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-CITE-
49 USC CHAPTER 311 - COMMERCIAL MOTOR VEHICLE SAFETY 01/03/2007

-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS
PART B - COMMERCIAL
CHAPTER 311 - COMMERCIAL MOTOR VEHICLE SAFETY

-HEAD-
CHAPTER 311 - COMMERCIAL MOTOR VEHICLE SAFETY


-MISC1-
SUBCHAPTER I - GENERAL AUTHORITY AND STATE GRANTS
Sec.
31100. Purpose.
31101. Definitions.
31102. Grants to States.
31103. United States Government's share of costs.
31104. Availability of amounts.
31105. Employee protections.
31106. Information systems.
31107. Border enforcement grants.
31108. Motor carrier research and technology program.
31109. Performance and registration information system
management.

SUBCHAPTER II - LENGTH AND WIDTH LIMITATIONS
31111. Length limitations.
31112. Property-carrying unit limitation.
31113. Width limitations.
31114. Access to the Interstate System.
31115. Enforcement.

SUBCHAPTER III - SAFETY REGULATION
31131. Purposes and findings.
31132. Definitions.
31133. General powers of the Secretary of Transportation.
[31134. Repealed.]
31135. Duties of employers and employees.
31136. United States Government regulations.
31137. Monitoring device and brake maintenance regulations.
31138. Minimum financial responsibility for transporting
passengers.
31139. Minimum financial responsibility for transporting
property.
[31140. Repealed.]
31141. Review and preemption of State laws and regulations.
31142. Inspection of vehicles.
31143. Investigating complaints and protecting complainants.
31144. Safety fitness of owners and operators.
31145. Coordination of Governmental activities and paperwork.
31146. Relationship to other laws.
31147. Limitations on authority.
31148. Certified motor carrier safety auditors.
31149. Medical program.
31150. Safety performance history screening.
31151. Roadability.

SUBCHAPTER IV - MISCELLANEOUS
31161. International cooperation.

AMENDMENTS
2005 - Pub. L. 109-59, title IV, Secs. 4109(b)(2), 4110(b),
4111(b), 4116(e), 4117(b), 4118(b), 4119(b), Aug. 10, 2005, 119
Stat. 1721, 1722, 1724, 1728, 1729, 1732, 1733, substituted
"GENERAL AUTHORITY AND STATE GRANTS" for "STATE GRANTS AND OTHER
COMMERCIAL MOTOR VEHICLE PROGRAMS" in subchapter I heading, "Border
enforcement grants" for "Contract authority funding for information
systems" in item 31107, and "Motor carrier research and technology
program" for "Authorization of appropriations" in item 31108 and
added items 31109 and 31149 to 31151, subchapter IV heading, and
item 31161.
1999 - Pub. L. 106-159, title II, Sec. 211(b), Dec. 9, 1999, 113
Stat. 1766, added item 31148.
1998 - Pub. L. 105-178, title IV, Secs. 4002(b), 4004(d),
4008(c), (d), 4010, June 9, 1998, 112 Stat. 395, 400, 404, 407,
inserted "AND OTHER COMMERCIAL MOTOR VEHICLE PROGRAMS" after
"GRANTS" in subchapter I heading, added item 31100, substituted
"Information systems" for "Commercial motor vehicle information
system program" in item 31106 and "Contract authority funding for
information systems" for "Truck and bus accident grant program" in
item 31107, struck out items 31134 "Commercial Motor Vehicle Safety
Regulatory Review Panel" and 31140 "Submission of State laws and
regulations for review", subchapter IV heading "MISCELLANEOUS", and
items 31161 "Procedures to ensure timely correction of safety
violations" and 31162 "Compliance review priority".

-End-


-CITE-
49 USC SUBCHAPTER I - GENERAL AUTHORITY AND STATE GRANTS 01/03/2007

-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS
PART B - COMMERCIAL
CHAPTER 311 - COMMERCIAL MOTOR VEHICLE SAFETY
SUBCHAPTER I - GENERAL AUTHORITY AND STATE GRANTS

-HEAD-
SUBCHAPTER I - GENERAL AUTHORITY AND STATE GRANTS


-MISC1-
AMENDMENTS
2005 - Pub. L. 109-59, title IV, Sec. 4110(a)(1), Aug. 10, 2005,
119 Stat. 1721, substituted "GENERAL AUTHORITY AND STATE GRANTS"
for "STATE GRANTS AND OTHER COMMERCIAL MOTOR VEHICLE PROGRAMS" in
subchapter heading.
1998 - Pub. L. 105-178, title IV, Sec. 4004(c), June 9, 1998, 112
Stat. 400, inserted "AND OTHER COMMERCIAL MOTOR VEHICLE PROGRAMS"
after "GRANTS" in subchapter heading.

-End-



-CITE-
49 USC Sec. 31100 01/03/2007

-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS
PART B - COMMERCIAL
CHAPTER 311 - COMMERCIAL MOTOR VEHICLE SAFETY
SUBCHAPTER I - GENERAL AUTHORITY AND STATE GRANTS

-HEAD-
Sec. 31100. Purpose

-STATUTE-
The purpose of this subchapter is to ensure that the Secretary,
States, and other political jurisdictions work in partnership to
establish programs to improve motor carrier, commercial motor
vehicle, and driver safety to support a safe and efficient
transportation system by -
(1) focusing resources on strategic safety investments to
promote safe for-hire and private transportation, including
transportation of passengers and hazardous materials, to identify
high-risk carriers and drivers, and to invest in activities
likely to generate maximum reductions in the number and severity
of commercial motor vehicle crashes;
(2) increasing administrative flexibility and developing and
enforcing effective, compatible, and cost-beneficial motor
carrier, commercial motor vehicle, and driver safety regulations
and practices, including improving enforcement of State and local
traffic safety laws and regulations;
(3) assessing and improving statewide program performance by
setting program outcome goals, improving problem identification
and countermeasures planning, designing appropriate performance
standards, measures, and benchmarks, improving performance
information and analysis systems, and monitoring program
effectiveness;
(4) ensuring that drivers of commercial motor vehicles and
enforcement personnel obtain adequate training in safe
operational practices and regulatory requirements; and
(5) advancing promising technologies and encouraging adoption
of safe operational practices.

-SOURCE-
(Added Pub. L. 105-178, title IV, Sec. 4002(a), June 9, 1998, 112
Stat. 395.)


-MISC1-
TRUCKING SECURITY
Pub. L. 109-347, title VII, Sec. 703, Oct. 13, 2006, 120 Stat.
1944, provided that:
"(a) Legal Status Verification for Licensed United States
Commercial Drivers. - Not later than 18 months after the date of
the enactment of this Act [Oct. 13, 2006], the Secretary of
Transportation, in cooperation with the Secretary [of Homeland
Security], shall issue regulations to implement the recommendations
contained in the memorandum of the Inspector General of the
Department of Transportation issued on June 4, 2004 (Control No.
2004-054).
"(b) Commercial Driver's License Antifraud Programs. - Not later
than 18 months after the date of the enactment of this Act [Oct.
13, 2006], the Secretary of Transportation, in cooperation with the
Secretary [of Homeland Security], shall issue a regulation to
implement the recommendations contained in the Report on Federal
Motor Carrier Safety Administration Oversight of the Commercial
Driver's License Program (MH-2006-037).
"(c) Verification of Commercial Motor Vehicle Traffic. -
"(1) Guidelines. - Not later than 18 months after the date of
the enactment of this Act [Oct. 13, 2006], the Secretary [of
Homeland Security], in consultation with the Secretary of
Transportation, shall draft guidelines for Federal, State, and
local law enforcement officials, including motor carrier safety
enforcement personnel, on how to identify noncompliance with
Federal laws uniquely applicable to commercial motor vehicles and
commercial motor vehicle operators engaged in cross-border
traffic and communicate such noncompliance to the appropriate
Federal authorities. Such guidelines shall be coordinated with
the training and outreach activities of the Federal Motor Carrier
Safety Administration under section 4139 of SAFETEA-LU (Public
Law 109-59) [set out below].
"(2) Verification. - Not later than 18 months after the date of
the enactment of this Act [Oct. 13, 2006], the Administrator of
the Federal Motor Carrier Safety Administration shall modify the
final rule regarding the enforcement of operating authority
(Docket No. FMCSA-2002-13015) to establish a system or process by
which a carrier's operating authority can be verified during a
roadside inspection."

OUTREACH AND EDUCATION
Pub. L. 109-59, title IV, Sec. 4127, Aug. 10, 2005, 119 Stat.
1741, provided that:
"(a) In General. - The Secretary [of Transportation] shall
conduct, through any combination of grants, contracts, or
cooperative agreements, an outreach and education program to be
administered by the Federal Motor Carrier Safety Administration and
the National Highway Traffic Safety Administration.
"(b) Program Elements. - The program shall include, at a minimum,
the following:
"(1) A program to promote a more comprehensive and national
effort to educate commercial motor vehicle drivers and passenger
vehicle drivers about how commercial motor vehicle drivers and
passenger vehicle drivers can more safely share the road with
each other.
"(2) A program to promote enhanced traffic enforcement efforts
aimed at reducing the incidence of the most common unsafe driving
behaviors that cause or contribute to crashes involving
commercial motor vehicles and passenger vehicles.
"(3) A program to establish a public-private partnership to
provide resources and expertise for the development and
dissemination of information relating to sharing the road
referred to in paragraphs (1) and (2) to each partner's
constituents and to the general public through the use of
brochures, videos, paid and public advertisements, the Internet,
and other media.
"(c) Federal Share. - The Federal share of a program or activity
for which a grant is made under this section shall be 100 percent
of the cost of such program or activity.
"(d) Annual Report. - The Secretary shall prepare and transmit to
Congress an annual report on the programs and activities carried
out under this section. The final annual report shall be submitted
not later than September 30, 2009.
"(e) Funding. - From amounts made available under section
31104(i) of title 49, United States Code, the Secretary shall make
available $1,000,000 to the Federal Motor Carrier Safety
Administration, and $3,000,000 to the National Highway Traffic
Safety Administration, for each of fiscal years 2006, 2007, 2008,
and 2009 to carry out this section (other than subsection (f)).
"(f) Study. - The Comptroller General shall update the Government
Accountability Office's evaluation of the 'Share the Road Safely'
program to determine if it has achieved reductions in the number
and severity of commercial motor vehicle crashes, including
reductions in the number of deaths and the severity of injuries
sustained in these crashes and shall report its updated evaluation
to Congress no later than June 30, 2006."

SAFETY DATA IMPROVEMENT PROGRAM
Pub. L. 109-59, title IV, Sec. 4128, Aug. 10, 2005, 119 Stat.
1742, provided that:
"(a) In General. - The Secretary [of Transportion] shall make
grants to States for projects and activities to improve the
accuracy, timeliness, and completeness of commercial motor vehicle
safety data reported to the Secretary.
"(b) Eligibility. - A State shall be eligible for a grant under
this section in a fiscal year if the Secretary determines that the
State has -
"(1) conducted a comprehensive audit of its commercial motor
vehicle safety data system within the preceding 2 years;
"(2) developed a plan that identifies and prioritizes its
commercial motor vehicle safety data needs and goals; and
"(3) identified performance-based measures to determine
progress toward those goals.
"(c) Federal Share. - The Federal share of a grant under this
section shall be 80 percent of the cost of the activities for which
the grant is made.
"(d) Biennial Report. - Not later than 2 years after the date of
enactment of this Act [Aug. 10, 2005], and biennially thereafter,
the Secretary shall transmit to Congress a report on the activities
and results of the program carried out under this section, together
with any recommendations the Secretary determines appropriate."

OPERATING AUTHORITY ENFORCEMENT ASSISTANCE FOR STATES
Pub. L. 109-59, title IV, Sec. 4139(a), Aug. 10, 2005, 119 Stat.
1745, provided that:
"(1) Training and outreach. - Not later than 180 days after the
date of enactment of this Act [Aug. 10, 2005], the Administrator of
the Federal Motor Carrier Safety Administration shall conduct
outreach and provide training as necessary to State personnel
engaged in the enforcement of Federal motor carrier safety
regulations to ensure their awareness of the process to be used for
verification of the operating authority of motor carriers,
including motor carriers of passengers, and to ensure proper
enforcement when motor carriers are found to be in violation of
operating authority requirements.
"(2) Assessment. - The Inspector General of the Department of
Transportation may periodically assess the implementation and
effectiveness of the training and outreach program."

