US (United States) Code. Title 49. Subtitle VI. Part B. Chapter 315: Motor Carrier Safety

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

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-CITE-

49 USC CHAPTER 315 - MOTOR CARRIER SAFETY 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART B - COMMERCIAL

CHAPTER 315 - MOTOR CARRIER SAFETY

-HEAD-

CHAPTER 315 - MOTOR CARRIER SAFETY

-MISC1-

Sec.

31501. Definitions.

31502. Requirements for qualifications, hours of service,

safety, and equipment standards.

31503. Research, investigation, and testing.

31504. Identification of motor vehicles.

HISTORICAL AND REVISION NOTES

Chapter 315 is a restatement of existing chapter 31 of title 49,

United States Code, that is redesignated as chapter 315 by section

1(c) of the bill.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 113, 302, 501, 31148 of

this title.

-End-

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49 USC Sec. 31501 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART B - COMMERCIAL

CHAPTER 315 - MOTOR CARRIER SAFETY

-HEAD-

Sec. 31501. Definitions

-STATUTE-

In this chapter -

(1) "migrant worker" means an individual going to or from

employment in agriculture as provided under section 3121(g) of

the Internal Revenue Code of 1986 (26 U.S.C. 3121(g)) or section

3(f) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(f)).

(2) "motor carrier", "motor common carrier", "motor private

carrier", "motor vehicle", and "United States" have the same

meanings given those terms in section 13102 of this title.

(3) "motor carrier of migrant workers" -

(A) means a person (except a motor common carrier) providing

transportation referred to in section 13501 of this title by a

motor vehicle (except a passenger automobile or station wagon)

for at least 3 migrant workers at a time to or from their

employment; but

(B) does not include a migrant worker providing

transportation for migrant workers and their immediate

families.

-SOURCE-

(Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2438, Sec. 3101;

renumbered Sec. 31501 and amended Pub. L. 103-272, Sec. 1(c), (e),

July 5, 1994, 108 Stat. 745, 1029; Pub. L. 103-429, Sec. 6(26),

Oct. 31, 1994, 108 Stat. 4380; Pub. L. 104-88, title III, Sec.

308(k)(1), (2), Dec. 29, 1995, 109 Stat. 947, 948.)

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HISTORICAL AND REVISION NOTES

PUB. L. 97-449

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

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

Section

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

3101(1) 49:303(a)(23). Feb. 4, 1887, ch. 104, 24

Stat. 397, Sec. 203(a)(22),

(23); added Aug. 3, 1956,

ch. 905, Sec. 1, 70 Stat.

958.

3101(2) (no source).

3101(3) 49:303(a)(22).

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

In clause (1), the words "going to or from" are substituted for

"proceeding to or returning from" for clarity.

Clause (2) is included to ensure that the identical definitions

that are relevant are used without repeating them. The source

provisions for the quoted definitions are found in the revision

notes for section 10102 of the revised title.

In clause (3), the words "including any 'contract common carrier

by motor vehicle' " are omitted as covered by the definition of

"motor carrier". The words "referred to in section 10521(a) of this

title" are substituted for "in interstate or foreign commerce" for

clarity and consistency in the revised title. The word "except" is

substituted for "but not including" for clarity. The words "at

least" are substituted for "or more", and the words "but the term

does not include" are substituted for "except", for consistency.

PUB. L. 103-429

This amends 49:31501(1) to correct an erroneous cross-reference.

AMENDMENTS

1995 - Par. (2). Pub. L. 104-88, Sec. 308(k)(1), substituted

"13102" for "10102".

Par. (3)(A). Pub. L. 104-88, Sec. 308(k)(2), substituted "13501"

for "10521(a)".

1994 - Pub. L. 103-272 renumbered section 3101 of this title as

this section and amended it generally, restating it without

substantive change.

Par. (1). Pub. L. 103-429 substituted "section 3(f)" for "section

203(f)".

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.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-429 effective July 5, 1994, see section

9 of Pub. L. 103-429, set out as a note under section 321 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 501 of this title.

