US (United States) Code. Title 49. Subtitle VI. Part B. Chapter 311: Commercial motor vehicle safety

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Transportation

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-CITE-

49 USC CHAPTER 311 - COMMERCIAL MOTOR VEHICLE SAFETY 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART B - COMMERCIAL

CHAPTER 311 - COMMERCIAL MOTOR VEHICLE SAFETY

-HEAD-

CHAPTER 311 - COMMERCIAL MOTOR VEHICLE SAFETY

-MISC1-

SUBCHAPTER I - STATE GRANTS AND OTHER COMMERCIAL MOTOR VEHICLE

PROGRAMS

Sec.

31100. Purpose.

31101. Definitions.

31102. Grants to States.

31103. United States Government's share of costs.

31104. Availability of amounts.

31105. Employee protections.

31106. Information systems.

31107. Contract authority funding for information systems.

31108. Authorization of appropriations.

SUBCHAPTER II - LENGTH AND WIDTH LIMITATIONS

31111. Length limitations.

31112. Property-carrying unit limitation.

31113. Width limitations.

31114. Access to the Interstate System.

31115. Enforcement.

SUBCHAPTER III - SAFETY REGULATION

31131. Purposes and findings.

31132. Definitions.

31133. General powers of the Secretary of Transportation.

[31134. Repealed.]

31135. Duties of employers and employees.

31136. United States Government regulations.

31137. Monitoring device and brake maintenance regulations.

31138. Minimum financial responsibility for transporting

passengers.

31139. Minimum financial responsibility for transporting

property.

[31140. Repealed.]

31141. Review and preemption of State laws and regulations.

31142. Inspection of vehicles.

31143. Investigating complaints and protecting complainants.

31144. Safety fitness of owners and operators.

31145. Coordination of Governmental activities and paperwork.

31146. Relationship to other laws.

31147. Limitations on authority.

31148. Certified motor carrier safety auditors.

[SUBCHAPTER IV - REPEALED]

[31161, 31162. Repealed.]

AMENDMENTS

1999 - Pub. L. 106-159, title II, Sec. 211(b), Dec. 9, 1999, 113

Stat. 1766, added item 31148.

1998 - Pub. L. 105-178, title IV, Secs. 4002(b), 4004(d),

4008(c), (d), 4010, June 9, 1998, 112 Stat. 395, 400, 404, 407,

inserted "AND OTHER COMMERCIAL MOTOR VEHICLE PROGRAMS" after

"GRANTS" in subchapter I heading, added item 31100, substituted

"Information systems" for "Commercial motor vehicle information

system program" in item 31106 and "Contract authority funding for

information systems" for "Truck and bus accident grant program" in

item 31107, struck out items 31134 "Commercial Motor Vehicle Safety

Regulatory Review Panel" and 31140 "Submission of State laws and

regulations for review", subchapter IV heading "MISCELLANEOUS", and

items 31161 "Procedures to ensure timely correction of safety

violations" and 31162 "Compliance review priority".

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 113, 521, 13905 of this

title.

-End-

-CITE-

49 USC SUBCHAPTER I - STATE GRANTS AND OTHER COMMERCIAL

MOTOR VEHICLE PROGRAMS 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART B - COMMERCIAL

CHAPTER 311 - COMMERCIAL MOTOR VEHICLE SAFETY

SUBCHAPTER I - STATE GRANTS AND OTHER COMMERCIAL MOTOR VEHICLE

PROGRAMS

-HEAD-

SUBCHAPTER I - STATE GRANTS AND OTHER COMMERCIAL MOTOR VEHICLE

PROGRAMS

-MISC1-

AMENDMENTS

1998 - Pub. L. 105-178, title IV, Sec. 4004(c), June 9, 1998, 112

Stat. 400, inserted "AND OTHER COMMERCIAL MOTOR VEHICLE PROGRAMS"

after "GRANTS" in subchapter heading.

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 31114, 31115 of this

title; title 23 section 110.

-End-

-CITE-

49 USC Sec. 31100 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART B - COMMERCIAL

CHAPTER 311 - COMMERCIAL MOTOR VEHICLE SAFETY

SUBCHAPTER I - STATE GRANTS AND OTHER COMMERCIAL MOTOR VEHICLE

PROGRAMS

-HEAD-

Sec. 31100. Purpose

-STATUTE-

The purpose of this subchapter is to ensure that the Secretary,

States, and other political jurisdictions work in partnership to

establish programs to improve motor carrier, commercial motor

vehicle, and driver safety to support a safe and efficient

transportation system by -

(1) focusing resources on strategic safety investments to

promote safe for-hire and private transportation, including

transportation of passengers and hazardous materials, to identify

high-risk carriers and drivers, and to invest in activities

likely to generate maximum reductions in the number and severity

of commercial motor vehicle crashes;

(2) increasing administrative flexibility and developing and

enforcing effective, compatible, and cost-beneficial motor

carrier, commercial motor vehicle, and driver safety regulations

and practices, including improving enforcement of State and local

traffic safety laws and regulations;

(3) assessing and improving statewide program performance by

setting program outcome goals, improving problem identification

and countermeasures planning, designing appropriate performance

standards, measures, and benchmarks, improving performance

information and analysis systems, and monitoring program

effectiveness;

(4) ensuring that drivers of commercial motor vehicles and

enforcement personnel obtain adequate training in safe

operational practices and regulatory requirements; and

(5) advancing promising technologies and encouraging adoption

of safe operational practices.

-SOURCE-

(Added Pub. L. 105-178, title IV, Sec. 4002(a), June 9, 1998, 112

Stat. 395.)

-MISC1-

MOTOR CARRIER SAFETY STRATEGY

Pub. L. 106-159, title I, Sec. 104, Dec. 9, 1999, 113 Stat. 1754,

provided that:

"(a) Safety Goals. - In conjunction with existing federally

required strategic planning efforts, the Secretary shall develop a

long-term strategy for improving commercial motor vehicle,

operator, and carrier safety. The strategy shall include an annual

plan and schedule for achieving, at a minimum, the following goals:

"(1) Reducing the number and rates of crashes, injuries, and

fatalities involving commercial motor vehicles.

"(2) Improving the consistency and effectiveness of commercial

motor vehicle, operator, and carrier enforcement and compliance

programs.

"(3) Identifying and targeting enforcement efforts at high-risk

commercial motor vehicles, operators, and carriers.

"(4) Improving research efforts to enhance and promote

commercial motor vehicle, operator, and carrier safety and

performance.

"(b) Contents of Strategy. -

"(1) Measurable goals. - The strategy and annual plans under

subsection (a) shall include, at a minimum, specific numeric or

measurable goals designed to achieve the strategic goals of

subsection (a). The purposes of the numeric or measurable goals

are as follows:

"(A) To increase the number of inspections and compliance

reviews to ensure that all high-risk commercial motor vehicles,

operators, and carriers are examined.

"(B) To eliminate, with meaningful safety measures, the

backlog of rulemakings.

"(C) To improve the quality and effectiveness of data bases

by ensuring that all States and inspectors accurately and

promptly report complete safety information.

"(D) To eliminate, with meaningful civil and criminal

penalties for violations, the backlog of enforcement cases.

"(E) To provide for a sufficient number of Federal and State

safety inspectors, and provide adequate facilities and

equipment, at international border areas.

"(2) Resource needs. - In addition, the strategy and annual

plans shall include estimates of the funds and staff resources

needed to accomplish each activity. Such estimates shall also

include the staff skills and training needed for timely and

effective accomplishment of each goal.

"(3) Savings clause. - In developing and assessing progress

toward meeting the measurable goals set forth in this subsection,

the Secretary and the Federal Motor Carrier Safety Administrator

shall not take any action that would impinge on the due process

rights of motor carriers and drivers.

"(c) Submission With the President's Budget. - Beginning with

fiscal year 2001 and each fiscal year thereafter, the Secretary

shall submit to Congress the strategy and annual plan at the same

time as the President's budget submission.

"(d) Annual Performance. -

"(1) Annual performance agreement. - For each of fiscal years

2001 through 2003, the following officials shall enter into

annual performance agreements:

"(A) The Secretary and the Federal Motor Carrier Safety

Administrator.

"(B) The Administrator and the Deputy Federal Motor Carrier

Safety Administrator.

"(C) The Administrator and the Chief Safety Officer of the

Federal Motor Carrier Safety Administration.

"(D) The Administrator and the regulatory ombudsman of the

Administration designated by the Administrator under subsection

(f).

"(2) Goals. - Each annual performance agreement entered into

under paragraph (1) shall include the appropriate numeric or

measurable goals of subsection (b).

"(3) Progress assessment. - Consistent with the current

performance appraisal system of the Department of Transportation,

the Secretary shall assess the progress of each official (other

than the Secretary) referred to in paragraph (1) toward achieving

the goals in his or her performance agreement. The Secretary

shall convey the assessment to such official, including

identification of any deficiencies that should be remediated

before the next progress assessment.

"(4) Administration. - In deciding whether or not to award a

bonus or other achievement award to an official of the

Administration who is a party to a performance agreement required

by this subsection, the Secretary shall give substantial weight

to whether the official has made satisfactory progress toward

meeting the goals of his or her performance agreement.

"(e) Achievement of Goals. -

"(1) Progress assessment. - No less frequently than

semiannually, the Secretary and the Administrator shall assess

the progress of the Administration toward achieving the strategic

goals of subsection (a). The Secretary and the Administrator

shall convey their assessment to the employees of the

Administration and shall identify any deficiencies that should be

remediated before the next progress assessment.

"(2) Report to congress. - The Secretary shall report annually

to Congress the contents of each performance agreement entered

into under subsection (d) and the official's performance relative

to the goals of the performance agreement. In addition, the

Secretary shall report to Congress on the performance of the

Administration relative to the goals of the motor carrier safety

strategy and annual plan under subsection (a).

"(f) Expediting Regulatory Proceedings. - The Administrator shall

designate a regulatory ombudsman to expedite rulemaking

proceedings. The Secretary and the Administrator shall each

delegate to the ombudsman such authority as may be necessary for

the ombudsman to expedite rulemaking proceedings of the

Administration to comply with statutory and internal departmental

deadlines, including authority to -

"(1) make decisions to resolve disagreements between officials

in the Administration who are participating in a rulemaking

process; and

"(2) ensure that sufficient staff are assigned to rulemaking

projects to meet all deadlines."

COMMERCIAL MOTOR VEHICLE SAFETY ADVISORY COMMITTEE

Pub. L. 106-159, title I, Sec. 105, Dec. 9, 1999, 113 Stat. 1756,

provided that:

"(a) Establishment. - The Secretary may establish a commercial

motor vehicle safety advisory committee to provide advice and

recommendations on a range of motor carrier safety issues.

"(b) Composition. - The members of the advisory committee shall

be appointed by the Secretary and shall include representatives of

the motor carrier industry, drivers, safety advocates,

manufacturers, safety enforcement officials, law enforcement

agencies of border States, and other individuals affected by

rulemakings under consideration by the Department of

Transportation. Representatives of a single interest group may not

constitute a majority of the members of the advisory committee.

"(c) Function. - The advisory committee shall provide advice to

the Secretary on commercial motor vehicle safety regulations and

other matters relating to activities and functions of the Federal

Motor Carrier Safety Administration.

"(d) Termination Date. - The advisory committee shall remain in

effect until September 30, 2003."

STUDY OF COMMERCIAL MOTOR VEHICLE CRASH CAUSATION

Pub. L. 106-159, title II, Sec. 224, Dec. 9, 1999, 113 Stat.

1770, provided that:

"(a) Objectives. - The Secretary shall conduct a comprehensive

study to determine the causes of, and contributing factors to,

crashes that involve commercial motor vehicles. The study shall

also identify data requirements and collection procedures, reports,

and other measures that will improve the Department of

Transportation's and States' ability to -

"(1) evaluate future crashes involving commercial motor

vehicles;

"(2) monitor crash trends and identify causes and contributing

factors; and

"(3) develop effective safety improvement policies and

programs.

"(b) Design. - The study shall be designed to yield information

that will help the Department and the States identify activities

and other measures likely to lead to significant reductions in the

frequency, severity, and rate per mile traveled of crashes

involving commercial motor vehicles, including vehicles described

in section 31132(1)(B) of title 49, United States Code. As

practicable, the study shall rank such activities and measures by

the reductions each would likely achieve, if implemented.

"(c) Consultation. - In designing and conducting the study, the

Secretary shall consult with persons with expertise on -

"(1) crash causation and prevention;

"(2) commercial motor vehicles, drivers, and carriers,

including passenger carriers;

"(3) highways and noncommercial motor vehicles and drivers;

"(4) Federal and State highway and motor carrier safety

programs;

"(5) research methods and statistical analysis; and

"(6) other relevant topics.

"(d) Public Comment. - The Secretary shall make available for

public comment information about the objectives, methodology,

implementation, findings, and other aspects of the study.

"(e) Reports. -

"(1) In general. - The Secretary shall promptly transmit to

Congress the results of the study, together with any legislative

recommendations.

"(2) Review and update. - The Secretary shall review the study

at least once every 5 years and update the study and report as

necessary.

"(f) Funding. - Of the amounts made available for each of fiscal

years 2001, 2002, and 2003 under section 4003(i) of the

Transportation Equity Act for the 21st Century [Pub. L. 105-178, 49

U.S.C. 31104 note] (112 Stat. 395-398), as added by section

103(b)(1) of this Act, $5,000,000 per fiscal year shall be

available only to carry out this section."

DATA COLLECTION AND ANALYSIS

Pub. L. 106-159, title II, Sec. 225, Dec. 9, 1999, 113 Stat.

1771, provided that:

"(a) In General. - In cooperation with the States, the Secretary

shall carry out a program to improve the collection and analysis of

data on crashes, including crash causation, involving commercial

motor vehicles.