MOTOR CARRIER SAFETY ADVISORY COMMITTEE
Pub. L. 109-59, title IV, Sec. 4144, Aug. 10, 2005, 119 Stat.
1748, provided that:
"(a) Establishment and Duties. - The Secretary [of
Transportation] shall establish in the Federal Motor Carrier Safety
Administration a motor carrier safety advisory committee. The
committee shall -
"(1) provide advice and recommendations to the Administrator of
the Federal Motor Carrier Safety Administration about needs,
objectives, plans, approaches, content, and accomplishments of
the motor carrier safety programs carried out by the
Administration; and
"(2) provide advice and recommendations to the Administrator on
motor carrier safety regulations.
"(b) Members, Chairman, Pay, and Expenses. -
"(1) In general. - The committee shall be composed of not more
than 20 members appointed by the Administrator from among
individuals who are not employees of the Administration and who
are specially qualified to serve on the committee because of
their education, training, or experience. The members shall
include representatives of the motor carrier industry, safety
advocates, and safety enforcement officials. Representatives of a
single enumerated interest group may not constitute a majority of
the members of the advisory committee.
"(2) Chairman. - The Administrator shall designate the chairman
of the committee.
"(3) Pay. - A member of the committee shall serve without pay;
except that the Administrator may allow a member, when attending
meetings of the committee or a subcommittee of the committee,
expenses authorized under section 5703 of title 5, relating to
per diem, travel, and transportation expenses.
"(c) Support Staff, Information, and Services. - The
Administrator shall provide support staff for the committee. On
request of the committee, the Administrator shall provide
information, administrative services, and supplies that the
Administrator considers necessary for the committee to carry out
its duties and powers.
"(d) Termination Date. - Notwithstanding the Federal Advisory
Committee Act (5 U.S.C. App.), the advisory committee shall
terminate on September 30, 2010."

MOTOR CARRIER SAFETY STRATEGY
Pub. L. 106-159, title I, Sec. 104, Dec. 9, 1999, 113 Stat. 1754,
provided that:
"(a) Safety Goals. - In conjunction with existing federally
required strategic planning efforts, the Secretary shall develop a
long-term strategy for improving commercial motor vehicle,
operator, and carrier safety. The strategy shall include an annual
plan and schedule for achieving, at a minimum, the following goals:
"(1) Reducing the number and rates of crashes, injuries, and
fatalities involving commercial motor vehicles.
"(2) Improving the consistency and effectiveness of commercial
motor vehicle, operator, and carrier enforcement and compliance
programs.
"(3) Identifying and targeting enforcement efforts at high-risk
commercial motor vehicles, operators, and carriers.
"(4) Improving research efforts to enhance and promote
commercial motor vehicle, operator, and carrier safety and
performance.
"(b) Contents of Strategy. -
"(1) Measurable goals. - The strategy and annual plans under
subsection (a) shall include, at a minimum, specific numeric or
measurable goals designed to achieve the strategic goals of
subsection (a). The purposes of the numeric or measurable goals
are as follows:
"(A) To increase the number of inspections and compliance
reviews to ensure that all high-risk commercial motor vehicles,
operators, and carriers are examined.
"(B) To eliminate, with meaningful safety measures, the
backlog of rulemakings.
"(C) To improve the quality and effectiveness of data bases
by ensuring that all States and inspectors accurately and
promptly report complete safety information.
"(D) To eliminate, with meaningful civil and criminal
penalties for violations, the backlog of enforcement cases.
"(E) To provide for a sufficient number of Federal and State
safety inspectors, and provide adequate facilities and
equipment, at international border areas.
"(2) Resource needs. - In addition, the strategy and annual
plans shall include estimates of the funds and staff resources
needed to accomplish each activity. Such estimates shall also
include the staff skills and training needed for timely and
effective accomplishment of each goal.
"(3) Savings clause. - In developing and assessing progress
toward meeting the measurable goals set forth in this subsection,
the Secretary and the Federal Motor Carrier Safety Administrator
shall not take any action that would impinge on the due process
rights of motor carriers and drivers.
"(c) Submission With the President's Budget. - Beginning with
fiscal year 2001 and each fiscal year thereafter, the Secretary
shall submit to Congress the strategy and annual plan at the same
time as the President's budget submission.
"(d) Annual Performance. -
"(1) Annual performance agreement. - For each of fiscal years
2001 through 2003, the following officials shall enter into
annual performance agreements:
"(A) The Secretary and the Federal Motor Carrier Safety
Administrator.
"(B) The Administrator and the Deputy Federal Motor Carrier
Safety Administrator.
"(C) The Administrator and the Chief Safety Officer of the
Federal Motor Carrier Safety Administration.
"(D) The Administrator and the regulatory ombudsman of the
Administration designated by the Administrator under subsection
(f).
"(2) Goals. - Each annual performance agreement entered into
under paragraph (1) shall include the appropriate numeric or
measurable goals of subsection (b).
"(3) Progress assessment. - Consistent with the current
performance appraisal system of the Department of Transportation,
the Secretary shall assess the progress of each official (other
than the Secretary) referred to in paragraph (1) toward achieving
the goals in his or her performance agreement. The Secretary
shall convey the assessment to such official, including
identification of any deficiencies that should be remediated
before the next progress assessment.
"(4) Administration. - In deciding whether or not to award a
bonus or other achievement award to an official of the
Administration who is a party to a performance agreement required
by this subsection, the Secretary shall give substantial weight
to whether the official has made satisfactory progress toward
meeting the goals of his or her performance agreement.
"(e) Achievement of Goals. -
"(1) Progress assessment. - No less frequently than
semiannually, the Secretary and the Administrator shall assess
the progress of the Administration toward achieving the strategic
goals of subsection (a). The Secretary and the Administrator
shall convey their assessment to the employees of the
Administration and shall identify any deficiencies that should be
remediated before the next progress assessment.
"(2) Report to congress. - The Secretary shall report annually
to Congress the contents of each performance agreement entered
into under subsection (d) and the official's performance relative
to the goals of the performance agreement. In addition, the
Secretary shall report to Congress on the performance of the
Administration relative to the goals of the motor carrier safety
strategy and annual plan under subsection (a).
"(f) Expediting Regulatory Proceedings. - The Administrator shall
designate a regulatory ombudsman to expedite rulemaking
proceedings. The Secretary and the Administrator shall each
delegate to the ombudsman such authority as may be necessary for
the ombudsman to expedite rulemaking proceedings of the
Administration to comply with statutory and internal departmental
deadlines, including authority to -
"(1) make decisions to resolve disagreements between officials
in the Administration who are participating in a rulemaking
process; and
"(2) ensure that sufficient staff are assigned to rulemaking
projects to meet all deadlines."

COMMERCIAL MOTOR VEHICLE SAFETY ADVISORY COMMITTEE
Pub. L. 106-159, title I, Sec. 105, Dec. 9, 1999, 113 Stat. 1756,
provided that:
"(a) Establishment. - The Secretary may establish a commercial
motor vehicle safety advisory committee to provide advice and
recommendations on a range of motor carrier safety issues.
"(b) Composition. - The members of the advisory committee shall
be appointed by the Secretary and shall include representatives of
the motor carrier industry, drivers, safety advocates,
manufacturers, safety enforcement officials, law enforcement
agencies of border States, and other individuals affected by
rulemakings under consideration by the Department of
Transportation. Representatives of a single interest group may not
constitute a majority of the members of the advisory committee.
"(c) Function. - The advisory committee shall provide advice to
the Secretary on commercial motor vehicle safety regulations and
other matters relating to activities and functions of the Federal
Motor Carrier Safety Administration.
"(d) Termination Date. - The advisory committee shall remain in
effect until September 30, 2003."

STUDY OF COMMERCIAL MOTOR VEHICLE CRASH CAUSATION
Pub. L. 106-159, title II, Sec. 224, Dec. 9, 1999, 113 Stat.
1770, provided that:
"(a) Objectives. - The Secretary shall conduct a comprehensive
study to determine the causes of, and contributing factors to,
crashes that involve commercial motor vehicles. The study shall
also identify data requirements and collection procedures, reports,
and other measures that will improve the Department of
Transportation's and States' ability to -
"(1) evaluate future crashes involving commercial motor
vehicles;
"(2) monitor crash trends and identify causes and contributing
factors; and
"(3) develop effective safety improvement policies and
programs.
"(b) Design. - The study shall be designed to yield information
that will help the Department and the States identify activities
and other measures likely to lead to significant reductions in the
frequency, severity, and rate per mile traveled of crashes
involving commercial motor vehicles, including vehicles described
in section 31132(1)(B) of title 49, United States Code. As
practicable, the study shall rank such activities and measures by
the reductions each would likely achieve, if implemented.
"(c) Consultation. - In designing and conducting the study, the
Secretary shall consult with persons with expertise on -
"(1) crash causation and prevention;
"(2) commercial motor vehicles, drivers, and carriers,
including passenger carriers;
"(3) highways and noncommercial motor vehicles and drivers;
"(4) Federal and State highway and motor carrier safety
programs;
"(5) research methods and statistical analysis; and
"(6) other relevant topics.
"(d) Public Comment. - The Secretary shall make available for
public comment information about the objectives, methodology,
implementation, findings, and other aspects of the study.
"(e) Reports. -
"(1) In general. - The Secretary shall promptly transmit to
Congress the results of the study, together with any legislative
recommendations.
"(2) Review and update. - The Secretary shall review the study
at least once every 5 years and update the study and report as
necessary.
"(f) Funding. - Of the amounts made available for each of fiscal
years 2001, 2002, and 2003 under section 4003(i) of the
Transportation Equity Act for the 21st Century [Pub. L. 105-178, 49
U.S.C. 31104 note] (112 Stat. 395-398), as added by section
103(b)(1) of this Act, $5,000,000 per fiscal year shall be
available only to carry out this section."

DATA COLLECTION AND ANALYSIS
Pub. L. 106-159, title II, Sec. 225, Dec. 9, 1999, 113 Stat.
1771, provided that:
"(a) In General. - In cooperation with the States, the Secretary
shall carry out a program to improve the collection and analysis of
data on crashes, including crash causation, involving commercial
motor vehicles.
"(b) Program Administration. - The Secretary shall administer the
program through the National Highway Traffic Safety Administration
in cooperation with the Federal Motor Carrier Safety
Administration. The National Highway Traffic Safety Administration
shall -
"(1) enter into agreements with the States to collect data and
report the data by electronic means to a central data repository;
and
"(2) train State employees and motor carrier safety enforcement
officials to assure the quality and uniformity of the data.
"(c) Use of Data. - The National Highway Traffic Safety
Administration shall -
"(1) integrate the data, including driver citation and
conviction information; and
"(2) make the data base available electronically to the Federal
Motor Carrier Safety Administration, the States, motor carriers,
and other interested parties for problem identification, program
evaluation, planning, and other safety-related activities.
"(d) Report. - Not later than 3 years after the date on which the
improved data program begins, the Secretary shall transmit a report
to Congress on the program, together with any recommendations the
Secretary finds appropriate.
"(e) Funding. - Of the amounts deducted under section
104(a)(1)(B) of title 23, United States Code, for each of fiscal
years 2001, 2002, and 2003 $5,000,000 per fiscal year shall be
available only to carry out this section.
"(f) Additional Funding for Information Systems. -
"(1) In general. - Of the amounts made available for each of
fiscal years 2001, 2002, and 2003 under section 4003(i) of the
Transportation Equity Act for the 21st Century [Pub. L. 105-178,
49 U.S.C. 31104 note] (112 Stat. 395-398), as added by section
103(b)(1) of this Act, $5,000,000 per fiscal year shall be
available only to carry out section 31106 of title 49, United
States Code.
"(2) Amounts as additional. - The amounts made available by
paragraph (1) shall be in addition to amounts made available
under section 31107 of title 49, United States Code."

-End-



-CITE-
49 USC Sec. 31101 01/03/2007

-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS
PART B - COMMERCIAL
CHAPTER 311 - COMMERCIAL MOTOR VEHICLE SAFETY
SUBCHAPTER I - GENERAL AUTHORITY AND STATE GRANTS

-HEAD-
Sec. 31101. Definitions

-STATUTE-
In this subchapter -
(1) "commercial motor vehicle" means (except in section 31106)
a self-propelled or towed vehicle used on the highways in
commerce principally to transport passengers or cargo, if the
vehicle -
(A) has a gross vehicle weight rating or gross vehicle weight
of at least 10,001 pounds, whichever is greater;
(B) is designed to transport more than 10 passengers
including the driver; or
(C) is used in transporting material found by the Secretary
of Transportation to be hazardous under section 5103 of this
title and transported in a quantity requiring placarding under
regulations prescribed by the Secretary under section 5103.

