-CITE-

49 USC CHAPTER 313 - COMMERCIAL MOTOR VEHICLE OPERATORS 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART B - COMMERCIAL

CHAPTER 313 - COMMERCIAL MOTOR VEHICLE OPERATORS

-HEAD-

CHAPTER 313 - COMMERCIAL MOTOR VEHICLE OPERATORS

-MISC1-

Sec.

31301. Definitions.

31302. Commercial driver's license requirement.

31303. Notification requirements.

31304. Employer responsibilities.

31305. General driver fitness and testing.

31306. Alcohol and controlled substances testing.

31307. Minimum training requirements for operators of longer

combination vehicles.

31308. Commercial driver's license.

31309. Commercial driver's license information system.

31310. Disqualifications.

31311. Requirements for State participation.

31312. Decertification authority.

[31313. Repealed.]

31314. Withholding amounts for State noncompliance.

31315. Waivers, exemptions, and pilot programs.

31316. Limitation on statutory construction.

31317. Procedure for prescribing regulations.

AMENDMENTS

1999 - Pub. L. 106-159, title II, Sec. 203(b), Dec. 9, 1999, 113

Stat. 1762, added item 31312.

1998 - Pub. L. 105-178, title IV, Secs. 4007(b), 4011(b)(2), (f),

June 9, 1998, 112 Stat. 403, 407, 408, substituted "Commercial

driver's license requirement" for "Limitation on the number of

driver's licenses" in item 31302 and "Waivers, exemptions, and

pilot programs" for "Waiver authority" in item 31315 and struck out

items 31312 "Grants for testing and ensuring the fitness of

operators of commercial motor vehicles" and 31313 "Grants for

issuing commercial drivers' licenses and complying with State

participation requirements".

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 113, 11303, 31148 of this

title; title 18 section 2721.

-End-

-CITE-

49 USC Sec. 31301 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART B - COMMERCIAL

CHAPTER 313 - COMMERCIAL MOTOR VEHICLE OPERATORS

-HEAD-

Sec. 31301. Definitions

-STATUTE-

In this chapter -

(1) "alcohol" has the same meaning given the term "alcoholic

beverage" in section 158(c) of title 23.

(2) "commerce" means trade, traffic, and transportation -

(A) in the jurisdiction of the United States between a place

in a State and a place outside that State (including a place

outside the United States); or

(B) in the United States that affects trade, traffic, and

transportation described in subclause (A) of this clause.

(3) "commercial driver's license" means a license issued by a

State to an individual authorizing the individual to operate a

class of commercial motor vehicles.

(4) "commercial motor vehicle" means a motor vehicle used in

commerce to transport passengers or property that -

(A) has a gross vehicle weight rating or gross vehicle weight

of at least 26,001 pounds, whichever is greater, or a lesser

gross vehicle weight rating or gross vehicle weight the

Secretary of Transportation prescribes by regulation, but not

less than a gross vehicle weight rating of 10,001 pounds;

(B) is designed to transport at least 16 passengers including

the driver; or

(C) is used to transport material found by the Secretary to

be hazardous under section 5103 of this title, except that a

vehicle shall not be included as a commercial motor vehicle

under this subclause if -

(i) the vehicle does not satisfy the weight requirements of

subclause (A) of this clause;

(ii) the vehicle is transporting material listed as

hazardous under section 306(a) of the Comprehensive

Environmental Response, Compensation, and Liability Act of

1980 (42 U.S.C. 9656(a)) and is not otherwise regulated by

the Secretary or is transporting a consumer commodity or

limited quantity of hazardous material as defined in section

171.8 of title 49, Code of Federal Regulations; and

(iii) the Secretary does not deny the application of this

exception to the vehicle (individually or as part of a class

of motor vehicles) in the interest of safety.

(5) except in section 31306, "controlled substance" has the

same meaning given that term in section 102 of the Comprehensive

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

(6) "driver's license" means a license issued by a State to an

individual authorizing the individual to operate a motor vehicle

on highways.

(7) "employee" means an operator of a commercial motor vehicle

(including an independent contractor when operating a commercial

motor vehicle) who is employed by an employer.

(8) "employer" means a person (including the United States

Government, a State, or a political subdivision of a State) that

owns or leases a commercial motor vehicle or assigns employees to

operate a commercial motor vehicle.

(9) "felony" means an offense under a law of the United States

or a State that is punishable by death or imprisonment for more

than one year.

(10) "hazardous material" has the same meaning given that term

in section 5102 of this title.

(11) "motor vehicle" means a vehicle, machine, tractor,

trailer, or semitrailer propelled or drawn by mechanical power

and used on public streets, roads, or highways, but does not

include a vehicle, machine, tractor, trailer, or semitrailer

operated only on a rail line or custom harvesting farm machinery.

(12) "serious traffic violation" means -

(A) excessive speeding, as defined by the Secretary by

regulation;

(B) reckless driving, as defined under State or local law;

(C) a violation of a State or local law on motor vehicle

traffic control (except a parking violation) and involving a

fatality, other than a violation to which section

31310(b)(1)(E) or 31310(c)(1)(E) applies;

(D) driving a commercial motor vehicle when the individual

has not obtained a commercial driver's license;

(E) driving a commercial motor vehicle when the individual

does not have in his or her possession a commercial driver's

license unless the individual provides, by the date that the

individual must appear in court or pay any fine with respect to

the citation, to the enforcement authority that issued the

citation proof that the individual held a valid commercial

driver's license on the date of the citation;

(F) driving a commercial motor vehicle when the individual

has not met the minimum testing standards -

(i) under section 31305(a)(3) for the specific class of

vehicle the individual is operating; or

(ii) under section 31305(a)(5) for the type of cargo the

vehicle is carrying; and

(G) any other similar violation of a State or local law on

motor vehicle traffic control (except a parking violation) that

the Secretary designates by regulation as serious.

(13) "State" means a State of the United States and the

District of Columbia.

(14) "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. 1014; Pub. L.

105-178, title IV, Sec. 4011(a), June 9, 1998, 112 Stat. 407; Pub.

L. 106-159, title II, Sec. 201(a)(3), (c), Dec. 9, 1999, 113 Stat.

1759, 1760.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

31301(1) 49 App.:2716(1), Oct. 27, 1986, Pub. L.

(13). 99-570, Sec. 12019(1)-(4),

(6)-(15), 100 Stat.

3207-187, 3207-188.

31301(2) 49 App.:2716(3).

31301(3) 49 App.:2716(4).

31301(4) 49 App.:2716(6).

31301(5) 49 App.:2716(7).

31301(6) 49 App.:2716(2).

31301(7) 49 App.:2716(8).

31301(8) 49 App.:2716(9).

31301(9) 49 App.:2716(10).

31301(10) 49 App.:2716(11).

31301(11) 49 App.:2716(5). Oct. 27, 1986, Pub. L.

99-570, Sec. 12019(5), 100

Stat. 3207-188; Apr. 2,

1987, Pub. L. 100-17, Sec.

133(c)(2), 101 Stat. 172;

Dec. 18, 1991, Pub. L.

102-240, Sec. 4010, 105

Stat. 2156.

31301(12) 49 App.:2716(12).

31301(13) 49 App.:2716(14).

31301(14) 49 App.:2716(15).

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

In clause (1), the text of 49 App.:2716(13) 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 (4)(A), the words "at least 26,001 pounds" are

substituted for "26,001 or more pounds", and the word "prescribes"

is substituted for "determines appropriate", for consistency in the

revised title.

In clause (4)(B), the words "at least 16 passengers" are

substituted for "more than 15 passengers" for consistency.

Clause (4)(C)(i) is substituted for "and which has a gross

vehicle weight rating of less than 26,001 pounds (or such gross

vehicle weight rating as determined appropriate by the Secretary

under subparagraph (A))" to eliminate unnecessary words. In

subclause (iii), the words "deny the application of this exception"

are substituted for "waive the application of the preceding

sentence" for clarity and because of the restatement.

In clause (11), the words "public streets, roads, or" are added

for consistency in the revised title.

In clause (12)(C), the words "involving a fatality" are

substituted for "arising in connection with a fatal traffic

accident" to eliminate unnecessary words.

AMENDMENTS

1999 - Par. (12)(C). Pub. L. 106-159, Sec. 201(a)(3), inserted ",

other than a violation to which section 31310(b)(1)(E) or

31310(c)(1)(E) applies" after "a fatality".

Par. (12)(D) to (G). Pub. L. 106-159, Sec. 201(c), added subpars.

(D) to (F) and redesignated former subpar. (D) as (G).

1998 - Par. (4)(A). Pub. L. 105-178, Sec. 4011(a)(1), inserted

"or gross vehicle weight" after "rating" first two places that term

appears and ", whichever is greater," after "26,001 pounds".

Par. (4)(C)(ii). Pub. L. 105-178, Sec. 4011(a)(2), inserted "is"

before "transporting" in two places and before "not otherwise

regulated".

EXEMPTIONS FROM REQUIREMENTS RELATING TO COMMERCIAL MOTOR VEHICLES

AND THEIR OPERATORS

For provisions relating to waiver of requirements of this chapter

with respect to vehicles used for snow or ice removal, see section

345(a)(5) of Pub. L. 104-59, set out as a note under section 31136

of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 521, 31316 of this title;

title 21 section 849.

-End-

-CITE-

49 USC Sec. 31302 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART B - COMMERCIAL

CHAPTER 313 - COMMERCIAL MOTOR VEHICLE OPERATORS

-HEAD-

Sec. 31302. Commercial driver's license requirement

-STATUTE-

No individual shall operate a commercial motor vehicle without a

valid commercial driver's license issued in accordance with section

31308. An individual operating a commercial motor vehicle may have

only one driver's license at any time.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1015; Pub. L.

105-178, title IV, Sec. 4011(b)(1), June 9, 1998, 112 Stat. 407.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

31302 49 App.:2701. Oct. 27, 1986, Pub. L.

99-570, Sec. 12002, 100

Stat. 3207-170.

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

The words "Effective July 1, 1987" are omitted as executed. The

words after "issued a driver's license" are omitted as expired.