"(b) Program Administration. - The Secretary shall administer the

program through the National Highway Traffic Safety Administration

in cooperation with the Federal Motor Carrier Safety

Administration. The National Highway Traffic Safety Administration

shall -

"(1) enter into agreements with the States to collect data and

report the data by electronic means to a central data repository;

and

"(2) train State employees and motor carrier safety enforcement

officials to assure the quality and uniformity of the data.

"(c) Use of Data. - The National Highway Traffic Safety

Administration shall -

"(1) integrate the data, including driver citation and

conviction information; and

"(2) make the data base available electronically to the Federal

Motor Carrier Safety Administration, the States, motor carriers,

and other interested parties for problem identification, program

evaluation, planning, and other safety-related activities.

"(d) Report. - Not later than 3 years after the date on which the

improved data program begins, the Secretary shall transmit a report

to Congress on the program, together with any recommendations the

Secretary finds appropriate.

"(e) Funding. - Of the amounts deducted under section

104(a)(1)(B) of title 23, United States Code, for each of fiscal

years 2001, 2002, and 2003 $5,000,000 per fiscal year shall be

available only to carry out this section.

"(f) Additional Funding for Information Systems. -

"(1) In general. - Of the amounts made available for each of

fiscal years 2001, 2002, and 2003 under section 4003(i) of the

Transportation Equity Act for the 21st Century [Pub. L. 105-178,

49 U.S.C. 31104 note] (112 Stat. 395-398), as added by section

103(b)(1) of this Act, $5,000,000 per fiscal year shall be

available only to carry out section 31106 of title 49, United

States Code.

"(2) Amounts as additional. - The amounts made available by

paragraph (1) shall be in addition to amounts made available

under section 31107 of title 49, United States Code."

-End-

-CITE-

49 USC Sec. 31101 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART B - COMMERCIAL

CHAPTER 311 - COMMERCIAL MOTOR VEHICLE SAFETY

SUBCHAPTER I - STATE GRANTS AND OTHER COMMERCIAL MOTOR VEHICLE

PROGRAMS

-HEAD-

Sec. 31101. Definitions

-STATUTE-

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.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 984; Pub. L.

105-178, title IV, Sec. 4003(a), June 9, 1998, 112 Stat. 395.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

31101 49 App.:2301(1), Jan. 6, 1983, Pub. L.

(3)-(6). 97-424, Sec. 401(1),

(3)-(6), 96 Stat. 2154, 2155.

49 App.:2301(2). Jan. 6, 1983, Pub. L.

97-424, Sec. 401(2), 96

Stat. 2154; Oct. 30, 1984,

Pub. L. 98-554, Sec. 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.

AMENDMENTS

1998 - Par. (1)(A). Pub. L. 105-178, Sec. 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. 105-178, Sec. 4003(a)(2), inserted "and

transported in a quantity requiring placarding under regulations

prescribed by the Secretary under section 5103" before period at

end.

SAVINGS CLAUSE

Pub. L. 105-178, title IV, Sec. 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]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 47 section 302a.

-End-

-CITE-

49 USC Sec. 31102 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART B - COMMERCIAL

CHAPTER 311 - COMMERCIAL MOTOR VEHICLE SAFETY

SUBCHAPTER I - STATE GRANTS AND OTHER COMMERCIAL MOTOR VEHICLE

PROGRAMS

-HEAD-

Sec. 31102. Grants to States

-STATUTE-

(a) General Authority. - Subject to this section and the

availability of amounts, the Secretary of Transportation may make

grants to States for the development or implementation of programs

for improving motor carrier safety and the enforcement of

regulations, standards, and orders of the United States Government

on commercial motor vehicle safety, hazardous materials

transportation safety, and compatible State regulations, standards,

and orders.

(b) State Plan Procedures and Contents. - (1) The Secretary shall

prescribe procedures for a State to submit a plan under which the

State agrees to assume responsibility for improving motor carrier

safety and to adopt and enforce regulations, standards, and orders

of the Government on commercial motor vehicle safety, hazardous

materials transportation safety, or compatible State regulations,

standards, and orders. The Secretary shall approve the plan if the

Secretary decides the plan is adequate to promote the objectives of

this section and the plan -

(A) implements performance-based activities by fiscal year

2000;

(B) designates the State motor vehicle safety agency

responsible for administering the plan throughout the State;

(C) contains satisfactory assurances the agency has or will

have the legal authority, resources, and qualified personnel

necessary to enforce the regulations, standards, and orders;

(D) contains satisfactory assurances the State will devote

adequate amounts to the administration of the plan and

enforcement of the regulations, standards, and orders;

(E) provides that the total expenditure of amounts of the State

and its political subdivisions (not including amounts of the

Government) for commercial motor vehicle safety programs for

enforcement of commercial motor vehicle size and weight

limitations, drug interdiction, and State traffic safety laws and

regulations under subsection (c) of this section will be

maintained at a level at least equal to the average level of that

expenditure for its last 3 full fiscal years before December 18,

1991;

(F) provides a right of entry and inspection to carry out the

plan;

(G) provides that all reports required under this section be

submitted to the agency and that the agency will make the reports

available to the Secretary on request;

(H) provides that the agency will adopt the reporting

requirements and use the forms for recordkeeping, inspections,

and investigations the Secretary prescribes;

(I) requires registrants of commercial motor vehicles to make a

declaration of knowledge of applicable safety regulations,

standards, and orders of the Government and the State;

(J) provides that the State will grant maximum reciprocity for

inspections conducted under the North American Inspection

Standard through the use of a nationally accepted system that

allows ready identification of previously inspected commercial

motor vehicles;

(K) ensures that activities described in subsection (c)(1) of

this section, if financed with grants under subsection (a) of

this section, will not diminish the effectiveness of the

development and implementation of commercial motor vehicle safety

programs described in subsection (a);

(L) ensures that the State agency will coordinate the plan,

data collection, and information systems with State highway

safety programs under title 23;

(M) ensures participation in SAFETYNET and other information

systems by all appropriate jurisdictions receiving funding under

this section;

(N) ensures that information is exchanged among the States in a

timely manner;

(O) provides satisfactory assurances that the State will

undertake efforts that will emphasize and improve enforcement of

State and local traffic safety laws and regulations related to

commercial motor vehicle safety;

(P) provides satisfactory assurances that the State will

promote activities in support of national priorities and

performance goals, including -

(i) activities aimed at removing impaired commercial motor

vehicle drivers from the highways of the United States through

adequate enforcement of regulations on the use of alcohol and

controlled substances and by ensuring ready roadside access to

alcohol detection and measuring equipment;

(ii) activities aimed at providing an appropriate level of

training to State motor carrier safety assistance program

officers and employees on recognizing drivers impaired by

alcohol or controlled substances; and

(iii) interdiction activities affecting the transportation of

controlled substances by commercial motor vehicle drivers and

training on appropriate strategies for carrying out those

interdiction activities;

(Q) provides that the State will establish a program to ensure

the proper and timely correction of commercial motor vehicle

safety violations noted during an inspection carried out with

funds authorized under section 31104;

(R) ensures that the State will cooperate in the enforcement of

registration requirements under section 13902 and financial

responsibility requirements under sections 13906, 31138, and

31139 and regulations issued thereunder;

(S) ensures consistent, effective, and reasonable sanctions;

and

(T) ensures that roadside inspections will be conducted at a

location that is adequate to protect the safety of drivers and

enforcement personnel.

(2) If the Secretary disapproves a plan under this subsection,

the Secretary shall give the State a written explanation and allow

the State to modify and resubmit the plan for approval.

(3) In estimating the average level of State expenditure under

paragraph (1)(D) (!1) of this subsection, the Secretary -

(A) may allow the State to exclude State expenditures for

Government-sponsored demonstration or pilot programs; and

(B) shall require the State to exclude Government amounts and

State matching amounts used to receive Government financing under

subsection (a) of this section.

(c) Use of Grants to Enforce Other Laws. - A State may use

amounts received under a grant under subsection (a) of this section

for the following activities if the activities are carried out in

conjunction with an appropriate inspection of the commercial motor

vehicle to enforce Government or State commercial motor vehicle

safety regulations:

(1) enforcement of commercial motor vehicle size and weight

limitations at locations other than fixed weight facilities, at

specific locations such as steep grades or mountainous terrains

where the weight of a commercial motor vehicle can significantly

affect the safe operation of the vehicle, or at ports where

intermodal shipping containers enter and leave the United States.

(2) detection of the unlawful presence of a controlled

substance (as defined under section 102 of the Comprehensive Drug

Abuse Prevention and Control Act of 1970 (21 U.S.C. 802)) in a

commercial motor vehicle or on the person of any occupant

(including the operator) of the vehicle.

(3) enforcement of State traffic laws and regulations designed

to promote the safe operation of commercial motor vehicles.

(d) Continuous Evaluation of Plans. - On the basis of reports

submitted by a State motor vehicle safety agency of a State with a

plan approved under this section and the Secretary's own

investigations, the Secretary shall make a continuing evaluation of

the way the State is carrying out the plan. If the Secretary finds,

after notice and opportunity for comment, the State plan previously

approved is not being followed or has become inadequate to ensure

enforcement of the regulations, standards, or orders, the Secretary

shall withdraw approval of the plan and notify the State. The plan

stops being effective when the notice is received. A State

adversely affected by the withdrawal may seek judicial review under

chapter 7 of title 5. Notwithstanding the withdrawal, the State may

retain jurisdiction in administrative or judicial proceedings begun

before the withdrawal if the issues involved are not related

directly to the reasons for the withdrawal.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 984; Pub. L.

104-88, title I, Sec. 104(a), Dec. 29, 1995, 109 Stat. 918; Pub. L.

105-178, title IV, Sec. 4003(b), (c), June 9, 1998, 112 Stat. 395,

396; Pub. L. 106-159, title II, Sec. 207, Dec. 9, 1999, 113 Stat.

1764.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

31102(a) 49 App.:2302(a). Jan. 6, 1983, Pub. L.

97-424, Sec. 402(a), (c), 96

Stat. 2155, 2156.

31102(b) 49 App.:2302(b), Jan. 6, 1983, Pub. L.

(d). 97-424, Sec. 402(b), (d), 96

Stat. 2155, 2156; Dec. 18,

1991, Pub. L. 102-240, Sec.

4002(a), (b), 105 Stat. 2140.

31102(c) 49 App.:2302(e). Jan. 6, 1983, Pub. L.

97-424, 96 Stat. 2097, Sec.

402(e); added Dec. 18, 1991,

Pub. L. 102-240, Sec.

4002(c), 105 Stat. 2142.

31102(d) 49 App.:2302(c).

--------------------------------------------------------------------

In this section, the word "rules" is omitted as being synonymous

with "regulations".

In subsection (a), the words "Subject to this section and the

availability of amounts" are substituted for "Under the terms and

conditions of this section, subject to the availability of funds"

to eliminate unnecessary words.

In subsection (b)(1), before clause (A), the word "prescribe" is

substituted for "formulate" for consistency in the revised title.

Clause (D) is substituted for 49 App.:2302(d) to state the

requirements of a plan in one place and to eliminate unnecessary

words. In clause (K), the words "into law and practice" are omitted

a unnecessary. In clause (O)(i), the words "highways of the United

States" are substituted for "our Nation's highways" for consistency

in the revised title and with other titles of the United States

Code. In subclause (iii), the word "especially" is omitted as

unnecessary.

In subsection (b)(3)(B), the words "Government financing" are

substituted for "Federal funding" for clarity and consistency in

the revised title.

In subsection (c), before clause (1), the words "type of" are

omitted as unnecessary. In clause (1), the word "leave" is

substituted for "exit" for clarity and consistency in the revised

title.

In subsection (d), the words "the regulations, standards, or

orders" are substituted for "Federal rules, regulations, standards,

or orders applicable to commercial motor vehicle safety or

compatible State rules, regulations, standards, or orders" for

consistency and to eliminate unnecessary words. The last sentence

is substituted for 49 App.:2302(c) (last sentence) for clarity.

-REFTEXT-

REFERENCES IN TEXT

Paragraph (1), referred to in subsec. (b)(3), was amended by Pub.

L. 105-178, title IV, Sec. 4003(c)(6), June 9, 1998, 112 Stat. 396,

which redesignated subpars. (C) and (D) as (D) and (E),

respectively.

-MISC2-

AMENDMENTS

1999 - Subsec. (b)(1)(A). Pub. L. 106-159, Sec. 207(1), realigned

subpar. (A) margins.

Subsec. (b)(1)(R). Pub. L. 106-159, Sec. 207(2), added subpar.

(R) and struck out former subpar. (R) which read as follows:

"ensures that the State will cooperate in the enforcement of

registration and financial responsibility requirements under

sections 31138 and 31139, or regulations issued thereunder;".

1998 - Subsec. (a). Pub. L. 105-178, Sec. 4003(b)(1), inserted

"improving motor carrier safety and" after "implementation of

programs for" and ", hazardous materials transportation safety,"

after "commercial motor vehicle safety".

Subsec. (b)(1). Pub. L. 105-178, Sec. 4003(b)(2), in introductory

provisions, substituted "assume responsibility for improving motor

carrier safety and to adopt and enforce" for "adopt and assume

responsibility for enforcing" and inserted ", hazardous materials

transportation safety," after "commercial motor vehicle safety".

Subsec. (b)(1)(A) to (I). Pub. L. 105-178, Sec. 4003(c)(6), (7),

added subpar. (A) and redesignated former subpars. (A) to (H) as

(B) to (I), respectively. Former subpar. (I) redesignated (J).

Subsec. (b)(1)(J). Pub. L. 105-178, Sec. 4003(c)(6), redesignated

subpar. (I) as (J). Former subpar. (J) redesignated (K).

Pub. L. 105-178, Sec. 4003(c)(1), substituted "subsection (c)(1)"

for "subsection (c)".