(2) "employee" means a driver of a commercial motor vehicle
(including an independent contractor when personally operating a
commercial motor vehicle), a mechanic, a freight handler, or an
individual not an employer, who -
(A) directly affects commercial motor vehicle safety in the
course of employment by a commercial motor carrier; and
(B) is not an employee of the United States Government, a
State, or a political subdivision of a State acting in the
course of employment.

(3) "employer" -
(A) means a person engaged in a business affecting commerce
that owns or leases a commercial motor vehicle in connection
with that business, or assigns an employee to operate the
vehicle in commerce; but
(B) does not include the Government, a State, or a political
subdivision of a State.

(4) "State" means a State of the United States, the District of
Columbia, Puerto Rico, the Virgin Islands, American Samoa, Guam,
and the Northern Mariana Islands.

-SOURCE-
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 984; Pub. L.
105-178, title IV, Sec. 4003(a), June 9, 1998, 112 Stat. 395.)

-MISC1-



HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at Large)
Section
--------------------------------------------------------------------
31101 49 App.:2301(1), Jan. 6, 1983, Pub. L.
(3)-(6). 97-424, Sec. 401(1),
(3)-(6), 96 Stat. 2154, 2155.
49 App.:2301(2). Jan. 6, 1983, Pub. L.
97-424, Sec. 401(2), 96
Stat. 2154; Oct. 30, 1984,
Pub. L. 98-554, Sec. 228(a),
(b), 98 Stat. 2852.
--------------------------------------------------------------------

Before clause (1), the words "unless the context otherwise
requires" are omitted as unnecessary. The text of 49 App.:2301(4)
is omitted as unnecessary because of 1:1. The text of 49
App.:2301(5) is omitted as surplus because the complete name of the
Secretary of Transportation is used the first time the term appears
in a section.
In clause (1), before subclause (A), the words "(except in
section 31106)" are added because the source provisions being
restated in section 31106 of the revised title contain a definition
of "commercial motor vehicle".
In clause (4), the words "the Commonwealth of" are omitted for
consistency in the revised title and with other titles of the
United States Code.

AMENDMENTS
1998 - Par. (1)(A). Pub. L. 105-178, Sec. 4003(a)(1), inserted
"or gross vehicle weight" after "rating" and substituted "10,001
pounds, whichever is greater" for "10,000 pounds".
Par. (1)(C). Pub. L. 105-178, Sec. 4003(a)(2), inserted "and
transported in a quantity requiring placarding under regulations
prescribed by the Secretary under section 5103" before period at
end.

SAVINGS CLAUSE
Pub. L. 105-178, title IV, Sec. 4003(h), June 9, 1998, 112 Stat.
398, provided that: "Amendments made by this section [amending this
section and sections 31102 to 31104 of this title] shall not affect
any funds made available before the date of enactment of this Act
[June 9, 1998]."

-End-



-CITE-
49 USC Sec. 31102 01/03/2007

-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS
PART B - COMMERCIAL
CHAPTER 311 - COMMERCIAL MOTOR VEHICLE SAFETY
SUBCHAPTER I - GENERAL AUTHORITY AND STATE GRANTS

-HEAD-
Sec. 31102. Grants to States

-STATUTE-
(a) General Authority. - Subject to this section and the
availability of amounts, the Secretary of Transportation may make
grants to States for the development or implementation of programs
for improving motor carrier safety and the enforcement of
regulations, standards, and orders of the United States Government
on commercial motor vehicle safety, hazardous materials
transportation safety, and compatible State regulations, standards,
and orders.
(b) State Plan Procedures and Contents. - (1) The Secretary shall
prescribe procedures for a State to submit a plan under which the
State agrees to assume responsibility for improving motor carrier
safety and to adopt and enforce regulations, standards, and orders
of the Government on commercial motor vehicle safety, hazardous
materials transportation safety, or compatible State regulations,
standards, and orders. The Secretary shall approve the plan if the
Secretary decides the plan is adequate to promote the objectives of
this section and the plan -
(A) implements performance-based activities, including
deployment of technology to enhance the efficiency and
effectiveness of commercial motor vehicle safety programs;
(B) designates the State motor vehicle safety agency
responsible for administering the plan throughout the State;
(C) contains satisfactory assurances the agency has or will
have the legal authority, resources, and qualified personnel
necessary to enforce the regulations, standards, and orders;
(D) contains satisfactory assurances the State will devote
adequate amounts to the administration of the plan and
enforcement of the regulations, standards, and orders;
(E) provides that the total expenditure of amounts of the State
and its political subdivisions (not including amounts of the
Government) for commercial motor vehicle safety programs for
enforcement of commercial motor vehicle size and weight
limitations, drug interdiction, and State traffic safety laws and
regulations under subsection (c) of this section will be
maintained at a level at least equal to the average level of that
expenditure for the 3 full fiscal years beginning after October 1
of the year 5 years prior to the beginning of each Government
fiscal year.(!1)

(F) provides a right of entry and inspection to carry out the
plan;
(G) provides that all reports required under this section be
submitted to the agency and that the agency will make the reports
available to the Secretary on request;
(H) provides that the agency will adopt the reporting
requirements and use the forms for recordkeeping, inspections,
and investigations the Secretary prescribes;
(I) requires registrants of commercial motor vehicles to make a
declaration of knowledge of applicable safety regulations,
standards, and orders of the Government and the State;
(J) provides that the State will grant maximum reciprocity for
inspections conducted under the North American Inspection
Standard through the use of a nationally accepted system that
allows ready identification of previously inspected commercial
motor vehicles;
(K) ensures that activities described in subsection (c)(1) of
this section, if financed with grants under subsection (a) of
this section, will not diminish the effectiveness of the
development and implementation of commercial motor vehicle safety
programs described in subsection (a);
(L) ensures that the State agency will coordinate the plan,
data collection, and information systems with State highway
safety programs under title 23;
(M) ensures participation in SAFETYNET and other information
systems by all appropriate jurisdictions receiving funding under
this section;
(N) ensures that information is exchanged among the States in a
timely manner;
(O) provides satisfactory assurances that the State will
undertake efforts that will emphasize and improve enforcement of
State and local traffic safety laws and regulations related to
commercial motor vehicle safety;
(P) provides satisfactory assurances that the State will
promote activities in support of national priorities and
performance goals, including -
(i) activities aimed at removing impaired commercial motor
vehicle drivers from the highways of the United States through
adequate enforcement of regulations on the use of alcohol and
controlled substances and by ensuring ready roadside access to
alcohol detection and measuring equipment;
(ii) activities aimed at providing an appropriate level of
training to State motor carrier safety assistance program
officers and employees on recognizing drivers impaired by
alcohol or controlled substances; and
(iii) interdiction activities affecting the transportation of
controlled substances by commercial motor vehicle drivers and
training on appropriate strategies for carrying out those
interdiction activities;

(Q) provides that the State has established a program to ensure
that -
(i) accurate, complete, and timely motor carrier safety data
is collected and reported to the Secretary; and
(ii) the State will participate in a national motor carrier
safety data correction system prescribed by the Secretary;

(R) ensures that the State will cooperate in the enforcement of
registration requirements under section 13902 and financial
responsibility requirements under sections 13906, 31138, and
31139 and regulations issued thereunder;
(S) ensures consistent, effective, and reasonable sanctions;
(T) ensures that roadside inspections will be conducted at a
location that is adequate to protect the safety of drivers and
enforcement personnel;
(U) provides that the State will include in the training manual
for the licensing examination to drive a noncommercial motor
vehicle and a commercial motor vehicle, information on best
practices for driving safely in the vicinity of noncommercial and
commercial motor vehicles;
(V) provides that the State will enforce the registration
requirements of section 13902 by prohibiting the operation of any
vehicle discovered to be operated by a motor carrier without a
registration issued under such section or to operate beyond the
scope of such registration;
(W) provides that the State will conduct comprehensive and
highly visible traffic enforcement and commercial motor vehicle
safety inspection programs in high-risk locations and corridors;
and
(X) except in the case of an imminent or obvious safety hazard,
ensures that an inspection of a vehicle transporting passengers
for a motor carrier of passengers is conducted at a station,
terminal, border crossing, maintenance facility, destination, or
other location where a motor carrier may make a planned stop.

(2) If the Secretary disapproves a plan under this subsection,
the Secretary shall give the State a written explanation and allow
the State to modify and resubmit the plan for approval.
(3) In estimating the average level of State expenditure under
paragraph (1)(E) of this subsection, the Secretary -
(A) may allow the State to exclude State expenditures for
Government-sponsored demonstration or pilot programs; and
(B) shall require the State to exclude Government amounts and
State matching amounts used to receive Government financing under
subsection (a) of this section.

(c) Use of Grants To Enforce Other Laws. - A State may use
amounts received under a grant under subsection (a) -
(1) for the following activities if the activities are carried
out in conjunction with an appropriate inspection of the
commercial motor vehicle to enforce Government or State
commercial motor vehicle safety regulations:
(A) enforcement of commercial motor vehicle size and weight
limitations at locations other than fixed weight facilities, at
specific locations such as steep grades or mountainous terrains
where the weight of a commercial motor vehicle can
significantly affect the safe operation of the vehicle, or at
ports where intermodal shipping containers enter and leave the
United States; and
(B) detection of the unlawful presence of a controlled
substance (as defined under section 102 of the Comprehensive
Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 802))
in a commercial motor vehicle or on the person of any occupant
(including the operator) of the vehicle; and

(2) for documented enforcement of State traffic laws and
regulations designed to promote the safe operation of commercial
motor vehicles, including documented enforcement of such laws and
regulations relating to noncommercial motor vehicles when
necessary to promote the safe operation of commercial motor
vehicles if the number of motor carrier safety activities
(including roadside safety inspections) conducted in the State is
maintained at a level at least equal to the average level of such
activities conducted in the State in fiscal years 2003, 2004, and
2005; except that the State may not use more than 5 percent of
the basic amount the State receives under the grant under
subsection (a) for enforcement activities relating to
noncommercial motor vehicles described in this paragraph unless
the Secretary determines a higher percentage will result in
significant increases in commercial motor vehicle safety.

(d) Continuous Evaluation of Plans. - On the basis of reports
submitted by a State motor vehicle safety agency of a State with a
plan approved under this section and the Secretary's own
investigations, the Secretary shall make a continuing evaluation of
the way the State is carrying out the plan. If the Secretary finds,
after notice and opportunity for comment, the State plan previously
approved is not being followed or has become inadequate to ensure
enforcement of the regulations, standards, or orders, the Secretary
shall withdraw approval of the plan and notify the State. The plan
stops being effective when the notice is received. A State
adversely affected by the withdrawal may seek judicial review under
chapter 7 of title 5. Notwithstanding the withdrawal, the State may
retain jurisdiction in administrative or judicial proceedings begun
before the withdrawal if the issues involved are not related
directly to the reasons for the withdrawal.
(e) Annual Report. - The Secretary shall submit to the Committee
on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science and
Transportation of the Senate an annual report that -
(1) analyzes commercial motor vehicle safety trends among the
States and documents the most effective commercial motor vehicle
safety programs implemented with grants under this section; and
(2) describes the effect of activities carried out with grants
made under this section on commercial motor vehicle safety.

-SOURCE-
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 984; Pub. L.
104-88, title I, Sec. 104(a), Dec. 29, 1995, 109 Stat. 918; Pub. L.
105-178, title IV, Sec. 4003(b), (c), June 9, 1998, 112 Stat. 395,
396; Pub. L. 106-159, title II, Sec. 207, Dec. 9, 1999, 113 Stat.
1764; Pub. L. 109-59, title IV, Secs. 4106, 4307(b), Aug. 10, 2005,
119 Stat. 1717, 1774.)