AMENDMENTS

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

generally. Prior to amendment, text read as follows: "An individual

operating a commercial motor vehicle may have only one driver's

license at any time, except during the 10-day period beginning on

the date the individual is issued a driver's license."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 521, 31304 of this title.

-End-

-CITE-

49 USC Sec. 31303 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART B - COMMERCIAL

CHAPTER 313 - COMMERCIAL MOTOR VEHICLE OPERATORS

-HEAD-

Sec. 31303. Notification requirements

-STATUTE-

(a) Violations. - An individual operating a commercial motor

vehicle, having a driver's license issued by a State, and violating

a State or local law on motor vehicle traffic control (except a

parking violation) shall notify the individual's employer of the

violation. If the violation occurred in a State other than the

issuing State, the individual also shall notify a State official

designated by the issuing State. The notifications required by this

subsection shall be made not later than 30 days after the date the

individual is found to have committed the violation.

(b) Revocations, Suspensions, and Cancellations. - An employee

who has a driver's license revoked, suspended, or canceled by a

State, who loses the right to operate a commercial motor vehicle in

a State for any period, or who is disqualified from operating a

commercial motor vehicle for any period, shall notify the

employee's employer of the action not later than 30 days after the

date of the action.

(c) Previous Employment. - (1) Subject to paragraph (2) of this

subsection, an individual applying for employment as an operator of

a commercial motor vehicle shall notify the prospective employer,

at the time of the application, of any previous employment as an

operator of a commercial motor vehicle.

(2) The Secretary of Transportation shall prescribe by regulation

the period for which notice of previous employment must be given

under paragraph (1) of this subsection. However, the period may not

be less than the 10-year period ending on the date of the

application.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1016.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

31303 49 App.:2702. Oct. 27, 1986, Pub. L.

99-570, Sec. 12003, 100

Stat. 3207-171.

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

In this section, the words "Effective July 1, 1987" are omitted

as executed.

In subsection (c)(1), the words "operates a commercial motor

vehicle and" and "with an employer" are omitted as surplus.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 521 of this title.

-End-

-CITE-

49 USC Sec. 31304 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART B - COMMERCIAL

CHAPTER 313 - COMMERCIAL MOTOR VEHICLE OPERATORS

-HEAD-

Sec. 31304. Employer responsibilities

-STATUTE-

An employer may not knowingly allow an employee to operate a

commercial motor vehicle in the United States during a period in

which the employee -

(1) has a driver's license revoked, suspended, or canceled by a

State, has lost the right to operate a commercial motor vehicle

in a State, or has been disqualified from operating a commercial

motor vehicle; or

(2) has more than one driver's license (except as allowed under

section 31302 of this title).

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1016.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

31304 49 App.:2703. Oct. 27, 1986, Pub. L.

99-570, Sec. 12004, 100

Stat. 3207-171.

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

In this section, before clause (1), the words "Effective July 1,

1987" are omitted as executed. The words "permit, or authorize" are

omitted as surplus. Clause (2) is substituted for 49 App.:2703(2)

to eliminate unnecessary words.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 521 of this title.

-End-

-CITE-

49 USC Sec. 31305 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART B - COMMERCIAL

CHAPTER 313 - COMMERCIAL MOTOR VEHICLE OPERATORS

-HEAD-

Sec. 31305. General driver fitness and testing

-STATUTE-

(a) Minimum Standards for Testing and Fitness. - The Secretary of

Transportation shall prescribe regulations on minimum standards for

testing and ensuring the fitness of an individual operating a

commercial motor vehicle. The regulations -

(1) shall prescribe minimum standards for written and driving

tests of an individual operating a commercial motor vehicle;

(2) shall require an individual who operates or will operate a

commercial motor vehicle to take a driving test in a vehicle

representative of the type of vehicle the individual operates or

will operate;

(3) shall prescribe minimum testing standards for the operation

of a commercial motor vehicle and may prescribe different minimum

testing standards for different classes of commercial motor

vehicles;

(4) shall ensure that an individual taking the tests has a

working knowledge of -

(A) regulations on the safe operation of a commercial motor

vehicle prescribed by the Secretary and contained in title 49,

Code of Federal Regulations; and

(B) safety systems of the vehicle;

(5) shall ensure that an individual who operates or will

operate a commercial motor vehicle carrying a hazardous material

-

(A) is qualified to operate the vehicle under regulations on

motor vehicle transportation of hazardous material prescribed

under chapter 51 of this title;

(B) has a working knowledge of -

(i) those regulations;

(ii) the handling of hazardous material;

(iii) the operation of emergency equipment used in response

to emergencies arising out of the transportation of hazardous

material; and

(iv) appropriate response procedures to follow in those

emergencies; and

(C) is licensed by a State to operate the vehicle after

having first been determined under section 5103a of this title

as not posing a security risk warranting denial of the license.

(6) shall establish minimum scores for passing the tests;

(7) shall ensure that an individual taking the tests is

qualified to operate a commercial motor vehicle under regulations

prescribed by the Secretary and contained in title 49, Code of

Federal Regulations, to the extent the regulations apply to the

individual; and

(8) may require -

(A) issuance of a certification of fitness to operate a

commercial motor vehicle to an individual passing the tests;

and

(B) the individual to have a copy of the certification in the

individual's possession when the individual is operating a

commercial motor vehicle.

(b) Requirements for Operating Vehicles. - (1) Except as provided

in paragraph (2) of this subsection, an individual may operate a

commercial motor vehicle only if the individual has passed written

and driving tests that meet the minimum standards prescribed by the

Secretary under subsection (a) of this section to operate the

vehicle and has a commercial driver's license to operate the

vehicle.

(2) The Secretary may prescribe regulations providing that an

individual may operate a commercial motor vehicle for not more than

90 days if the individual -

(A) passes a driving test for operating a commercial motor

vehicle that meets the minimum standards prescribed under

subsection (a) of this section; and

(B) has a driver's license that is not suspended, revoked, or

canceled.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1016; Pub. L.

106-159, title II, Sec. 201(d), Dec. 9, 1999, 113 Stat. 1760; Pub.

L. 107-56, title X, Sec. 1012(b), Oct. 26, 2001, 115 Stat. 397.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

31305(a) 49 App.:2704(a). Oct. 27, 1986, Pub. L.

99-570, Sec. 12005(a), (b),

100 Stat. 3207-171.

31305(b) 49 App.:2704(b).

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

In this section, the word "Federal" is omitted as unnecessary.

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

July 15, 1988" are omitted as obsolete. In clause (3), the words

"if the Secretary considers appropriate to carry out the objectives

of this title" are omitted as unnecessary.

In subsection (b)(1), the words "taken and" are omitted as

unnecessary. The text of 49 App.:2704(b)(3) is omitted as obsolete.

AMENDMENTS

2001 - Subsec. (a)(5)(C). Pub. L. 107-56 added subpar. (C).

1999 - Subsec. (b)(1). Pub. L. 106-159 struck out "to operate the

vehicle" after "written and driving tests" and inserted "to operate

the vehicle and has a commercial driver's license to operate the

vehicle" before period at end.

CDL SCHOOL BUS ENDORSEMENT

Pub. L. 106-159, title II, Sec. 214, Dec. 9, 1999, 113 Stat.

1766, provided that: "The Secretary shall conduct a rulemaking to

establish a special commercial driver's license endorsement for

drivers of school buses. The endorsement shall, at a minimum -

"(1) include a driving skills test in a school bus; and

"(2) address proper safety procedures for -

"(A) loading and unloading children;

"(B) using emergency exits; and

"(C) traversing highway rail grade crossings."

MEDICAL CERTIFICATE

Pub. L. 106-159, title II, Sec. 215, Dec. 9, 1999, 113 Stat.

1767, provided that: "The Secretary shall initiate a rulemaking to

provide for a Federal medical qualification certificate to be made

a part of commercial driver's licenses."

INSULIN TREATED DIABETES MELLITUS

Pub. L. 105-178, title IV, Sec. 4018, June 9, 1998, 112 Stat.

413, provided that:

"(a) Determination. - Not later than 18 months after the date of

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

Transportation] shall determine whether a practicable and

cost-effective screening, operating, and monitoring protocol could

likely be developed for insulin treated diabetes mellitus

individuals who want to operate commercial motor vehicles in

interstate commerce that would ensure a level of safety equal to or

greater than that achieved with the current prohibition on

individuals with insulin treated diabetes mellitus driving such

vehicles.

"(b) Compilation and Evaluation. - Prior to making the

determination in subsection (a), the Secretary shall compile and

evaluate research and other information on the effects of insulin

treated diabetes mellitus on driving performance. In preparing the

compilation and evaluation, the Secretary shall, at a minimum -

"(1) consult with States that have developed and are

implementing a screening process to identify individuals with

insulin treated diabetes mellitus who may obtain waivers to drive

commercial motor vehicles in intrastate commerce;

"(2) evaluate the Department's policy and actions to permit

certain insulin treated diabetes mellitus individuals who meet

selection criteria and who successfully comply with the approved

monitoring protocol to operate in other modes of transportation;

"(3) assess the possible legal consequences of permitting

insulin treated diabetes mellitus individuals to drive commercial

motor vehicles in interstate commerce;

"(4) analyze available data on the safety performance of

diabetic drivers of motor vehicles;

"(5) assess the relevance of intrastate driving and experiences

of other modes of transportation to interstate commercial motor

vehicle operations; and

"(6) consult with interested groups knowledgeable about

diabetes and related issues.

"(c) Report to Congress. - If the Secretary determines that no

protocol described in subsection (a) could likely be developed, the

Secretary shall report to Congress the basis for such

determination.

"(d) Initiation of Rulemaking. - If the Secretary determines that

a protocol described in subsection (a) could likely be developed,

the Secretary shall report to Congress a description of the

elements of such protocol and shall promptly initiate a rulemaking

proceeding to implement such protocol."

PERFORMANCE-BASED CDL TESTING

Pub. L. 105-178, title IV, Sec. 4019, June 9, 1998, 112 Stat.