Subsec. (b)(1)(K) to (M). Pub. L. 105-178, Sec. 4003(c)(6),

redesignated subpars. (J) to (L) as (K) to (M), respectively.

Former subpar. (M) redesignated (N).

Pub. L. 105-178, Sec. 4003(c)(2), added subpars. (K) to (M) and

struck out former subpars. (K) to (M) which read as follows:

"(K) ensures that fines imposed and collected by the State for

violations of commercial motor vehicle safety regulations will be

reasonable and appropriate and that, to the maximum extent

practicable, the State will attempt to implement the recommended

fine schedule published by the Commercial Vehicle Safety Alliance;

"(L) ensures that the State agency will coordinate the plan

prepared under this section with the State highway safety plan

under section 402 of title 23;

"(M) ensures participation by the 48 contiguous States in

SAFETYNET not later than January 1, 1994;".

Subsec. (b)(1)(N). Pub. L. 105-178, Sec. 4003(c)(6), redesignated

subpar. (M) as (N). Former subpar. (N) redesignated (O).

Subsec. (b)(1)(O). Pub. L. 105-178, Sec. 4003(c)(6), redesignated

subpar. (N) as (O). Former subpar. (O) redesignated (P).

Pub. L. 105-178, Sec. 4003(c)(3), inserted "in support of

national priorities and performance goals, including" after

"activities" in introductory provisions, substituted "activities

aimed at removing" for "to remove" in cl. (i), substituted

"activities aimed at providing" for "to provide" and inserted "and"

after semicolon in cl. (ii), added cl. (iii), and struck out former

cls. (iii) and (iv) which read as follows:

"(iii) to promote enforcement of the requirements related to the

licensing of commercial motor vehicle drivers, including checking

the status of commercial drivers' licenses; and

"(iv) to improve enforcement of hazardous material transportation

regulations by encouraging more inspections of shipper facilities

affecting highway transportation and more comprehensive inspection

of the loads of commercial motor vehicles transporting hazardous

material;".

Subsec. (b)(1)(P). Pub. L. 105-178, Sec. 4003(c)(6), redesignated

subpar. (O) as (P). Former subpar. (P) redesignated (Q).

Pub. L. 105-178, Sec. 4003(c)(4), added subpar. (P) and struck

out former subpar. (P) which read as follows: "provides

satisfactory assurances that the State will promote effective -

"(i) interdiction activities affecting the transportation of

controlled substances by commercial motor vehicle drivers and

training on appropriate strategies for carrying out those

interdiction activities; and

"(ii) use of trained and qualified officers and employees of

political subdivisions and local governments, under the

supervision and direction of the State motor vehicle safety

agency, in the enforcement of regulations affecting commercial

motor vehicle safety and hazardous material transportation

safety; and".

Subsec. (b)(1)(Q). Pub. L. 105-178, Sec. 4003(c)(6), redesignated

subpar. (P) as (Q). Former subpar. (Q) redesignated (R).

Pub. L. 105-178, Sec. 4003(c)(5)(A), substituted "sections 31138

and 31139" for "sections 31140 and 31146".

Subsec. (b)(1)(R). Pub. L. 105-178, Sec. 4003(c)(6), redesignated

subpar. (Q) as (R).

Subsec. (b)(1)(S), (T). Pub. L. 105-178, Sec. 4003(c)(5)(B), (8),

added subpars. (S) and (T).

1995 - Subsec. (b)(1)(Q). Pub. L. 104-88 added subpar. (Q).

EFFECTIVE DATE OF 1995 AMENDMENT

Amendment by Pub. L. 104-88 effective Jan. 1, 1996, see section 2

of Pub. L. 104-88, set out as an Effective Date note under section

701 of this title.

MAINTENANCE OF EFFORT

Pub. L. 106-159, title I, Sec. 103(c), Dec. 9, 1999, 113 Stat.

1753, provided that: "The Secretary may not make, from funds made

available by or under this section [amending section 31107 of this

title, enacting provisions set out as notes under this section and

section 31104 of this title, and amending a provision set out as a

note under section 104 of Title 23, Highways] (including any

amendment made by this section), a grant to a State unless the

State first enters into a binding agreement with the Secretary that

provides that the total expenditures of amounts of the State and

its political subdivisions (not including amounts of the United

States) for the development or implementation of programs for

improving motor carrier safety and enforcement of regulations,

standards, and orders of the United States on commercial motor

vehicle safety, hazardous materials transportation safety, and

compatible State regulations, standards, and orders will be

maintained at a level at least equal to the average level of such

expenditures for fiscal years 1997, 1998, and 1999."

STATE COMPLIANCE WITH CDL REQUIREMENTS

Pub. L. 106-159, title I, Sec. 103(e), Dec. 9, 1999, 113 Stat.

1754, provided that:

"(1) Withholding of allocation for noncompliance. - If a State is

not in substantial compliance with each requirement of section

31311 of title 49, United States Code, the Secretary shall withhold

all amounts that would be allocated, but for this paragraph, to the

State from funds made available by or under this section (including

any amendment made by this section).

"(2) Period of availability of withheld funds. - Any funds

withheld under paragraph (1) from any State shall remain available

until June 30 of the fiscal year for which the funds are authorized

to be appropriated.

"(3) Allocation of withheld funds after compliance. - If, before

the last day of the period for which funds are withheld under

paragraph (1) from allocation are to remain available for

allocation to a State under paragraph (2), the Secretary determines

that the State is in substantial compliance with each requirement

of section 31311 of title 49, United States Code, the Secretary

shall allocate to the State the withheld funds.

"(4) Period of availability of subsequently allocated funds. -

Any funds allocated pursuant to paragraph (3) shall remain

available for expenditure until the last day of the first fiscal

year following the fiscal year in which the funds are so allocated.

Sums not expended at the end of such period are released to the

Secretary for reallocation.

"(5) Effect of noncompliance. - If, on June 30 of the fiscal year

in which funds are withheld from allocation under paragraph (1),

the State is not substantially complying with each requirement of

section 31311 of title 49, United States Code, the funds are

released to the Secretary for reallocation."

EFFECTS OF MCSAP GRANT REDUCTIONS

Pub. L. 105-178, title IV, Sec. 4032, June 9, 1998, 112 Stat.

419, provided that:

"(a) Study. - The Secretary [of Transportation] shall conduct a

study on the effects of reductions of grants under section 31102 of

title 49, United States Code, due to nonconformity of State

intrastate motor carrier, commercial motor vehicle, and driver

requirements with Federal interstate requirements. In conducting

the study, the Secretary shall consider, at a minimum -

"(1) national uniformity and the purposes of the motor carrier

safety assistance program;

"(2) State motor carrier, commercial motor vehicle, and driver

safety oversight and enforcement capabilities; and

"(3) the safety impacts, costs, and benefits of full

participation in the program.

"(b) Report. - Not later than 2 years after the date of the

enactment of this Act [June 9, 1998], the Secretary shall submit to

Congress a report on the results of the study.

"(c) Adjustment of State Allocations. - The Secretary is

authorized to adjust State allocations under section 31103 of title

49, United States Code, to reflect the results of the study."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 31103, 31104, 31133,

31142 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

49 USC Sec. 31103 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART B - COMMERCIAL

CHAPTER 311 - COMMERCIAL MOTOR VEHICLE SAFETY

SUBCHAPTER I - STATE GRANTS AND OTHER COMMERCIAL MOTOR VEHICLE

PROGRAMS

-HEAD-

Sec. 31103. United States Government's share of costs

-STATUTE-

(a) Commercial Motor Vehicle Safety Programs and Enforcement. -

The Secretary of Transportation shall reimburse a State, from a

grant made under this subchapter, an amount that is not more than

80 percent of the costs incurred by the State in a fiscal year in

developing and implementing programs to improve commercial motor

vehicle safety and enforce commercial motor vehicle regulations,

standards, or orders adopted under this subchapter or subchapter II

of this chapter. In determining those costs, the Secretary shall

include in-kind contributions by the State. Amounts of the State

and its political subdivisions required to be expended under

section 31102(b)(1)(D) (!1) of this title may not be included as

part of the share not provided by the United States Government. The

Secretary may allocate among the States whose applications for

grants have been approved those amounts appropriated for grants to

support those programs, under criteria that may be established.

(b) Other Activities. - The Secretary may reimburse State

agencies, local governments, or other persons up to 100 percent for

public education activities authorized by section 31104(f)(2).

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 987; Pub. L.

105-178, title IV, Sec. 4003(d), June 9, 1998, 112 Stat. 397.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

31103 49 App.:2303. Jan. 6, 1983, Pub. L.

97-424, Sec. 403, 96 Stat.

2156; Dec. 18, 1991, Pub. L.

102-240, Sec. 4002(d), 105

Stat. 2142.

--------------------------------------------------------------------

The word "rules" is omitted as being synonymous with

"regulations".

-REFTEXT-

REFERENCES IN TEXT

Section 31102(b)(1) of this title, referred to in subsec. (a),

was amended by Pub. L. 105-178, title IV, Sec. 4003(c)(6), June 9,

1998, 112 Stat. 396, which redesignated subpars. (C) and (D) as (D)

and (E), respectively.

-MISC2-

AMENDMENTS

1998 - Pub. L. 105-178 designated existing provisions as subsec.

(a), inserted subsec. heading, inserted "improve commercial motor

vehicle safety and" after "implementing programs to", and added

subsec. (b).

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

49 USC Sec. 31104 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART B - COMMERCIAL

CHAPTER 311 - COMMERCIAL MOTOR VEHICLE SAFETY

SUBCHAPTER I - STATE GRANTS AND OTHER COMMERCIAL MOTOR VEHICLE

PROGRAMS

-HEAD-

Sec. 31104. Availability of amounts

-STATUTE-

(a) In General. - The following amounts are made available from

the Highway Trust Fund (other than the Mass Transit Account) for

the Secretary of Transportation to incur obligations to carry out

section 31102:

(1) Not more than $79,000,000 for fiscal year 1998.

(2) Not more than $90,000,000 for fiscal year 1999.

(3) Not more than $95,000,000 for fiscal year 2000.

(4) Not more than $100,000,000 for fiscal year 2001.

(5) Not more than $105,000,000 for fiscal year 2002.

(6) Not more than $110,000,000 for fiscal year 2003.

(b) Availability and Reallocation of Amounts. - Amounts made

available under subsection (a) of this section remain available

until expended. Allocations to a State remain available for

expenditure in the State for the fiscal year in which they are

allocated and for the next fiscal year. Amounts not expended by a

State during those 2 fiscal years are released to the Secretary for

reallocation.

(c) Reimbursement for Government's Share of Costs. - Amounts made

available under subsection (a) of this section shall be used to

reimburse States proportionately for the United States Government's

share of costs incurred.

(d) Grants as Contractual Obligations. - Approval by the

Secretary of a grant to a State under section 31102 of this title

is a contractual obligation of the Government for payment of the

Government's share of costs incurred by the State in developing,

implementing, or developing and implementing programs to enforce

commercial motor vehicle regulations, standards, and orders.

(e) Deduction for Administrative Expenses. - On October 1 of each

fiscal year or as soon after that date as practicable, the

Secretary may deduct, from amounts made available under subsection

(a) of this section for that fiscal year, not more than 1.25

percent of those amounts for administrative expenses incurred in

carrying out section 31102 of this title in that fiscal year. The

Secretary shall use at least 75 percent of those deducted amounts

to train non-Government employees and to develop related training

materials in carrying out section 31102.

(f) Allocation Criteria and Eligibility. -

(1) In general. - On October 1 of each fiscal year or as soon

after that date as practicable and after making the deduction

under subsection (e), the Secretary shall allocate amounts made

available to carry out section 31102 for such fiscal year among

the States with plans approved under section 31102. Such

allocation shall be made under such criteria as the Secretary

prescribes by regulation.

(2) High-priority and border activities. -

(A) High-priority activities and projects. - The Secretary

may designate up to 5 percent of amounts available for

allocation under paragraph (1) for States, local governments,

and other persons for carrying out high priority activities and

projects that improve commercial motor vehicle safety and

compliance with commercial motor vehicle safety regulations,

including activities and projects that are national in scope,

increase public awareness and education, or demonstrate new

technologies. The amounts designated under this subparagraph

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.

(B) Border commercial motor vehicle safety and enforcement

programs. - The Secretary may designate up to 5 percent of

amounts available for allocation under paragraph (1) for

States, local governments, and other persons for carrying out

border commercial motor vehicle safety programs and enforcement

activities and projects. The amounts designated under this

subparagraph 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.

(g) Payment to States for Costs. - Each State shall submit

vouchers for costs the State incurs under this section and section

31102 of this title. The Secretary shall pay the State an amount

not more than the Government share of costs incurred as of the date

of the vouchers.

(h) Intrastate Compatibility. - The Secretary shall prescribe

regulations specifying tolerance guidelines and standards for

ensuring compatibility of intrastate commercial motor vehicle

safety laws and regulations with Government motor carrier safety

regulations to be enforced under section 31102(a) of this title. To

the extent practicable, the guidelines and standards shall allow

for maximum flexibility while ensuring the degree of uniformity

that will not diminish transportation safety. In reviewing State

plans and allocating amounts or making grants under section 153 of

title 23, the Secretary shall ensure that the guidelines and

standards are applied uniformly.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 987; Pub. L.

105-130, Sec. 7, Dec. 1, 1997, 111 Stat. 2559; Pub. L. 105-178,

title IV, Sec. 4003(e)-(g), June 9, 1998, 112 Stat. 397.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

31104(a) 49 App.:2304(a). Jan. 6, 1983, Pub. L.

97-424, Sec. 404(a), 96

Stat. 2156; restated Oct.

27, 1986, Pub. L. 99-570,

Sec. 12014, 100 Stat.

3207-186; Dec. 18, 1991,

Pub. L. 102-240, Sec.