-MISC1-



HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at Large)
Section
--------------------------------------------------------------------
31102(a) 49 App.:2302(a). Jan. 6, 1983, Pub. L.
97-424, Sec. 402(a), (c), 96
Stat. 2155, 2156.
31102(b) 49 App.:2302(b), Jan. 6, 1983, Pub. L.
(d). 97-424, Sec. 402(b), (d), 96
Stat. 2155, 2156; Dec. 18,
1991, Pub. L. 102-240, Sec.
4002(a), (b), 105 Stat. 2140.
31102(c) 49 App.:2302(e). Jan. 6, 1983, Pub. L.
97-424, 96 Stat. 2097, Sec.
402(e); added Dec. 18, 1991,
Pub. L. 102-240, Sec.
4002(c), 105 Stat. 2142.
31102(d) 49 App.:2302(c).
--------------------------------------------------------------------

In this section, the word "rules" is omitted as being synonymous
with "regulations".
In subsection (a), the words "Subject to this section and the
availability of amounts" are substituted for "Under the terms and
conditions of this section, subject to the availability of funds"
to eliminate unnecessary words.
In subsection (b)(1), before clause (A), the word "prescribe" is
substituted for "formulate" for consistency in the revised title.
Clause (D) is substituted for 49 App.:2302(d) to state the
requirements of a plan in one place and to eliminate unnecessary
words. In clause (K), the words "into law and practice" are omitted
a unnecessary. In clause (O)(i), the words "highways of the United
States" are substituted for "our Nation's highways" for consistency
in the revised title and with other titles of the United States
Code. In subclause (iii), the word "especially" is omitted as
unnecessary.
In subsection (b)(3)(B), the words "Government financing" are
substituted for "Federal funding" for clarity and consistency in
the revised title.
In subsection (c), before clause (1), the words "type of" are
omitted as unnecessary. In clause (1), the word "leave" is
substituted for "exit" for clarity and consistency in the revised
title.
In subsection (d), the words "the regulations, standards, or
orders" are substituted for "Federal rules, regulations, standards,
or orders applicable to commercial motor vehicle safety or
compatible State rules, regulations, standards, or orders" for
consistency and to eliminate unnecessary words. The last sentence
is substituted for 49 App.:2302(c) (last sentence) for clarity.

AMENDMENTS
2005 - Subsec. (b)(1)(A). Pub. L. 109-59, Sec. 4106(a)(1), added
subpar. (A) and struck out former subpar. (A) which read as
follows: "implements performance-based activities by fiscal year
2000;".
Subsec. (b)(1)(E). Pub. L. 109-59, Sec. 4106(a)(2), added subpar.
(E) and struck out former subpar. (E) which read as follows:
"provides that the total expenditure of amounts of the State and
its political subdivisions (not including amounts of the
Government) for commercial motor vehicle safety programs for
enforcement of commercial motor vehicle size and weight
limitations, drug interdiction, and State traffic safety laws and
regulations under subsection (c) of this section will be maintained
at a level at least equal to the average level of that expenditure
for its last 3 full fiscal years before December 18, 1991;".
Subsec. (b)(1)(Q). Pub. L. 109-59, Sec. 4106(a)(3), added subpar.
(Q) and struck out former subpar. (Q) which read as follows:
"provides that the State will establish a program to ensure the
proper and timely correction of commercial motor vehicle safety
violations noted during an inspection carried out with funds
authorized under section 31104;".
Subsec. (b)(1)(R). Pub. L. 109-59, Sec. 4106(a)(4), aligned
margins.
Subsec. (b)(1)(U) to (X). Pub. L. 109-59, Sec. 4106(a)(5)-(7),
added subpars. (U) to (X).
Subsec. (b)(3). Pub. L. 109-59, Sec. 4307(b), substituted
"paragraph (1)(E)" for "paragraph (1)(D)" in introductory
provisions.
Subsec. (c). Pub. L. 109-59, Sec. 4106(b)(1), added subsec. (c)
and struck out heading and text of former subsec. (c). Text read as
follows: "A State may use amounts received under a grant under
subsection (a) of this section for the following activities if the
activities are carried out in conjunction with an appropriate
inspection of the commercial motor vehicle to enforce Government or
State commercial motor vehicle safety regulations:
"(1) enforcement of commercial motor vehicle size and weight
limitations at locations other than fixed weight facilities, at
specific locations such as steep grades or mountainous terrains
where the weight of a commercial motor vehicle can significantly
affect the safe operation of the vehicle, or at ports where
intermodal shipping containers enter and leave the United States.
"(2) detection of the unlawful presence of a controlled
substance (as defined under section 102 of the Comprehensive Drug
Abuse Prevention and Control Act of 1970 (21 U.S.C. 802)) in a
commercial motor vehicle or on the person of any occupant
(including the operator) of the vehicle.
"(3) enforcement of State traffic laws and regulations designed
to promote the safe operation of commercial motor vehicles."
Subsec. (e). Pub. L. 109-59, Sec. 4106(b)(2), added subsec. (e).
1999 - Subsec. (b)(1)(A). Pub. L. 106-159, Sec. 207(1), realigned
subpar. (A) margins.
Subsec. (b)(1)(R). Pub. L. 106-159, Sec. 207(2), added subpar.
(R) and struck out former subpar. (R) which read as follows:
"ensures that the State will cooperate in the enforcement of
registration and financial responsibility requirements under
sections 31138 and 31139, or regulations issued thereunder;".
1998 - Subsec. (a). Pub. L. 105-178, Sec. 4003(b)(1), inserted
"improving motor carrier safety and" after "implementation of
programs for" and ", hazardous materials transportation safety,"
after "commercial motor vehicle safety".
Subsec. (b)(1). Pub. L. 105-178, Sec. 4003(b)(2), in introductory
provisions, substituted "assume responsibility for improving motor
carrier safety and to adopt and enforce" for "adopt and assume
responsibility for enforcing" and inserted ", hazardous materials
transportation safety," after "commercial motor vehicle safety".
Subsec. (b)(1)(A) to (I). Pub. L. 105-178, Sec. 4003(c)(6), (7),
added subpar. (A) and redesignated former subpars. (A) to (H) as
(B) to (I), respectively. Former subpar. (I) redesignated (J).
Subsec. (b)(1)(J). Pub. L. 105-178, Sec. 4003(c)(6), redesignated
subpar. (I) as (J). Former subpar. (J) redesignated (K).
Pub. L. 105-178, Sec. 4003(c)(1), substituted "subsection (c)(1)"
for "subsection (c)".
Subsec. (b)(1)(K) to (M). Pub. L. 105-178, Sec. 4003(c)(6),
redesignated subpars. (J) to (L) as (K) to (M), respectively.
Former subpar. (M) redesignated (N).
Pub. L. 105-178, Sec. 4003(c)(2), added subpars. (K) to (M) and
struck out former subpars. (K) to (M) which read as follows:
"(K) ensures that fines imposed and collected by the State for
violations of commercial motor vehicle safety regulations will be
reasonable and appropriate and that, to the maximum extent
practicable, the State will attempt to implement the recommended
fine schedule published by the Commercial Vehicle Safety Alliance;
"(L) ensures that the State agency will coordinate the plan
prepared under this section with the State highway safety plan
under section 402 of title 23;
"(M) ensures participation by the 48 contiguous States in
SAFETYNET not later than January 1, 1994;".
Subsec. (b)(1)(N). Pub. L. 105-178, Sec. 4003(c)(6), redesignated
subpar. (M) as (N). Former subpar. (N) redesignated (O).
Subsec. (b)(1)(O). Pub. L. 105-178, Sec. 4003(c)(6), redesignated
subpar. (N) as (O). Former subpar. (O) redesignated (P).
Pub. L. 105-178, Sec. 4003(c)(3), inserted "in support of
national priorities and performance goals, including" after
"activities" in introductory provisions, substituted "activities
aimed at removing" for "to remove" in cl. (i), substituted
"activities aimed at providing" for "to provide" and inserted "and"
after semicolon in cl. (ii), added cl. (iii), and struck out former
cls. (iii) and (iv) which read as follows:
"(iii) to promote enforcement of the requirements related to the
licensing of commercial motor vehicle drivers, including checking
the status of commercial drivers' licenses; and
"(iv) to improve enforcement of hazardous material transportation
regulations by encouraging more inspections of shipper facilities
affecting highway transportation and more comprehensive inspection
of the loads of commercial motor vehicles transporting hazardous
material;".
Subsec. (b)(1)(P). Pub. L. 105-178, Sec. 4003(c)(6), redesignated
subpar. (O) as (P). Former subpar. (P) redesignated (Q).
Pub. L. 105-178, Sec. 4003(c)(4), added subpar. (P) and struck
out former subpar. (P) which read as follows: "provides
satisfactory assurances that the State will promote effective -
"(i) interdiction activities affecting the transportation of
controlled substances by commercial motor vehicle drivers and
training on appropriate strategies for carrying out those
interdiction activities; and
"(ii) use of trained and qualified officers and employees of
political subdivisions and local governments, under the
supervision and direction of the State motor vehicle safety
agency, in the enforcement of regulations affecting commercial
motor vehicle safety and hazardous material transportation
safety; and".
Subsec. (b)(1)(Q). Pub. L. 105-178, Sec. 4003(c)(6), redesignated
subpar. (P) as (Q). Former subpar. (Q) redesignated (R).
Pub. L. 105-178, Sec. 4003(c)(5)(A), substituted "sections 31138
and 31139" for "sections 31140 and 31146".
Subsec. (b)(1)(R). Pub. L. 105-178, Sec. 4003(c)(6), redesignated
subpar. (Q) as (R).
Subsec. (b)(1)(S), (T). Pub. L. 105-178, Sec. 4003(c)(5)(B), (8),
added subpars. (S) and (T).
1995 - Subsec. (b)(1)(Q). Pub. L. 104-88 added subpar. (Q).

EFFECTIVE DATE OF 1995 AMENDMENT
Amendment by Pub. L. 104-88 effective Jan. 1, 1996, see section 2
of Pub. L. 104-88, set out as an Effective Date note under section
701 of this title.

RELATIONSHIP TO OTHER LAWS
Except as provided in sections 14504, 14504a, and 14506 of this
title, subtitle C (Secs. 4301-4308) of title IV of Pub. L. 109-59
is not intended to prohibit any State or any political subdivision
of any State from enacting, imposing, or enforcing any law or
regulation with respect to a motor carrier, motor private carrier,
broker, freight forwarder, or leasing company that is not otherwise
prohibited by law, see section 4302 of Pub. L. 109-59, set out as a
note under section 13902 of this title.

MAINTENANCE OF EFFORT
Pub. L. 106-159, title I, Sec. 103(c), Dec. 9, 1999, 113 Stat.
1753, provided that: "The Secretary may not make, from funds made
available by or under this section [amending section 31107 of this
title, enacting provisions set out as notes under this section and
section 31104 of this title, and amending a provision set out as a
note under section 104 of Title 23, Highways] (including any
amendment made by this section), a grant to a State unless the
State first enters into a binding agreement with the Secretary that
provides that the total expenditures of amounts of the State and
its political subdivisions (not including amounts of the United
States) for the development or implementation of programs for
improving motor carrier safety and enforcement of regulations,
standards, and orders of the United States on commercial motor
vehicle safety, hazardous materials transportation safety, and
compatible State regulations, standards, and orders will be
maintained at a level at least equal to the average level of such
expenditures for fiscal years 1997, 1998, and 1999."

STATE COMPLIANCE WITH CDL REQUIREMENTS
Pub. L. 106-159, title I, Sec. 103(e), Dec. 9, 1999, 113 Stat.
1754, provided that:
"(1) Withholding of allocation for noncompliance. - If a State is
not in substantial compliance with each requirement of section
31311 of title 49, United States Code, the Secretary shall withhold
all amounts that would be allocated, but for this paragraph, to the
State from funds made available by or under this section (including
any amendment made by this section).
"(2) Period of availability of withheld funds. - Any funds
withheld under paragraph (1) from any State shall remain available
until June 30 of the fiscal year for which the funds are authorized
to be appropriated.
"(3) Allocation of withheld funds after compliance. - If, before
the last day of the period for which funds are withheld under
paragraph (1) from allocation are to remain available for
allocation to a State under paragraph (2), the Secretary determines
that the State is in substantial compliance with each requirement
of section 31311 of title 49, United States Code, the Secretary
shall allocate to the State the withheld funds.
"(4) Period of availability of subsequently allocated funds. -
Any funds allocated pursuant to paragraph (3) shall remain
available for expenditure until the last day of the first fiscal
year following the fiscal year in which the funds are so allocated.
Sums not expended at the end of such period are released to the
Secretary for reallocation.
"(5) Effect of noncompliance. - If, on June 30 of the fiscal year
in which funds are withheld from allocation under paragraph (1),
the State is not substantially complying with each requirement of
section 31311 of title 49, United States Code, the funds are
released to the Secretary for reallocation."

EFFECTS OF MCSAP GRANT REDUCTIONS
Pub. L. 105-178, title IV, Sec. 4032, June 9, 1998, 112 Stat.
419, provided that:
"(a) Study. - The Secretary [of Transportation] shall conduct a
study on the effects of reductions of grants under section 31102 of
title 49, United States Code, due to nonconformity of State
intrastate motor carrier, commercial motor vehicle, and driver
requirements with Federal interstate requirements. In conducting
the study, the Secretary shall consider, at a minimum -
"(1) national uniformity and the purposes of the motor carrier
safety assistance program;
"(2) State motor carrier, commercial motor vehicle, and driver
safety oversight and enforcement capabilities; and
"(3) the safety impacts, costs, and benefits of full
participation in the program.
"(b) Report. - Not later than 2 years after the date of the
enactment of this Act [June 9, 1998], the Secretary shall submit to
Congress a report on the results of the study.
"(c) Adjustment of State Allocations. - The Secretary is
authorized to adjust State allocations under section 31103 of title
49, United States Code, to reflect the results of the study."