414, provided that:

"(a) Review. - Not later than 1 year after the date of enactment

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

complete a review of the procedures established and implemented by

States under section 31305 of title 49, United States Code, to

determine if the current system for testing is an accurate measure

and reflection of an individual's knowledge and skills as an

operator of a commercial motor vehicle and to identify methods to

improve testing and licensing standards, including identifying the

benefits and costs of a graduated licensing system.

"(b) Regulations. - The Secretary may issue regulations under

section 31305 of title 49, United States Code, reflecting the

results of the review."

DRIVER FATIGUE

Pub. L. 105-178, title IV, Sec. 4021, June 9, 1998, 112 Stat.

414, provided that:

"(a) Technologies To Reduce Fatigue of Commercial Motor Vehicle

Operators. -

"(1) Development of technologies. - As part of the activities

of the Secretary [of Transportation] relating to the fatigue of

commercial motor vehicle operators, the Secretary shall encourage

the research, development, and demonstration of technologies that

may aid in reducing such fatigue.

"(2) Matters to be taken into account. - In carrying out

paragraph (1), the Secretary shall take into account -

"(A) the degree to which the technology will be cost

efficient;

"(B) the degree to which the technology can be effectively

used in diverse climatic regions of the Nation; and

"(C) the degree to which the application of the technology

will further emissions reductions, energy conservation, and

other transportation goals.

"(3) Funding. - The Secretary may use amounts made available

under section 5001(a)(2) of this Act [112 Stat. 419].

"(b) Nonsedating Medications. - The Secretary shall review

available information on the effects of medications (including

antihistamines) on driver fatigue, awareness, and performance and

shall consider encouraging, if appropriate, the use of nonsedating

medications (including nonsedating antihistamines) as a means of

reducing the adverse effects of the use of other medications by

drivers."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 521, 31301, 31308, 31311

of this title.

-End-

-CITE-

49 USC Sec. 31306 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART B - COMMERCIAL

CHAPTER 313 - COMMERCIAL MOTOR VEHICLE OPERATORS

-HEAD-

Sec. 31306. Alcohol and controlled substances testing

-STATUTE-

(a) Definition. - In this section, "controlled substance" means

any substance under section 102 of the Comprehensive Drug Abuse

Prevention and Control Act of 1970 (21 U.S.C. 802) specified by the

Secretary of Transportation.

(b) Testing Program for Operators of Commercial Motor Vehicles. -

(1)(A) In the interest of commercial motor vehicle safety, the

Secretary of Transportation shall prescribe regulations that

establish a program requiring motor carriers to conduct

preemployment, reasonable suspicion, random, and post-accident

testing of operators of commercial motor vehicles for the use of a

controlled substance in violation of law or a United States

Government regulation and to conduct reasonable suspicion, random,

and post-accident testing of such operators for the use of alcohol

in violation of law or a United States Government regulation. The

regulations shall permit such motor carriers to conduct

preemployment testing of such employees for the use of alcohol.

(B) When the Secretary of Transportation considers it appropriate

in the interest of safety, the Secretary may prescribe regulations

for conducting periodic recurring testing of operators of

commercial motor vehicles for the use of alcohol or a controlled

substance in violation of law or a Government regulation.

(2) In prescribing regulations under this subsection, the

Secretary of Transportation -

(A) shall require that post-accident testing of an operator of

a commercial motor vehicle be conducted when loss of human life

occurs in an accident involving a commercial motor vehicle; and

(B) may require that post-accident testing of such an operator

be conducted when bodily injury or significant property damage

occurs in any other serious accident involving a commercial motor

vehicle.

(c) Testing and Laboratory Requirements. - In carrying out

subsection (b) of this section, the Secretary of Transportation

shall develop requirements that shall -

(1) promote, to the maximum extent practicable, individual

privacy in the collection of specimens;

(2) for laboratories and testing procedures for controlled

substances, incorporate the Department of Health and Human

Services scientific and technical guidelines dated April 11,

1988, and any amendments to those guidelines, including mandatory

guidelines establishing -

(A) comprehensive standards for every aspect of laboratory

controlled substances testing and laboratory procedures to be

applied in carrying out this section, including standards

requiring the use of the best available technology to ensure

the complete reliability and accuracy of controlled substances

tests and strict procedures governing the chain of custody of

specimens collected for controlled substances testing;

(B) the minimum list of controlled substances for which

individuals may be tested; and

(C) appropriate standards and procedures for periodic review

of laboratories and criteria for certification and revocation

of certification of laboratories to perform controlled

substances testing in carrying out this section;

(3) require that a laboratory involved in testing under this

section have the capability and facility, at the laboratory, of

performing screening and confirmation tests;

(4) provide that any test indicating the use of alcohol or a

controlled substance in violation of law or a Government

regulation be confirmed by a scientifically recognized method of

testing capable of providing quantitative information about

alcohol or a controlled substance;

(5) provide that each specimen be subdivided, secured, and

labeled in the presence of the tested individual and that a part

of the specimen be retained in a secure manner to prevent the

possibility of tampering, so that if the individual's

confirmation test results are positive the individual has an

opportunity to have the retained part tested by a 2d confirmation

test done independently at another certified laboratory if the

individual requests the 2d confirmation test not later than 3

days after being advised of the results of the first confirmation

test;

(6) ensure appropriate safeguards for testing to detect and

quantify alcohol in breath and body fluid samples, including

urine and blood, through the development of regulations that may

be necessary and in consultation with the Secretary of Health and

Human Services;

(7) provide for the confidentiality of test results and medical

information (except information about alcohol or a controlled

substance) of employees, except that this clause does not prevent

the use of test results for the orderly imposition of appropriate

sanctions under this section; and

(8) ensure that employees are selected for tests by

nondiscriminatory and impartial methods, so that no employee is

harassed by being treated differently from other employees in

similar circumstances.

(d) Testing as Part of Medical Examination. - The Secretary of

Transportation may provide that testing under subsection (a) of

this section for operators subject to subpart E of part 391 of

title 49, Code of Federal Regulations, be conducted as part of the

medical examination required under that subpart.

(e) Rehabilitation. - The Secretary of Transportation shall

prescribe regulations establishing requirements for rehabilitation

programs that provide for the identification and opportunity for

treatment of operators of commercial motor vehicles who are found

to have used alcohol or a controlled substance in violation of law

or a Government regulation. The Secretary shall decide on the

circumstances under which those operators shall be required to

participate in a program. This section does not prevent a motor

carrier from establishing a program under this section in

cooperation with another motor carrier.

(f) Sanctions. - The Secretary of Transportation shall decide on

appropriate sanctions for a commercial motor vehicle operator who

is found, based on tests conducted and confirmed under this

section, to have used alcohol or a controlled substance in

violation of law or a Government regulation but who is not under

the influence of alcohol or a controlled substance as provided in

this chapter.

(g) Effect on State and Local Government Regulations. - A State

or local government may not prescribe or continue in effect a law,

regulation, standard, or order that is inconsistent with

regulations prescribed under this section. However, a regulation

prescribed under this section may not be construed to preempt a

State criminal law that imposes sanctions for reckless conduct

leading to loss of life, injury, or damage to property.

(h) International Obligations and Foreign Laws. - In prescribing

regulations under this section, the Secretary of Transportation -

(1) shall establish only requirements that are consistent with

international obligations of the United States; and

(2) shall consider applicable laws and regulations of foreign

countries.

(i) Other Regulations Allowed. - This section does not prevent

the Secretary of Transportation from continuing in effect,

amending, or further supplementing a regulation prescribed before

October 28, 1991, governing the use of alcohol or a controlled

substance by commercial motor vehicle employees.

(j) Application of Penalties. - This section does not supersede a

penalty applicable to an operator of a commercial motor vehicle

under this chapter or another law.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1017; Pub. L.

104-59, title III, Sec. 342(c), Nov. 28, 1995, 109 Stat. 609.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

31306(a) 49 App.:2717(g). Oct. 27, 1986, Pub. L.

99-570, 100 Stat. 3207-170,

Sec. 12020; added Oct. 28,

1991, Pub. L. 102-143, Sec.

5(a)(1), 105 Stat. 959.

31306(b)(1) 49 App.:2717(a).

31306(b)(2) 49 App.:2717(b)(1).

31306(c) 49 App.:2717(d).

31306(d) 49 App.:2717(b)(2).

31306(e) 49 App.:2717(c).

31306(f) 49 App.:2717(f)(2).

31306(g) 49 App.:2717(e)(1).

31306(h) 49 App.:2717(e)(3).

31306(i) 49 App.:2717(e)(2).

31306(j) 49 App.:2717(f)(1).

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

In subsection (b)(2)(B), the words "may require" are substituted

for "as determined by the Secretary" for clarity and to eliminate

unnecessary words.

In subsection (c)(2), before subclause (A), the word "subsequent"

is omitted as surplus.

In subsection (c)(3), the words "of any individual" are omitted

as surplus.

In subsection (c)(4), the words "by any individual" are omitted

as surplus.

In subsection (c)(5), the word "tested" is substituted for

"assayed" for consistency. The words "2d confirmation test" are

substituted for "independent test" for clarity and consistency.

In subsection (c)(6), the word "Secretary" is substituted for

"Department" for consistency in the revised title and with other

titles of the Code.

In subsection (d), the words "The Secretary of Transportation may

provide" are substituted for "Nothing in subsection (a) of this

section shall preclude the Secretary from providing" for clarity

and to eliminate unnecessary words.

In subsection (g), the words "rule" and "ordinance" are omitted

as being included in "law, regulation, standard, or order". The

words "whether the provisions apply specifically to commercial

motor vehicle employees, or to the general public" are omitted as

surplus.

AMENDMENTS

1995 - Subsec. (b)(1)(A). Pub. L. 104-59 added subpar. (A) and

struck out former subpar. (A) which read as follows: "In the

interest of commercial motor vehicle safety, the Secretary of

Transportation shall prescribe regulations not later than October

28, 1992, that establish a program requiring motor carriers to

conduct preemployment, reasonable suspicion, random, and

post-accident testing of operators of commercial motor vehicles for

the use of alcohol or a controlled substance in violation of law or

a United States Government regulation."

DRUG TEST RESULTS STUDY

Pub. L. 106-159, title II, Sec. 226, Dec. 9, 1999, 113 Stat.