-End-

-CITE-

49 USC Sec. 31502 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART B - COMMERCIAL

CHAPTER 315 - MOTOR CARRIER SAFETY

-HEAD-

Sec. 31502. Requirements for qualifications, hours of service,

safety, and equipment standards

-STATUTE-

(a) Application. - This section applies to transportation -

(1) described in sections 13501 and 13502 of this title; and

(2) to the extent the transportation is in the United States

and is between places in a foreign country, or between a place in

a foreign country and a place in another foreign country.

(b) Motor Carrier and Private Motor Carrier Requirements. - The

Secretary of Transportation may prescribe requirements for -

(1) qualifications and maximum hours of service of employees

of, and safety of operation and equipment of, a motor carrier;

and

(2) qualifications and maximum hours of service of employees

of, and standards of equipment of, a motor private carrier, when

needed to promote safety of operation.

(c) Migrant Worker Motor Carrier Requirements. - The Secretary

may prescribe requirements for the comfort of passengers,

qualifications and maximum hours of service of operators, and

safety of operation and equipment of a motor carrier of migrant

workers. The requirements only apply to a carrier transporting a

migrant worker -

(1) at least 75 miles; and

(2) across the boundary of a State, territory, or possession of

the United States.

(d) Considerations. - Before prescribing or revising any

requirement under this section, the Secretary shall consider the

costs and benefits of the requirement.

(e) Exception. -

(1) In general. - Notwithstanding any other provision of law,

regulations issued under this section or section 31136 regarding

-

(A) maximum driving and on-duty times applicable to operators

of commercial motor vehicles,

(B) physical testing, reporting, or recordkeeping, and

(C) the installation of automatic recording devices

associated with establishing the maximum driving and on-duty

times referred to in subparagraph (A),

shall not apply to any driver of a utility service vehicle during

an emergency period of not more than 30 days declared by an

elected State or local government official under paragraph (2) in

the area covered by the declaration.

(2) Declaration of emergency. - An elected State or local

government official or elected officials of more than one State

or local government jointly may issue an emergency declaration

for purposes of paragraph (1) after notice to the Regional

Director of the Federal Highway Administration with jurisdiction

over the area covered by the declaration.

(3) Incident report. - Within 30 days after the end of the

declared emergency period the official who issued the emergency

declaration shall file with the Regional Director a report of

each safety-related incident or accident that occurred during the

emergency period involving -

(A) a utility service vehicle driver to which the declaration

applied; or

(B) a utility service vehicle of the driver to which the

declaration applied.

(4) Definitions. - In this subsection, the following

definitions apply:

(A) Driver of a utility service vehicle. - The term "driver

of a utility service vehicle" means any driver who is

considered to be a driver of a utility service vehicle for

purposes of section 345(a)(4) of the National Highway System

Designation Act of 1995 (49 U.S.C. 31136 note; 109 Stat. 613).

(B) Utility service vehicle. - The term "utility service

vehicle" has the meaning that term has under section 345(e)(6)

of the National Highway System Designation Act of 1995 (49

U.S.C. 31136 note; 109 Stat (!1) 614-615).

-SOURCE-

(Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2438, Sec. 3102; Pub. L.

98-554, title II, Sec. 206(h), Oct. 30, 1984, 98 Stat. 2835;

renumbered Sec. 31502 and amended Pub. L. 103-272, Sec. 1(c), (e),

July 5, 1994, 108 Stat. 745, 1029; Pub. L. 104-88, title III, Sec.

308(k)(3), Dec. 29, 1995, 109 Stat. 948; Pub. L. 105-178, title IV,

Sec. 4012(a), June 9, 1998, 112 Stat. 408.)

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HISTORICAL AND REVISION NOTES

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

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

Section

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

3102(a) (no source).

3102(b)(1) 49:304(a)(1)-(2) Feb. 4, 1887, ch. 104, 24

(related to Stat. 379, Sec.

qualifications, 204(a)(1)-(2) (related to

hours of service, qualifications, hours of

and safety). service, and safety), (3)

(1st sentence); added Aug.