-FOOTNOTE-

(!1) So in original. The period probably should be a semicolon.


-End-



-CITE-
49 USC Sec. 31103 01/03/2007

-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS
PART B - COMMERCIAL
CHAPTER 311 - COMMERCIAL MOTOR VEHICLE SAFETY
SUBCHAPTER I - GENERAL AUTHORITY AND STATE GRANTS

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

-STATUTE-
(a) Commercial Motor Vehicle Safety Programs and Enforcement. -
The Secretary of Transportation shall reimburse a State, from a
grant made under this subchapter, an amount that is not more than
80 percent of the costs incurred by the State in a fiscal year in
developing and implementing programs to improve commercial motor
vehicle safety and enforce commercial motor vehicle regulations,
standards, or orders adopted under this subchapter or subchapter II
of this chapter. In determining those costs, the Secretary shall
include in-kind contributions by the State. Amounts of the State
and its political subdivisions required to be expended under
section 31102(b)(1)(E) of this title may not be included as part of
the share not provided by the United States Government. Amounts
generated under the unified carrier registration agreement under
section 14504a and received by a State and used for motor carrier
safety purposes may be included as part of the State's share not
provided by the United States. The Secretary may allocate among the
States whose applications for grants have been approved those
amounts appropriated for grants to support those programs, under
criteria that may be established.
(b) Other Activities. - The Secretary may reimburse State
agencies, local governments, or other persons up to 100 percent for
public education activities authorized by section 31104(f)(2).

-SOURCE-
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 987; Pub. L.
105-178, title IV, Sec. 4003(d), June 9, 1998, 112 Stat. 397; Pub.
L. 109-59, title IV, Sec. 4307(a), Aug. 10, 2005, 119 Stat. 1774.)

-MISC1-



HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at Large)
Section
--------------------------------------------------------------------
31103 49 App.:2303. Jan. 6, 1983, Pub. L.
97-424, Sec. 403, 96 Stat.
2156; Dec. 18, 1991, Pub. L.
102-240, Sec. 4002(d), 105
Stat. 2142.
--------------------------------------------------------------------

The word "rules" is omitted as being synonymous with
"regulations".

AMENDMENTS
2005 - Subsec. (a). Pub. L. 109-59 substituted "31102(b)(1)(E)"
for "31102(b)(1)(D)" and inserted before last sentence "Amounts
generated under the unified carrier registration agreement under
section 14504a and received by a State and used for motor carrier
safety purposes may be included as part of the State's share not
provided by the United States."
1998 - Pub. L. 105-178 designated existing provisions as subsec.
(a), inserted subsec. heading, inserted "improve commercial motor
vehicle safety and" after "implementing programs to", and added
subsec. (b).

RELATIONSHIP TO OTHER LAWS
Except as provided in sections 14504, 14504a, and 14506 of this
title, subtitle C (Secs. 4301-4308) of title IV of Pub. L. 109-59
is not intended to prohibit any State or any political subdivision
of any State from enacting, imposing, or enforcing any law or
regulation with respect to a motor carrier, motor private carrier,
broker, freight forwarder, or leasing company that is not otherwise
prohibited by law, see section 4302 of Pub. L. 109-59, set out as a
note under section 13902 of this title.

-End-



-CITE-
49 USC Sec. 31104 01/03/2007

-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS
PART B - COMMERCIAL
CHAPTER 311 - COMMERCIAL MOTOR VEHICLE SAFETY
SUBCHAPTER I - GENERAL AUTHORITY AND STATE GRANTS

-HEAD-
Sec. 31104. Availability of amounts

-STATUTE-
(a) In General. - Subject to subsection (f), there are authorized
to be appropriated from the Highway Trust Fund (other than the Mass
Transit Account) to carry out section 31102 -
(1) $188,480,000 for fiscal year 2005;
(2) $188,000,000 for fiscal year 2006;
(3) $197,000,000 for fiscal year 2007;
(4) $202,000,000 for fiscal year 2008; and
(5) $209,000,000 for fiscal year 2009.

(b) Availability and Reallocation of Amounts. - Amounts made
available under subsection (a) of this section remain available
until expended. Allocations to a State remain available for
expenditure in the State for the fiscal year in which they are
allocated and for the next fiscal year. Amounts not expended by a
State during those 2 fiscal years are released to the Secretary for
reallocation.
(c) Reimbursement for Government's Share of Costs. - Amounts made
available under subsection (a) of this section shall be used to
reimburse States proportionately for the United States Government's
share of costs incurred.
(d) Grants as Contractual Obligations. - Approval by the
Secretary of a grant to a State under section 31102 of this title
is a contractual obligation of the Government for payment of the
Government's share of costs incurred by the State in developing,
implementing, or developing and implementing programs to enforce
commercial motor vehicle regulations, standards, and orders.
(e) Deduction for Administrative Expenses. - On October 1 of each
fiscal year or as soon after that date as practicable, the
Secretary may deduct, from amounts made available under subsection
(a) of this section for that fiscal year, not more than 1.25
percent of those amounts for administrative expenses incurred in
carrying out section 31102 of this title in that fiscal year. The
Secretary shall use at least 75 percent of those deducted amounts
to train non-Government employees and to develop related training
materials in carrying out section 31102.
(f) Allocation Criteria and Eligibility. -
(1) In general. - On October 1 of each fiscal year or as soon
after that date as practicable and after making the deduction
under subsection (e), the Secretary shall allocate amounts made
available to carry out section 31102 for such fiscal year among
the States with plans approved under section 31102. Such
allocation shall be made under such criteria as the Secretary
prescribes by regulation.
(2) High-priority and border activities. -
(A) High-priority activities and projects. - The Secretary
may designate up to 5 percent of amounts available for
allocation under paragraph (1) for States, local governments,
and other persons for carrying out high priority activities and
projects that improve commercial motor vehicle safety and
compliance with commercial motor vehicle safety regulations,
including activities and projects that are national in scope,
increase public awareness and education, or demonstrate new
technologies. The amounts designated under this subparagraph
shall be allocated by the Secretary to State agencies, local
governments, and other persons that use and train qualified
officers and employees in coordination with State motor vehicle
safety agencies.
(B) Border commercial motor vehicle safety and enforcement
programs. - The Secretary may designate up to 5 percent of
amounts available for allocation under paragraph (1) for
States, local governments, and other persons for carrying out
border commercial motor vehicle safety programs and enforcement
activities and projects. The amounts designated under this
subparagraph shall be allocated by the Secretary to State
agencies, local governments, and other persons that use and
train qualified officers and employees in coordination with
State motor vehicle safety agencies.

(g) Payment to States for Costs. - Each State shall submit
vouchers for costs the State incurs under this section and section
31102 of this title. The Secretary shall pay the State an amount
not more than the Government share of costs incurred as of the date
of the vouchers.
(h) Intrastate Compatibility. - The Secretary shall prescribe
regulations specifying tolerance guidelines and standards for
ensuring compatibility of intrastate commercial motor vehicle
safety laws and regulations with Government motor carrier safety
regulations to be enforced under section 31102(a) of this title. To
the extent practicable, the guidelines and standards shall allow
for maximum flexibility while ensuring the degree of uniformity
that will not diminish transportation safety. In reviewing State
plans and allocating amounts or making grants under section 153 of
title 23, the Secretary shall ensure that the guidelines and
standards are applied uniformly.
(i) Administrative Expenses. -
(1) Authorization of appropriations. - There are authorized to
be appropriated from the Highway Trust Fund (other than the Mass
Transit Account) for the Secretary of Transportation to pay
administrative expenses of the Federal Motor Carrier Safety
Administration -
(A) $254,849,000 for fiscal year 2005;
(B) $213,000,000 for fiscal year 2006;
(C) $223,000,000 for fiscal year 2007;
(D) $228,000,000 for fiscal year 2008; and
(E) $234,000,000 for fiscal year 2009.

(2) Use of funds. - The funds authorized by this subsection
shall be used for personnel costs; administrative infrastructure;
rent; information technology; programs for research and
technology, information management, regulatory development, the
administration of the performance and registration information
system management, and outreach and education; other operating
expenses; and such other expenses as may from time to time become
necessary to implement statutory mandates of the Administration
not funded from other sources.

(j) Availability of Funds; Contract Authority. -
(1) Period of availability. - The amounts made available under
this section shall remain available until expended.
(2) Initial date of availability. - Authorizations from the
Highway Trust Fund (other than the Mass Transit Account) by this
section shall be available for obligation on the date of their
apportionment or allocation or on October 1 of the fiscal year
for which they are authorized, whichever occurs first.
(3) Contract authority. - Approval by the Secretary of a grant
with funds made available under this section imposes upon the
United States a contractual obligation for payment of the
Government's share of costs incurred in carrying out the
objectives of the grant.

(k) High-Priority Activities. -
(1) Criteria. - The Secretary shall establish safety
performance criteria to be used to distribute high priority
program funds under this subsection.
(2) Set aside. - The Secretary may set aside from amounts made
available by subsection (a) up to $15,000,000 for each of fiscal
years 2006 through 2009 for States, local governments, and
organizations representing government agencies or officials
described in paragraph (3) for carrying out high priority
activities and projects that improve commercial motor vehicle
safety and compliance with commercial motor vehicle safety
regulations (including activities and projects that are national
in scope), increase public awareness and education, demonstrate
new technologies, and reduce the number and rate of accidents
involving commercial motor vehicles.
(3) Description of recipients. - Amounts set aside under this
subsection shall be allocated by the Secretary only to State
agencies, local governments, and organizations representing
government agencies or officials that use and train qualified
officers and employees in coordination with State motor vehicle
safety agencies.
(4) Limitation. - At least 90 percent of the amounts set aside
for a fiscal year under this subsection shall be awarded in
grants to State agencies and local government agencies.

-SOURCE-
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 987; Pub. L.
105-130, Sec. 7, Dec. 1, 1997, 111 Stat. 2559; Pub. L. 105-178,
title IV, Sec. 4003(e)-(g), June 9, 1998, 112 Stat. 397; Pub. L.
108-88, Sec. 7(b), Sept. 30, 2003, 117 Stat. 1120; Pub. L. 108-202,
Sec. 11(b), Feb. 29, 2004, 118 Stat. 490; Pub. L. 108-224, Sec.
9(b), Apr. 30, 2004, 118 Stat. 638; Pub. L. 108-263, Sec. 9(b),
June 30, 2004, 118 Stat. 709; Pub. L. 108-280, Sec. 9(b), July 30,
2004, 118 Stat. 886; Pub. L. 108-310, Sec. 7(b), Sept. 30, 2004,
118 Stat. 1153; Pub. L. 109-14, Sec. 6(b), May 31, 2005, 119 Stat.
330; Pub. L. 109-20, Sec. 6(b), July 1, 2005, 119 Stat. 352; Pub.
L. 109-35, Sec. 6(b), July 20, 2005, 119 Stat. 385; Pub. L. 109-37,
Sec. 6(b), July 22, 2005, 119 Stat. 400; Pub. L. 109-40, Sec. 6(b),
July 28, 2005, 119 Stat. 417; Pub. L. 109-59, title IV, Secs.
4101(a), (b), 4107(a), Aug. 10, 2005, 119 Stat. 1714, 1719.)