1771, provided that:

"(a) In General. - The Secretary shall conduct a study of the

feasibility and merits of -

"(1) requiring medical review officers or employers to report

all verified positive controlled substances test results on any

driver subject to controlled substances testing under part 382 of

title 49, Code of Federal Regulations, including the identity of

each person tested and each controlled substance found, to the

State that issued the driver's commercial driver's license; and

"(2) requiring all prospective employers, before hiring any

driver, to query the State that issued the driver's commercial

driver's license on whether the State has on record any verified

positive controlled substances test on such driver.

"(b) Study Factors. - In carrying out the study under this

section, the Secretary shall assess -

"(1) methods for safeguarding the confidentiality of verified

positive controlled substances test results;

"(2) the costs, benefits, and safety impacts of requiring

States to maintain records of verified positive controlled

substances test results; and

"(3) whether a process should be established to allow drivers -

"(A) to correct errors in their records; and

"(B) to expunge information from their records after a

reasonable period of time.

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

enactment of this Act [Dec. 9, 1999], the Secretary shall submit to

Congress a report on the study carried out under this section,

together with such recommendations as the Secretary determines

appropriate."

POST-ACCIDENT ALCOHOL TESTING

Pub. L. 105-178, title IV, Sec. 4020, June 9, 1998, 112 Stat.

414, provided that:

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

study of the feasibility of utilizing law enforcement officers for

conducting post-accident alcohol testing of commercial motor

vehicle operators under section 31306 of title 49, United States

Code, as a method of obtaining more timely information. The study

shall also assess the impact of the current post-accident alcohol

testing requirements on motor carrier employers, including any

burden that employers may encounter in meeting the testing

requirements of such section 31306.

"(b) Report. - Not later than 18 months after the date of

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

to Congress a report on the study, together with such

recommendations as the Secretary determines appropriate."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5331, 31301 of this

title.

-End-

-CITE-

49 USC Sec. 31307 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART B - COMMERCIAL

CHAPTER 313 - COMMERCIAL MOTOR VEHICLE OPERATORS

-HEAD-

Sec. 31307. Minimum training requirements for operators of longer

combination vehicles

-STATUTE-

(a) Definition. - In this section, "longer combination vehicle"

means a vehicle consisting of a truck tractor and more than one

trailer or semitrailer that operates on the Dwight D. Eisenhower

System of Interstate and Defense Highways with a gross vehicle

weight of more than 80,000 pounds.

(b) Requirements. - Not later than December 18, 1994, the

Secretary of Transportation shall prescribe regulations

establishing minimum training requirements for operators of longer

combination vehicles. The training shall include certification of

an operator's proficiency by an instructor who has met the

requirements established by the Secretary.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1020.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

31307(a) 49 App.:2302 (note). Dec. 18, 1991, Pub. L.

102-240, Sec. 4007(f), 105

Stat. 2153.

31307(b) 49 App.:2302 (note). Dec. 18, 1991, Pub. L.

102-240, Sec. 4007(b), 105

Stat. 2152.

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

In subsection (a), the words "a vehicle consisting" are

substituted for "any combination" for clarity. 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 (b), the words "Not later than 60 days after the

date of the enactment of this Act, the Secretary shall initiate a

rulemaking proceeding" are omitted as executed.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 31317 of this title.

-End-

-CITE-

49 USC Sec. 31308 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART B - COMMERCIAL

CHAPTER 313 - COMMERCIAL MOTOR VEHICLE OPERATORS

-HEAD-

Sec. 31308. Commercial driver's license

-STATUTE-

After consultation with the States, the Secretary of

Transportation shall prescribe regulations on minimum uniform

standards for the issuance of commercial drivers' licenses by the

States and for information to be contained on each of the licenses.

The standards shall require at a minimum that -

(1) an individual issued a commercial driver's license pass

written and driving tests for the operation of a commercial motor

vehicle that comply with the minimum standards prescribed by the

Secretary under section 31305(a) of this title;

(2) the license be tamperproof to the maximum extent

practicable and each license issued after January 1, 2001,

include unique identifiers (which may include biometric

identifiers) to minimize fraud and duplication; and

(3) the license contain -

(A) the name and address of the individual issued the license

and a physical description of the individual;

(B) the social security account number or other number or

information the Secretary decides is appropriate to identify

the individual;

(C) the class or type of commercial motor vehicle the

individual is authorized to operate under the license;

(D) the name of the State that issued the license; and

(E) the dates between which the license is valid.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1020; Pub. L.

105-178, title IV, Sec. 4011(c)(1), June 9, 1998, 112 Stat. 407.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

31308 49 App.:2705. Oct. 27, 1986, Pub. L.

99-570, Sec. 12006, 100

Stat. 3207-175.

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

The words "Not later than July 15, 1988" are omitted as obsolete.

AMENDMENTS

1998 - Par. (2). Pub. L. 105-178 inserted before semicolon "and

each license issued after January 1, 2001, include unique

identifiers (which may include biometric identifiers) to minimize

fraud and duplication".

DEADLINE FOR ISSUANCE OF REGULATIONS

Pub. L. 105-178, title IV, Sec. 4011(c)(2), June 9, 1998, 112

Stat. 407, provided that: "Not later than 180 days after the date

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

Transportation] shall issue regulations to carry out the amendment

made by paragraph (1) [amending this section]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 31302, 31309, 31311 of

this title.

-End-

-CITE-

49 USC Sec. 31309 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART B - COMMERCIAL

CHAPTER 313 - COMMERCIAL MOTOR VEHICLE OPERATORS

-HEAD-

Sec. 31309. Commercial driver's license information system

-STATUTE-

(a) General Requirement. - The Secretary of Transportation shall

maintain an information system that will serve as a clearinghouse

and depository of information about the licensing, identification,

and disqualification of operators of commercial motor vehicles. The

system shall be coordinated with activities carried out under

section 31106. The Secretary shall consult with the States in

carrying out this section.

(b) Contents. - (1) At a minimum, the information system under

this section shall include for each operator of a commercial motor

vehicle -

(A) information the Secretary considers appropriate to ensure

identification of the operator;

(B) the name, address, and physical description of the

operator;

(C) the social security account number of the operator or other

number or information the Secretary considers appropriate to

identify the operator;

(D) the name of the State that issued the license to the

operator;

(E) the dates between which the license is valid; and

(F) whether the operator had a commercial motor vehicle

driver's license revoked, suspended, or canceled by a State, lost

the right to operate a commercial motor vehicle in a State for

any period, or has been disqualified from operating a commercial

motor vehicle.

(2) The information system under this section must accommodate

any unique identifiers required to minimize fraud or duplication of

a commercial driver's license under section 31308(2).

(c) Availability of Information. - Information in the information

system shall be made available and subject to review and correction

in accordance with the policy developed under section 31106(e).

(d) Fee System. - The Secretary may establish a fee system for

using the information system. Fees collected under this subsection

in a fiscal year shall equal as nearly as possible the costs of

operating the information system in that fiscal year. The Secretary

shall deposit fees collected under this subsection in the Highway

Trust Fund (except the Mass Transit Account).

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1020; Pub. L.

105-178, title IV, Sec. 4011(d), June 9, 1998, 112 Stat. 407.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

31309(a) 49 App.:2706(a). Oct. 27, 1986, Pub. L.

99-570, Sec. 12007, 100

Stat. 3207-175.

31309(b) 49 App.:2706(b).

31309(c) 49 App.:2706(c).

31309(d)(1) 49 App.:2706(d).

31309(d)(2) 49 App.:2706 (note). Nov. 18, 1988, Pub. L.

100-690, Sec. 9105(a), 102

Stat. 4530.

31309(e) 49 App.:2706(e).

31309(f) 49 App.:2706(f),

(g).

49 App.:2706 (note). Nov. 18, 1988, Pub. L.

100-690, Sec. 9105(b), 102

Stat. 4530.

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

In subsection (a), the words "Not later than January 1, 1989" are

omitted as obsolete. The words "shall consult with" are substituted

for "consult" for clarity.

In subsection (b), the text of 49 App.:2706(b)(1) is omitted as

executed. The words "utilizing such system" are omitted as surplus.

In subsection (f), the text of 49 App.:2706(g) and section

9105(b) of the Anti-Drug Abuse Act of 1988 (Public Law 100-690, 102

Stat. 4530) is omitted as obsolete.

AMENDMENTS

1998 - Subsec. (a). Pub. L. 105-178, Sec. 4011(d)(1), (2),

substituted "maintain an information system" for "make an agreement

under subsection (b) of this section for the operation of, or

establish under subsection (c) of this section, an information

system" and inserted "The system shall be coordinated with

activities carried out under section 31106." before "The Secretary

shall consult".

Subsec. (b). Pub. L. 105-178, Sec. 4011(d)(3), (8), redesignated

subsec. (d) as (b) and struck out heading and text of former

subsec. (b). Text read as follows: "If the Secretary decides that

an information system used by a State or States about the driving

status of operators of motor vehicles or another State-operated

information system could be used to carry out this section, and the

State or States agree to the use of the system for carrying out

this section, the Secretary may make an agreement with the State or

States to use the system as provided in this section and section

31311(c) of this title. An agreement made under this subsection

shall contain terms the Secretary considers necessary to carry out

this chapter."

Subsec. (c). Pub. L. 105-178, Sec. 4011(d)(3), (8), redesignated

subsec. (e) as (c) and struck out heading and text of former

subsec. (c). Text read as follows: "If the Secretary does not make

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

shall establish an information system about the driving status and

licensing of operators of commercial motor vehicles as provided in

this section."

Subsec. (d). Pub. L. 105-178, Sec. 4011(d)(8), redesignated

subsec. (f) as (d). Former subsec. (d) redesignated (b).

Subsec. (d)(2). Pub. L. 105-178, Sec. 4011(d)(4), added par. (2)

and struck out former par. (2) which read as follows: "Not later

than December 31, 1990, the Secretary shall prescribe regulations

on minimum uniform standards for a biometric identification system

to ensure the identification of operators of commercial motor

vehicles."