4002(e), 105 Stat. 2142.

31104(b) 49 App.:2304(c). Jan. 6, 1983, Pub. L.

97-424, Sec. 404(c), 96

Stat. 2156; Oct. 27, 1986,

Pub. L. 99-570, Sec. 12014,

100 Stat. 3207-186; restated

Dec. 18, 1991, Pub. L.

102-240, Sec. 4002(f), 105

Stat. 2142.

49 App.:2304(e). Jan. 6, 1983, Pub. L.

97-424, Sec. 404(b), (d),

(e), 96 Stat. 2156; restated

Oct. 27, 1986, Pub. L.

99-570, Sec. 12014, 100

Stat. 3207-186.

31104(c) 49 App.:2304(b).

31104(d) 49 App.:2304(d).

31104(e) 49 App.:2304(f)(1). Jan. 6, 1983, Pub. L.

97-424, Sec. 404(f), 96

Stat. 2156; Oct. 27, 1986,

Pub. L. 99-570, Sec. 12014,

100 Stat. 3207-186; restated

Dec. 18, 1991, Pub. L.

102-240, Sec. 4002(g), 105

Stat. 2142.

31104(f) 49 App.:2304(f)(2).

31104(g)(1) 49 App.:2304(g) Jan. 6, 1983, Pub. L.

(less last 97-424, 96 Stat. 2155, Sec.

sentences of (5) 404(g), (h); added Dec. 18,

and (6)). 1991, Pub. L. 102-240, Sec.

4002(h), (i), 105 Stat. 2143.

31104(g)(2) 49 App.:2304(g)(5)

(last sentence).

31104(g)(3) 49 App.:2304(g)(6)

(last sentence).

31104(h) 49 App.:2304(h).

31104(i) 49 App.:2304 (note). Dec. 18, 1991, Pub. L.

102-240, Sec. 4002(k), 105

Stat. 2144.

31104(j) 49 App.:2302 (note). Dec. 18, 1991, Pub. L.

102-240, Sec. 4002(l), 105

Stat. 2144.

--------------------------------------------------------------------

In subsection (a), the text of 49 App.:2304(a)(1) and the

references to fiscal years ending September 30, 1987-1992, are

omitted as obsolete.

In subsection (b), the text of 49 App.:2304(e) is omitted as

superseded by 49 App.:2304(c) restated by section 4002(f) of the

Intermodal Surface Transportation Efficiency Act of 1991 (Public

Law 102-240, 105 Stat. 2142) and restated in this subsection.

In subsection (b)(2), the words "Amounts made available under

section 404(a)(2) of the Surface Transportation Assistance Act of

1982 before October 1, 1991" are substituted for "Funds made

available under this subchapter" for clarity and because of the

restatement.

In subsection (c), the words "Funds authorized to be

appropriated" are omitted because of the omission of 49

App.:2304(a)(1) as obsolete.

In subsection (e), the words "for administrative expenses

incurred in carrying out section 31102 of this title" are

substituted for "for administration of this section" for clarity

and consistency with the source provisions restated in this section

and section 31102 of the revised title.

In subsection (i), before clause (1), the words "Not later than 6

months after December 18, 1991" are omitted as obsolete. The words

"for grants under section 31102(a) of this title" are substituted

for "under the motor carrier safety assistance program" for clarity

and because of the restatement. The words "In prescribing those

regulations" are substituted for "In conducting such a revision"

because of the restatement.

In subsection (j), the words "Not later than 9 months after

December 18, 1991" are omitted as obsolete. The word "final" is

omitted as unnecessary. The words "regulations to be enforced under

section 31102(a) of this title" are substituted for "under the

motor carrier safety assistance program" for clarity and because of

the restatement.

AMENDMENTS

1998 - Subsec. (a). Pub. L. 105-178, Sec. 4003(e), amended

heading and text of subsec. (a) generally, substituting provisions

relating to appropriations for fiscal years 1998 to 2003 for

provisions relating to appropriations for fiscal years ending Sept.

30, 1993 to 1997 and for period of Oct. 1, 1997 through Mar. 31,

1998.

Subsec. (b). Pub. L. 105-178, Sec. 4003(f), struck out par. (1)

designation and par. (2) which read as follows: "Amounts made

available under section 404(a)(2) of the Surface Transportation

Assistance Act of 1982 before October 1, 1991, that are not

obligated on October 1, 1992, are available for reallocation and

obligation under paragraph (1) of this subsection."

Subsec. (f). Pub. L. 105-178, Sec. 4003(g)(1), added subsec. (f)

and struck out heading and text of former subsec. (f). Text read as

follows: "On October 1 of each fiscal year or as soon after that

date as practicable, the Secretary, after making the deduction

described in subsection (e) of this section, shall allocate under

criteria the Secretary establishes the amounts available for that

fiscal year among the States with plans approved under section

31102 of this title. However, the Secretary may designate specific

eligible States among which to allocate those amounts in allocating

amounts available -

"(1) for research, development, and demonstration under

subsection (g)(1)(F) of this section; and

"(2) for public education under subsection (g)(1)(G) of this

section."

Subsec. (g). Pub. L. 105-178, Sec. 4003(g)(1), (2), redesignated

subsec. (h) as (g) and struck out former subsec. (g) which related

to specific allocations.

Subsec. (h). Pub. L. 105-178, Sec. 4003(g)(4), redesignated

subsec. (j) as (h). Former subsec. (h) redesignated (g).

Subsec. (i). Pub. L. 105-178, Sec. 4003(g)(3), struck out heading

and text of subsec. (i). Text read as follows: "The Secretary shall

prescribe regulations to develop an improved formula and process

for allocating amounts made available for grants under section

31102(a) of this title among States eligible for those amounts. In

prescribing those regulations, the Secretary shall -

"(1) consider ways to provide incentives to States that

demonstrate innovative, successful, cost-efficient, or

cost-effective programs to promote commercial motor vehicle

safety and hazardous material transportation safety;

"(2) place special emphasis on incentives to States that

conduct traffic safety enforcement activities that are coupled

with motor carrier safety inspections; and

"(3) consider ways to provide incentives to States that

increase compatibility of State commercial motor vehicle safety

and hazardous material transportation regulations with Government

safety regulations and promote other factors intended to promote

effectiveness and efficiency the Secretary decides are

appropriate."

Subsec. (j). Pub. L. 105-178, Sec. 4003(g)(4), redesignated

subsec. (j) as (h).

1997 - Subsec. (a). Pub. L. 105-130 substituted "Not more" for

"not more" in pars. (1) to (5) and added par. (6).

INCREASED AUTHORIZATIONS FOR MOTOR CARRIER SAFETY GRANTS

Pub. L. 105-178, title IV, Sec. 4003(i), as added by Pub. L.

106-159, title I, Sec. 103(b)(1), Dec. 9, 1999, 113 Stat. 1753,

provided that: "The amount made available to incur obligations to

carry out section 31102 of title 49, United States Code, by section

31104(a) of such title for each of fiscal years 2001 through 2003

shall be increased by $65,000,000."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5708, 31102, 31103, 31141

of this title; title 23 section 110.

-End-

-CITE-

49 USC Sec. 31105 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART B - COMMERCIAL

CHAPTER 311 - COMMERCIAL MOTOR VEHICLE SAFETY

SUBCHAPTER I - STATE GRANTS AND OTHER COMMERCIAL MOTOR VEHICLE

PROGRAMS

-HEAD-

Sec. 31105. Employee protections

-STATUTE-

(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) the employee, or another person at the employee's request,

has filed a complaint or begun a proceeding related to a

violation of a commercial motor vehicle safety regulation,

standard, or order, or has testified or will testify in such a

proceeding; or

(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

or health; or

(ii) the employee has a reasonable apprehension of serious

injury to the employee or the public because of the vehicle's

unsafe condition.

(2) Under paragraph (1)(B)(ii) of this subsection, an employee's

apprehension of serious injury is reasonable only if a reasonable

individual in the circumstances then confronting the employee would

conclude that the unsafe 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 unsafe 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 employee's request,

may file a complaint with the Secretary of Labor not later than 180

days after the alleged violation occurred. On receiving the

complaint, the Secretary shall notify 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 shall conduct an investigation, decide whether it is

reasonable to believe the complaint has merit, and notify the

complainant and the person alleged to have committed the violation

of the findings. If the Secretary decides it is reasonable to

believe a violation occurred, the Secretary 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 shall issue a

final order. Before the final order is issued, the proceeding may

be ended by a settlement agreement made by the Secretary, the

complainant, and the person alleged to have committed the

violation.

(3)(A) If the Secretary decides, on the basis of a complaint, a

person violated subsection (a) of this section, the Secretary 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 back pay.

(B) If the Secretary issues an order under subparagraph (A) of

this paragraph and the complainant requests, the Secretary may

assess against the person against whom the order is issued the

costs (including attorney's fees) reasonably incurred by the

complainant in bringing the complaint. The Secretary shall

determine the costs that reasonably were incurred.

(c) 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. The review shall be

heard and decided expeditiously. An order of the Secretary subject

to review under this subsection is not subject to judicial review

in a criminal or other civil proceeding.

(d) Civil Actions To Enforce. - If a person fails to comply with

an order issued under subsection (b) of this section, the Secretary

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.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 990.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

31105(a) 49 App.:2305(a), Jan. 6, 1983, Pub. L.

(b). 97-424, Sec. 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.

97-424, Sec. 405(e), 96

Stat. 2158; Nov. 8, 1984,

Pub. L. 98-620, Sec.

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 "vehicle's 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.

EMPLOYEE PROTECTIONS

Pub. L. 105-178, title IV, Sec. 4023, June 9, 1998, 112 Stat.

415, provided that: "Not later than 2 years after the date of

enactment of this Act [June 9, 1998], the Secretary [of

Transportation], in conjunction with the Secretary of Labor, shall

report to the Committee on Commerce, Science, and Transportation of

the Senate and the Committee on Transportation and Infrastructure

of the House of Representatives on the effectiveness of existing

statutory employee protections provided for under section 31105 of

title 49, United States Code. The report shall include

recommendations to address any statutory changes necessary to

strengthen the enforcement of such employee protection provisions."

-End-

-CITE-

49 USC Sec. 31106 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART B - COMMERCIAL

CHAPTER 311 - COMMERCIAL MOTOR VEHICLE SAFETY

SUBCHAPTER I - STATE GRANTS AND OTHER COMMERCIAL MOTOR VEHICLE

PROGRAMS

-HEAD-

Sec. 31106. Information systems

-STATUTE-

(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; and

(E) adapt, improve, and incorporate other information and

information systems as the Secretary determines appropriate.

(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 Program. -

(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 driver and 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) decide, in cooperation with the Secretary, whether and

what types of sanctions or operating limitations to impose on

the motor carrier or registrant to ensure safety.

(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); and

(B) possess or seek authority to impose commercial motor

vehicle registration sanctions on the basis of a Federal safety

fitness determination.

(4) Funding. - The Secretary may make available up to 50

percent of the amounts available to carry out this section by

section 31107 in each of fiscal years 1998, 1999, 2000, 2001,

2002, and 2003 to carry out this subsection. The Secretary is

encouraged to direct no less than 80 percent of amounts made

available to carry out this subsection to States that have not

previously received financial assistance to develop or implement

the information systems authorized by this section.

(c) Commercial Motor Vehicle Driver Safety Program. - 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 -

(1) enhancing the exchange of driver licensing information

among the States, the Federal Government, and foreign countries;

(2) providing information to the judicial system on commercial

motor vehicle drivers;

(3) evaluating any aspect of driver performance that the

Secretary determines appropriate; and

(4) developing appropriate strategies and countermeasures to

improve driver safety.

(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) 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.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 991; Pub. L.

105-178, title IV, Sec. 4004(a), June 9, 1998, 112 Stat. 398.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

31106(a) 49 App.:2306(f). Jan. 6, 1983, Pub. L.

97-424, 96 Stat. 2155, Sec.

407; added Dec. 18, 1991,

Pub. L. 102-240, Sec. 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.

AMENDMENTS

1998 - Pub. L. 105-178 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 31101, 31107, 31309 of

this title.

-End-

-CITE-

49 USC Sec. 31107 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART B - COMMERCIAL

CHAPTER 311 - COMMERCIAL MOTOR VEHICLE SAFETY

SUBCHAPTER I - STATE GRANTS AND OTHER COMMERCIAL MOTOR VEHICLE

PROGRAMS

-HEAD-

Sec. 31107. Contract authority funding for information systems

-STATUTE-

(a) Funding. - There shall be available from the Highway Trust

Fund (other than the Mass Transit Account) to carry out sections

31106 and 31309 of this title -

(1) $6,000,000 for fiscal year 1998;

(2) $10,000,000 for each of fiscal years 1999 and 2000; and

(!1)

(3) $12,000,000 for each of fiscal years 2001 through 2002.(!2)

(4) $15,000,000 for fiscal year 2003.

The amounts made available under this subsection shall remain

available until expended.

(b) Contract Authority. - Approval by the Secretary of a grant

with funds made available under this section imposes upon the

United States Government a contractual obligation for payment of

the Government's share of costs incurred in carrying out the

objectives of the grant.

(c) Emergency CDL Grants. - From amounts made available by

subsection (a) for a fiscal year, the Secretary of Transportation

may make a grant of up to $1,000,000 to a State whose commercial

driver's license program may fail to meet the compliance

requirements of section 31311(a).

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 992; Pub. L.

105-178, title IV, Sec. 4004(b), June 9, 1998, 112 Stat. 400; Pub.

L. 106-159, title I, Sec. 103(d), Dec. 9, 1999, 113 Stat. 1754.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

31107 49 App.:2307. Jan. 6, 1983, Pub. L.

97-424, 96 Stat. 2155, Sec.