-MISC1-



HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at Large)
Section
--------------------------------------------------------------------
31104(a) 49 App.:2304(a). Jan. 6, 1983, Pub. L.
97-424, Sec. 404(a), 96
Stat. 2156; restated Oct.
27, 1986, Pub. L. 99-570,
Sec. 12014, 100 Stat.
3207-186; Dec. 18, 1991,
Pub. L. 102-240, Sec.
4002(e), 105 Stat. 2142.
31104(b) 49 App.:2304(c). Jan. 6, 1983, Pub. L.
97-424, Sec. 404(c), 96
Stat. 2156; Oct. 27, 1986,
Pub. L. 99-570, Sec. 12014,
100 Stat. 3207-186; restated
Dec. 18, 1991, Pub. L.
102-240, Sec. 4002(f), 105
Stat. 2142.
49 App.:2304(e). Jan. 6, 1983, Pub. L.
97-424, Sec. 404(b), (d),
(e), 96 Stat. 2156; restated
Oct. 27, 1986, Pub. L.
99-570, Sec. 12014, 100
Stat. 3207-186.
31104(c) 49 App.:2304(b).
31104(d) 49 App.:2304(d).
31104(e) 49 App.:2304(f)(1). Jan. 6, 1983, Pub. L.
97-424, Sec. 404(f), 96
Stat. 2156; Oct. 27, 1986,
Pub. L. 99-570, Sec. 12014,
100 Stat. 3207-186; restated
Dec. 18, 1991, Pub. L.
102-240, Sec. 4002(g), 105
Stat. 2142.
31104(f) 49 App.:2304(f)(2).
31104(g)(1) 49 App.:2304(g) Jan. 6, 1983, Pub. L.
(less last 97-424, 96 Stat. 2155, Sec.
sentences of (5) 404(g), (h); added Dec. 18,
and (6)). 1991, Pub. L. 102-240, Sec.
4002(h), (i), 105 Stat. 2143.
31104(g)(2) 49 App.:2304(g)(5)
(last sentence).
31104(g)(3) 49 App.:2304(g)(6)
(last sentence).
31104(h) 49 App.:2304(h).
31104(i) 49 App.:2304 (note). Dec. 18, 1991, Pub. L.
102-240, Sec. 4002(k), 105
Stat. 2144.
31104(j) 49 App.:2302 (note). Dec. 18, 1991, Pub. L.
102-240, Sec. 4002(l), 105
Stat. 2144.
--------------------------------------------------------------------

In subsection (a), the text of 49 App.:2304(a)(1) and the
references to fiscal years ending September 30, 1987-1992, are
omitted as obsolete.
In subsection (b), the text of 49 App.:2304(e) is omitted as
superseded by 49 App.:2304(c) restated by section 4002(f) of the
Intermodal Surface Transportation Efficiency Act of 1991 (Public
Law 102-240, 105 Stat. 2142) and restated in this subsection.
In subsection (b)(2), the words "Amounts made available under
section 404(a)(2) of the Surface Transportation Assistance Act of
1982 before October 1, 1991" are substituted for "Funds made
available under this subchapter" for clarity and because of the
restatement.
In subsection (c), the words "Funds authorized to be
appropriated" are omitted because of the omission of 49
App.:2304(a)(1) as obsolete.
In subsection (e), the words "for administrative expenses
incurred in carrying out section 31102 of this title" are
substituted for "for administration of this section" for clarity
and consistency with the source provisions restated in this section
and section 31102 of the revised title.
In subsection (i), before clause (1), the words "Not later than 6
months after December 18, 1991" are omitted as obsolete. The words
"for grants under section 31102(a) of this title" are substituted
for "under the motor carrier safety assistance program" for clarity
and because of the restatement. The words "In prescribing those
regulations" are substituted for "In conducting such a revision"
because of the restatement.
In subsection (j), the words "Not later than 9 months after
December 18, 1991" are omitted as obsolete. The word "final" is
omitted as unnecessary. The words "regulations to be enforced under
section 31102(a) of this title" are substituted for "under the
motor carrier safety assistance program" for clarity and because of
the restatement.

AMENDMENTS
2005 - Subsec. (a). Pub. L. 109-59, Sec. 4101(a), reenacted
heading without change and amended text of subsec. (a) generally.
Prior to amendment, text contained pars. (1) to (8) making amounts
available from the Highway Trust Fund (other than the Mass Transit
Account) for the Secretary of Transportation to incur obligations
to carry out section 31102 for fiscal years 1998 to 2004 and part
of 2005.
Subsec. (a)(8). Pub. L. 109-40 amended par. (8) generally. Prior
to amendment, par. (8) read as follows: "Not more than $138,904,110
for the period of October 1, 2004, through July 27, 2005."
Pub. L. 109-37 amended par. (8) generally. Prior to amendment,
par. (8) read as follows: "Not more than $136,589,041 for the
period of October 1, 2004, through July 21, 2005."
Pub. L. 109-35 amended par. (8) generally. Prior to amendment,
par. (8) read as follows: "Not more than $135,200,000 for the
period of October 1, 2004, through July 19, 2005."
Pub. L. 109-20 amended par. (8) generally. Prior to amendment,
par. (8) read as follows: "Not more than $126,402,740 for the
period of October 1, 2004, through June 30, 2005."
Pub. L. 109-14 amended par. (8) generally. Prior to amendment,
par. (8) read as follows: "Not more than $112,512,329 for the
period of October 1, 2004, through May 31, 2005."
Subsecs. (i), (j). Pub. L. 109-59, Sec. 4101(b), added subsecs.
(i) and (j).
Subsec. (k). Pub. L. 109-59, Sec. 4107(a), added subsec. (k).
2004 - Subsec. (a)(7). Pub. L. 108-280 amended par. (7)
generally. Prior to amendment, par. (7) read as follows: "Not more
than $140,833,333 for the period of October 1, 2003, through July
31, 2004."
Pub. L. 108-263 amended par. (7) generally. Prior to amendment,
par. (7) read as follows: "Not more than $126,519,126 for the
period of October 1, 2003, through June 30, 2004."
Pub. L. 108-224 amended par. (7) generally. Prior to amendment,
par. (7) read as follows: "Not more than $98,352,000 for the period
of October 1, 2003, through April 30, 2004."
Pub. L. 108-202 amended par. (7) generally. Prior to amendment,
par. (7) read as follows: "Not more than $68,750,000 for the period
of October 1, 2003, through February 29, 2004."
Subsec. (a)(8). Pub. L. 108-310 added par. (8).
2003 - Subsec. (a)(7). Pub. L. 108-88 added par. (7).
1998 - Subsec. (a). Pub. L. 105-178, Sec. 4003(e), amended
heading and text of subsec. (a) generally, substituting provisions
relating to appropriations for fiscal years 1998 to 2003 for
provisions relating to appropriations for fiscal years ending Sept.
30, 1993 to 1997 and for period of Oct. 1, 1997 through Mar. 31,
1998.
Subsec. (b). Pub. L. 105-178, Sec. 4003(f), struck out par. (1)
designation and par. (2) which read as follows: "Amounts made
available under section 404(a)(2) of the Surface Transportation
Assistance Act of 1982 before October 1, 1991, that are not
obligated on October 1, 1992, are available for reallocation and
obligation under paragraph (1) of this subsection."
Subsec. (f). Pub. L. 105-178, Sec. 4003(g)(1), added subsec. (f)
and struck out heading and text of former subsec. (f). Text read as
follows: "On October 1 of each fiscal year or as soon after that
date as practicable, the Secretary, after making the deduction
described in subsection (e) of this section, shall allocate under
criteria the Secretary establishes the amounts available for that
fiscal year among the States with plans approved under section
31102 of this title. However, the Secretary may designate specific
eligible States among which to allocate those amounts in allocating
amounts available -
"(1) for research, development, and demonstration under
subsection (g)(1)(F) of this section; and
"(2) for public education under subsection (g)(1)(G) of this
section."
Subsec. (g). Pub. L. 105-178, Sec. 4003(g)(1), (2), redesignated
subsec. (h) as (g) and struck out former subsec. (g) which related
to specific allocations.
Subsec. (h). Pub. L. 105-178, Sec. 4003(g)(4), redesignated
subsec. (j) as (h). Former subsec. (h) redesignated (g).
Subsec. (i). Pub. L. 105-178, Sec. 4003(g)(3), struck out heading
and text of subsec. (i). Text read as follows: "The Secretary shall
prescribe regulations to develop an improved formula and process
for allocating amounts made available for grants under section
31102(a) of this title among States eligible for those amounts. In
prescribing those regulations, the Secretary shall -
"(1) consider ways to provide incentives to States that
demonstrate innovative, successful, cost-efficient, or cost-
effective programs to promote commercial motor vehicle safety
and hazardous material transportation safety;
"(2) place special emphasis on incentives to States that
conduct traffic safety enforcement activities that are coupled
with motor carrier safety inspections; and
"(3) consider ways to provide incentives to States that
increase compatibility of State commercial motor vehicle safety
and hazardous material transportation regulations with Government
safety regulations and promote other factors intended to promote
effectiveness and efficiency the Secretary decides are
appropriate."
Subsec. (j). Pub. L. 105-178, Sec. 4003(g)(4), redesignated
subsec. (j) as (h).
1997 - Subsec. (a). Pub. L. 105-130 substituted "Not more" for
"not more" in pars. (1) to (5) and added par. (6).

FUNDING
Pub. L. 109-59, title IV, Sec. 4116(d), Aug. 10, 2005, 119 Stat.
1728, provided that: "Amounts made available pursuant to section
31104(i) of title 49, United States Code, shall be used by the
Secretary [of Transportation] to carry out section 31149 of title
49, United States Code."

INCREASED AUTHORIZATIONS FOR MOTOR CARRIER SAFETY GRANTS
Pub. L. 105-178, title IV, Sec. 4003(i), as added by Pub. L. 106-
159, title I, Sec. 103(b)(1), Dec. 9, 1999, 113 Stat. 1753,
provided that: "The amount made available to incur obligations to
carry out section 31102 of title 49, United States Code, by section
31104(a) of such title for each of fiscal years 2001 through 2003
shall be increased by $65,000,000."

-End-



-CITE-
49 USC Sec. 31105 01/03/2007

-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS
PART B - COMMERCIAL
CHAPTER 311 - COMMERCIAL MOTOR VEHICLE SAFETY
SUBCHAPTER I - GENERAL AUTHORITY AND STATE GRANTS

-HEAD-
Sec. 31105. Employee protections

-STATUTE-
(a) Prohibitions. - (1) A person may not discharge an employee,
or discipline or discriminate against an employee regarding pay,
terms, or privileges of employment, because -
(A) the employee, or another person at the employee's request,
has filed a complaint or begun a proceeding related to a
violation of a commercial motor vehicle safety regulation,
standard, or order, or has testified or will testify in such a
proceeding; or
(B) the employee refuses to operate a vehicle because -
(i) the operation violates a regulation, standard, or order
of the United States related to commercial motor vehicle safety
or health; or
(ii) the employee has a reasonable apprehension of serious
injury to the employee or the public because of the vehicle's
unsafe condition.

(2) Under paragraph (1)(B)(ii) of this subsection, an employee's
apprehension of serious injury is reasonable only if a reasonable
individual in the circumstances then confronting the employee would
conclude that the unsafe condition establishes a real danger of
accident, injury, or serious impairment to health. To qualify for
protection, the employee must have sought from the employer, and
been unable to obtain, correction of the unsafe condition.
(b) Filing Complaints and Procedures. - (1) An employee alleging
discharge, discipline, or discrimination in violation of subsection
(a) of this section, or another person at the employee's request,
may file a complaint with the Secretary of Labor not later than 180
days after the alleged violation occurred. On receiving the
complaint, the Secretary shall notify the person alleged to have
committed the violation of the filing of the complaint.
(2)(A) Not later than 60 days after receiving a complaint, the
Secretary shall conduct an investigation, decide whether it is
reasonable to believe the complaint has merit, and notify the
complainant and the person alleged to have committed the violation
of the findings. If the Secretary decides it is reasonable to
believe a violation occurred, the Secretary shall include with the
decision findings and a preliminary order for the relief provided
under paragraph (3) of this subsection.
(B) Not later than 30 days after the notice under subparagraph
(A) of this paragraph, the complainant and the person alleged to
have committed the violation may file objections to the findings or
preliminary order, or both, and request a hearing on the record.
The filing of objections does not stay a reinstatement ordered in
the preliminary order. If a hearing is not requested within the 30
days, the preliminary order is final and not subject to judicial
review.
(C) A hearing shall be conducted expeditiously. Not later than
120 days after the end of the hearing, the Secretary shall issue a
final order. Before the final order is issued, the proceeding may
be ended by a settlement agreement made by the Secretary, the
complainant, and the person alleged to have committed the
violation.
(3)(A) If the Secretary decides, on the basis of a complaint, a
person violated subsection (a) of this section, the Secretary shall
order the person to -
(i) take affirmative action to abate the violation;
(ii) reinstate the complainant to the former position with the
same pay and terms and privileges of employment; and
(iii) pay compensatory damages, including back pay.