9, 1935, ch. 498, 49 Stat.

546.

3102(b)(2) 49:304(a)(3) (1st

sentence).

49:1655(e)(6)(C). Oct. 15, 1966, Pub. L.

89-670, Sec. 6(e)(6)(C), 80

Stat. 939.

3102(c) 49:304(a)(3a) (1st Feb. 4, 1887, ch. 104, 24

sentence). Stat. 379, Sec. 204(a)(3a)

(1st sentence); added Aug.

3, 1956, ch. 905, Sec. 2, 70

Stat. 958.

49:1655(e)(6)(C).

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

Throughout the chapter, the words "Secretary of Transportation"

are substituted for "Interstate Commerce Commission" because

49:1655(e)(6)(B)-(D) transferred the authority of the Interstate

Commerce Commission under the provisions restated in this chapter

to the Secretary of Transportation.

Subsection (a) is included to maintain the jurisdictional scope

of the source provisions from which subsections (b) and (c) of the

revised section are taken. Subsections (b) and (c) are based on

49:304 which, as part of 49:ch. 8, is now restated as subchapter II

of chapter 105 of the revised title. In addition, 49:303(a)(11)

(last sentence) extended the jurisdictional scope of 49:304 as

provided in subsection (a) of the revised section.

In subsection (b), before clause (1), the words "and to that end"

are omitted as surplus. The word "prescribe" is substituted for

"establish" for consistency. The word "reasonable" is omitted as

surplus.

In subsection (b)(1), the words "as provided in this chapter" are

omitted as unnecessary because of the restatement. The term "motor

carrier" is substituted for "common carriers by motor vehicle" and

"contract carriers by motor vehicle" because they are inclusive.

In subsection (b)(2), the words "when needed" are substituted for

"if need therefor is found" to eliminate unnecessary words.

In subsection (c), the word "prescribe" is substituted for

"establish" for consistency. The word "reasonable" is omitted as

surplus. The words "for a total distance of" are omitted as

unnecessary because of the restatement. The words "at least" are

substituted for "more than" for consistency. The word "line" is

omitted as surplus. The words "possession of the United States" are

added for consistency in the revised title. The words "a foreign

country" and "the District of Columbia" are omitted as unnecessary

because a carrier crossing the boundary of a foreign country or the

District of Columbia into or from the United States would

necessarily cross the boundary of a State and be covered by the

provision related to a State.

-REFTEXT-

REFERENCES IN TEXT

Subsections (a)(4) and (e)(6) of section 345 of the National

Highway System Designation Act of 1995, referred to in subsec.

(e)(4), is section 345 of Pub. L. 104-59, which is set out as a

note under section 31136 of this title.

-MISC2-

AMENDMENTS

1998 - Subsec. (e). Pub. L. 105-178 added subsec. (e).

1995 - Subsec. (a)(1). Pub. L. 104-88 substituted "13501 and

13502" for "10521 and 10522".

1994 - Pub. L. 103-272 renumbered section 3102 of this title as

this section and amended it generally, restating it without

substantive change.

1984 - Subsec. (d). Pub. L. 98-554 added subsec. (d).

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.

SAVINGS PROVISION

Pub. L. 100-690, title IX, Sec. 9102(c), Nov. 18, 1988, 102 Stat.

4529, provided that: "The amendment made by subsection (a)

[amending section 2505 of former Title 49, Transportation] shall

not be construed as having any effect on the enactment of

subsection (d) of section 3102 [now 31502] of title 49, United

States Code, which subsection (d) was added to such section by

section 206(h) of the Motor Carrier Safety Act of 1984 [Pub. L.

98-554] on October 30, 1984."

CONTINUED APPLICATION OF SAFETY AND MAINTENANCE REQUIREMENTS

Pub. L. 105-178, title IV, Sec. 4012(b), June 9, 1998, 112 Stat.