408; added Dec. 18, 1991,

Pub. L. 102-240, Sec. 4004,

105 Stat. 2146.

--------------------------------------------------------------------

In subsection (a)(3), the words "on matters, including training

on accident" are substituted for "including training on accident"

for clarity.

AMENDMENTS

1999 - Subsec. (c). Pub. L. 106-159 added subsec. (c).

1998 - Pub. L. 105-178 amended section catchline and text

generally, substituting provisions relating to contract authority

funding for information systems for provisions relating to truck

and bus accident grant program.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 31106 of this title; title

23 section 110.

-FOOTNOTE-

(!1) So in original. The word "and" probably should not appear.

(!2) So in original. Par. (3) probably should end with "; and"

instead of a period.

-End-

-CITE-

49 USC Sec. 31108 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART B - COMMERCIAL

CHAPTER 311 - COMMERCIAL MOTOR VEHICLE SAFETY

SUBCHAPTER I - STATE GRANTS AND OTHER COMMERCIAL MOTOR VEHICLE

PROGRAMS

-HEAD-

Sec. 31108. Authorization of appropriations

-STATUTE-

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.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 993.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

31108 (uncodified). Dec. 18, 1991, Pub. L.

102-240, Sec. 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.

-End-

-CITE-

49 USC SUBCHAPTER II - LENGTH AND WIDTH LIMITATIONS 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART B - COMMERCIAL

CHAPTER 311 - COMMERCIAL MOTOR VEHICLE SAFETY

SUBCHAPTER II - LENGTH AND WIDTH LIMITATIONS

-HEAD-

SUBCHAPTER II - LENGTH AND WIDTH LIMITATIONS

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 31103 of this title.

-End-

-CITE-

49 USC Sec. 31111 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART B - COMMERCIAL

CHAPTER 311 - COMMERCIAL MOTOR VEHICLE SAFETY

SUBCHAPTER II - LENGTH AND WIDTH LIMITATIONS

-HEAD-

Sec. 31111. Length limitations

-STATUTE-

(a) Definitions. - In this section, the following definitions

apply:

(1) Automobile transporter. - The term "automobile transporter"

means any vehicle combination designed and used specifically for

the transport of assembled highway vehicles, including truck

camper units.

(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 only motor vehicles

when operating in combination with a semitrailer in

transporting motor vehicles.

(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) 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; or

(E) 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.

(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 officer's notification under this

subsection must include specific evidence of safety problems

supporting the officer's 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 Secretary's 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.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 993; Pub. L.

104-88, title I, Sec. 104(b), Dec. 29, 1995, 109 Stat. 919; Pub. L.

105-178, title IV, Sec. 4005, June 9, 1998, 112 Stat. 400.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

31111(a)(1) 49 App.:2311(f)(2). Jan. 6, 1983, Pub. L.

97-424, 96 Stat. 2097, Sec.

411(f)(2); added Oct. 18,

1986, Pub. L. 99-500, Sec.

101(l) [H.R. 5205, Sec.

324(a)], 100 Stat. 1783-308,

and Oct. 30, 1986, Pub. L.

99-591, Sec. 101(l) [H.R.

5205, Sec. 324(a)], 100

Stat. 3341-308; Dec. 22,

1987, Pub. L. 100-202, Sec.

106, 101 Stat. 1329-433.

31111(a)(2) 49 App.:2311(f)(1). Jan. 6, 1983, Pub. L.

97-424, Sec. 411(f)(1), 96

Stat. 2160; Oct. 18, 1986,

Pub. L. 99-500, Sec. 101(l)

[H.R. 5205, Sec. 324(a)],

100 Stat. 1783-308; Oct. 30,

1986, Pub. L. 99-591, Sec.

101(l) [H.R. 5205, Sec.

324(a)], 100 Stat. 3341-308;

Dec. 22, 1987, Pub. L.

100-202, Sec. 106, 101 Stat.

1329-433.

31111(b) 49 App.:2311(a). Jan. 6, 1983, Pub. L.

97-424, Sec. 411(a), 96

Stat. 2159; Oct. 30, 1984,

Pub. L. 98-554, Sec. 104(a),

98 Stat. 2831; Dec. 18,

1991, Pub. L. 102-240, Sec.

4006(b)(1), 105 Stat. 2151.

49 App.:2311(b). Jan. 6, 1983, Pub. L.

97-424, Sec. 411(b), (g),

(h), 96 Stat. 2159, 2160.

31111(c) 49 App.:2311(c). Jan. 6, 1983, Pub. L.

97-424, Sec. 411(c), 96

Stat. 2159; Oct. 30, 1984,

Pub. L. 98-554, Sec. 104(b),

98 Stat. 2831; Oct. 18,

1986, Pub. L. 99-500, Sec.

101(l) [H.R. 5205, Sec.

324(b)], 100 Stat. 1783-308;

Oct. 30, 1986, Pub. L.

99-591, Sec. 101(l) [H.R.

5205, Sec. 324(b)], 100

Stat. 3341-308; Dec. 22,

1987, Pub. L. 100-202, Sec.

106, 101 Stat. 1329-433.

31111(d) 49 App.:2311(h).

31111(e) 49 App.:2311(e). Jan. 6, 1983, Pub. L.

97-424, Sec. 411(e), 96

Stat. 2160; Dec. 18, 1991,

Pub. L. 102-240, Sec.

4006(c), 105 Stat. 2151.

31111(f) 49 App.:2311(i). Jan. 6, 1983, Pub. L.

97-424, 96 Stat. 2097, Sec.

411(i); added Oct. 30, 1984,

Pub. L. 98-554, Sec. 102, 98

Stat. 2829.

31111(g) 49 App.:2311(d). Jan. 6, 1983, Pub. L.

97-424, Sec. 411(d), 96

Stat. 2160; Apr. 2, 1987,

Pub. L. 100-17, Sec.

133(a)(7), 101 Stat. 171;

Nov. 5, 1990, Pub. L.

101-516, Sec. 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 101-427, 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)

(2d-last 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 Secretary's 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.

AMENDMENTS

1998 - Subsec. (a). Pub. L. 105-178, Sec. 4005(1), substituted

"section, the following definitions apply:" for "section - " in

introductory provisions.

Subsec. (a)(1). Pub. L. 105-178, Sec. 4005(5), added par. (1).

Former par. (1) redesignated (2).

Pub. L. 105-178, Sec. 4005(2), inserted "Maxi-cube vehicle. - The

term" after "(1)".

Subsec. (a)(2). Pub. L. 105-178, Sec. 4005(4), redesignated par.

(1) as (2). Former par. (2) redesignated (3).

Pub. L. 105-178, Sec. 4005(3), inserted "Truck tractor. - The

term" after "(2)".

Subsec. (a)(3). Pub. L. 105-178, Sec. 4005(4), redesignated par.

(2) as (3).

1995 - Subsec. (b)(1)(E). Pub. L. 104-88 added subpar. (E).

EFFECTIVE DATE OF 1995 AMENDMENT

Amendment by Pub. L. 104-88 effective Jan. 1, 1996, see section 2

of Pub. L. 104-88, set out as an Effective Date note under section

701 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5112, 31112, 31114 of

this title; title 23 section 127.

-End-

-CITE-

49 USC Sec. 31112 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART B - COMMERCIAL

CHAPTER 311 - COMMERCIAL MOTOR VEHICLE SAFETY

SUBCHAPTER II - LENGTH AND WIDTH LIMITATIONS

-HEAD-

Sec. 31112. Property-carrying unit limitation

-STATUTE-

(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.

(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, and Iowa. - 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; and

(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.

(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) (!1) Nebraska may continue to allow to be operated under

paragraphs (b)(1) and (b)(2) of this section,(!2) 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 Secretary's 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.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 995; Pub. L.

104-59, title III, Sec. 312(a)(3), Nov. 28, 1995, 109 Stat. 584;

Pub. L. 104-205, title III, Sec. 352, Sept. 30, 1996, 110 Stat.

2980; Pub. L. 105-66, title III, Sec. 343, Oct. 27, 1997, 111 Stat.

1449.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

31112(a)(1) 49 App.:2311(j)(7). Jan 6, 1983, Pub. L. 97-424,

96 Stat. 2159, Sec. 411(j);

added Dec. 18, 1991, Pub. L.

102-240, Sec. 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 101-427, 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.

AMENDMENTS

1997 - Subsec. (d)(4). Pub. L. 105-66 substituted "February 28,

1998" for "September 30, 1997".

1996 - Subsec. (d)(4). Pub. L. 104-205, 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. 104-59 substituted "Alaska, and Iowa"

for "and Alaska" in heading and added par. (4).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 23 sections 127, 141.

-FOOTNOTE-

(!1) See 1996 Amendment note below.

(!2) So in original.

-End-

-CITE-

49 USC Sec. 31113 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART B - COMMERCIAL

CHAPTER 311 - COMMERCIAL MOTOR VEHICLE SAFETY

SUBCHAPTER II - LENGTH AND WIDTH LIMITATIONS

-HEAD-

Sec. 31113. Width limitations

-STATUTE-

(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 officer's notification under this

subsection must include specific evidence of safety problems

supporting the officer's 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 Secretary's 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.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 997.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

31113(a) 49 App.:2316(a), Jan. 6, 1983, Pub. L.

(f). 97-424, 96 Stat. 2097, Sec.

416(a), (d), (f); added Apr.

5, 1983, Pub. L. 98-17, Sec.

1(a), 97 Stat. 59; Oct. 30,

1984, Pub. L. 98-554, Secs.

103(1), 104(d), (e), 105, 98

Stat. 2830, 2831.

31113(b) 49 App.:2316(b). Jan. 6, 1983, Pub. L.

97-424, 96 Stat. 2097, Sec.

416(b), (c); added Apr. 5,

1983, Pub. L. 98-17, Sec.

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.

97-424, 96 Stat. 2097, Sec.

416(e); added Oct. 30, 1984,

Pub. L. 98-554, Sec. 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 101-427, 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5112, 31112, 31114 of

this title; title 23 section 127.

-End-

-CITE-

49 USC Sec. 31114 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART B - COMMERCIAL

CHAPTER 311 - COMMERCIAL MOTOR VEHICLE SAFETY

SUBCHAPTER II - LENGTH AND WIDTH LIMITATIONS

-HEAD-

Sec. 31114. Access to the Interstate System

-STATUTE-

(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, 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.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 999.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

31114(a) 49 App.:2312(a). Jan. 6, 1983, Pub. L.

97-424, Sec. 412, 96 Stat.

2160; Oct. 30, 1984, Pub. L.

98-554, Secs. 104(c), 106,

98 Stat. 2831, 2832; Dec.

18, 1991, Pub. L. 102-240,

Sec. 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 31112 of this title; title

23 section 127.

-End-

-CITE-

49 USC Sec. 31115 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART B - COMMERCIAL

CHAPTER 311 - COMMERCIAL MOTOR VEHICLE SAFETY

SUBCHAPTER II - LENGTH AND WIDTH LIMITATIONS

-HEAD-

Sec. 31115. Enforcement

-STATUTE-

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.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 999.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

31115 49 App.:2313. Jan. 6, 1983, Pub. L.

97-424, Sec. 413, 96 Stat.

2160; Oct. 30, 1984, Pub. L.

98-554, Sec. 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.

-End-

-CITE-

49 USC SUBCHAPTER III - SAFETY REGULATION 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART B - COMMERCIAL

CHAPTER 311 - COMMERCIAL MOTOR VEHICLE SAFETY

SUBCHAPTER III - SAFETY REGULATION

-HEAD-

SUBCHAPTER III - SAFETY REGULATION

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 507, 521, 526 of this

title.

-End-

-CITE-

49 USC Sec. 31131 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART B - COMMERCIAL

CHAPTER 311 - COMMERCIAL MOTOR VEHICLE SAFETY

SUBCHAPTER III - SAFETY REGULATION

-HEAD-

Sec. 31131. Purposes and findings

-STATUTE-

(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.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 999.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

31131(a) 49 App.:2501. Oct. 30, 1984, Pub. L.

98-554, Secs. 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 98-554, 98 Stat. 2832), amended and enacted provisions

restated in this chapter.

TRAFFIC LAW INITIATIVE

Pub. L. 106-159, title II, Sec. 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."

-End-

-CITE-

49 USC Sec. 31132 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART B - COMMERCIAL

CHAPTER 311 - COMMERCIAL MOTOR VEHICLE SAFETY

SUBCHAPTER III - SAFETY REGULATION

-HEAD-

Sec. 31132. Definitions

-STATUTE-

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) "regulation" includes a standard or order.

(7) "State" means a State of the United States, the District of

Columbia, and, in sections 31136 and 31140-31142 (!1) of this

title, a political subdivision of a State.

(8) "State law" includes a law enacted by a political

subdivision of a State.

(9) "State regulation" includes a regulation prescribed by a

political subdivision of a State.

(10) "United States" means the States of the United States and

the District of Columbia.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1000; Pub. L.

104-88, title I, Sec. 104(f), Dec. 29, 1995, 109 Stat. 919; Pub. L.

105-178, title IV, Sec. 4008(a), June 9, 1998, 112 Stat. 404.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

31132 49 App.:2503. Oct. 30, 1984, Pub. L.

98-554, Sec. 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.

-REFTEXT-

REFERENCES IN TEXT

Section 31140 of this title, referred to in par. (7), was

repealed by Pub. L. 105-178, title IV, Sec. 4008(d), June 9, 1998,

112 Stat. 404.

-MISC2-

AMENDMENTS

1998 - Par. (1)(A). Pub. L. 105-178, Sec. 4008(a)(1), inserted

"or gross vehicle weight" after "rating" and ", whichever is

greater" after "pounds".

Par. (1)(B). Pub. L. 105-178, Sec. 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. 104-88 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".