Subsec. (e). Pub. L. 105-178, Sec. 4011(d)(8), redesignated

subsec. (e) as (c).

Pub. L. 105-178, Sec. 4011(d)(5), added subsec. (e) and struck

out heading and text of former subsec. (e). Text read as follows:

"(1) On request of a State, the Secretary or the operator of the

information system, as the case may be, may make available to the

State information in the information system under this section.

"(2) On request of an employee, the Secretary or the operator of

the information system, as the case may be, may make available to

the employee information in the information system about the

employee.

"(3) On request of an employer or prospective employer of an

employee and after notification to the employee, the Secretary or

the operator of the information system, as the case may be, may

make available to the employer or prospective employer information

in the information system about the employee.

"(4) On the request of the Secretary, the operator of the

information system shall make available to the Secretary

information about the driving status and licensing of operators of

commercial motor vehicles (including information required by

subsection (d)(1) of this section)."

Subsec. (f). Pub. L. 105-178, Sec. 4011(d)(8), redesignated

subsec. (f) as (d).

Pub. L. 105-178, Sec. 4011(d)(6), (7), substituted "The Secretary

may establish" for "If the Secretary establishes an information

system under this section, the Secretary shall establish".

IMPROVED FLOW OF DRIVER HISTORY PILOT PROGRAM

Pub. L. 105-178, title IV, Sec. 4022, June 9, 1998, 112 Stat.

415, provided that:

"(a) Pilot Program. -

"(1) In general. - The Secretary [of Transportation] shall

carry out a pilot program in cooperation with 1 or more States to

improve upon the timely exchange of pertinent driver performance

and safety records data to motor carriers.

"(2) Purpose. - The purpose of the program shall be to -

"(A) determine to what extent driver performance records

data, including relevant fines, penalties, and failures to

appear for a hearing or trial, should be included as part of

any information systems under the Department of

Transportation's oversight;

"(B) assess the feasibility, costs, safety impact, pricing

impact, and benefits of record exchanges; and

"(C) assess methods for the efficient exchange of driver

safety data available from existing State information systems

and sources.

"(3) Completion date. - The pilot program shall end on the last

day of the 18-month period beginning on the date of initiation of

the pilot program.

"(b) Rulemaking. - After completion of the pilot program, the

Secretary shall initiate, if appropriate, a rulemaking to revise

the information system under section 31309 of title 49, United

States Code, to take into account the results of the pilot

program."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 30304, 31106, 31107,

31311 of this title.

-End-

-CITE-

49 USC Sec. 31310 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART B - COMMERCIAL

CHAPTER 313 - COMMERCIAL MOTOR VEHICLE OPERATORS

-HEAD-

Sec. 31310. Disqualifications

-STATUTE-

(a) Blood Alcohol Concentration Level. - In this section, the

blood alcohol concentration level at or above which an individual

when operating a commercial motor vehicle is deemed to be driving

under the influence of alcohol is .04 percent.

(b) First Violation or Committing Felony. - (1) Except as

provided in paragraph (2) of this subsection and subsection (c) of

this section, the Secretary of Transportation shall disqualify from

operating a commercial motor vehicle for at least one year an

individual -

(A) committing a first violation of driving a commercial motor

vehicle under the influence of alcohol or a controlled substance;

(B) committing a first violation of leaving the scene of an

accident involving a commercial motor vehicle operated by the

individual;

(C) using a commercial motor vehicle in committing a felony

(except a felony described in subsection (d) of this section);

(D) committing a first violation of driving a commercial motor

vehicle when the individual's commercial driver's license is

revoked, suspended, or canceled based on the individual's

operation of a commercial motor vehicle or when the individual is

disqualified from operating a commercial motor vehicle based on

the individual's operation of a commercial motor vehicle; or

(E) convicted of causing a fatality through negligent or

criminal operation of a commercial motor vehicle.

(2) If the vehicle involved in a violation referred to in

paragraph (1) of this subsection is transporting hazardous material

required to be placarded under section 5103 of this title, the

Secretary shall disqualify the individual for at least 3 years.

(c) Second and Multiple Violations. - (1) Subject to paragraph

(2) of this subsection, the Secretary shall disqualify from

operating a commercial motor vehicle for life an individual -

(A) committing more than one violation of driving a commercial

motor vehicle under the influence of alcohol or a controlled

substance;

(B) committing more than one violation of leaving the scene of

an accident involving a commercial motor vehicle operated by the

individual;

(C) using a commercial motor vehicle in committing more than

one felony arising out of different criminal episodes;

(D) committing more than one violation of driving a commercial

motor vehicle when the individual's commercial driver's license

is revoked, suspended, or canceled based on the individual's

operation of a commercial motor vehicle or when the individual is

disqualified from operating a commercial motor vehicle based on

the individual's operation of a commercial motor vehicle;

(E) convicted of more than one offense of causing a fatality

through negligent or criminal operation of a commercial motor

vehicle; or

(F) committing any combination of single violations or use

described in subparagraphs (A) through (E).

(2) The Secretary may prescribe regulations establishing

guidelines (including conditions) under which a disqualification

for life under paragraph (1) of this subsection may be reduced to a

period of not less than 10 years.

(d) Controlled Substance Violations. - The Secretary shall

disqualify from operating a commercial motor vehicle for life an

individual who uses a commercial motor vehicle in committing a

felony involving manufacturing, distributing, or dispensing a

controlled substance, or possession with intent to manufacture,

distribute, or dispense a controlled substance.

(e) Serious Traffic Violations. - (1) The Secretary shall

disqualify from operating a commercial motor vehicle for at least

60 days an individual who, in a 3-year period, commits 2 serious

traffic violations involving a commercial motor vehicle operated by

the individual.

(2) The Secretary shall disqualify from operating a commercial

motor vehicle for at least 120 days an individual who, in a 3-year

period, commits 3 serious traffic violations involving a commercial

motor vehicle operated by the individual.

(f) Emergency Disqualification. -

(1) Limited duration. - The Secretary shall disqualify an

individual from operating a commercial motor vehicle for not to

exceed 30 days if the Secretary determines that allowing the

individual to continue to operate a commercial motor vehicle

would create an imminent hazard (as such term is defined in

section 5102).

(2) After notice and hearing. - The Secretary shall disqualify

an individual from operating a commercial motor vehicle for more

than 30 days if the Secretary determines, after notice and an

opportunity for a hearing, that allowing the individual to

continue to operate a commercial motor vehicle would create an

imminent hazard (as such term is defined in section 5102).

(g) Noncommercial Motor Vehicle Convictions. -

(1) Issuance of regulations. - Not later than 1 year after the

date of the enactment of this Act, the Secretary shall issue

regulations providing for the disqualification by the Secretary

from operating a commercial motor vehicle of an individual who

holds a commercial driver's license and who has been convicted of

-

(A) a serious offense involving a motor vehicle (other than a

commercial motor vehicle) that has resulted in the revocation,

cancellation, or suspension of the individual's license; or

(B) a drug or alcohol related offense involving a motor

vehicle (other than a commercial motor vehicle).

(2) Requirements for regulations. - Regulations issued under

paragraph (1) shall establish the minimum periods for which the

disqualifications shall be in effect, but in no case shall the

time periods for disqualification for noncommercial motor vehicle

violations be more stringent than those for offenses or

violations involving a commercial motor vehicle. The Secretary

shall determine such periods based on the seriousness of the

offenses on which the convictions are based.

(h) State Disqualification. - Notwithstanding subsections (b)

through (g) of this section, the Secretary does not have to

disqualify an individual from operating a commercial motor vehicle

if the State that issued the individual a license authorizing the

operation has disqualified the individual from operating a

commercial motor vehicle under subsections (b) through (g).

Revocation, suspension, or cancellation of the license is deemed to

be disqualification under this subsection.

(i) Out-of-Service Orders. - (1)(A) To enforce section 392.5 of

title 49, Code of Federal Regulations, the Secretary shall

prescribe regulations establishing and enforcing an out-of-service

period of 24 hours for an individual who violates section 392.5. An

individual may not violate an out-of-service order issued under

those regulations.

(B) The Secretary shall prescribe regulations establishing and

enforcing requirements for reporting out-of-service orders issued

under regulations prescribed under subparagraph (A) of this

paragraph. Regulations prescribed under this subparagraph shall

require at least that an operator of a commercial motor vehicle who

is issued an out-of-service order to report the issuance to the

individual's employer and to the State that issued the operator a

driver's license.

(2) Not later than December 18, 1992, the Secretary shall

prescribe regulations establishing sanctions and penalties related

to violations of out-of-service orders by individuals operating

commercial motor vehicles. The regulations shall require at least

that -

(A) an operator of a commercial motor vehicle found to have

committed a first violation of an out-of-service order shall be

disqualified from operating such a vehicle for at least 90 days

and liable for a civil penalty of at least $1,000;

(B) an operator of a commercial motor vehicle found to have

committed a 2d violation of an out-of-service order shall be

disqualified from operating such a vehicle for at least one year

and not more than 5 years and liable for a civil penalty of at

least $1,000; and

(C) an employer that knowingly allows or requires an employee

to operate a commercial motor vehicle in violation of an

out-of-service order shall be liable for a civil penalty of not

more than $10,000.

(j) Grade-Crossing Violations. -

(1) Sanctions. - The Secretary shall issue regulations

establishing sanctions and penalties relating to violations, by

persons operating commercial motor vehicles, of laws and

regulations pertaining to railroad-highway grade crossings.

(2) Minimum requirements. - The regulations issued under

paragraph (1) shall, at a minimum, require that -

(A) the penalty for a single violation is not less than a

60-day disqualification of the driver's commercial driver's

license; and

(B) any employer that knowingly allows, permits, authorizes,

or requires an employee to operate a commercial motor vehicle

in violation of such a law or regulation shall be subject to a

civil penalty of not more than $10,000.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1022; Pub. L.

104-88, title IV, Sec. 403(a), Dec. 29, 1995, 109 Stat. 956; Pub.

L. 106-159, title II, Sec. 201(a)(1), (2), (b), Dec. 9, 1999, 113

Stat. 1758, 1759.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

31310(a) 49 App.:2707(f). Oct. 27, 1986, Pub. L.

