of the State or States in which the motor private carrier is operating; except that the amount of the financial responsibility must be sufficient to pay not more than the amount of the financial responsibility for each final judgment against the motor private carrier for bodily injury to, or death of, an individual resulting from negligent operation, maintenance, or use of the motor vehicle, or for loss or damage to property, or both.
(d) Requirements for Hazardous Matter and Oil.— (1) The Secretary of Transportation shall prescribe regulations to require minimum levels of financial responsibility sufficient to satisfy liability amounts established by the Secretary covering public liability, property damage, and environmental restoration for the transportation by motor vehicle in interstate or intrastate commerce of—
(A) hazardous material (as defined by the Secretary);
(B) oil or hazardous substances (as defined by the Administrator of the Environmental Protection Agency); or
(C) hazardous wastes (as defined by the Administrator).
(2) (A) Except as provided in subparagraph (B) of this paragraph, the level of financial responsibility established under paragraph (1) of this subsection shall be at least $5,000,000 for the transportation—
(i) of hazardous substances (as defined by the Administrator) in cargo tanks, portable tanks, or hopper-type vehicles, with capacities of more than 3,500 water gallons;
(ii) in bulk of class A explosives, poison gas, liquefied gas, or compressed gas; or
(iii) of large quantities of radioactive material.
(B) The Secretary of Transportation by regulation may reduce the minimum level in subparagraph (A) of this paragraph (to an amount not less than $1,000,000) for transportation described in subparagraph (A) in any of the territories of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands if—
(i) the chief executive officer of the territory requests the reduction;
(ii) the reduction will prevent a serious disruption in transportation service and will not adversely affect public safety; and
(iii) insurance of $5,000,000 is not readily available.
(3) The level of financial responsibility established under paragraph (1) of this subsection for the transportation of a material, oil, substance, or waste not subject to paragraph (2) of this subsection shall be at least $1,000,000. However, if the Secretary of Transportation finds it will not adversely affect public safety, the Secretary by regulation may reduce the amount for—
(A) a class of vehicles transporting such a material, oil, substance, or waste in intrastate commerce (except in bulk); and
(B) a farm vehicle transporting such a material or substance in interstate commerce (except in bulk).
(e) Foreign Motor Carriers and Private Carriers.— Regulations prescribed under this section may allow foreign motor carriers and foreign motor private carriers (as those terms are defined in section 10530 of this title) providing transportation of property under a certificate of registration issued under section 10530 to meet the minimum levels of financial responsibility under this section only when those carriers are providing transportation for property in the United States.
(f) Evidence of Financial Responsibility.— (1) Subject to paragraph (2) of this subsection, financial responsibility may be established by evidence of one or a combination of the following if acceptable to the Secretary of Transportation:
(A) insurance.
(B) a guarantee.
(C) a surety bond issued by a bonding company authorized to do business in the United States.
(D) qualification as a self-insurer.
(2) A person domiciled in a country contiguous to the United States and providing transportation to which a minimum level of financial responsibility under this section applies shall have evidence of financial responsibility in the motor vehicle when the person is providing the transportation. If evidence of financial responsibility is not in the vehicle, the Secretary of Transportation and the Secretary of the Treasury shall deny entry of the vehicle into the United States.
(3) A motor carrier may obtain the required amount of financial responsibility from more than one source provided the cumulative amount is equal to the minimum requirements of this section.
(g) Civil Penalty.— (1) If, after notice and an opportunity for a hearing, the Secretary of Transportation finds that a person (except an employee acting without knowledge) has knowingly violated this section or a regulation prescribed under this section, the person is liable to the United States Government for a civil penalty of not more than $10,000 for each violation. A separate violation occurs for each day the violation continues.
(2) The Secretary of Transportation shall impose the penalty by written notice. In determining the amount of the penalty, the Secretary shall consider—
(A) the nature, circumstances, extent, and gravity of the violation;
(B) with respect to the violator, the degree of culpability, any history of prior violations, the ability to pay, and any effect on the ability to continue doing business; and
(C) other matters that justice requires.
(3) The Secretary of Transportation may compromise the penalty before referring the matter to the Attorney General for collection.
(4) The Attorney General shall bring a civil action in an appropriate district court of the United States to collect a penalty referred to the Attorney General for collection under this subsection.
(5) The amount of the penalty may be deducted from amounts the Government owes the person. An amount collected under this section shall be deposited in the Highway Trust Fund (other than the Mass Transit Account).
(h) Nonapplication.— This section does not apply to a motor vehicle having a gross vehicle weight rating of less than 10,000 pounds if the vehicle is not used to transport in interstate or foreign commerce—
(1) class A or B explosives;
(2) poison gas; or
(3) a large quantity of radioactive material.