EFFECTIVE DATE OF 1995 AMENDMENT

Amendment by Pub. L. 104-88 effective Jan. 1, 1996, see section 2

of Pub. L. 104-88, set out as an Effective Date note under section

701 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 521, 14503 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

49 USC Sec. 31133 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART B - COMMERCIAL

CHAPTER 311 - COMMERCIAL MOTOR VEHICLE SAFETY

SUBCHAPTER III - SAFETY REGULATION

-HEAD-

Sec. 31133. General powers of the Secretary of Transportation

-STATUTE-

(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.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1001; Pub. L.

105-178, title IV, Sec. 4006(a), June 9, 1998, 112 Stat. 401.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

31133(a) 49 App.:2510(a), Oct. 30, 1984, Pub. L.

(b) (1st sentence). 98-554, Sec. 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 Secretary's 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 Secretary's

inspection and investigation functions" to eliminate unnecessary

words. The words "or the Secretary's agent" are omitted as

unnecessary.

AMENDMENTS

1998 - Subsec. (a)(1). Pub. L. 105-178 inserted "and make

contracts for" after "conduct".

BORDER STAFFING STANDARDS

Pub. L. 106-159, title II, Sec. 218, Dec. 9, 1999, 113 Stat.

1767, 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(f)(2)(B)

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.

"(3) Limitation. - If the Secretary makes a designation

pursuant to paragraph (1) for a fiscal year, the Secretary may

not make a designation under section 31104(f)(2)(B) of title 49,

United States Code, for such fiscal year."

-End-

-CITE-

49 USC Sec. 31134 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART B - COMMERCIAL

CHAPTER 311 - COMMERCIAL MOTOR VEHICLE SAFETY

SUBCHAPTER III - SAFETY REGULATION

-HEAD-

[Sec. 31134. Repealed. Pub. L. 105-178, title IV, Sec. 4008(c),

June 9, 1998, 112 Stat. 404]

-MISC1-

Section, Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat.

1001; Pub. L. 104-287, Sec. 5(9), Oct. 11, 1996, 110 Stat. 3389,

related to Commercial Motor Vehicle Safety Regulatory Review Panel.

-End-

-CITE-

49 USC Sec. 31135 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART B - COMMERCIAL

CHAPTER 311 - COMMERCIAL MOTOR VEHICLE SAFETY

SUBCHAPTER III - SAFETY REGULATION

-HEAD-

Sec. 31135. Duties of employers and employees

-STATUTE-

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 employer's

or employee's conduct.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1003.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

31135 49 App.:2504. Oct. 30, 1984, Pub. L.

98-554, Sec. 205, 98 Stat.

2834.

--------------------------------------------------------------------

-End-

-CITE-

49 USC Sec. 31136 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART B - COMMERCIAL

CHAPTER 311 - COMMERCIAL MOTOR VEHICLE SAFETY

SUBCHAPTER III - SAFETY REGULATION

-HEAD-

Sec. 31136. United States Government regulations

-STATUTE-

(a) Minimum Safety Standards. - Subject to section 30103(a) of

this title, the Secretary of Transportation shall prescribe

regulations on commercial motor vehicle safety. The regulations

shall prescribe minimum safety standards for commercial motor

vehicles. At a minimum, the regulations shall ensure that -

(1) commercial motor vehicles are maintained, equipped, loaded,

and operated safely;

(2) the responsibilities imposed on operators of commercial

motor vehicles do not impair their ability to operate the

vehicles safely;

(3) the physical condition of operators of commercial motor

vehicles is adequate to enable them to operate the vehicles

safely; and

(4) the operation of commercial motor vehicles does not have a

deleterious effect on the physical condition of the operators.

(b) Eliminating and Amending Existing Regulations. - The

Secretary may not eliminate or amend an existing motor carrier

safety regulation related only to the maintenance, equipment,

loading, or operation (including routing) of vehicles carrying

material found to be hazardous under section 5103 of this title

until an equivalent or more stringent regulation has been

prescribed under section 5103.

(c) Procedures and Considerations. - (1) A regulation under this

section shall be prescribed under section 553 of title 5 (without

regard to sections 556 and 557 of title 5).

(2) Before prescribing regulations under this section, the

Secretary shall consider, to the extent practicable and consistent

with the purposes of this chapter -

(A) costs and benefits; and

(B) State laws and regulations on commercial motor vehicle

safety, to minimize their unnecessary preemption.

(d) Effect of Existing Regulations. - If the Secretary does not

prescribe regulations on commercial motor vehicle safety under this

section, regulations on commercial motor vehicle safety prescribed

by the Secretary before October 30, 1984, and in effect on October

30, 1984, shall be deemed in this subchapter to be regulations

prescribed by the Secretary under this section.

(e) Exemptions. - The Secretary may grant in accordance with

section 31315 waivers and exemptions from, or conduct pilot

programs with respect to, any regulations prescribed under this

section.

(f) Limitations on Municipality and Commercial Zone Exemptions

and Waivers. - (1) The Secretary may not -

(A) exempt a person or commercial motor vehicle from a

regulation related to commercial motor vehicle safety only

because the operations of the person or vehicle are entirely in a

municipality or commercial zone of a municipality; or

(B) waive application to a person or commercial motor vehicle

of a regulation related to commercial motor vehicle safety only

because the operations of the person or vehicle are entirely in a

municipality or commercial zone of a municipality.

(2) If a person was authorized to operate a commercial motor

vehicle in a municipality or commercial zone of a municipality in

the United States for the entire period from November 19, 1987,

through November 18, 1988, and if the person is otherwise qualified

to operate a commercial motor vehicle, the person may operate a

commercial motor vehicle entirely in a municipality or commercial

zone of a municipality notwithstanding -

(A) paragraph (1) of this subsection;

(B) a minimum age requirement of the United States Government

for operation of the vehicle; and

(C) a medical or physical condition that -

(i) would prevent an operator from operating a commercial

motor vehicle under the commercial motor vehicle safety

regulations in title 49, Code of Federal Regulations;

(ii) existed on July 1, 1988;

(iii) has not substantially worsened; and

(iv) does not involve alcohol or drug abuse.

(3) This subsection does not affect a State commercial motor

vehicle safety law applicable to intrastate commerce.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1003; Pub. L.

104-59, title III, Sec. 344, Nov. 28, 1995, 109 Stat. 610; Pub. L.

104-287, Sec. 5(60), Oct. 11, 1996, 110 Stat. 3394; Pub. L.

105-178, title IV, Sec. 4007(c), June 9, 1998, 112 Stat. 403.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

31136(a) 49 App.:2505(a), Oct. 30, 1984, Pub. L.

(g). 98-554, Sec. 206(a)-(g), 98

Stat. 2834.

31136(b) 49 App.:2505(b).

31136(c) 49 App.:2505(c).

31136(d) 49 App.:2505(d),

(e).

31136(e) 49 App.:2505(f).

31136(f) 49 App.:2505(h). Oct. 30, 1984, Pub. L.

98-554, Sec. 206(h), 98

Stat. 2835; restated Nov.

18, 1988, Pub. L. 100-690,

Sec. 9102(a), 102 Stat. 4528.

--------------------------------------------------------------------

In subsection (a), the text of 49 App.:2505(g) is omitted because

5:ch. 7 applies unless otherwise stated. Before clause (1), the

words "Not later than 18 months after October 30, 1984" are omitted

because the time period specified has expired. The words "Subject

to section 30103(a) of this title" are added to alert the reader to

that section.

In subsection (c)(1), the words "except that the time periods

specified in this subsection shall apply to the issuance of such

regulations" are omitted because the time periods referred to do

not appear in subsection (c) as enacted. The reference was probably

to the time periods in a prior version of subsection (c). See S.

2174, 98th Cong., 2d Sess., Sec. 6(b) (as reported by the Committee

on Commerce, Science, and Transportation of the Senate on May 2,

1984, in S. Rept. 98-424).

In subsection (d), the text of 49 App.:2505(d) is omitted as

obsolete.

In subsection (f)(2)(C)(i), the words "an operator" are

substituted for "such person" because only a natural person can

have a medical or physical condition.

AMENDMENTS

1998 - Subsec. (e). Pub. L. 105-178 amended heading and text of

subsec. (e) generally. Prior to amendment, subsec. (e) consisted of

pars. (1) to (3) relating to waivers.

1996 - Subsec. (e)(2)(A), (J), (3). Pub. L. 104-287 substituted

"November 28, 1995" for "the date of the enactment of this

paragraph".

1995 - Subsec. (e)(1) to (3). Pub. L. 104-59 designated existing

text as par. (1) and inserted heading, and added pars. (2) and (3).

AUTHORITY TO PROMULGATE SAFETY STANDARDS FOR RETROFITTING

Pub. L. 106-159, title I, Sec. 101(f), Dec. 9, 1999, 113 Stat.

1752, provided that: "The authority under title 49, United States

Code, to promulgate safety standards for commercial motor vehicles

and equipment subsequent to initial manufacture is vested in the

Secretary and may be delegated."

PROTECTION OF EXISTING EXEMPTIONS

Pub. L. 105-178, title IV, Sec. 4007(d), June 9, 1998, 112 Stat.

404, provided that: "The amendments made by this section [amending

this section and section 31315 of this title] shall not apply to or

otherwise affect a waiver, exemption, or pilot program in effect on

the day before the date of enactment of this Act [June 9, 1998]

under chapter 313 or section 31136(e) of title 49, United States

Code."

APPLICATION OF REGULATIONS TO CERTAIN COMMERCIAL MOTOR VEHICLES

Pub. L. 105-178, title IV, Sec. 4008(b), June 9, 1998, 112 Stat.

404, provided that: "Effective on the last day of the 1-year period

beginning on the date of enactment of this Act [June 9, 1998],

regulations prescribed under section 31136 of title 49, United

States Code, shall apply to operators of commercial motor vehicles

described in section 31132(1)(B) of such title (as amended by

subsection (a)) to the extent that those regulations did not apply

to those operators on the day before such effective date, except to

the extent that the Secretary determines, through a rulemaking

proceeding, that it is appropriate to exempt such operators of

commercial motor vehicles from the application of those

regulations."

IMPROVED INTERSTATE SCHOOL BUS SAFETY

Pub. L. 105-178, title IV, Sec. 4024, June 9, 1998, 112 Stat.

416, as amended by Pub. L. 107-110, title X, Sec. 1076(ii), Jan. 8,

2002, 115 Stat. 2094, provided that: "Not later than 6 months after

the date of enactment of this Act [June 9, 1998], the Secretary

shall initiate a rulemaking proceeding to determine whether or not

relevant commercial motor carrier safety regulations issued under

section 31136 of title 49, United States Code, should apply to all

interstate school transportation operations by local educational

agencies (as defined in section 9101 of the Elementary and

Secondary Education Act of 1965 [20 U.S.C. 7801])."

FEDERAL HIGHWAY ADMINISTRATION RULEMAKING

Pub. L. 104-88, title IV, Sec. 408, Dec. 29, 1995, 109 Stat. 958,

provided that:

"(a) Advance Notice. - The Federal Highway Administration shall

issue an advance notice of proposed rulemaking dealing with a

variety of fatigue-related issues pertaining to commercial motor

vehicle motor vehicle safety (including 8 hours of continuous sleep

after 10 hours of driving, loading and unloading operations,

automated and tamper-proof recording devices, rest and recovery

cycles, fatigue and stress in longer combination vehicles, fitness

for duty, and other appropriate regulatory and enforcement

countermeasures for reducing fatigue-related incidents and

increasing driver alertness) not later than March 1, 1996.

"(b) Rulemaking. - The Federal Highway Administration shall issue

a notice of proposed rulemaking dealing with such issues within 1

year after issuance of the advance notice under subsection (a) is

published and shall issue a final rule dealing with those issues

within 2 years after the last day of such 1-year period."

EXEMPTIONS FROM REQUIREMENTS RELATING TO COMMERCIAL MOTOR VEHICLES

AND THEIR OPERATORS

Section 345 of Pub. L. 104-59 provided that:

"(a) Exemptions. -

"(1) Transportation of agricultural commodities and farm

supplies. - Regulations prescribed by the Secretary under

sections 31136 and 31502 of title 49, United States Code,

regarding maximum driving and on-duty time for drivers used by

motor carriers shall not apply to drivers transporting

agricultural commodities or farm supplies for agricultural

purposes in a State if such transportation is limited to an area

within a 100 air mile radius from the source of the commodities

or the distribution point for the farm supplies and is during the

planting and harvesting seasons within such State, as determined

by the State.

"(2) Transportation and operation of ground water well drilling

rigs. - Such regulations shall, in the case of a driver of a

commercial motor vehicle who is used primarily in the

transportation and operation of a ground water well drilling rig,

permit any period of 7 or 8 consecutive days to end with the

beginning of an off-duty period of 24 or more consecutive hours

for the purposes of determining maximum driving and on-duty time.

"(3) Transportation of construction materials and equipment. -

Such regulations shall, in the case of a driver of a commercial

motor vehicle who is used primarily in the transportation of

construction materials and equipment, permit any period of 7 or 8

consecutive days to end with the beginning of an off-duty period

of 24 or more consecutive hours for the purposes of determining

maximum driving and on-duty time.

"(4) Drivers of utility service vehicles. - Such regulations

shall, in the case of a driver of a utility service vehicle,

permit any period of 7 or 8 consecutive days to end with the

beginning of an off-duty period of 24 or more consecutive hours

for the purposes of determining maximum driving and on-duty time.

"(5) Snow and ice removal. - A State may waive the requirements

of chapter 313 of title 49, United States Code, with respect to a

vehicle that is being operated within the boundaries of an

eligible unit of local government by an employee of such unit for

the purpose of removing snow or ice from a roadway by plowing,

sanding, or salting. Such waiver authority shall only apply in a

case where the employee is needed to operate the vehicle because

the employee of the eligible unit of local government who

ordinarily operates the vehicle and who has a commercial drivers

license is unable to operate the vehicle or is in need of

additional assistance due to a snow emergency.