99-570, Sec. 12008, 100

Stat. 3207-177.

31310(b) 49 App.:2707(a)(1).

31310(c) 49 App.:2707(a)(2).

31310(d) 49 App.:2707(b).

31310(e) 49 App.:2707(c).

31310(f) 49 App.:2707(e).

31310(g)(1) 49 App.:2707(d).

31310(g)(2) 49 App.:2718. Oct. 27, 1986, Pub. L.

99-570, 100 Stat. 3207-170,

Sec. 12020; added Dec. 18,

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

4009(a), 105 Stat. 2156.

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

In subsection (a), the text of 49 App.:2707(f)(1)-(4) (words

before 2d comma) is omitted as executed and obsolete. The words

"and section 2708 of the Appendix" are omitted as surplus.

In subsection (b)(2), the words "involved in a violation" are

substituted for "operated or used in connection with the violation

or the commission of the felony" to eliminate unnecessary words.

The words "by the Secretary" are omitted as surplus.

Subsection (c)(1)(D) is substituted for 49 App.:2707(a)(2)(A)(iv)

for clarity and to eliminate unnecessary words.

In subsection (g)(1)(A), the words "Not later than 1 year after

October 27, 1986" are omitted as obsolete.

In subsection (g)(2), before clause (A), the words "Not later

than December 18, 1992, the Secretary shall prescribe regulations"

are substituted for "The Secretary shall issue regulations" and 49

App.:2718(c) to eliminate executed words. The word "individuals" is

substituted for "persons" for clarity and consistency in the

revised title and with other titles of the United States Code. In

clause (C), the words "permits, authorizes" are omitted as being

included in "allows".

-REFTEXT-

REFERENCES IN TEXT

The date of the enactment of this Act, referred to in subsec.

(g)(1), is the date of enactment of Pub. L. 106-159, which was

approved Dec. 9, 1999.

-MISC2-

AMENDMENTS

1999 - Subsec. (b)(1)(D), (E). Pub. L. 106-159, Sec. 201(a)(1),

added subpars. (D) and (E).

Subsec. (c)(1)(D), (E). Pub. L. 106-159, Sec. 201(a)(2)(A), (C),

added subpars. (D) and (E). Former subpar. (D) redesignated (F).

Subsec. (c)(1)(F). Pub. L. 106-159, Sec. 201(a)(2)(B), (D),

redesignated subpar. (D) as (F) and substituted "subparagraphs (A)

through (E)" for "clauses (A)-(C) of this paragraph".

Subsecs. (f), (g). Pub. L. 106-159, Sec. 201(b)(2), added

subsecs. (f) and (g). Former subsecs. (f) and (g) redesignated (h)

and (i), respectively.

Subsec. (h). Pub. L. 106-159, Sec. 201(b)(1), (3), redesignated

subsec. (f) as (h) and substituted "(b) through (g)" for "(b)-(e)"

in two places. Former subsec. (h) redesignated (j).

Subsecs. (i), (j). Pub. L. 106-159, Sec. 201(b)(1), redesignated

subsecs. (g) and (h) as (i) and (j), respectively.

1995 - Subsec. (h). Pub. L. 104-88 added subsec. (h).

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.

REGULATIONS

Section 403(b) of Pub. L. 104-88 provided that: "The initial

regulations required under section 31310(h) of title 49, United

States Code, shall be issued not later than 1 year after the date

of the enactment of this Act [Dec. 29, 1995]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 521, 31301, 31311 of this

title.

-End-

-CITE-

49 USC Sec. 31311 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART B - COMMERCIAL

CHAPTER 313 - COMMERCIAL MOTOR VEHICLE OPERATORS

-HEAD-

Sec. 31311. Requirements for State participation

-STATUTE-

(a) General. - To avoid having amounts withheld from

apportionment under section 31314 of this title, a State shall

comply with the following requirements:

(1) The State shall adopt and carry out a program for testing

and ensuring the fitness of individuals to operate commercial

motor vehicles consistent with the minimum standards prescribed

by the Secretary of Transportation under section 31305(a) of this

title.

(2) The State may issue a commercial driver's license to an

individual only if the individual passes written and driving

tests for the operation of a commercial motor vehicle that comply

with the minimum standards.

(3) The State shall have in effect and enforce a law providing

that an individual with a blood alcohol concentration level at or

above the level established by section 31310(a) of this title

when operating a commercial motor vehicle is deemed to be driving

under the influence of alcohol.

(4) The State shall authorize an individual to operate a

commercial motor vehicle only by issuing a commercial driver's

license containing the information described in section 31308(3)

of this title.

(5) At least 60 days before issuing a commercial driver's

license (or a shorter period the Secretary prescribes by

regulation), the State shall notify the Secretary or the operator

of the information system under section 31309 of this title, as

the case may be, of the proposed issuance of the license and

other information the Secretary may require to ensure

identification of the individual applying for the license.

(6) Before issuing a commercial driver's license to an

individual or renewing such a license, the State shall request

from any other State that has issued a driver's license to the

individual all information about the driving record of the

individual.

(7) Not later than 30 days after issuing a commercial driver's

license, the State shall notify the Secretary or the operator of

the information system under section 31309 of this title, as the

case may be, of the issuance.

(8) Not later than 10 days after disqualifying the holder of a

commercial driver's license from operating a commercial motor

vehicle (or after revoking, suspending, or canceling the license)

for at least 60 days, the State shall notify the Secretary or the

operator of the information system under section 31309 of this

title, as the case may be, and the State that issued the license,

of the disqualification, revocation, suspension, or cancellation,

and the violation that resulted in the disqualification,

revocation, suspension, or cancellation shall be recorded.

(9) If an individual violates a State or local law on motor

vehicle traffic control (except a parking violation) and the

individual -

(A) has a commercial driver's license issued by another

State; or

(B) is operating a commercial vehicle without a commercial

driver's license and has a driver's license issued by another

State,

the State in which the violation occurred shall notify a State

official designated by the issuing State of the violations not

later than 10 days after the date the individual is found to have

committed the violation.

(10)(A) The State may not issue a commercial driver's license

to an individual during a period in which the individual is

disqualified from operating a commercial motor vehicle or the

individual's driver's license is revoked, suspended, or canceled.

(B) The State may not issue a special license or permit

(including a provisional or temporary license) to an individual

who holds a commercial driver's license that permits the

individual to drive a commercial motor vehicle during a period in

which -

(i) the individual is disqualified from operating a

commercial motor vehicle; or

(ii) the individual's driver's license is revoked, suspended,

or canceled.

(11) The State may issue a commercial driver's license to an

individual who has a commercial driver's license issued by

another State only if the individual first returns the driver's

license issued by the other State.

(12) The State may issue a commercial driver's license only to

an individual who operates or will operate a commercial motor

vehicle and is domiciled in the State, except that, under

regulations the Secretary shall prescribe, the State may issue a

commercial driver's license to an individual who operates or will

operate a commercial motor vehicle and is not domiciled in a

State that issues commercial drivers' licenses.

(13) The State shall impose penalties consistent with this

chapter that the State considers appropriate and the Secretary

approves for an individual operating a commercial motor vehicle.

(14) The State shall allow an individual to operate a

commercial motor vehicle in the State if -

(A) the individual has a commercial driver's license issued

by another State under the minimum standards prescribed by the

Secretary under section 31305(a) of this title;

(B) the license is not revoked, suspended, or canceled; and

(C) the individual is not disqualified from operating a

commercial motor vehicle.

(15) The State shall disqualify an individual from operating a

commercial motor vehicle for the same reasons and time periods

for which the Secretary shall disqualify the individual under

subsections (b)-(e), (g)(1)(A), and (g)(2) of section 31310.(!1)

(16)(A) Before issuing a commercial driver's license to an

individual, the State shall request the Secretary for information

from the National Driver Register maintained under chapter 303 of

this title (after the Secretary decides the Register is

operational) on whether the individual -

(i) has been disqualified from operating a motor vehicle

(except a commercial motor vehicle);

(ii) has had a license (except a license authorizing the

individual to operate a commercial motor vehicle) revoked,

suspended, or canceled for cause in the 3-year period ending on

the date of application for the commercial driver's license; or

(iii) has been convicted of an offense specified in section

30304(a)(3) of this title.

(B) The State shall give full weight and consideration to that

information in deciding whether to issue the individual a

commercial driver's license.

(17) The State shall adopt and enforce regulations prescribed

by the Secretary under section 31310(h) (!1) of this title.

(18) The State shall maintain, as part of its driver

information system, a record of each violation of a State or

local motor vehicle traffic control law while operating a motor

vehicle (except a parking violation) for each individual who

holds a commercial driver's license. The record shall be

available upon request to the individual, the Secretary,

employers, prospective employers, State licensing and law

enforcement agencies, and their authorized agents.

(19) The State shall -

(A) record in the driving record of an individual who has a

commercial driver's license issued by the State; and

(B) make available to all authorized persons and governmental

entities having access to such record,

all information the State receives under paragraph (9) with

respect to the individual and every violation by the individual

involving a motor vehicle (including a commercial motor vehicle)

of a State or local law on traffic control (except a parking

violation), not later than 10 days after the date of receipt of

such information or the date of such violation, as the case may

be. The State may not allow information regarding such violations

to be withheld or masked in any way from the record of an

individual possessing a commercial driver's license.

(20) The State shall revoke, suspend, or cancel the commercial

driver's license of an individual in accordance with regulations

issued by the Secretary to carry out section 31310(g).

(b) State Satisfaction of Requirements. - A State may satisfy the

requirements of subsection (a) of this section that the State

disqualify an individual from operating a commercial motor vehicle

by revoking, suspending, or canceling the driver's license issued

to the individual.

(c) Notification. - Not later than 30 days after being notified

by a State of the proposed issuance of a commercial driver's

license to an individual, the Secretary or the operator of the

information system under section 31309 of this title, as the case

may be, shall notify the State whether the individual has a

commercial driver's license issued by another State or has been

disqualified from operating a commercial motor vehicle by another

State or the Secretary.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1023; Pub. L.