(Pub. L. 103272, § 1(e), July 5, 1994, 108 Stat. 1006; Pub. L. 10488, title I, § 104(e), Dec. 29, 1995, 109 Stat. 919; Pub. L. 10959, title IV, §§ 4120(b), 4121, Aug. 10, 2005, 119 Stat. 1733, 1734; Pub. L. 110244, title III, §§ 301(f), 305(b), June 6, 2008, 122 Stat. 1616, 1620.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 31139(a)49:10927 (note).July 1, 1980, Pub. L. 96296, § 30(h), 94 Stat. 823; Jan. 6, 1983, Pub. L. 97424, § 406(c), 96 Stat. 2159; Oct. 30, 1984, Pub. L. 98554, § 222(b), 98 Stat. 2847; Nov. 18, 1988, Pub. L. 100690, § 9112, 102 Stat. 4534. 31139(b)49:10927 (note).July 1, 1980, Pub. L. 96296, § 30(a), 94 Stat. 820; Jan. 6, 1983, Pub. L. 97424, § 406(a), 96 Stat. 2158. 31139(c)49:10927 (note).July 1, 1980, Pub. L. 96296, § 30(b), 94 Stat. 821; Jan. 6, 1983, Pub. L. 97424, § 406(a), 96 Stat. 2158; Oct. 30, 1984, Pub. L. 98554, § 222(a), 98 Stat. 2846; Nov. 16, 1990, Pub. L. 101615, § 23, 104 Stat. 3272. 31139(d)49:10927 (note).July 1, 1980, Pub. L. 96296, 94 Stat. 793, § 30(g); added Nov. 18, 1988, Pub. L. 100690, § 9112, 102 Stat. 4534. 31139(e)49:10927 (note).July 1, 1980, Pub. L. 96296, § 30(c), 94 Stat. 822; Jan. 6, 1983, Pub. L. 97424, § 406(b), 96 Stat. 2158.  July 1, 1980, Pub. L. 96296, § 30(e), 94 Stat. 822. 31139(f)49:10927 (note).July 1, 1980, Pub. L. 96296, § 30(d), 94 Stat. 822. 31139(g)49:10927 (note).July 1, 1980, Pub. L. 96296, § 30(f), 94 Stat. 823; Jan. 6, 1983, Pub. L. 97424, § 406(d), 96 Stat. 2159. In subsection (a), before clause (1), the text of section 30(h)(3) of the Motor Carrier Act of 1980 (Public Law 96296, 94 Stat. 823) is omitted as surplus because the complete name of the Secretary of Transportation is used the first time the term appears in a section. In clause (3), the words “(including its use in the terms interstate and intrastate)” are omitted as surplus. In subsections (b)(2) and (c)(2) and (3), the word “minimal” is omitted as surplus. In subsection (b)(2), the words “for any vehicle” are omitted as surplus. The words beginning with “except” are omitted as expired. The text of section 30(a)(3) of the Act (Public Law 96296, 94 Stat. 821) is omitted because the regulations have been issued. See 49 C.F.R. part 387. In subsection (c)(2), the text of section 30(b)(2)(B) of the Act (Public Law 96296, 94 Stat. 821) is omitted as expired. In subsection (c)(3), before clause (A), the text of section 30(b)(3)(A) of the Act (Public Law 96296, 94 Stat. 821) is omitted as expired. The text of section 30(b)(4) of the Act (Public Law 96296, 94 Stat. 822) is omitted because the regulations have been issued. See 49 C.F.R. part 387. The words “for any vehicle . . . in interstate or intrastate commerce” are omitted as unnecessary because of the reference to paragraph (1). In subsection (e)(1), the words “The Secretary shall establish, by regulation, methods and procedures to assure compliance with this section” are omitted as surplus. The text of section 30(e) of the Act (Public Law 96296, 94 Stat. 822) is omitted as executed. In subsection (f)(4), the words “The Attorney General shall bring a civil action . . . to collect a penalty referred to the Attorney General for collection under this subsection” are substituted for “Such civil penalty may be recovered in an action brought by the Attorney General on behalf of the United States” for consistency in the revised title. In subsection (f)(5), the words “when finally determined (or agreed upon in compromise)” are omitted as surplus. In subsection (g)(1) and (2), the words “any quantity of” are omitted as surplus.
Editorial Notes
Amendments2008—Subsec. (b)(1). Pub. L. 110244, § 305(b)(1), in introductory provisions, substituted “motor carrier or motor private carrier (as such terms are defined in section 13102 of this title)” for “commercial motor vehicle”. Subsec. (c). Pub. L. 110244, § 305(b)(2), struck out “commercial” before “motor vehicle”. Subsec. (g)(5). Pub. L. 110244, § 301(f), amended Pub. L. 10959, § 4121. See 2005 Amendment note below. 2005—Subsec. (b)(1). Pub. L. 10959, § 4120(b)(1), struck out “for compensation” after “property” and inserted “commercial” before “motor vehicle” in introductory provisions. Subsecs. (c) to (f). Pub. L. 10959, § 4120(b)(2), (3), added subsec. (c) and redesignated former subsecs. (c) to (e) as (d) to (f), respectively. Former subsec. (f) redesignated (g). Subsec. (g). Pub. L. 10959, § 4120(b)(2), redesignated subsec. (f) as (g). Former subsec. (g) redesignated (h). Subsec. (g)(5). Pub. L. 10959, § 4121, as amended by Pub. L. 110244, § 301(f), substituted “Highway Trust Fund (other than the Mass Transit Account)” for “Treasury as miscellaneous receipts”. Subsec. (h). Pub. L. 10959, § 4120(b)(2), redesignated subsec. (g) as (h). 1995—Subsec. (e)(3). Pub. L. 10488 added par. (3).
Statutory Notes and Related Subsidiaries
Effective Date of 2008 AmendmentAmendment by section 301(f) of Pub. L. 110244 effective as of the date of enactment of Pub. L. 10959 (Aug. 10, 2005) and to be treated as included in Pub. L. 10959 as of that date, and provisions of Pub. L. 10959, as in effect on the day before June 6, 2008, that are amended by Pub. L. 110244 to be treated as not enacted, see section 121(b) of Pub. L. 110244, set out as a note under section 101 of Title 23, Highways.
Effective Date of 1995 AmendmentAmendment by Pub. L. 10488 effective Jan. 1, 1996, see section 2 of Pub. L. 10488, set out as an Effective Date note under section 1301 of this title.
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# 49 U.S.C. § 31140 - Repealed. Pub. L. 105178, title IV, § 4008(d), June 9, 1998, 112 Stat. 404]
## Notes
Section, Pub. L. 103272, § 1(e), July 5, 1994, 108 Stat. 1008, related to submission of State laws and regulations for review by Secretary of Transportation and Commercial Motor Vehicle Safety Regulatory Review Panel.
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# 49 U.S.C. § 31141 - Review and preemption of State laws and regulations
## Text
(a) Preemption After Decision.— A State may not enforce a State law or regulation on commercial motor vehicle safety that the Secretary of Transportation decides under this section may not be enforced.
(b) Submission of Regulation.— A State receiving funds made available under section 31104 that enacts a State law or issues a regulation on commercial motor vehicle safety shall submit a copy of the law or regulation to the Secretary immediately after the enactment or issuance.
(c) Review and Decisions by Secretary.— (1) Review.— The Secretary shall review State laws and regulations on commercial motor vehicle safety. The Secretary shall decide whether the State law or regulation—
(A) has the same effect as a regulation prescribed by the Secretary under section 31136;
(B) is less stringent than such regulation; or
(C) is additional to or more stringent than such regulation.
(2) Regulations with same effect.— If the Secretary decides a State law or regulation has the same effect as a regulation prescribed by the Secretary under section 31136 of this title, the State law or regulation may be enforced.
(3) Less stringent regulations.— If the Secretary decides a State law or regulation is less stringent than a regulation prescribed by the Secretary under section 31136 of this title, the State law or regulation may not be enforced.
(4) Additional or more stringent regulations.— If the Secretary decides a State law or regulation is additional to or more stringent than a regulation prescribed by the Secretary under section 31136 of this title, the State law or regulation may be enforced unless the Secretary also decides that—
(A) the State law or regulation has no safety benefit;
(B) the State law or regulation is incompatible with the regulation prescribed by the Secretary; or
(C) enforcement of the State law or regulation would cause an unreasonable burden on interstate commerce.
(5) Consideration of effect on interstate commerce.— In deciding under paragraph (4) whether a State law or regulation will cause an unreasonable burden on interstate commerce, the Secretary may consider the effect on interstate commerce of implementation of that law or regulation with the implementation of all similar laws and regulations of other States.