"(b) Preemption. - Nothing contained in this section shall

require the preemption of State laws and regulations concerning the

safe operation of commercial motor vehicles as the result of

exemptions from Federal requirements provided under this section.

"(c) Review by the Secretary. - The Secretary may conduct a

rulemaking proceeding to determine whether granting any exemption

provided by subsection (a) (other than paragraph (2)) is not in the

public interest and would have a significant adverse impact on the

safety of commercial motor vehicles. If, at any time as a result of

such a proceeding, the Secretary determines that granting such

exemption would not be in the public interest and would have a

significant adverse impact on the safety of commercial motor

vehicles, the Secretary may prevent the exemption from going into

effect, modify the exemption, or revoke the exemption. The

Secretary may develop a program to monitor the exemption, including

agreements with carriers to permit the Secretary to examine

insurance information maintained by an insurer on a carrier.

"(d) Report. - The Secretary shall monitor the commercial motor

vehicle safety performance of drivers of vehicles that are subject

to an exemption under this section. If the Secretary determines

that public safety has been adversely affected by an exemption

granted under this section, the Secretary shall report to Congress

on the determination.

"(e) Definitions. - In this section, the following definitions

apply:

"(1) 7 or 8 consecutive days. - The term '7 or 8 consecutive

days' means the period of 7 or 8 consecutive days beginning on

any day at the time designated by the motor carrier for a 24-hour

period.

"(2) 24-hour period. - The term '24-hour period' means any 24

consecutive hour period beginning at the time designated by the

motor carrier for the terminal from which the driver is normally

dispatched.

"(3) Ground water well drilling rig. - The term 'ground water

well drilling rig' means any vehicle, machine, tractor, trailer,

semi-trailer, or specialized mobile equipment propelled or drawn

by mechanical power and used on highways to transport water well

field operating equipment, including water well drilling and pump

service rigs equipped to access ground water.

"(4) Transportation of construction materials and equipment. -

The term 'transportation of construction materials and equipment'

means the transportation of construction and pavement materials,

construction equipment, and construction maintenance vehicles, by

a driver to or from an active construction site (a construction

site between initial mobilization of equipment and materials to

the site to the final completion of the construction project)

within a 50 air mile radius of the normal work reporting location

of the driver. This paragraph does not apply to the

transportation of material found by the Secretary to be hazardous

under section 5103 of title 49, United States Code, in a quantity

requiring placarding under regulations issued to carry out such

section.

"(5) Eligible unit of local government. - The term 'eligible

unit of local government' means a city, town, borough, county,

parish, district, or other public body created by or pursuant to

State law which has a total population of 3,000 individuals or

less.

"(6) Utility service vehicle. - The term 'utility service

vehicle' means any commercial motor vehicle -

"(A) used in the furtherance of repairing, maintaining, or

operating any structures or any other physical facilities

necessary for the delivery of public utility services,

including the furnishing of electric, gas, water, sanitary

sewer, telephone, and television cable or community antenna

service;

"(B) while engaged in any activity necessarily related to the

ultimate delivery of such public utility services to consumers,

including travel or movement to, from, upon, or between

activity sites (including occasional travel or movement outside

the service area necessitated by any utility emergency as

determined by the utility provider); and

"(C) except for any occasional emergency use, operated

primarily within the service area of a utility's subscribers or

consumers, without regard to whether the vehicle is owned,

leased, or rented by the utility.

"(f) Effective Date. - Subsection (a) of this section shall take

effect on the 180th day following the date of the enactment of this

Act [Nov. 28, 1995]; except that paragraphs (1) and (2) of

subsection (a) shall take effect on such date of enactment."

WINTER HOME HEATING OIL DELIVERY STATE FLEXIBILITY PROGRAM

Pub. L. 104-59, title III, Sec. 346, Nov. 28, 1995, 109 Stat.

615, as amended by Pub. L. 105-178, title I, Sec. 1211(j), June 9,

1998, 112 Stat. 192; Pub. L. 105-206, title IX, Sec. 9003(d)(3),

July 22, 1998, 112 Stat. 839, provided that:

"(a) In General. - After notice and opportunity for comment, the

Secretary shall develop and implement a pilot program for the

purpose of evaluating waivers of the regulations issued by the

Secretary pursuant to sections 31136 and 31502 of title 49, United

States Code, relating to maximum on-duty time, and sections 31102

and 31104(j) of such title, relating to the Motor Carrier Safety

Assistance Program, to permit any period of 7 or 8 consecutive days

to end with the beginning of an off-duty period of 24 or more

consecutive hours for the purposes of determining maximum on-duty

time for drivers of motor vehicles making intrastate home heating

oil deliveries that occur within 100 air miles of a central

terminal or distribution point of the delivery of such oil. The

Secretary may approve up to 5 States to participate in the pilot

program during the winter heating season in the 6-month period

beginning on November 1, 1996.

"(b) Approval Criteria. - The Secretary shall select States to

participate in the pilot program upon approval of applications

submitted by States to the Secretary. The Secretary shall act on a

State's application within 30 days after the date of its

submission. The Secretary may only approve an application of a

State under this section if the Secretary finds, at a minimum, that

-

"(1) a substantial number of the citizens of the State rely on

home heating oil for heat during winter months;

"(2) current maximum on-duty time regulations may endanger the

welfare of these citizens by impeding timely deliveries of home

heating oil;

"(3) the State will ensure an equal to or greater level of

safety with respect to home heating oil deliveries than the level

of safety resulting from compliance with the regulations referred

to in subsection (a);

"(4) the State will monitor the safety of home heating oil

deliveries while participating in the program;

"(5) employers of deliverers of home heating oil that will be

covered by the program will agree to make all safety data

developed from the pilot program available to the State and to

the Secretary;

"(6) the State will only permit employers of deliverers of home

heating oil with satisfactory safety records to be covered by the

program; and

"(7) the State will comply with such other criteria as the

Secretary determines are necessary to implement the program

consistent with this section.

"(c) Participation in Program. - Upon approval of an application

of a State under this section, the Secretary shall permit the State

to participate in the pilot program for an initial period of 15

days during the winter heating season of the State (as determined

by the Governor and the Secretary). If, after the last day of such

15-day period, the Secretary finds that a State's continued

participation in the program is consistent with this section and

has resulted in no significant adverse impact on public safety and

is in the public interest, the Secretary shall extend the State's

participation in the program for periods of up to 30 additional

days during such heating season.

"(d) Suspension From Program. - The Secretary may suspend a

State's participation in the pilot program at any time if the

Secretary finds -

"(1) that the State has not complied with any of the criteria

for participation in the program under this section;

"(2) that a State's participation in the program has caused a

significant adverse impact on public safety and is not in the

public interest; or

"(3) the existence of an emergency.

"(e) Review by Secretary. - Within 90 days after the completion

of the pilot program, the Secretary shall initiate a rulemaking to

determine, based in part on the results of the program, whether to

-

"(1) permit a State to grant waivers of the regulations

referred to in subsection (a) to motor carriers transporting home

heating oil within the borders of the State, subject to such

conditions as the Secretary may impose, if the Secretary

determines that such waivers by the State meet the conditions in

section 31136(e) of title 49, United States Code; or

"(2) amend the regulations referred to in subsection (a) as may

be necessary to provide flexibility to motor carriers delivering

home heating oil during winter periods of peak demand.

"(f) Definition. - In this section, the term '7 or 8 consecutive

days' has the meaning such term has under section 345 of this Act

[set out above]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 31132, 31141, 31142,

31146, 31315, 31502 of this title.

-End-

-CITE-

49 USC Sec. 31137 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART B - COMMERCIAL

CHAPTER 311 - COMMERCIAL MOTOR VEHICLE SAFETY

SUBCHAPTER III - SAFETY REGULATION

-HEAD-

Sec. 31137. Monitoring device and brake maintenance regulations

-STATUTE-

(a) Use of Monitoring Devices. - 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.

(b) Brakes and Brake Systems Maintenance Regulations. - Not later

than December 31, 1990, the Secretary shall prescribe 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.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1004.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

31137(a) 49 App.:2505 (note). Nov. 18, 1988, Pub. L.

100-690, Sec. 9104(b), 102

Stat. 4529.

31137(b) 49 App.:2521. Oct. 30, 1984, Pub. L.

98-554, 98 Stat. 2829, Sec.

231; added Nov. 18, 1988,

Pub. L. 100-690, Sec. 9110,

102 Stat. 4531.

--------------------------------------------------------------------

In subsection (b), the text of 49 App.:2521(a) is omitted as

executed.

-End-

-CITE-

49 USC Sec. 31138 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART B - COMMERCIAL

CHAPTER 311 - COMMERCIAL MOTOR VEHICLE SAFETY

SUBCHAPTER III - SAFETY REGULATION

-HEAD-

Sec. 31138. Minimum financial responsibility for transporting

passengers

-STATUTE-

(a) General Requirement. - 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 -

(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.

(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.

(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 Treasury as miscellaneous receipts.

(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.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1005; Pub. L.

104-88, title I, Sec. 104(c), (d), Dec. 29, 1995, 109 Stat. 919;

Pub. L. 107-298, Sec. 3(b)(2), Nov. 26, 2002, 116 Stat. 2343.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

31138(a) 49:10927 (note). Sept. 20, 1982, Pub. L.

97-261, Sec. 18(a), 96 Stat.

1121.

31138(b) 49:10927 (note). Sept. 20, 1982, Pub. L.

97-261, Sec. 18(b), (c), 96

Stat. 1121.

31138(c) 49:10927 (note). Sept. 20, 1982, Pub. L.

97-261, Sec. 18(d), 96 Stat.

1121; Oct. 30, 1984, Pub. L.

98-554, Sec. 224, 98 Stat.

2847.

31138(d) 49:10927 (note). Sept. 20, 1982, Pub. L.

97-261, Sec. 18(e), 96 Stat.

1122.

31138(e) 49:10927 (note). Sept. 20, 1982, Pub. L.

97-261, Sec. 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 97-261, 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 97-261, 96

Stat. 1122) is omitted as unnecessary because of the restatement.

AMENDMENTS

2002 - Subsec. (e)(2). Pub. L. 107-298 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. 104-88, Sec. 104(c), added par.

(3).

Subsec. (e)(4). Pub. L. 104-88, Sec. 104(d), added par. (4).

EFFECTIVE DATE OF 1995 AMENDMENT

Amendment by Pub. L. 104-88 effective Jan. 1, 1996, see section 2

of Pub. L. 104-88, set out as an Effective Date note under section

701 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 507, 521, 526, 10927,

13101, 13902, 13906, 14501, 31102 of this title.

-End-

-CITE-

49 USC Sec. 31139 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART B - COMMERCIAL

CHAPTER 311 - COMMERCIAL MOTOR VEHICLE SAFETY

SUBCHAPTER III - SAFETY REGULATION

-HEAD-

Sec. 31139. Minimum financial responsibility for transporting

property

-STATUTE-

(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 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) The level of financial responsibility established under

paragraph (1) of this subsection shall be at least $750,000.

(c) 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).

(d) 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.

(e) 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.

(f) 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 Treasury as miscellaneous receipts.

(g) 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.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1006; Pub. L.

104-88, title I, Sec. 104(e), Dec. 29, 1995, 109 Stat. 919.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

31139(a) 49:10927 (note). July 1, 1980, Pub. L.

96-296, Sec. 30(h), 94 Stat.

823; Jan. 6, 1983, Pub. L.

97-424, Sec. 406(c), 96

Stat. 2159; Oct. 30, 1984,

Pub. L. 98-554, Sec. 222(b),

98 Stat. 2847; Nov. 18,

1988, Pub. L. 100-690, Sec.

9112, 102 Stat. 4534.

31139(b) 49:10927 (note). July 1, 1980, Pub. L.

96-296, Sec. 30(a), 94 Stat.

820; Jan. 6, 1983, Pub. L.

97-424, Sec. 406(a), 96

Stat. 2158.

31139(c) 49:10927 (note). July 1, 1980, Pub. L.

96-296, Sec. 30(b), 94 Stat.

821; Jan. 6, 1983, Pub. L.

97-424, Sec. 406(a), 96

Stat. 2158; Oct. 30, 1984,

Pub. L. 98-554, Sec. 222(a),

98 Stat. 2846; Nov. 16,

1990, Pub. L. 101-615, Sec.

23, 104 Stat. 3272.

31139(d) 49:10927 (note). July 1, 1980, Pub. L.

96-296, 94 Stat. 793, Sec.

30(g); added Nov. 18, 1988,

Pub. L. 100-690, Sec. 9112,

102 Stat. 4534.

31139(e) 49:10927 (note). July 1, 1980, Pub. L.

96-296, Sec. 30(c), 94 Stat.

822; Jan. 6, 1983, Pub. L.

97-424, Sec. 406(b), 96

Stat. 2158.

July 1, 1980, Pub. L.

96-296, Sec. 30(e), 94 Stat.

822.

31139(f) 49:10927 (note). July 1, 1980, Pub. L.

96-296, Sec. 30(d), 94 Stat.

822.

31139(g) 49:10927 (note). July 1, 1980, Pub. L.

96-296, Sec. 30(f), 94 Stat.

823; Jan. 6, 1983, Pub. L.

97-424, Sec. 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 96-296, 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 96-296, 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 96-296, 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 96-296, 94 Stat. 821) is omitted

as expired. The text of section 30(b)(4) of the Act (Public Law

96-296, 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 96-296, 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.

AMENDMENTS

1995 - Subsec. (e)(3). Pub. L. 104-88 added par. (3).

EFFECTIVE DATE OF 1995 AMENDMENT

Amendment by Pub. L. 104-88 effective Jan. 1, 1996, see section 2

of Pub. L. 104-88, set out as an Effective Date note under section

701 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 507, 521, 526, 10927,

13906, 31102 of this title; title 42 section 9608.

