Legislación
US (United States) Code. Title 49. Subtitle VI. Part B. Chapter 311: Commercial motor vehicle safety
-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 Repealed.]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 Repealed.]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[SUBCHAPTER IV - REPEALED]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 Repealed.]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-
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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-
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49 USC Sec. 31101 01/06/03
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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
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Revised Source (U.S. Code) Source (Statutes at Large)
Section
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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.
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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
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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).
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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-
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| Idioma: | inglés |
| País: | Estados Unidos |
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