(d) Waivers.— (1) A person (including a State) may petition the Secretary for a waiver of a decision of the Secretary that a State law or regulation may not be enforced under this section. The Secretary shall grant the waiver, as expeditiously as possible, if the person demonstrates to the satisfaction of the Secretary that the waiver is consistent with the public interest and the safe operation of commercial motor vehicles.
(2) Before deciding whether to grant or deny a petition for a waiver under this subsection, the Secretary shall give the petitioner an opportunity for a hearing on the record.
(e) Written Notice of Decisions.— Not later than 10 days after making a decision under subsection (c) of this section that a State law or regulation may not be enforced, the Secretary shall give written notice to the State of that decision.
(f) Judicial Review and Venue.— (1) Not later than 60 days after the Secretary makes a decision under subsection (c) of this section, or grants or denies a petition for a waiver under subsection (d) of this section, a person (including a State) adversely affected by the decision, grant, or denial may file a petition for judicial review. The petition may be filed in the court of appeals of the United States for the District of Columbia Circuit or in the court of appeals of the United States for the circuit in which the person resides or has its principal place of business.
(2) The court has jurisdiction to review the decision, grant, or denial and to grant appropriate relief, including interim relief, as provided in chapter 7 of title 5.
(3) A judgment of a court under this subsection may be reviewed only by the Supreme Court under section 1254 of title 28.
(4) The remedies provided for in this subsection are in addition to other remedies provided by law.
(g) Initiating Review Proceedings.— To review a State law or regulation on commercial motor vehicle safety under this section, the Secretary may initiate a regulatory proceeding on the Secretarys own initiative or on petition of an interested person (including a State).
(Pub. L. 103272, § 1(e), July 5, 1994, 108 Stat. 1008; Pub. L. 105178, title IV, § 4008(e), June 9, 1998, 112 Stat. 404.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 31141(a)49 App.:2507(a).Oct. 30, 1984, Pub. L. 98554, § 208(a)(g), (i), 98 Stat. 2836, 2838. 31141(b)49 App.:2507(b). 31141(c)49 App.:2507(c). 31141(d)49 App.:2507(d). 31141(e)49 App.:2507(e). 31141(f)49 App.:2507(f). 31141(g)49 App.:2507(g). 31141(h)49 App.:2507(h).Oct. 30, 1984, Pub. L. 98554, § 208(h), 98 Stat. 2838; Nov. 18, 1988, Pub. L. 100690, § 9109, 102 Stat. 4530. 49 App.:2507(i). In this section, language about whether a State law or regulation may be “in effect” is omitted as redundant to language about whether it may be “enforced”. The words “regulatory proceeding” are substituted for “rulemaking proceeding” for consistency in the revised title and because “rule” is synonymous with “regulation”. In subsection (a), the words “with respect to commercial motor vehicles” are omitted as surplus. In subsection (b)(1), the words “Not later than 18 months after October 30, 1984, and . . . thereafter” are omitted as obsolete. In subsection (g)(1), the words “court of appeals of the United States for the District of Columbia Circuit” are substituted for “United States court of appeals for the District of Columbia” to be more precise. In subsection (g)(2), the words “Upon the filing of a petition under paragraph (1) of this subsection” are omitted as surplus. Subsection (g)(3) is substituted for 49 App.:2507(g)(3) for consistency in this part and to eliminate unnecessary words. In subsection (h), the text of 49 App.:2507(h) and the words “After the last day of the 48-month period beginning on October 30, 1984” are omitted as obsolete.
Editorial Notes
Amendments1998—Subsecs. (b), (c). Pub. L. 105178, § 4008(e)(1), added subsecs. (b) and (c) and struck out headings and text of former subsecs. (b) and (c) which related to analysis and decisions by Commercial Motor Vehicle Safety Regulatory Review Panel and to review and decisions by Secretary, respectively. Subsecs. (e) to (h). Pub. L. 105178, § 4008(e)(2), (3), redesignated subsecs. (f) to (h) as (e) to (g), respectively, and struck out heading and text of former subsec. (e). Text read as follows: “The Secretary may consolidate regulatory proceedings under this section if the Secretary decides that the consolidation will not adversely affect a party to a proceeding.”
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# 49 U.S.C. § 31142 - Inspection of vehicles
## Text
(a) Inspection of Safety Equipment.— On the instruction of an authorized enforcement official of a State or of the United States Government, a commercial motor vehicle is required to pass an inspection of all safety equipment required under the regulations issued under section 31136.
(b) Inspection of Vehicles and Record Retention.— The Secretary of Transportation shall prescribe regulations on Government standards for inspection of commercial motor vehicles and retention by employers of records of an inspection. The standards shall provide for annual or more frequent inspections of a commercial motor vehicle unless the Secretary finds that another inspection system is as effective as an annual or more frequent inspection system. Regulations prescribed under this subsection are deemed to be regulations prescribed under section 31136 of this title.
(c) Preemption.— (1) Except as provided in paragraph (2) of this subsection, this subchapter and section 31102 of this title do not—
(A) prevent a State or voluntary group of States from imposing more stringent standards for use in their own periodic roadside inspection programs of commercial motor vehicles;
(B) prevent a State from enforcing a program for inspection of commercial motor vehicles that the Secretary decides is as effective as the Government standards prescribed under subsection (b) of this section;
(C) prevent a State from participating in the activities of a voluntary group of States enforcing a program for inspection of commercial motor vehicles; or
(D) require a State that is enforcing a program described in clause (B) or (C) of this paragraph to enforce a Government standard prescribed under subsection (b) of this section or to adopt a provision on inspection of commercial motor vehicles in addition to that program to comply with the Government standards.
(2) The Government standards prescribed under subsection (b) of this section shall preempt a program of a State described in paragraph (1)(C) of this subsection as the program applies to the inspection of commercial motor vehicles in that State. The State may not enforce the program if the Secretary—
(A) decides, after notice and an opportunity for a hearing, that the State is not enforcing the program in a way that achieves the objectives of this section; and
(B) after making a decision under clause (A) of this paragraph, provides the State with a 6-month period to improve the enforcement of the program to achieve the objectives of this section.
(d) Inspection To Be Accepted as Adequate in All States.— A periodic inspection of a commercial motor vehicle under the Government standards prescribed under subsection (b) of this section or a program described in subsection (c)(1)(B) or (C) of this section that is being enforced shall be recognized as adequate in every State for the period of the inspection. This subsection does not prohibit a State from making random inspections of commercial motor vehicles.