-End-

-CITE-

49 USC Sec. 31140 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART B - COMMERCIAL

CHAPTER 311 - COMMERCIAL MOTOR VEHICLE SAFETY

SUBCHAPTER III - SAFETY REGULATION

-HEAD-

[Sec. 31140. Repealed. Pub. L. 105-178, title IV, Sec. 4008(d),

June 9, 1998, 112 Stat. 404]

-MISC1-

Section, Pub. L. 103-272, Sec. 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.

-End-

-CITE-

49 USC Sec. 31141 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART B - COMMERCIAL

CHAPTER 311 - COMMERCIAL MOTOR VEHICLE SAFETY

SUBCHAPTER III - SAFETY REGULATION

-HEAD-

Sec. 31141. Review and preemption of State laws and regulations

-STATUTE-

(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

Secretary's own initiative or on petition of an interested person

(including a State).

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1008; Pub. L.

105-178, title IV, Sec. 4008(e), June 9, 1998, 112 Stat. 404.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

31141(a) 49 App.:2507(a). Oct. 30, 1984, Pub. L.

98-554, Sec. 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.

98-554, Sec. 208(h), 98

Stat. 2838; Nov. 18, 1988,

Pub. L. 100-690, Sec. 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.

AMENDMENTS

1998 - Subsecs. (b), (c). Pub. L. 105-178, Sec. 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. 105-178, Sec. 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."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 31132 of this title.

-End-

-CITE-

49 USC Sec. 31142 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART B - COMMERCIAL

CHAPTER 311 - COMMERCIAL MOTOR VEHICLE SAFETY

SUBCHAPTER III - SAFETY REGULATION

-HEAD-

Sec. 31142. Inspection of vehicles

-STATUTE-

(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.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1010; Pub. L.

105-178, title IV, Sec. 4008(f), (g), June 9, 1998, 112 Stat. 405.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

31142(a) 49 App.:2509(a). Oct. 30, 1984, Pub. L.

98-554, Sec. 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.

98-554, 98 Stat. 2829, Sec.

210(g); added Nov. 16, 1990,

Pub. L. 101-615, Sec. 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.

AMENDMENTS

1998 - Subsec. (a). Pub. L. 105-178, Sec. 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. 105-178, Sec. 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".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 31132 of this title.

-End-

-CITE-

49 USC Sec. 31143 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART B - COMMERCIAL

CHAPTER 311 - COMMERCIAL MOTOR VEHICLE SAFETY

SUBCHAPTER III - SAFETY REGULATION

-HEAD-

Sec. 31143. Investigating complaints and protecting complainants

-STATUTE-

(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 Secretary's authority to ensure that the

complainant is not subject to harassment, intimidation,

disciplinary action, discrimination, or financial loss because of

the disclosure.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1012.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

31143(a) 49 App.:2511(a). Oct. 30, 1984, Pub. L.

98-554, Sec. 212, 98 Stat.

2841.

31143(b) 49 App.:2511(b).

--------------------------------------------------------------------

TELEPHONE HOTLINE FOR REPORTING SAFETY VIOLATIONS

Pub. L. 105-178, title IV, Sec. 4017, June 9, 1998, 112 Stat.

413, as amended by Pub. L. 106-159, title II, Sec. 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 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."

-End-

-CITE-

49 USC Sec. 31144 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART B - COMMERCIAL

CHAPTER 311 - COMMERCIAL MOTOR VEHICLE SAFETY

SUBCHAPTER III - SAFETY REGULATION

-HEAD-

Sec. 31144. Safety fitness of owners and operators

-STATUTE-

(a) In General. - The Secretary shall -

(1) determine whether an owner or operator is fit to operate

safely commercial motor vehicles;

(2) periodically update such safety fitness determinations;

(3) make such final safety fitness determinations readily

available to the public; and

(4) prescribe by regulation penalties for violations of this

section consistent with section 521.

(b) Procedure. - The Secretary shall maintain by regulation a

procedure for determining the safety fitness of an owner or

operator. The procedure shall include, at a minimum, the following

elements:

(1) Specific initial and continuing requirements with which an

owner or operator must comply to demonstrate safety fitness.

(2) A methodology the Secretary will use to determine whether

an owner or operator is fit.

(3) Specific time frames within which the Secretary will

determine whether an owner or operator is fit.

(c) (!1) Prohibited Transportation. -

(1) In general. - Except as provided in sections 521(b)(5)(A)

and 5113 and this subsection, an owner or operator who the

Secretary determines is not fit may not operate commercial motor

vehicles in interstate commerce beginning on the 61st day after

the date of such fitness determination and until the Secretary

determines such owner or operator is fit.

(2) Owners or operators transporting passengers. - With regard

to owners or operators of commercial motor vehicles designed or

used to transport passengers, an owner or operator who the

Secretary determines is not fit may not operate in interstate

commerce beginning on the 46th day after the date of such fitness

determination and until the Secretary determines such owner or

operator is fit.

(3) Owners or operators transporting hazardous material. - With

regard to owners or operators of commercial motor vehicles

designed or used to transport hazardous material for which

placarding of a motor vehicle is required under regulations

prescribed under chapter 51, an owner or operator who the

Secretary determines is not fit may not operate in interstate

commerce beginning on the 46th day after the date of such fitness

determination and until the Secretary determines such owner or

operator is fit.

(4) Secretary's discretion. - Except for owners or operators

described in paragraphs (2) and (3), the Secretary may allow an

owner or operator who is not fit to continue operating for an

additional 60 days after the 61st day after the date of the

Secretary's fitness determination, if the Secretary determines

that such owner or operator is making a good faith effort to

become fit.

(d) Review of Fitness Determinations. -

(1) In general. - Not later than 45 days after an unfit owner

or operator requests a review, the Secretary shall review such

owner's or operator's compliance with those requirements with

which the owner or operator failed to comply and resulted in the

Secretary determining that the owner or operator was not fit.

(2) Owners or operators transporting passengers. - Not later

than 30 days after an unfit owner or operator of commercial motor

vehicles designed or used to transport passengers requests a

review, the Secretary shall review such owner's or operator's

compliance with those requirements with which the owner or

operator failed to comply and resulted in the Secretary

determining that the owner or operator was not fit.

(3) Owners or operators transporting hazardous material. - Not

later than 30 days after an unfit owner or operator of commercial

motor vehicles designed or used to transport hazardous material

for which placarding of a motor vehicle is required under

regulations prescribed under chapter 51, the Secretary shall

review such owner's or operator's compliance with those

requirements with which the owner or operator failed to comply

and resulted in the Secretary determining that the owner or

operator was not fit.

(e) Prohibited Government Use. - A department, agency, or

instrumentality of the United States Government may not use to

provide any transportation service an owner or operator who the

Secretary has determined is not fit until the Secretary determines

such owner or operator is fit.

(c) (!1) Safety Reviews of New Operators. -

(1) In general. - The Secretary shall require, by regulation,

each owner and each operator granted new operating authority,

after the date on which section 31148(b) is first implemented, to

undergo a safety review within the first 18 months after the

owner or operator, as the case may be, begins operations under

such authority.

(2) Elements. - In the regulations issued pursuant to paragraph

(1), the Secretary shall establish the elements of the safety

review, including basic safety management controls. In

establishing such elements, the Secretary shall consider their

effects on small businesses and shall consider establishing

alternate locations where such reviews may be conducted for the

convenience of small businesses.

(3) Phase-in of requirement. - The Secretary shall phase in the

requirements of paragraph (1) in a manner that takes into account

the availability of certified motor carrier safety auditors.

(4) New entrant authority. - Notwithstanding any other

provision of this title, any new operating authority granted

after the date on which section 31148(b) is first implemented

shall be designated as new entrant authority until the safety

review required by paragraph (1) is completed.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1012; Pub. L.

104-88, title I, Sec. 104(g), Dec. 29, 1995, 109 Stat. 920; Pub. L.

105-178, title IV, Sec. 4009(a), June 9, 1998, 112 Stat. 405; Pub.

L. 106-159, title II, Sec. 210(a), Dec. 9, 1999, 113 Stat. 1764.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

31144(a)(1) 49 App.:2512(a), Oct. 30, 1984, Pub. L.

(b). 98-554, Sec. 215, 98 Stat.

2844.

31144(a)(2) 49 App.:2512(c).

31144(b) 49 App.:2512(d).

--------------------------------------------------------------------

In subsection (a), the word "regulation" is substituted for

"rule" for consistency in the revised title and because the terms

are synonymous.

In subsection (a)(1), the words "after notice and opportunity for

comment" are omitted as unnecessary because of 5:553. The text of

49 App.:2512(b) is omitted as executed.

AMENDMENTS

1999 - Subsec. (c). Pub. L. 106-159 added subsec. (c) relating to

safety reviews of new operators.

1998 - Pub. L. 105-178 reenacted section catchline without change

and amended text generally, substituting, in subsec. (a), general

provisions for provisions relating to procedure and, in subsec.

(b), provisions relating to procedure for provisions relating to

findings and action on registrations, and adding subsecs. (c) to

(e).

1995 - Subsec. (a)(1). Pub. L. 104-88, Sec. 104(g)(1)-(3), in

first sentence substituted "The Secretary" for "In cooperation with

the Interstate Commerce Commission, the Secretary" and "section

13902" for "sections 10922 and 10923" and in subpar. (C) struck out

"and the Commission" after "Secretary".

Subsec. (b). Pub. L. 104-88, Sec. 104(g)(4), added subsec. (b)

and struck out former subsec. (b) which read as follows: "Findings

and Action on Applications. - The Commission shall -

"(1) find an applicant for authority to operate as a motor

carrier unfit if the applicant does not meet the safety fitness

requirements established under subsection (a) of this section;

and

"(2) deny the application."

EFFECTIVE DATE OF 1995 AMENDMENT

Amendment by Pub. L. 104-88 effective Jan. 1, 1996, see section 2

of Pub. L. 104-88, set out as an Effective Date note under section

701 of this title.

MINIMUM REQUIREMENTS

Pub. L. 106-159, title II, Sec. 210(b), Dec. 9, 1999, 113 Stat.

1765, provided that: "The Secretary shall initiate a rulemaking to

establish minimum requirements for applicant motor carriers,

including foreign motor carriers, seeking Federal interstate

operating authority to ensure applicant carriers are knowledgeable

about applicable Federal motor carrier safety standards. As part of

that rulemaking, the Secretary shall consider the establishment of

a proficiency examination for applicant motor carriers as well as

other requirements to ensure such applicants understand applicable

safety regulations before being granted operating authority."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5113, 13902, 13905 of

this title.

-FOOTNOTE-

(!1) So in original. Two subsecs. (c) have been enacted.

-End-

-CITE-

49 USC Sec. 31145 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART B - COMMERCIAL

CHAPTER 311 - COMMERCIAL MOTOR VEHICLE SAFETY

SUBCHAPTER III - SAFETY REGULATION

-HEAD-

Sec. 31145. Coordination of Governmental activities and paperwork

-STATUTE-

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.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1012.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

31145 49 App.:2517(b). Oct. 30, 1984, Pub. L.

98-554, Sec. 220(b), 98

Stat. 2846.

--------------------------------------------------------------------

-End-

-CITE-

49 USC Sec. 31146 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART B - COMMERCIAL

CHAPTER 311 - COMMERCIAL MOTOR VEHICLE SAFETY

SUBCHAPTER III - SAFETY REGULATION

-HEAD-

Sec. 31146. Relationship to other laws

-STATUTE-

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.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1013.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

31146 49 App.:2518. Oct. 30, 1984, Pub. L.

98-554, Sec. 221, 98 Stat.

2846.

--------------------------------------------------------------------

-End-

-CITE-

49 USC Sec. 31147 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART B - COMMERCIAL

CHAPTER 311 - COMMERCIAL MOTOR VEHICLE SAFETY

SUBCHAPTER III - SAFETY REGULATION

-HEAD-

Sec. 31147. Limitations on authority

-STATUTE-

(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 390-399 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.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1013.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

31147(a) 49 App.:2519(a). Oct. 30, 1984, Pub. L.

98-554, Sec. 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.

-End-

-CITE-

49 USC Sec. 31148 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART B - COMMERCIAL

CHAPTER 311 - COMMERCIAL MOTOR VEHICLE SAFETY

SUBCHAPTER III - SAFETY REGULATION

-HEAD-

Sec. 31148. Certified motor carrier safety auditors

-STATUTE-

(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 Secretary's 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.

-SOURCE-

(Added Pub. L. 106-159, title II, Sec. 211(a), Dec. 9, 1999, 113

Stat. 1765.)

-REFTEXT-

REFERENCES IN TEXT

The date of the enactment of this section, referred to in

subsecs. (a) and (b)(2), is the date of enactment of Pub. L.

106-159, which was approved Dec. 9, 1999.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 31144 of this title.

-End-

-CITE-

49 USC [SUBCHAPTER IV - REPEALED] 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART B - COMMERCIAL

CHAPTER 311 - COMMERCIAL MOTOR VEHICLE SAFETY

[SUBCHAPTER IV - REPEALED]

-HEAD-

[SUBCHAPTER IV - REPEALED]

-End-

-CITE-

49 USC Secs. 31161, 31162 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART B - COMMERCIAL

CHAPTER 311 - COMMERCIAL MOTOR VEHICLE SAFETY

[SUBCHAPTER IV - REPEALED]

-HEAD-

[Secs. 31161, 31162. Repealed. Pub. L. 105-178, title IV, Sec.

4010, June 9, 1998, 112 Stat. 407]

-MISC1-

Section 31161, Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108

Stat. 1013, related to procedures to ensure timely correction of

safety violations.

Section 31162, Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108

Stat. 1014, related to compliance review priority.

-End-