104-88, title IV, Sec. 403(c), Dec. 29, 1995, 109 Stat. 956; Pub.

L. 105-178, title IV, Sec. 4011(e), June 9, 1998, 112 Stat. 408;

Pub. L. 106-159, title II, Sec. 202, Dec. 9, 1999, 113 Stat. 1760.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

31311 49 App.:2708. Oct. 27, 1986, Pub. L.

99-570, Sec. 12009, 100

Stat. 3207-179; Dec. 18,

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

4009(b), 105 Stat. 2156.

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

Subsection (a)(15) is substituted for 49 App.:2708(a)(15)-(19)

for consistency with section 31310(b)-(e) of the revised title and

to avoid repeating the language restated in section 31310(b)-(e).

In subsection (b), the words "in accordance with the requirements

of such subsection" are omitted as surplus.

-REFTEXT-

REFERENCES IN TEXT

Subsections (g) and (h) of section 31310 referred to in subsec.

(a)(15), (17), were redesignated subsections (i) and (j),

respectively, of section 31310 by Pub. L. 106-159, title II, Sec.

201(b)(1), Dec. 9, 1999, 113 Stat. 1759.

-MISC2-

AMENDMENTS

1999 - Subsec. (a)(6). Pub. L. 106-159, Sec. 202(a), inserted "or

renewing such a license" after "to an individual" and struck out

"commercial" after "has issued a".

Subsec. (a)(8). Pub. L. 106-159, Sec. 202(b), inserted ", and the

violation that resulted in the disqualification, revocation,

suspension, or cancellation shall be recorded" before the period at

end.

Subsec. (a)(9). Pub. L. 106-159, Sec. 202(c), amended par. (9)

generally. Prior to amendment, par. (9) read as follows: "If an

individual operating a commercial motor vehicle violates a State or

local law on motor vehicle traffic control (except a parking

violation) and the individual has a driver's license issued by

another State, the State in which the violation occurred shall

notify a State official designated by the issuing State of the

violation not later than 10 days after the date the individual is

found to have committed the violation."

Subsec. (a)(10). Pub. L. 106-159, Sec. 202(d), designated

existing provisions as subpar. (A) and added subpar. (B).

Subsec. (a)(13). Pub. L. 106-159, Sec. 202(e), inserted

"consistent with this chapter that" after "penalties", substituted

"vehicle." for "vehicle when the individual - ", and struck out

pars. (A) to (C) which read as follows:

"(A) does not have a commercial driver's license;

"(B) has a driver's license revoked, suspended, or canceled; or

"(C) is disqualified from operating a commercial motor

vehicle."

Subsec. (a)(18) to (20). Pub. L. 106-159, Sec. 202(f)-(h), added

pars. (18) to (20).

1998 - Subsec. (a)(15). Pub. L. 105-178, Sec. 4011(e)(1),

substituted "subsections (b)-(e), (g)(1)(A), and (g)(2) of section

31310" for "section 31310(b)-(e) of this title".

Subsec. (a)(17), (18). Pub. L. 105-178, Sec. 4011(e)(2), (3),

redesignated par. (18) as (17) and struck out former par. (17)

which read as follows: "The State shall adopt and enforce

regulations prescribed by the Secretary under section

31310(g)(1)(A) and (2) of this title."

1995 - Subsec. (a)(18). Pub. L. 104-88 added par. (18).

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.

STATE-TO-STATE NOTIFICATION OF VIOLATIONS DATA

Pub. L. 106-159, title II, Sec. 221, Dec. 9, 1999, 113 Stat.

1769, provided that:

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

shall develop a uniform system to support the electronic

transmission of data State-to-State on convictions for all motor

vehicle traffic control law violations by individuals possessing a

commercial drivers' licenses as required by paragraphs (9) and (19)

of section 31311(a) of title 49, United States Code.

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

the enactment of this Act [Dec. 9, 1999], the Secretary shall

transmit to the Committee on Commerce, Science, and Transportation

of the Senate and the Committee on Transportation and

Infrastructure of the House of Representatives a report on the

status of the implementation of this section."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 31107, 31314 of this

title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

49 USC Sec. 31312 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART B - COMMERCIAL

CHAPTER 313 - COMMERCIAL MOTOR VEHICLE OPERATORS

-HEAD-

Sec. 31312. Decertification authority

-STATUTE-

(a) In General. - If the Secretary of Transportation determines

that a State is in substantial noncompliance with this chapter, the

Secretary shall issue an order to -

(1) prohibit that State from carrying out licensing procedures

under this chapter; and

(2) prohibit that State from issuing any commercial driver's

licenses until such time the Secretary determines such State is

in substantial compliance with this chapter.

(b) Effect on Other States. - A State (other than a State subject

to an order under subsection (a)) may issue a non-resident

commercial driver's license to an individual domiciled in a State

that is prohibited from such activities under subsection (a) if

that individual meets all requirements of this chapter and the

nonresident licensing requirements of the issuing State.

(c) Previously Issued Licenses. - Nothing in this section shall

be construed as invalidating or otherwise affecting commercial

driver's licenses issued by a State before the date of issuance of

an order under subsection (a) with respect to the State.

-SOURCE-

(Added Pub. L. 106-159, title II, Sec. 203(a), Dec. 9, 1999, 113

Stat. 1762.)

-MISC1-

PRIOR PROVISIONS

A prior section 31312, Pub. L. 103-272, Sec. 1(e), July 5, 1994,

108 Stat. 1025, related to grants for testing and ensuring the

fitness of operators of commercial motor vehicles, prior to repeal

by Pub. L. 105-178, title IV, Sec. 4011(f), June 9, 1998, 112 Stat.

408.

-End-

-CITE-

49 USC Sec. 31313 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART B - COMMERCIAL

CHAPTER 313 - COMMERCIAL MOTOR VEHICLE OPERATORS

-HEAD-

[Sec. 31313. Repealed. Pub. L. 105-178, title IV, Sec. 4011(f),

June 9, 1998, 112 Stat. 408]

-MISC1-

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

1027, related to grants for issuing commercial drivers' licenses

and complying with State participation requirements.

-End-

-CITE-

49 USC Sec. 31314 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART B - COMMERCIAL

CHAPTER 313 - COMMERCIAL MOTOR VEHICLE OPERATORS

-HEAD-

Sec. 31314. Withholding amounts for State noncompliance

-STATUTE-

(a) First Fiscal Year. - The Secretary of Transportation shall

withhold 5 percent of the amount required to be apportioned to a

State under section 104(b)(1), (3), and (4) of title 23 on the

first day of the fiscal year after the first fiscal year beginning

after September 30, 1992, throughout which the State does not

comply substantially with a requirement of section 31311(a) of this

title.

(b) Second Fiscal Year. - The Secretary shall withhold 10 percent

of the amount required to be apportioned to a State under section

104(b)(1), (3), and (4) of title 23 on the first day of each fiscal

year after the 2d fiscal year beginning after September 30, 1992,

throughout which the State does not comply substantially with a

requirement of section 31311(a) of this title.

(c) Availability for Apportionment. - Amounts withheld under this

section from apportionment to a State after September 30, 1995, are

not available for apportionment to the State.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1028; Pub. L.

105-178, title IV, Sec. 4011(g), (h), June 9, 1998, 112 Stat. 408;

Pub. L. 105-206, title IX, Sec. 9010, July 22, 1998, 112 Stat.

863.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

31314(a) 49 App.:2710(a). Oct. 27, 1986, Pub. L.

99-570, Sec. 12011, 100

Stat. 3207-183.

31314(b) 49 App.:2710(b).

31314(c) 49 App.:2710(c)(1).

31314(d) 49 App.:2710(c)(2),

(3).

31314(e) 49 App.:2710(c)(4).

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

In this section, the word "amounts" is substituted for "funds"

and "sums" for consistency in the revised title.

In subsection (e), the words "by the Secretary" are omitted as

surplus.

AMENDMENTS

1998 - Subsecs. (a), (b). Pub. L. 105-178, Sec. 4011(h)(1), as

added by Pub. L. 105-206, substituted "section 104(b)(1), (3), and

(4) of title 23" for "section 104(b)(1), (3), and (5) of title 23".

Pub. L. 105-178, Sec. 4011(g)(1), substituted "section 104(b)(1),

(3), and (5) of title 23" for "section 104(b)(1), (2), (5), and (6)

of title 23".

Subsec. (c). Pub. L. 105-178, Sec. 4011(g)(2), struck out par.

(2) designation and struck out par. (1) which read as follows:

"Amounts withheld under this section from apportionment to a State

before October 1, 1995, remain available for apportionment to the

State as follows:

"(A) If the amounts would have been apportioned under section

104(b)(5)(B) of title 23 but for this section, the amounts remain

available until the end of the 2d fiscal year following the

fiscal year for which the amounts are authorized to be

appropriated.

"(B) If the amounts would have been apportioned under section

104(b)(1), (2), or (6) of title 23 but for this section, the

amounts remain available until the end of the 3d fiscal year

following the fiscal year for which the amounts are authorized to

be appropriated."

Subsec. (d). Pub. L. 105-178, Sec. 4011(h)(2), as added by Pub.

L. 105-206, struck out heading and text of subsec. (d). Text read

as follows: "If, at the end of the period for which amounts

withheld under this section from apportionment are available for

apportionment to a State under subsection (c)(1) of this section,

the State has not substantially complied with all of the

requirements of section 31311(a) of this title for a 365-day

period, the amounts lapse or, for amounts withheld from

apportionment under section 104(b)(5) of title 23, the amounts

lapse and are available for projects under section 118(b) of title

23."

Pub. L. 105-178, Sec. 4011(g)(3), (4), redesignated subsec. (e)

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

read as follows:

"(1) If, before the last day of the period for which amounts

withheld under this section from apportionment are to remain

available for apportionment to a State under subsection (c)(1) of

this section, the State substantially complies with all of the

requirements of section 31311(a) of this title for a period of 365

days, the Secretary, on the day following the last day of that

period, shall apportion to the State the withheld amounts remaining

available for apportionment to that State.