(e) Effect of Government Standards.— The Government standards prescribed under subsection (b) of this section may not be enforced as the standards apply to the inspection of commercial motor vehicles in a State enforcing a program described in subsection (c)(1)(B) or (C) of this section if the Secretary decides that it is in the public interest and consistent with public safety for the Government standards not to be enforced as they apply to that inspection.
(f) Application of State Regulations to Government-Leased Vehicles and Operators.— A State receiving financial assistance under section 31102 of this title in a fiscal year may enforce in that fiscal year a regulation on commercial motor vehicle safety adopted by the State as the regulation applies to commercial motor vehicles and operators leased to the Government.
(Pub. L. 103272, § 1(e), July 5, 1994, 108 Stat. 1010; Pub. L. 105178, title IV, § 4008(f), (g), June 9, 1998, 112 Stat. 405.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 31142(a)49 App.:2509(a).Oct. 30, 1984, Pub. L. 98554, § 210(a)(f), 98 Stat. 2839. 31142(b)49 App.:2509(b), (c). 31142(c)49 App.:2509(d). 31142(d)49 App.:2509(e). 31142(e)49 App.:2509(f). 31142(f)49 App.:2509(g).Oct. 30, 1984, Pub. L. 98554, 98 Stat. 2829, § 210(g); added Nov. 16, 1990, Pub. L. 101615, § 24, 104 Stat. 3273. In this section, language about whether a State law or regulation may be “in effect” is omitted as redundant to language about whether it may be “enforced”. In subsection (b), the words “shall prescribe regulations on” are substituted for “shall, by rule, establish” for consistency in the revised title and with other titles of the United States Code and because “rule” is synonymous with “regulation”. The words “For purposes of this chapter” are omitted as unnecessary. The text of 49 App.:2509(c) is omitted as executed. In subsection (c)(1), before clause (A), the words “this subchapter and section 31102 of this title do not” are substituted for “nothing in section 2302 of this Appendix or section 2507 of this Appendix or any other provision of this chapter shall be construed as” to eliminate unnecessary words.
Editorial Notes
Amendments1998—Subsec. (a). Pub. L. 105178, § 4008(f), substituted “the regulations issued under section 31136” for “part 393 of title 49, Code of Federal Regulations”. Subsec. (c)(1)(C). Pub. L. 105178, § 4008(g), amended subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: “prevent a State from enforcing a program for inspection of commercial motor vehicles that meets the requirements for membership in the Commercial Vehicle Safety Alliance, as those requirements were in effect on October 30, 1984; or”.
Statutory Notes and Related Subsidiaries
State Inspection of Passenger-Carrying Commercial Motor VehiclesPub. L. 11758, div. B, title III, § 23008, Nov. 15, 2021, 135 Stat. 764, provided that: “(a) In General.—Not later than 1 year after the date of enactment of this Act [Nov. 15, 2021], the Secretary [of Transportation] shall solicit additional comment on the advance notice of proposed rulemaking entitled State Inspection Programs for Passenger-Carrier Vehicles (81 Fed. Reg. 24769 (April 27, 2016)). “(b) Final Rule.—“(1) In general.—After reviewing all comments received in response to the solicitation under subsection (a), if the Secretary determines that data and information exist to support moving forward with a final rulemaking action, the Secretary shall issue a final rule relating to the advance notice of proposed rulemaking described in that subsection. “(2) Considerations.—In determining whether to issue a final rule under paragraph (1), the Secretary shall consider the impact of continuing to allow self-inspection as a means to satisfy periodic inspection requirements on the safety of passenger carrier operations.”
Update of Annual Inspection RegulationsPub. L. 117328, div. L, title I, § 131, Dec. 29, 2022, 136 Stat. 5119, provided that: “The Federal Motor Carrier Safety Administration shall update annual inspection regulations under Appendix G to subchapter B of chapter III of title 49, Code of Federal Regulations, as recommended by GAO19264.” Similar provisions were contained in the following appropriation acts: Pub. L. 117103, div. L, title I, § 131, Mar. 15, 2022, 136 Stat. 706. Pub. L. 116260, div. L, title I, § 131, Dec. 27, 2020, 134 Stat. 1844. Pub. L. 11694, div. H, title I, § 132, Dec. 20, 2019, 133 Stat. 2955.
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# 49 U.S.C. § 31143 - Investigating complaints and protecting complainants
## Text
(a) Investigating Complaints.— The Secretary of Transportation shall conduct a timely investigation of a nonfrivolous written complaint alleging that a substantial violation of a regulation prescribed under this subchapter is occurring or has occurred within the prior 60 days. The Secretary shall give the complainant timely notice of the findings of the investigation. The Secretary is not required to conduct separate investigations of duplicative complaints.
(b) Protecting Complainants.— Notwithstanding section 552 of title 5, the Secretary may disclose the identity of a complainant only if disclosure is necessary to prosecute a violation. If disclosure becomes necessary, the Secretary shall take every practical means within the Secretarys authority to ensure that the complainant is not subject to harassment, intimidation, disciplinary action, discrimination, or financial loss because of the disclosure.
(Pub. L. 103272, § 1(e), July 5, 1994, 108 Stat. 1012.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 31143(a)49 App.:2511(a).Oct. 30, 1984, Pub. L. 98554, § 212, 98 Stat. 2841. 31143(b)49 App.:2511(b).
Statutory Notes and Related Subsidiaries
Telephone Hotline for Reporting Safety ViolationsPub. L. 105178, title IV, § 4017, June 9, 1998, 112 Stat. 413, as amended by Pub. L. 106159, title II, § 213, Dec. 9, 1999, 113 Stat. 1766, provided that: “(a) In General.—For a period of not less than 2 years beginning on or before the 90th day following the date of enactment of this Act [June 9, 1998], the Secretary [of Transportation] shall establish, maintain, and promote the use of a nationwide toll-free telephone system to be used by drivers of commercial motor vehicles and others to report potential violations of Federal motor carrier safety regulations. “(b) Monitoring.—The Secretary shall monitor reports received by the telephone system and may consider nonfrivolous information provided by such reports in setting priorities for motor carrier safety audits and other enforcement activities. “(c) Staffing.—The toll-free telephone system shall be staffed 24 hours a day 7 days a week by individuals knowledgeable about Federal motor carrier safety regulations and procedures. “(d) Protection of Persons Reporting Violations.—“(1) Prohibition.—A person reporting a potential violation to the telephone system while acting in good faith may not be discharged, disciplined, or discriminated against regarding pay, terms, or privileges of employment because of the reporting of such violation. “(2) Applicability of section 31105 of title 49.—For purposes of section 31105 of title 49, United States Code, a violation or alleged violation of paragraph (1) shall be treated as a violation of section 31105(a) of such title. “(e) Funding.—From amounts set aside under [former] section 104(a)(1)(B) of title 23, United States Code, the Secretary may use not more than $250,000 for fiscal year 1999 and $375,000 for each of fiscal years 2000 through 2003 to carry out this section.”