409, provided that:

"(1) In general. - The amendment made by subsection (a) [amending

this section] may not be construed -

"(A) to exempt any utility service vehicle from compliance with

any applicable provision of law relating to vehicle mechanical

safety, maintenance requirements, or inspections; or

"(B) to exempt any driver of a utility service vehicle from any

applicable provision of law (including any regulation)

established for the issuance, maintenance, or periodic renewal of

a commercial driver's license for that driver.

"(2) Definitions. - In this subsection, the following definitions

apply:

"(A) Commercial driver's license. - The term 'commercial

driver's license' has the meaning that term has under section

31301 of title 49, United States Code.

"(B) Driver of a utility service vehicle. - The term 'driver of

a utility service vehicle' has the meaning that term has under

section 31502(e)(2) of such title [probably should be section

31502(e)(4)(A) of such title].

"(C) Regulation. - The term 'regulation' has the meaning that

term has under section 31132 of such title.

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

vehicle' has the meaning that term has under section 345(e)(6) of

the National Highway System Designation Act of 1995 [Pub. L.

104-59] (49 U.S.C. 31136 note; 109 Stat. 614-615)."

STUDY OF ADEQUACY OF PARKING FACILITIES

Pub. L. 105-178, title IV, Sec. 4027, June 9, 1998, 112 Stat.

417, provided that:

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

study to determine the location and quantity of parking facilities

at commercial truck stops and travel plazas and public rest areas

that could be used by motor carriers to comply with Federal hours

of service rules. The study shall include an inventory of current

facilities serving the National Highway System, analyze where

shortages exist or are projected to exist, and propose a plan to

reduce the shortages. The study may be carried out in cooperation

with research entities representing motor carriers, the travel

plaza industry, and commercial motor vehicle drivers.

"(b) Report. - Not later than the 3 years after the date of the

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

to Congress a report on the results of the study with any

recommendations the Secretary determines appropriate as a result of

the study.

"(c) Funding. - From amounts set aside under section 104(a) of

title 23, United States Code, for each of fiscal years 1999, 2000,

and 2001, the Secretary may use not to exceed $500,000 per fiscal

year to carry out this section."

EXEMPTIONS FROM REQUIREMENTS RELATING TO COMMERCIAL MOTOR VEHICLES

AND THEIR OPERATORS

For provisions relating to exemptions from regulations prescribed

under this section as to maximum driving and on-duty time for

drivers used by motor carriers, see section 345 of Pub. L. 104-59,

set out as a note under section 31136 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 501, 507, 521, 526, 31504

of this title; title 15 section 1681b.

-FOOTNOTE-

(!1) So in original. Probably should be followed by a period.

-End-

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49 USC Sec. 31503 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART B - COMMERCIAL

CHAPTER 315 - MOTOR CARRIER SAFETY

-HEAD-

Sec. 31503. Research, investigation, and testing

-STATUTE-

(a) General Authority. - The Secretary of Transportation may

investigate and report on the need for regulation by the United

States Government of sizes, weight, and combinations of motor

vehicles and qualifications and maximum hours of service of

employees of a motor carrier subject to subchapter I of chapter 135

of this title and a motor private carrier. The Secretary shall use

the services of each department, agency, or instrumentality of the

Government and each organization of motor carriers having special

knowledge of a matter being investigated.

(b) Use of Services. - In carrying out this chapter, the

Secretary may use the services of a department, agency, or

instrumentality of the Government having special knowledge about

safety, to conduct scientific and technical research,

investigation, and testing when necessary to promote safety of

operation and equipment of motor vehicles. The Secretary may

reimburse the department, agency, or instrumentality for the

services provided.

-SOURCE-

(Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2439, Sec. 3103;

renumbered Sec. 31503 and amended Pub. L. 103-272, Sec. 1(c), (e),

July 5, 1994, 108 Stat. 745, 1030; Pub. L. 104-88, title III, Sec.