"(2) Amounts apportioned under paragraph (1) of this subsection

remain available for expenditure until the end of the 3d fiscal

year following the fiscal year in which the amounts are

apportioned. Amounts not obligated at the end of that period lapse

or, for amounts apportioned under section 104(b)(5) of title 23,

lapse and are available for projects under section 118(b) of title

23."

Subsec. (e). Pub. L. 105-178, Sec. 4011(g)(4), redesignated

subsec. (e) as (d).

EFFECTIVE DATE OF 1998 AMENDMENT

Title IX of Pub. L. 105-206 effective simultaneously with

enactment of Pub. L. 105-178 and to be treated as included in Pub.

L. 105-178 at time of enactment, and provisions of Pub. L. 105-178,

as in effect on day before July 22, 1998, that are amended by title

IX of Pub. L. 105-206 to be treated as not enacted, see section

9016 of Pub. L. 105-206, set out as a note under section 101 of

Title 23, Highways.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 31311 of this title.

-End-

-CITE-

49 USC Sec. 31315 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART B - COMMERCIAL

CHAPTER 313 - COMMERCIAL MOTOR VEHICLE OPERATORS

-HEAD-

Sec. 31315. Waivers, exemptions, and pilot programs

-STATUTE-

(a) Waivers. - The Secretary may grant a waiver that relieves a

person from compliance in whole or in part with a regulation issued

under this chapter or section 31136 if the Secretary determines

that it is in the public interest to grant the waiver and that the

waiver is likely to achieve a level of safety that is equivalent

to, or greater than, the level of safety that would be obtained in

the absence of the waiver -

(1) for a period not in excess of 3 months;

(2) limited in scope and circumstances;

(3) for nonemergency and unique events; and

(4) subject to such conditions as the Secretary may impose.

(b) Exemptions. -

(1) In general. - Upon receipt of a request pursuant to

paragraph (3), the Secretary of Transportation may grant to a

person or class of persons an exemption from a regulation

prescribed under this chapter or section 31136 if the Secretary

finds such exemption would likely achieve a level of safety that

is equivalent to, or greater than, the level that would be

achieved absent such exemption. An exemption may be granted for

no longer than 2 years from its approval date and may be renewed

upon application to the Secretary.

(2) Authority to revoke exemption. - The Secretary shall

immediately revoke an exemption if -

(A) the person fails to comply with the terms and conditions

of such exemption;

(B) the exemption has resulted in a lower level of safety

than was maintained before the exemption was granted; or

(C) continuation of the exemption would not be consistent

with the goals and objectives of this chapter or section 31136,

as the case may be.

(3) Requests for exemption. - Not later than 180 days after the

date of enactment of this section and after notice and an

opportunity for public comment, the Secretary shall specify by

regulation the procedures by which a person may request an

exemption. Such regulations shall, at a minimum, require the

person to provide the following information for each exemption

request:

(A) The provisions from which the person requests exemption.

(B) The time period during which the requested exemption

would apply.

(C) An analysis of the safety impacts the requested exemption

may cause.

(D) The specific countermeasures the person would undertake

to ensure an equivalent or greater level of safety than would

be achieved absent the requested exemption.

(4) Notice and comment. -

(A) Upon receipt of a request. - Upon receipt of an exemption

request, the Secretary shall publish in the Federal Register a

notice explaining the request that has been filed and shall

give the public an opportunity to inspect the safety analysis

and any other relevant information known to the Secretary and

to comment on the request. This subparagraph does not require

the release of information protected by law from public

disclosure.

(B) Upon granting a request. - Upon granting a request for

exemption, the Secretary shall publish in the Federal Register

the name of the person granted the exemption, the provisions

from which the person will be exempt, the effective period, and

all terms and conditions of the exemption.

(C) After denying a request. - After denying a request for

exemption, the Secretary shall publish in the Federal Register

the name of the person denied the exemption and the reasons for

such denial. The Secretary may meet the requirement of this

subparagraph by periodically publishing in the Federal Register

the names of persons denied exemptions and the reasons for such

denials.

(5) Applications to be dealt with promptly. - The Secretary

shall grant or deny an exemption request after a thorough review

of its safety implications, but in no case later than 180 days

after the filing date of such request.

(6) Terms and conditions. - The Secretary shall establish terms

and conditions for each exemption to ensure that it will likely

achieve a level of safety that is equivalent to, or greater than,

the level that would be achieved absent such exemption. The

Secretary shall monitor the implementation of the exemption to

ensure compliance with its terms and conditions.

(7) Notification of state compliance and enforcement personnel.

- Before granting a request for exemption, the Secretary shall

notify State safety compliance and enforcement personnel,

including roadside inspectors, and the public that a person will

be operating pursuant to an exemption and any terms and

conditions that will apply to the exemption.

(c) Pilot Programs. -

(1) In general. - The Secretary may conduct pilot programs to

evaluate alternatives to regulations relating to, or innovative

approaches to, motor carrier, commercial motor vehicle, and

driver safety. Such pilot programs may include exemptions from a

regulation prescribed under this chapter or section 31136 if the

pilot program contains, at a minimum, the elements described in

paragraph (2). The Secretary shall publish in the Federal

Register a detailed description of each pilot program, including

the exemptions to be considered, and provide notice and an

opportunity for public comment before the effective date of the

program.

(2) Program elements. - In proposing a pilot program and before

granting exemptions for purposes of a pilot program, the

Secretary shall require, as a condition of approval of the

project, that the safety measures in the project are designed to

achieve a level of safety that is equivalent to, or greater than,

the level of safety that would otherwise be achieved through

compliance with the regulations prescribed under this chapter or

section 31136. The Secretary shall include, at a minimum, the

following elements in each pilot program plan:

(A) A scheduled life of each pilot program of not more than 3

years.

(B) A specific data collection and safety analysis plan that

identifies a method for comparison.

(C) A reasonable number of participants necessary to yield

statistically valid findings.

(D) An oversight plan to ensure that participants comply with

the terms and conditions of participation.

(E) Adequate countermeasures to protect the health and safety

of study participants and the general public.

(F) A plan to inform State partners and the public about the

pilot program and to identify approved participants to safety

compliance and enforcement personnel and to the public.

(3) Authority to revoke participation. - The Secretary shall

immediately revoke participation in a pilot program of a motor

carrier, commercial motor vehicle, or driver for failure to

comply with the terms and conditions of the pilot program or if

continued participation would not be consistent with the goals

and objectives of this chapter or section 31136, as the case may

be.

(4) Authority to terminate program. - The Secretary shall

immediately terminate a pilot program if its continuation would

not be consistent with the goals and objectives of this chapter

or section 31136, as the case may be.

(5) Report to congress. - At the conclusion of each pilot

program, the Secretary shall report to Congress the findings,

conclusions, and recommendations of the program, including

suggested amendments to laws and regulations that would enhance

motor carrier, commercial motor vehicle, and driver safety and

improve compliance with national safety standards.

(d) Preemption of State Rules. - During the time period that a

waiver, exemption, or pilot program is in effect under this chapter

or section 31136, no State shall enforce any law or regulation that

conflicts with or is inconsistent with the waiver, exemption, or

pilot program with respect to a person operating under the waiver

or exemption or participating in the pilot program.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1029; Pub. L.

105-178, title IV, Sec. 4007(a), June 9, 1998, 112 Stat. 401.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

31315 49 App.:2711. Oct. 27, 1986, Pub. L.

99-570, Sec. 12013, 100

Stat. 3207-186.

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

The words "Notwithstanding any other provision of this chapter"

are omitted as surplus.

-REFTEXT-

REFERENCES IN TEXT

The date of enactment of this section, referred to in subsec.

(b)(3), probably means the date of enactment of Pub. L. 105-178,

which amended this section generally and was approved June 9, 1998.

-MISC2-

AMENDMENTS

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

generally. Prior to amendment, text read as follows: "After notice

and an opportunity for comment, the Secretary of Transportation may

waive any part of this chapter or a regulation prescribed under

this chapter as it applies to a class of individuals or commercial

motor vehicles if the Secretary decides the waiver is not contrary

to the public interest and does not diminish the safe operation of

commercial motor vehicles. A waiver under this section shall be

published in the Federal Register with reasons for the waiver."

PROTECTION OF EXISTING EXEMPTIONS

For provisions making amendment by section 4007 of Pub. L.

105-178 inapplicable to or otherwise not affecting waiver,

exemption, or pilot program in effect the day before June 9, 1998,

under this chapter or section 31136(e) of this title, see section

4007(d) of Pub. L. 105-178, set out as a note under section 31136

of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 31136 of this title.

-End-

-CITE-

49 USC Sec. 31316 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART B - COMMERCIAL

CHAPTER 313 - COMMERCIAL MOTOR VEHICLE OPERATORS

-HEAD-

Sec. 31316. Limitation on statutory construction

-STATUTE-

This chapter does not affect the authority of the Secretary of

Transportation to regulate commercial motor vehicle safety

involving motor vehicles with a gross vehicle weight rating of less

than 26,001 pounds or a lesser gross vehicle weight rating the

Secretary decides is appropriate under section 31301(4)(A) of this

title.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1029.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

31316 49 App.:2714. Oct. 27, 1986, Pub. L.

99-570, Sec. 12017, 100

Stat. 3207-187.

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

The words "This chapter does not affect" are substituted for

"Nothing in this chapter shall be construed to diminish, limit, or

otherwise affect" to eliminate unnecessary words.

-End-

-CITE-

49 USC Sec. 31317 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART B - COMMERCIAL

CHAPTER 313 - COMMERCIAL MOTOR VEHICLE OPERATORS

-HEAD-

Sec. 31317. Procedure for prescribing regulations

-STATUTE-

Regulations prescribed by the Secretary of Transportation to

carry out this chapter (except section 31307) shall be prescribed

under section 553 of title 5 without regard to sections 556 and 557

of title 5.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1029.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

31317 49 App.:2715. Oct. 27, 1986, Pub. L.

99-570, Sec. 12018, 100

Stat. 3207-187.

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

The text of 49 App.:2715(a) is omitted as surplus because of

49:322(a). The words "(except section 31307)" are added because the

source provisions restated in this section do not apply to the

source provisions restated in section 31307 of the revised title.

-End-