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# 49 U.S.C. § 31145 - Coordination of Governmental activities and paperwork
## Text
The Secretary of Transportation shall coordinate the activities of departments, agencies, and instrumentalities of the United States Government to ensure adequate protection of the safety and health of operators of commercial motor vehicles. The Secretary shall attempt to minimize paperwork burdens to ensure maximum coordination and to avoid overlap and the imposition of unreasonable burdens on persons subject to regulations under this subchapter.
(Pub. L. 103272, § 1(e), July 5, 1994, 108 Stat. 1012.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 3114549 App.:2517(b).Oct. 30, 1984, Pub. L. 98554, § 220(b), 98 Stat. 2846.
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# 49 U.S.C. § 31146 - Relationship to other laws
## Text
Except as provided in section 31136(b) of this title, this subchapter and the regulations prescribed under this subchapter do not affect chapter 51 of this title or a regulation prescribed under chapter 51.
(Pub. L. 103272, § 1(e), July 5, 1994, 108 Stat. 1013.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 3114649 App.:2518.Oct. 30, 1984, Pub. L. 98554, § 221, 98 Stat. 2846.
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# 49 U.S.C. § 31147 - Limitations on authority
## Text
(a) Traffic Regulations.— This subchapter does not authorize the Secretary of Transportation to prescribe traffic safety regulations or preempt State traffic regulations. However, the Secretary may prescribe traffic regulations to the extent their subject matter was regulated under parts 390399 of title 49, Code of Federal Regulations, on October 30, 1984.
(b) Regulating the Manufacturing of Vehicles.— This subchapter does not authorize the Secretary to regulate the manufacture of commercial motor vehicles for any purpose, including fuel economy, safety, or emission control.
(Pub. L. 103272, § 1(e), July 5, 1994, 108 Stat. 1013.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 31147(a)49 App.:2519(a).Oct. 30, 1984, Pub. L. 98554, § 229, 98 Stat. 2853. 31147(b)49 App.:2519(b). In subsection (a), the word “prescribe” is substituted for “establish or maintain” for consistency in the revised title and with other titles of the United States Code.
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# 49 U.S.C. § 31148 - Certified motor carrier safety auditors
## Text
(a) In General.— Not later than 1 year after the date of the enactment of this section, the Secretary of Transportation shall complete a rulemaking to improve training and provide for the certification of motor carrier safety auditors, including private contractors, to conduct safety inspection audits and reviews described in subsection (b).
(b) Certified Inspection Audit Requirement.— Not later than 1 year after completion of the rulemaking required by subsection (a), any safety inspection audit or review required by, or based on the authority of, this chapter or chapter 5, 313, or 315 of this title and performed after December 31, 2002, shall be conducted by—
(1) a motor carrier safety auditor certified under subsection (a); or
(2) a Federal or State employee who, on the date of the enactment of this section, was qualified to perform such an audit or review.
(c) Extension.— If the Secretary determines that subsection (b) cannot be implemented within the 1-year period established by that subsection and notifies the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives of the determination and the reasons therefor, the Secretary may extend the deadline for compliance with subsection (b) by not more than 12 months.
(d) Application With Other Authority.— The Secretary may not delegate the Secretarys authority to private contractors to issue ratings or operating authority, and nothing in this section authorizes any private contractor to issue ratings or operating authority.
(e) Oversight Responsibility.— The Secretary shall have authority over any motor carrier safety auditor certified under subsection (a), including the authority to decertify a motor carrier safety auditor.
(Added Pub. L. 106159, title II, § 211(a), Dec. 9, 1999, 113 Stat. 1765.)
## Notes
Editorial Notes
References in TextThe date of the enactment of this section, referred to in subsecs. (a) and (b)(2), is the date of enactment of Pub. L. 106159, which was approved Dec. 9, 1999.
Statutory Notes and Related Subsidiaries
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# 49 U.S.C. § 31149 - Medical program
## Text
(a) Medical Review Board.— (1) Establishment and function.— The Secretary of Transportation shall establish a Medical Review Board to provide the Federal Motor Carrier Safety Administration with medical advice and recommendations on medical standards and guidelines for the physical qualifications of operators of commercial motor vehicles, medical examiner education, and medical research.
(2) Composition.— The Medical Review Board shall be appointed by the Secretary and shall consist of 5 members selected from medical institutions and private practice. The membership shall reflect expertise in a variety of medical specialties relevant to the driver fitness requirements of the Federal Motor Carrier Safety Administration.
(b) Chief Medical Examiner.— The Secretary shall appoint a chief medical examiner who shall be an employee of the Federal Motor Carrier Safety Administration and who shall hold a position under section 3104 of title 5, United States Code, relating to employment of specially qualified scientific and professional personnel, and shall be paid under section 5376 of title 5, United States Code, relating to pay for certain senior-level positions.
(c) Medical Standards and Requirements.— (1) In general.— The Secretary, with the advice of the Medical Review Board and the chief medical examiner, shall—
(A) establish, review, and revise—
(i) medical standards for operators of commercial motor vehicles that will ensure that the physical condition of operators of commercial motor vehicles is adequate to enable them to operate the vehicles safely; and
(ii) requirements for periodic physical examinations of such operators performed by medical examiners who have, at a minimum, self-certified that they have completed training in physical and medical examination standards and are listed on a national registry maintained by the Department of Transportation;
(B) require each such operator to have a current valid medical certificate;
(C) conduct periodic reviews of a select number of medical examiners on the national registry to ensure that proper examinations of such operators are being conducted;
(D) not later than 1 year after enactment of the Commercial Motor Vehicle Safety Enhancement Act of 2012, develop requirements for a medical examiner to be listed in the national registry under this section, including—
(i) the completion of specific courses and materials;
(ii) certification, including, at a minimum, self-certification, if the Secretary determines that self-certification is necessary for sufficient participation in the national registry, to verify that a medical examiner completed specific training, including refresher courses, that the Secretary determines necessary to be listed in the national registry;
(iii) an examination that requires a passing grade; and
(iv) demonstration of a medical examiners willingness to meet the reporting requirements established by the Secretary;
(E) require medical examiners to transmit electronically, on a monthly basis, the name of the applicant, a numerical identifier, and additional information contained on the medical examiners certificate for any completed medical examination report required under section 391.43 of title 49, Code of Federal Regulations, to the chief medical examiner;
(F) periodically review a representative sample of the medical examination reports associated with the name and numerical identifiers of applicants transmitted under subparagraph (E) for errors, omissions, or other indications of improper certification; and
(G) annually review the implementation of commercial drivers license requirements by not fewer than 10 States to assess the accuracy, validity, and timeliness of—
(i) the submission of physical examination reports and medical certificates to State licensing agencies; and
(ii) the processing of the submissions by State licensing agencies.