308(k)(4), Dec. 29, 1995, 109 Stat. 948.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

3103(a) 49:325. Feb. 4, 1887, ch. 104, 24

Stat. 379, Sec. 226; added

Aug. 9, 1935, ch. 498, 49

Stat. 566; Sept. 18, 1940,

ch. 722, Sec. 26(b), 54

Stat. 929.

49:1655(e)(6)(B). Oct. 15, 1966, Pub. L.

89-670, Sec. 6(e)(6)(B),

(C), 80 Stat. 939.

3103(b) 49:304(a)(5). Feb. 4, 1887, ch. 104, 24

Stat. 379, Sec. 204(a)(5);

added Aug. 9, 1935, ch. 498,

49 Stat. 546.

49:1655(e)(6)(C).

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

In subsection (a), the words "subject to subchapter II of chapter

105 of this title" are added for clarity. The word "services" is

substituted for "assistance" for consistency. The words

"department, agency, or instrumentality of the United States

Government" are substituted for "departments or bureaus of the

Government" for consistency.

In subsection (b), the words "In carrying out this chapter" are

substituted for "For the purpose of carrying out the provisions

pertaining to safety" to eliminate unnecessary words. The words

"department . . . or instrumentality" are added for consistency.

The word "reimburse" is substituted for "transfer . . . such funds"

for consistency. The words "as may be necessary and available to

make this provision effective" are omitted as unnecessary because

of the restatement.

AMENDMENTS

1995 - Subsec. (a). Pub. L. 104-88 substituted "subchapter I of

chapter 135" for "subchapter II of chapter 105".

1994 - Pub. L. 103-272 renumbered section 3103 of this title as

this section and amended it generally, restating it without

substantive change.

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.

-End-

-CITE-

49 USC Sec. 31504 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART B - COMMERCIAL

CHAPTER 315 - MOTOR CARRIER SAFETY

-HEAD-

Sec. 31504. Identification of motor vehicles

-STATUTE-

(a) General Authority. - The Secretary of Transportation may -

(1) issue and require the display of an identification plate on

a motor vehicle used in transportation provided by a motor

private carrier and a motor carrier of migrant workers subject to

section 31502(c) of this title, except a motor contract carrier;

and

(2) require each of those motor private carriers and motor

carriers of migrant workers to pay the reasonable cost of the

plate.

(b) Limitation. - A motor private carrier or a motor carrier of

migrant workers may use an identification plate only as authorized

by the Secretary.

-SOURCE-

(Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2439, Sec. 3104;

renumbered Sec. 31504 and amended Pub. L. 103-272, Sec. 1(c), (e),

July 5, 1994, 108 Stat. 745, 1030.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

3104(a) 49:304(a)(3) (last Feb. 4, 1887, ch. 104, 24

sentence) (related Stat. 379, Sec. 204(a)(3)

to "Sec. 324"). (last sentence) (related to

"Sec. 224"); added Aug. 9,

1935, ch. 498, 49 Stat. 546.

49:304(a)(3a) (last Feb. 4, 1887, ch. 104, 24

sentence) (related Stat. 379, Sec. 204(a)(3a)

to "Sec. 324"). (last sentence) (related to

"Sec. 224"); added Aug. 3,

1956, ch. 905, Sec. 2, 70

Stat. 958.

49:1655(e)(6)(D) Oct. 15, 1966, Pub. L.

(related to "Sec. 89-670, Sec. 6(e)(6)(D)

324"). (related to "Sec. 224"), 80

Stat. 940.

3104(b) 49:304(a)(3) (last

sentence) (related

to "Sec. 324").

49:304(a)(3a) (last

sentence) (related

to "Sec. 324").

49:l655(e)(6)(D)

(related to "Sec.

324").

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

The section is included to reflect the text of former 49:324

(related to motor private carriers and motor carriers of migrant

workers) which is incorporated in the revised title by

cross-reference.

AMENDMENTS

1994 - Pub. L. 103-272 renumbered section 3104 of this title as

this section and amended it generally, restating it without

substantive change.

-End-