(B) If the Secretary issues an order under subparagraph (A) of
this paragraph and the complainant requests, the Secretary may
assess against the person against whom the order is issued the
costs (including attorney's fees) reasonably incurred by the
complainant in bringing the complaint. The Secretary shall
determine the costs that reasonably were incurred.
(c) Judicial Review and Venue. - A person adversely affected by
an order issued after a hearing under subsection (b) of this
section may file a petition for review, not later than 60 days
after the order is issued, in the court of appeals of the United
States for the circuit in which the violation occurred or the
person resided on the date of the violation. The review shall be
heard and decided expeditiously. An order of the Secretary subject
to review under this subsection is not subject to judicial review
in a criminal or other civil proceeding.
(d) Civil Actions To Enforce. - If a person fails to comply with
an order issued under subsection (b) of this section, the Secretary
shall bring a civil action to enforce the order in the district
court of the United States for the judicial district in which the
violation occurred.

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

-MISC1-



HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at Large)
Section
--------------------------------------------------------------------
31105(a) 49 App.:2305(a), Jan. 6, 1983, Pub. L.
(b). 97-424, Sec. 405(a)-(d), 96
Stat. 2157.
31105(b) 49 App.:2305(c).
31105(c) 49 App.:2305(d).
31105(d) 49 App.:2305(e). Jan. 6, 1983, Pub. L.
97-424, Sec. 405(e), 96
Stat. 2158; Nov. 8, 1984,
Pub. L. 98-620, Sec.
402(51), 98 Stat. 3361.
--------------------------------------------------------------------

In subsection (a)(1), before clause (A), the words "in any
manner" are omitted as surplus. The word "conditions" is omitted as
included in "terms". In clauses (A) and (B), the word "rule" is
omitted as being synonymous with "regulation". In clause (A), the
word "begun" is substituted for "instituted or caused to be
instituted" for consistency in the revised title and to eliminate
unnecessary words. In clause (B), the words before subclause (i)
are substituted for "for refusing to operate a vehicle when" and
"or because of" for clarity and consistency. In subclause (ii), the
words "vehicle's unsafe condition" are substituted for "unsafe
condition of such equipment" for consistency.
Subsection (a)(2) is substituted for 49 App.:2305(b) (2d, last
sentences) for clarity and to eliminate unnecessary words.
In subsection (b)(1), the words "alleging such discharge,
discipline, or discrimination" are omitted as surplus.
In subsection (b)(2)(B), the words "Not later than 30 days after
the notice under subparagraph (A) of this paragraph" are
substituted for "Thereafter" and "within thirty days" for clarity.
In subsection (b)(2)(C), the words "Before the final order is
issued" are substituted for "In the interim" for clarity.
Subsection (b)(3)(A) is substituted for 49 App.:2305(c)(2)(B)
(1st sentence) for clarity and to eliminate unnecessary words. In
clause (ii), the word "conditions" is omitted as included in
"terms". The provision for back pay is moved from clause (ii) to
clause (iii) for clarity.
In subsection (b)(3)(B), the words "a sum equal to the aggregate
amount of all" and "and expenses" are omitted as surplus. The words
"in bringing the complaint" are substituted for "for, or in
connection with, the bringing of the complaint upon which the order
was issued" to eliminate unnecessary words.
In subsection (c), the words "or aggrieved" and "with respect to
which the order was issued, allegedly" are omitted as surplus. The
words "in accordance with the provisions of chapter 7 of title 5
and" are omitted because 5:ch. 7 applies unless otherwise stated.
In subsection (d), the text of 49 App.:2305(e) (last sentence) is
omitted as unnecessary.

EMPLOYEE PROTECTIONS
Pub. L. 105-178, title IV, Sec. 4023, June 9, 1998, 112 Stat.
415, provided that: "Not later than 2 years after the date of
enactment of this Act [June 9, 1998], the Secretary [of
Transportation], in conjunction with the Secretary of Labor, shall
report to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Transportation and Infrastructure
of the House of Representatives on the effectiveness of existing
statutory employee protections provided for under section 31105 of
title 49, United States Code. The report shall include
recommendations to address any statutory changes necessary to
strengthen the enforcement of such employee protection provisions."

-End-



-CITE-
49 USC Sec. 31106 01/03/2007

-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS
PART B - COMMERCIAL
CHAPTER 311 - COMMERCIAL MOTOR VEHICLE SAFETY
SUBCHAPTER I - GENERAL AUTHORITY AND STATE GRANTS

-HEAD-
Sec. 31106. Information systems

-STATUTE-
(a) Information Systems and Data Analysis. -
(1) In general. - Subject to the provisions of this section,
the Secretary shall establish and operate motor carrier,
commercial motor vehicle, and driver information systems and data
analysis programs to support safety regulatory and enforcement
activities required under this title.
(2) Network coordination. - In cooperation with the States, the
information systems under this section shall be coordinated into
a network providing accurate identification of motor carriers and
drivers, commercial motor vehicle registration and license
tracking, and motor carrier, commercial motor vehicle, and driver
safety performance data.
(3) Data analysis capacity and programs. - The Secretary shall
develop and maintain under this section data analysis capacity
and programs that provide the means to -
(A) identify and collect necessary motor carrier, commercial
motor vehicle, and driver data;
(B) evaluate the safety fitness of motor carriers and
drivers;
(C) develop strategies to mitigate safety problems and to use
data analysis to address and measure the effectiveness of such
strategies and related programs;
(D) determine the cost-effectiveness of Federal and State
safety compliance and enforcement programs and other
countermeasures;
(E) adapt, improve, and incorporate other information and
information systems as the Secretary determines appropriate;
(F) ensure, to the maximum extent practical, all the data is
complete, timely, and accurate across all information systems
and initiatives; and
(G) establish and implement a national motor carrier safety
data correction system.

(4) Standards. - To implement this section, the Secretary shall
prescribe technical and operational standards to ensure -
(A) uniform, timely, and accurate information collection and
reporting by the States and other entities as determined
appropriate by the Secretary;
(B) uniform Federal, State, and local policies and procedures
necessary to operate the information system; and
(C) the reliability and availability of the information to
the Secretary and States.

(b) Performance and Registration Information Program. -
(1) Information clearinghouse. - The Secretary shall include,
as part of the motor carrier information system authorized by
this section, a program to establish and maintain a clearinghouse
and repository of information related to State registration and
licensing of commercial motor vehicles, the registrants of such
vehicles, and the motor carriers operating such vehicles. The
clearinghouse and repository may include information on the
safety fitness of each of the motor carriers and registrants and
other information the Secretary considers appropriate, including
information on motor carrier, commercial motor vehicle, and
driver safety performance.
(2) Design. - The program shall link Federal motor carrier
safety information systems with State commercial vehicle
registration and licensing systems and shall be designed to
enable a State to -
(A) determine the safety fitness of a motor carrier or
registrant when licensing or registering the registrant or
motor carrier or while the license or registration is in
effect; and
(B) deny, suspend, or revoke the commercial motor vehicle
registrations of a motor carrier or registrant that has been
issued an operations out-of-service order by the Secretary.

(3) Conditions for participation. - The Secretary shall require
States, as a condition of participation in the program, to -
(A) comply with the uniform policies, procedures, and
technical and operational standards prescribed by the Secretary
under subsection (a)(4);
(B) possess or seek the authority to possess for a time
period no longer than determined reasonable by the Secretary,
to impose sanctions relating to commercial motor vehicle
registration on the basis of a Federal safety fitness
determination; and
(C) establish and implement a process to cancel the motor
vehicle registration and seize the registration plates of a
vehicle when an employer is found liable under section
31310(i)(2)(C) for knowingly allowing or requiring an employee
to operate such a commercial motor vehicle in violation of an
out-of-service order.

(4) Grants. - From the funds authorized by section 31104(i),
the Secretary may make a grant in a fiscal year to a State to
implement the performance and registration information system
management requirements of this subsection.

(c) Commercial Motor Vehicle Driver Safety Program. - In
coordination with the information system under section 31309, the
Secretary is authorized to establish a program to improve
commercial motor vehicle driver safety. The objectives of the
program shall include -
(1) enhancing the exchange of driver licensing information
among the States, the Federal Government, and foreign countries;
(2) providing information to the judicial system on commercial
motor vehicle drivers;
(3) evaluating any aspect of driver performance that the
Secretary determines appropriate; and
(4) developing appropriate strategies and countermeasures to
improve driver safety.

(d) Cooperative Agreements, Grants, and Contracts. - The
Secretary may carry out this section either independently or in
cooperation with other Federal departments, agencies, and
instrumentalities, or by making grants to, and entering into
contracts and cooperative agreements with, States, local
governments, associations, institutions, corporations, and other
persons.
(e) Information Availability and Privacy Protection Policy. - The
Secretary shall develop a policy on making information available
from the information systems authorized by this section and section
31309. The policy shall be consistent with existing Federal
information laws, including regulations, and shall provide for
review and correction of such information in a timely manner.

-SOURCE-
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 991; Pub. L.
105-178, title IV, Sec. 4004(a), June 9, 1998, 112 Stat. 398; Pub.
L. 109-59, title IV, Secs. 4108(a), 4109(a), Aug. 10, 2005, 119
Stat. 1720.)

-MISC1-



HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at Large)
Section
--------------------------------------------------------------------
31106(a) 49 App.:2306(f). Jan. 6, 1983, Pub. L.
97-424, 96 Stat. 2155, Sec.
407; added Dec. 18, 1991,
Pub. L. 102-240, Sec. 4003,
105 Stat. 2144.
31106(b) 49 App.:2306(a)
(2)-(5).
31106(c) 49 App.:2306(b).
31106(d) 49 App.:2306(a)(1).
31106(e) 49 App.:2306(c).
31106(f) 49 App.:2306(d).
31106(g) 49 App.:2306(e).
--------------------------------------------------------------------

In subsection (b)(2), the word "schedule" is substituted for
"system" for clarity.

AMENDMENTS
2005 - Subsec. (a)(3)(F), (G). Pub. L. 109-59, Sec. 4108(a),
added subpars. (F) and (G).
Subsec. (b)(2) to (4). Pub. L. 109-59, Sec. 4109(a), added pars.
(2) to (4) and struck out former pars. (2) to (4), which related to
design of program with State licensing systems in par. (2),
conditions of participation in par. (3), and funding for fiscal
years 1998 to 2003 in par. (4).
1998 - Pub. L. 105-178 amended section catchline and text
generally, substituting, in subsec. (a), provisions relating to
information systems and data analysis for provisions relating to
definition of commercial motor vehicle, in subsec. (b), provisions
relating to performance and registration information program for
provisions relating to information system, in subsec. (c),
provisions relating to commercial motor vehicle driver safety
program for provisions relating to demonstration project, in
subsec. (d), provisions relating to cooperative agreements, grants,
and contracts for provisions relating to review of State systems,
and in subsec. (e), provisions relating to information availability
and privacy protection policy for provisions relating to
regulations, and striking out subsecs. (f) and (g), which related
to report to Congress and authorization of appropriations,
respectively.