(2) Monitoring performance.— The Secretary shall investigate patterns of errors or improper certification by a medical examiner. If the Secretary finds that a medical examiner has issued a medical certificate to an operator of a commercial motor vehicle who fails to meet the applicable standards at the time of the examination or that a medical examiner has falsely claimed to have completed training in physical and medical examination standards as required by this section, the Secretary may remove such medical examiner from the registry and may void the medical certificate of the applicant or holder.
(d) National Registry of Medical Examiners.— The Secretary, acting through the Federal Motor Carrier Safety Administration—
(1) shall establish and maintain a current national registry of medical examiners who are qualified to perform examinations and issue medical certificates;
(2) shall remove from the registry the name of any medical examiner that fails to meet or maintain the qualifications established by the Secretary for being listed in the registry or otherwise does not meet the requirements of this section or regulation issued under this section;
(3) shall accept as valid only medical certificates issued by persons on the national registry of medical examiners; and
(4) may make participation of medical examiners in the national registry voluntary if such a change will enhance the safety of operators of commercial motor vehicles.
(e) Regulations.— The Secretary shall issue such regulations as may be necessary to carry out this section.
(Added Pub. L. 10959, title IV, § 4116(a), Aug. 10, 2005, 119 Stat. 1726; amended Pub. L. 112141, div. C, title II, § 32302(b), (c)(1), July 6, 2012, 126 Stat. 789.)
## Notes
Editorial Notes
References in TextThe Commercial Motor Vehicle Safety Enhancement Act of 2012, referred to in subsec. (c)(1)(D), is Pub. L. 112141, div. C, title II, July 6, 2012, 126 Stat. 776. For complete classification of this Act to the Code, see Short Title of 2012 Amendment note set out under section 30101 of this title and Tables.
Amendments2012—Subsec. (c)(1)(D). Pub. L. 112141, § 32302(b), amended subpar. (D) generally. Prior to amendment, subpar. (D) read as follows: “develop, as appropriate, specific courses and materials for medical examiners listed in the national registry established under this section, and require those medical examiners to, at a minimum, self-certify that they have completed specific training, including refresher courses, to be listed in the registry;”. Subsec. (c)(1)(E). Pub. L. 112141, § 32302(c)(1)(A), amended subpar. (E) generally. Prior to amendment, subpar. (E) read as follows: “require medical examiners to transmit the name of the applicant and numerical identifier, as determined by the Administrator of the Federal Motor Carrier Safety Administration, for any completed medical examination report required under section 391.43 of title 49, Code of Federal Regulations, electronically to the chief medical examiner on monthly basis; and”. Subsec. (c)(1)(G). Pub. L. 112141, § 32302(c)(1)(B), (C), added subpar. (G).
Statutory Notes and Related Subsidiaries
Effective Date of 2012 AmendmentAmendment by section 32302(b) of Pub. L. 112141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways. Pub. L. 112141, div. C, title II, § 32302(c)(2)(B), July 6, 2012, 126 Stat. 789, as amended by Pub. L. 11494, div. A, title V, § 5508(b)(3), Dec. 4, 2015, 129 Stat. 1554, provided that: “The amendments made by section 32302(c)(1) of this Act [amending this section] shall take effect on the date the oversight policies and procedures are established pursuant to subparagraph (A).” [Pub. L. 11494, div. A, title V, § 5508(b), Dec. 4, 2015, 129 Stat. 1554, provided that the amendment made by section 5508(b)(3) to section 32302(c)(2)(B) of Pub. L. 112141, set out above, is effective as of July 6, 2012, and as if included in Pub. L. 112141 as enacted.]
Effective DatePub. L. 10959, title IV, § 4116(f), Aug. 10, 2005, 119 Stat. 1728, as amended by Pub. L. 110244, title III, § 301(d), June 6, 2008, 122 Stat. 1616, provided that: “The amendments made by subsections (a) and (b) [enacting this section and amending section 31136 of this title] shall take effect on the 365th day following the date of enactment of this Act [Aug. 10, 2005].” [Amendment by Pub. L. 110244 to section 4116(f) of Pub. L. 10959, set out above, effective as of the date of enactment of Pub. L. 10959 (Aug. 10, 2005) and to be treated as included in Pub. L. 10959 as of that date, and provisions of Pub. L. 10959, as in effect on the day before June 6, 2008, that are amended by Pub. L. 110244 to be treated as not enacted, see section 121(b) of Pub. L. 110244, set out as an Effective Date of 2008 note under section 101 of Title 23, Highways.]
Medical Certification of Veterans for Commercial Drivers LicensesPub. L. 11494, div. A, title V, § 5403, Dec. 4, 2015, 129 Stat. 1548, as amended by Pub. L. 115105, § 2(a), (b), Jan. 8, 2018, 131 Stat. 2263, provided that: “(a) In General.—In the case of a veteran operator approved by a qualified examiner, the qualified examiner of such operator may, subject to the requirements of subsection (b), perform a medical examination and provide a medical certificate for purposes of compliance with the requirements of section 31149 of title 49, United States Code. “(b) Certification.—The certification described under subsection (a) shall include—“(1) assurances that the examiner performing the medical examination meets the requirements of a qualified examiner under this section; and “(2) certification that the physical condition of the operator is adequate to enable such operator to operate a commercial motor vehicle safely. “(c) National Registry of Medical Examiners.—The Secretary [of Transportation], in consultation with the Secretary of Veterans Affairs, shall develop a process for qualified examiners to perform a medical examination and provide a medical certificate under subsection (a) and include such examiners on the national registry of medical examiners established under section 31149(d) of title 49, United States Code. “(d) Definitions.—In this section, the following definitions apply:“(1) Qualified examiner.—The term qualified examiner means an individual who—“(A) is employed by the Department of Veterans Affairs as an advanced practice nurse, doctor of chiropractic, doctor of medicine, doctor of osteopathy, physician assistant, or other medical professional; “(B) is licensed, certified, or registered in a State to perform physical examinations; “(C) is familiar with the standards for, and physical requirements of, an operator required to be medically certified under section 31149 of title 49, United States Code; and “(D) has never, with respect to such section, been found to have acted fraudulently, including by fraudulently awarding a medical certificate. “(2) Veteran.—The term veteran has the meaning given the term in section 101 of title 38, United States Code. “(3) Veteran operator approved by a qualified examiner.—The term veteran operator approved by a qualified examiner means an operator of a commercial motor vehicle who—“(A) is a veteran who is enrolled in the health care system established under section 1705(a) of title 38, United States Code; and “(B) is required to have a current valid medical certificate pursuant to section 31149 of title 49, United States Code. “(e) Statutory Construction.—Nothing in this section shall be construed to change any statutory penalty associated with fraud or abuse.” [Pub. L. 115105, § 2(c), Jan. 8, 2018, 131 Stat. 2264, provided that: “The amendments made by this section [amending section 5403 of Pub. L. 11494, set out above] shall be incorporated into any rulemaking proceeding related to section 5403 of the FAST Act (49 U.S.C. 31149 note; 129 Stat. 1548) that is being conducted as of the date of the enactment of this Act [Jan. 8, 2018].” ]
Deadline for Establishment of National Registry of Medical ExaminersPub. L. 112141, div. C, title II, § 32302(a), July 6, 2012, 126 Stat. 788, provided that: “Not later than 1 year after the date of enactment of this Act [see section 3(a), (b) of Pub. L. 112141, set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of Title 23, Highways], the Secretary [of Transportation] shall establish a national registry of medical examiners in accordance with section 31149(d)(1) of title 49, United States Code.”
Internal Oversight PolicyPub. L. 112141, div. C, title II, § 32302(c)(2)(A), July 6, 2012, 126 Stat. 789, provided that: “Not later than 2 years after the date of enactment of this Act [see section 3(a), (b) of Pub. L. 112141, set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of Title 23, Highways], the Secretary [of Transportation] shall establish an oversight policy and procedure to carry out section 31149(c)(1)(G) of title 49, United States Code, as added by section 32302(c)(1) of this Act.”
@@ -0,0 +1,61 @@
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# 49 U.S.C. § 31150 - Safety performance history screening
## Text
(a) In General.— The Secretary of Transportation shall provide persons conducting preemployment screening services for the motor carrier industry electronic access to the following reports contained in the Motor Carrier Management Information System:
(1) Commercial motor vehicle accident reports.
(2) Inspection reports that contain no driver-related safety violations.
(3) Serious driver-related safety violation inspection reports.
(b) Conditions on Providing Access.— Before providing a person access to the Motor Carrier Management Information System under subsection (a), the Secretary shall—
(1) ensure that any information that is released to such person will be in accordance with the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) and all other applicable Federal law;
(2) ensure that such person will not conduct a screening without the operator-applicants written consent;
(3) ensure that any information that is released to such person will not be released to any person or entity, other than the motor carrier requesting the screening services or the operator-applicant, unless expressly authorized or required by law; and
(4) provide a procedure for the operator-applicant to correct inaccurate information in the System in a timely manner.
(c) Design.— The process for providing access to the Motor Carrier Management Information System under subsection (a) shall be designed to assist the motor carrier industry in assessing an individual operators crash and serious safety violation inspection history as a preemployment condition. Use of the process shall not be mandatory and may only be used during the preemployment assessment of an operator-applicant.
(d) Serious Driver-Related Safety Violation Defined.— In this section, the term “serious driver-related violation” means a violation by an operator of a commercial motor vehicle that the Secretary determines will result in the operator being prohibited from continuing to operate a commercial motor vehicle until the violation is corrected.
(Added Pub. L. 10959, title IV, § 4117(a), Aug. 10, 2005, 119 Stat. 1728.)
## Notes
Editorial Notes
References in TextThe Fair Credit Reporting Act, referred to in subsec. (b)(1), is title VI of Pub. L. 90321, as added by Pub. L. 91508, title VI, § 601, Oct. 26, 1970, 84 Stat. 1127, which is classified generally to subchapter III (§ 1681 et seq.) of chapter 41 of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 15 and Tables.
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# 49 U.S.C. § 31151 - Roadability
## Text
(a) Inspection, Repair, and Maintenance of Intermodal Equipment.— (1) In general.— The Secretary of Transportation shall maintain a program to ensure that intermodal equipment used to transport intermodal containers is safe and systematically maintained.
(2) Intermodal equipment safety regulations.— The Secretary shall issue the regulations under this section as a subpart of the Federal motor carrier safety regulations.
(3) Contents.— The regulations issued under this section shall include, at a minimum—
(A) a requirement to identify intermodal equipment providers responsible for the inspection and maintenance of intermodal equipment that is interchanged or intended for interchange to motor carriers in intermodal transportation;
(B) a requirement to match intermodal equipment readily to an intermodal equipment provider through a unique identifying number;
(C) a requirement that an intermodal equipment provider identified under subparagraph (A) systematically inspect, repair, and maintain, or cause to be systematically inspected, repaired, and maintained, intermodal equipment described in subparagraph (A) that is intended for interchange with a motor carrier;
(D) a requirement to ensure that each intermodal equipment provider identified under subparagraph (A) maintains a system of maintenance and repair records for such equipment;
(E) requirements that—
(i) a specific list of intermodal equipment components or items be identified for the visual or audible inspection of which a driver is responsible before operating the equipment over the road; and
(ii) the inspection under clause (i) be conducted as part of the Federal requirement in effect on the date of enactment of this section that a driver be satisfied that the intermodal equipment components are in good working order before the equipment is operated over the road;
(F) a requirement that a facility at which an intermodal equipment provider regularly makes intermodal equipment available for interchange have an operational process and space readily available for a motor carrier to have an equipment defect identified pursuant to subparagraph (E) repaired or the equipment replaced prior to departure;
(G) a program for the evaluation and audit of compliance by intermodal equipment providers with applicable Federal motor carrier safety regulations;
(H) a civil penalty structure consistent with section 521(b) of title 49, United States Code, for intermodal equipment providers that fail to attain satisfactory compliance with applicable Federal motor carrier safety regulations; and
(I) a prohibition on intermodal equipment providers from placing intermodal equipment in service on the public highways to the extent such providers or their equipment are found to pose an imminent hazard;
(J) a process by which motor carriers and agents of motor carriers shall be able to request the Federal Motor Carrier Safety Administration to undertake an investigation of an intermodal equipment provider identified under subparagraph (A) that is alleged to be not in compliance with the regulations under this section;
(K) a process by which equipment providers and agents of equipment providers shall be able to request the Administration to undertake an investigation of a motor carrier that is alleged to be not in compliance with the regulations issued under this section;
(L) a process by which a driver or motor carrier transporting intermodal equipment is required to report to the intermodal equipment provider or the providers designated agent any actual damage or defect in the intermodal equipment of which the driver or motor carrier is aware at the time the intermodal equipment is returned to the intermodal equipment provider or the providers designated agent;
(M) a requirement that any actual damage or defect identified in the process established under subparagraph (L) be repaired before the equipment is made available for interchange to a motor carrier and that repairs of equipment made pursuant to the requirements of this subparagraph and reports made pursuant to the subparagraph (L) process be documented in the maintenance records for such equipment; and
(N) a procedure under which motor carriers, drivers and intermodal equipment providers may seek correction of their motor carrier safety records through the deletion from those records of violations of safety regulations attributable to deficiencies in the intermodal chassis or trailer for which they should not have been held responsible.
(b) Inspection, Repair, and Maintenance of Intermodal Equipment.— The Secretary or an employee of the Department of Transportation designated by the Secretary may inspect intermodal equipment, and copy related maintenance and repair records for such equipment, on demand and display of proper credentials.
(c) Out-of-Service Until Repair.— Any intermodal equipment that is determined under this section to fail to comply with applicable Federal safety regulations may be placed out of service by the Secretary or a Federal, State, or government official designated by the Secretary and may not be used on a public highway until the repairs necessary to bring such equipment into compliance have been completed. Repairs of equipment taken out of service shall be documented in the maintenance records for such equipment.
(d) Preemption Generally.— Except as provided in subsection (e), a law, regulation, order, or other requirement of a State, a political subdivision of a State, or a tribal organization relating to commercial motor vehicle safety is preempted if such law, regulation, order, or other requirement exceeds or is inconsistent with a requirement imposed under or pursuant to this section.
(e) Pre-Existing State Requirements.— (1) In general.— Except as provided in paragraph (2), a State requirement for the periodic inspection of intermodal chassis by intermodal equipment providers that was in effect on January 1, 2005, shall remain in effect only until the date on which requirements prescribed under this section take effect.
(2) Nonpreemption determinations.— (A) In general.— Notwithstanding subsection (d), a State requirement described in paragraph (1) is not preempted by a Federal requirement prescribed under this section if the Secretary determines that the State requirement is as effective as the Federal requirement and does not unduly burden interstate commerce.
(B) Application required.— Subparagraph (A) applies to a State requirement only if the State applies to the Secretary for a determination under this paragraph with respect to the requirement before the date on which the regulations issued under this section take effect. The Secretary shall make a determination with respect to any such application within 6 months after the date on which the Secretary receives the application.
(C) Amended state requirements.— Any amendment to a State requirement not preempted under this subsection because of a determination by the Secretary under subparagraph (A) may not take effect unless—
(i) it is submitted to the Secretary before the effective date of the amendment; and
(ii) the Secretary determines that the amendment would not cause the State requirement to be less effective than the Federal requirement and would not unduly burden interstate commerce.
(f) Definitions.— In this section, the following definitions apply:
(1) Intermodal equipment.— The term “intermodal equipment” means trailing equipment that is used in the intermodal transportation of containers over public highways in interstate commerce, including trailers and chassis.
(2) Intermodal equipment interchange agreement.— The term “intermodal equipment interchange agreement” means the Uniform Intermodal Interchange and Facilities Access Agreement or any other written document executed by an intermodal equipment provider or its agent and a motor carrier or its agent, the primary purpose of which is to establish the responsibilities and liabilities of both parties with respect to the interchange of the intermodal equipment.
(3) Intermodal equipment provider.— The term “intermodal equipment provider” means any person that interchanges intermodal equipment with a motor carrier pursuant to a written interchange agreement or has a contractual responsibility for the maintenance of the intermodal equipment.
(4) Interchange.— The term “interchange”—
(A) means the act of providing intermodal equipment to a motor carrier pursuant to an intermodal equipment interchange agreement for the purpose of transporting the equipment for loading or unloading by any person or repositioning the equipment for the benefit of the equipment provider; but
(B) does not include the leasing of equipment to a motor carrier for primary use in the motor carriers freight hauling operations.
(Added Pub. L. 10959, title IV, § 4118(a), Aug. 10, 2005, 119 Stat. 1729; amended Pub. L. 110244, title III, § 301(e), June 6, 2008, 122 Stat. 1616; Pub. L. 112141, div. C, title II, § 32931(b), July 6, 2012, 126 Stat. 829.)
## Notes
Editorial Notes
References in TextThe date of enactment of this section, referred to in subsec. (a)(3)(E)(ii), is the date of enactment of Pub. L. 10959, which was approved Aug. 10, 2005.
Amendments2012—Subsec. (a)(1). Pub. L. 112141, § 32931(b)(1), amended par. (1) generally. Prior to amendment, text read as follows: “Not later than 1 year after the date of enactment of this section, the Secretary of Transportation, after providing notice and opportunity for comment, shall issue regulations establishing a program to ensure that intermodal equipment used to transport intermodal containers is safe and systematically maintained.” Subsec. (a)(4). Pub. L. 112141, § 32931(b)(2), struck out par. (4). Text read as follows: “Not later than 120 days after the date of enactment of this section, the Secretary shall initiate a rulemaking proceeding for issuance of the regulations under this section.” 2008—Subsec. (a)(3)(E)(ii). Pub. L. 110244 substituted “section” for “Act”.
Statutory Notes and Related Subsidiaries
Effective Date of 2012 AmendmentAmendment by Pub. L. 112141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
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# 49 U.S.C. § 31161 - International cooperation
## Text
The Secretary of Transportation is authorized to use funds made available by section 31110 to participate and cooperate in international activities to enhance motor carrier, commercial motor vehicle, driver, and highway safety by such means as exchanging information, conducting research, and examining needs, best practices, and new technology.
(Added Pub. L. 10959, title IV, § 4119(a), Aug. 10, 2005, 119 Stat. 1733; amended Pub. L. 11494, div. A, title V, § 5103(c)(3), Dec. 4, 2015, 129 Stat. 1527.)
## Notes
Editorial Notes
Prior ProvisionsPrior sections 31161 and 31162 were repealed by Pub. L. 105178, title IV, § 4010, June 9, 1998, 112 Stat. 407. Section 31161, Pub. L. 103272, § 1(e), July 5, 1994, 108 Stat. 1013, related to procedures to ensure timely correction of safety violations. Section 31162, Pub. L. 103272, § 1(e), July 5, 1994, 108 Stat. 1014, related to compliance review priority.
Amendments2015—Pub. L. 11494 substituted “section 31110” for “section 31104(i)”.
Statutory Notes and Related Subsidiaries
Effective Date of 2015 AmendmentAmendment by Pub. L. 11494 effective Oct. 1, 2015, see section 1003 of Pub. L. 11494, set out as a note under section 5313 of Title 5, Government Organization and Employees.