COMMERCIAL VEHICLE INFORMATION SYSTEMS AND NETWORKS DEPLOYMENT
Pub. L. 109-59, title IV, Sec. 4126, Aug. 10, 2005, 119 Stat.
1738, provided that:
"(a) In General. - The Secretary [of Transportation] shall carry
out a commercial vehicle information systems and networks program
to -
"(1) improve the safety and productivity of commercial vehicles
and drivers; and
"(2) reduce costs associated with commercial vehicle operations
and Federal and State commercial vehicle regulatory requirements.
"(b) Purpose. - The program shall advance the technological
capability and promote the deployment of intelligent transportation
system applications for commercial vehicle operations, including
commercial vehicle, commercial driver, and carrier-specific
information systems and networks.
"(c) Core Deployment Grants. -
"(1) In general. - The Secretary shall make grants to eligible
States for the core deployment of commercial vehicle information
systems and networks.
"(2) Amount of grants. - The maximum aggregate amount the
Secretary may grant to a State for the core deployment of
commercial vehicle information systems and networks under this
subsection and sections 5001(a)(5) and 5001(a)(6) of the
Transportation Equity Act for the 21st Century [Pub. L. 105-178]
(112 Stat. 420) may not exceed $2,500,000.
"(3) Use of funds. - Funds from a grant under this subsection
may only be used for the core deployment of commercial vehicle
information systems and networks. An eligible State that has
either completed the core deployment of commercial vehicle
information systems and networks or completed such deployment
before grant funds are expended under this subsection may use the
grant funds for the expanded deployment of commercial vehicle
information systems and networks in the State.
"(d) Expanded Deployment Grants. -
"(1) In general. - For each fiscal year, from the funds
remaining after the Secretary has made grants under subsection
(c), the Secretary may make grants to each eligible State, upon
request, for the expanded deployment of commercial vehicle
information systems and networks.
"(2) Eligibility. - Each State that has completed the core
deployment of commercial vehicle information systems and networks
in such State is eligible for an expanded deployment grant under
this subsection.
"(3) Amount of grants. - Each fiscal year, the Secretary may
distribute funds available for expanded deployment grants equally
among the eligible States, but not to exceed $1,000,000 per
State.
"(4) Use of funds. - A State may use funds from a grant under
this subsection only for the expanded deployment of commercial
vehicle information systems and networks.
"(e) Eligibility. - To be eligible for a grant under this
section, a State -
"(1) shall have a commercial vehicle information systems and
networks program plan approved by the Secretary that describes
the various systems and networks at the State level that need to
be refined, revised, upgraded, or built to accomplish deployment
of core capabilities;
"(2) shall certify to the Secretary that its commercial vehicle
information systems and networks deployment activities, including
hardware procurement, software and system development, and
infrastructure modifications -
"(A) are consistent with the national intelligent
transportation systems and commercial vehicle information
systems and networks architectures and available standards; and
"(B) promote interoperability and efficiency to the extent
practicable; and
"(3) shall agree to execute interoperability tests developed by
the Federal Motor Carrier Safety Administration to verify that
its systems conform with the national intelligent transportation
systems architecture, applicable standards, and protocols for
commercial vehicle information systems and networks.
"(f) Federal Share. - The Federal share of the cost of a project
payable from funds made available to carry out this section shall
not exceed 50 percent. The total Federal share of the cost of a
project payable from all eligible Federal sources shall not exceed
80 percent.
"(g) Definitions. - In this section, the following definitions
apply:
"(1) Commercial vehicle information systems and networks. - The
term 'commercial vehicle information systems and networks' means
the information systems and communications networks that provide
the capability to -
"(A) improve the safety of commercial motor vehicle
operations;
"(B) increase the efficiency of regulatory inspection
processes to reduce administrative burdens by advancing
technology to facilitate inspections and increase the
effectiveness of enforcement efforts;
"(C) advance electronic processing of registration
information, driver licensing information, fuel tax
information, inspection and crash data, and other safety
information;
"(D) enhance the safe passage of commercial motor vehicles
across the United States and across international borders; and
"(E) promote the communication of information among the
States and encourage multistate cooperation and corridor
development.
"(2) Commercial motor vehicle operations. - The term
'commercial motor vehicle operations' -
"(A) means motor carrier operations and motor vehicle
regulatory activities associated with the commercial motor
vehicle movement of goods, including hazardous materials, and
passengers; and
"(B) with respect to the public sector, includes the issuance
of operating credentials, the administration of motor vehicle
and fuel taxes, and roadside safety and border crossing
inspection and regulatory compliance operations.
"(3) Core deployment. - The term 'core deployment' means the
deployment of systems in a State necessary to provide the State
with the following capabilities:
"(A) Safety information exchange to -
"(i) electronically collect and transmit commercial motor
vehicle and driver inspection data at a majority of
inspection sites in the State;
"(ii) connect to the safety and fitness electronic records
system for access to interstate carrier and commercial motor
vehicle data, summaries of past safety performance, and
commercial motor vehicle credentials information; and
"(iii) exchange carrier data and commercial motor vehicle
safety and credentials information within the State and
connect to such system for access to interstate carrier and
commercial motor vehicle data.
"(B) Interstate credentials administration to -
"(i) perform end-to-end processing, including carrier
application, jurisdiction application processing, and
credential issuance, of at least the international
registration plan and international fuel tax agreement
credentials and extend this processing to other credentials,
including intrastate registration, vehicle titling, oversize
vehicle permits, overweight vehicle permits, carrier
registration, and hazardous materials permits;
"(ii) connect to such plan and agreement clearinghouses;
and
"(iii) have at least 10 percent of the credentialing
transaction volume in the State handled electronically and
have the capability to add more carriers and to extend to
branch offices where applicable.
"(C) Roadside electronic screening to electronically screen
transponder-equipped commercial vehicles at a minimum of one
fixed or mobile inspection site in the State and to replicate
this screening at other sites in the State.
"(4) Expanded deployment. - The term 'expanded deployment'
means the deployment of systems in a State that exceed the
requirements of a core deployment of commercial vehicle
information systems and networks, improve safety and the
productivity of commercial motor vehicle operations, and enhance
transportation security."

-End-



-CITE-
49 USC Sec. 31107 01/03/2007

-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS
PART B - COMMERCIAL
CHAPTER 311 - COMMERCIAL MOTOR VEHICLE SAFETY
SUBCHAPTER I - GENERAL AUTHORITY AND STATE GRANTS

-HEAD-
Sec. 31107. Border enforcement grants

-STATUTE-
(a) General Authority. - The Secretary of Transportation may make
a grant in a fiscal year to an entity or State that shares a land
border with another country for carrying out border commercial
motor vehicle safety programs and related enforcement activities
and projects.
(b) Maintenance of Expenditures. - The Secretary may make a grant
to a State under this section only if the State agrees that the
total expenditure of amounts of the State and political
subdivisions of the State, exclusive of amounts from the United
States, for carrying out border commercial motor vehicle safety
programs and related enforcement activities and projects will be
maintained at a level at least equal to the average level of that
expenditure by the State and political subdivisions of the State
for the last 2 fiscal years of the State or the Federal Government
ending before October 1, 2005, whichever the State designates.
(c) Governments (!1) Share of Costs. - The Secretary shall
reimburse a State under a grant made under this section an amount
that is not more than 100 percent of the costs incurred by the
State in a fiscal year for carrying out border commercial motor
vehicle safety programs and related enforcement activities and
projects.

(d) Availability and Reallocation of Amounts. - Allocations to a
State remain available for expenditure in the State for the fiscal
year in which they are allocated and for the next fiscal year.
Amounts not expended by a State during those 2 fiscal years are
available to the Secretary for reallocation under this section.

-SOURCE-
(Added Pub. L. 109-59, title IV, Sec. 4110(a)(2), Aug. 10, 2005,
119 Stat. 1721.)


-MISC1-
PRIOR PROVISIONS
A prior section 31107, Pub. L. 103-272, Sec. 1(e), July 5, 1994,
108 Stat. 992; Pub. L. 105-178, title IV, Sec. 4004(b), June 9,
1998, 112 Stat. 400; Pub. L. 106-159, title I, Sec. 103(d), Dec. 9,
1999, 113 Stat. 1754; Pub. L. 108-88, Sec. 7(c)(1), Sept. 30, 2003,
117 Stat. 1120; Pub. L. 108-202, Sec. 11(c)(1), Feb. 29, 2004, 118
Stat. 490; Pub. L. 108-224, Sec. 9(c)(1), Apr. 30, 2004, 118 Stat.
638; Pub. L. 108-263, Sec. 9(c)(1), June 30, 2004, 118 Stat. 709;
Pub. L. 108-280, Sec. 9(c)(1), July 30, 2004, 118 Stat. 886; Pub.
L. 108-310, Sec. 7(c)(1), Sept. 30, 2004, 118 Stat. 1153; Pub. L.
109-14, Sec. 6(c)(1), May 31, 2005, 119 Stat. 330; Pub. L. 109-20,
Sec. 6(c)(1), July 1, 2005, 119 Stat. 352; Pub. L. 109-35, Sec.
6(c)(1), July 20, 2005, 119 Stat. 385; Pub. L. 109-37, Sec.
6(c)(1), July 22, 2005, 119 Stat. 400; Pub. L. 109-40, Sec.
6(c)(1), July 28, 2005, 119 Stat. 417, related to contract
authority funding for information systems, prior to repeal by Pub.
L. 109-59, title IV, Sec. 4110(a)(2), Aug. 10, 2005, 119 Stat.
1721.

-FOOTNOTE-
(!1) So in original. Probably should be "Government's".


-End-



-CITE-
49 USC Sec. 31108 01/03/2007

-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS
PART B - COMMERCIAL
CHAPTER 311 - COMMERCIAL MOTOR VEHICLE SAFETY
SUBCHAPTER I - GENERAL AUTHORITY AND STATE GRANTS

-HEAD-
Sec. 31108. Motor carrier research and technology program

-STATUTE-
(a) Research, Technology, and Technology Transfer Activities. -
(1) Establishment. - The Secretary of Transportation shall
establish and carry out a motor carrier and motor coach research
and technology program.
(2) Multiyear plan. - The program must include a multi-year
research plan that focuses on nonredundant innovative research
and shall be coordinated with other research programs or projects
ongoing or planned within the Department of Transportation, as
appropriate.
(3) Research, development, and technology transfer activities. -
The Secretary may carry out under the program research,
development, technology, and technology transfer activities with
respect to -
(A) the causes of accidents, injuries, and fatalities
involving commercial motor vehicles;
(B) means of reducing the number and severity of accidents,
injuries, and fatalities involving commercial motor vehicles;
(C) improving the safety and efficiency of commercial motor
vehicles through technological innovation and improvement;
(D) improving technology used by enforcement officers when
conducting roadside inspections and compliance reviews to
increase efficiency and information transfers; and
(E) increasing the safety and security of hazardous materials
transportation.

(4) Tests and development. - The Secretary may test, develop,
or assist in testing and developing any material, invention,
patented article, or process related to the research and
technology program.
(5) Training. - The Secretary may use the funds made available
to carry out this section for training or education of commercial
motor vehicle safety personnel, including training in accident
reconstruction and detection of controlled substances or other
contraband and stolen cargo or vehicles.
(6) Procedures. - The Secretary may carry out this section -
(A) independently;
(B) in cooperation with other Federal departments, agencies,
and instrumentalities and Federal laboratories; or
(C) by making grants to, or entering into contracts and
cooperative agreements with, any Federal laboratory, State
agency, authority, association, institution, for-profit or
nonprofit corporation, organization, foreign country, or
person.

(7) Development and promotion of use of products. - The
Secretary shall use funds made available to carry out this
section to develop, administer, communicate, and promote the use
of products of research, technology, and technology transfer
programs under this section.

(b) Collaborative Research and Development. -
(1) In general. - To advance innovative solutions to problems
involving commercial motor vehicle and motor carrier safety,
security, and efficiency, and to stimulate the deployment of
emerging technology, the Secretary may carry out, on a cost-
shared basis, collaborative research and development with -
(A) non-Federal entities, including State and local
governments, foreign governments, colleges and universities,
corporations, institutions, partnerships, and sole
proprietorships that are incorporated or established under the
laws of any State; and
(B) Federal laboratories.

(2) Cooperative agreements. - In carrying out this subsection,
the Secretary may enter into cooperative research and development
agreements (as defined in section 12 of the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3710a)).
(3) Cost sharing. -
(A) Federal share. - The Federal share of the cost of
activities carried out under a cooperative research and
development agreement entered into under this subsection shall
not exceed 50 percent; except that, if there is substantial
public interest or benefit associated with any such activity,
the Secretary may approve a greater Federal share.
(B) Treatment of directly incurred non-federal costs. - All
costs directly incurred by the non-Federal partners, including
personnel, travel, and hardware or software development costs,
shall be credited toward the non-Federal share of the cost of
the activities described in subparagraph (A).

(4) Use of technology. - The research, development, or use of a
technology under a cooperative research and development agreement
entered into under this subsection, including the terms under
which the technology may be licensed and the resulting royalties
may be distributed, shall be subject to the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3701 et seq.).

-SOURCE-
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 993; Pub. L.
109-59, title IV, Sec. 4111(a), Aug. 10, 2005, 119 Stat. 1722.)

-MISC1-



HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at Large)
Section
--------------------------------------------------------------------
31108 (uncodified). Dec. 18, 1991, Pub. L.
102-240, Sec. 4002(j), 105
Stat. 2144.
--------------------------------------------------------------------

The words "safety duties and powers" are substituted for "safety
functions" for clarity and consistency in the revised title. The
reference to fiscal year 1992 is omitted as obsolete.

-REFTEXT-
REFERENCES IN TEXT
The Stevenson-Wydler Technology Innovation Act of 1980, referred
to in subsec. (b)(4), is Pub. L. 96-480, Oct. 21, 1980, 94 Stat.
2311, as amended, which is classified generally to chapter 63 (Sec.
3701 et seq.) of Title 15, Commerce and Trade. For complete
classification of this Act to the Code, see Short Title note set
out under section 3701 of Title 15 and Tables.


-MISC2-
AMENDMENTS
2005 - Pub. L. 109-59 amended section catchline and text
generally. Prior to amendment, text read as follows: "Not more than
$_____ may be appropriated to the Secretary of Transportation for
the fiscal year ending September 30, 19_, to carry out the safety
duties and powers of the Federal Highway Administration."

-End-



-CITE-
49 USC Sec. 31109 01/03/2007

-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS
PART B - COMMERCIAL
CHAPTER 311 - COMMERCIAL MOTOR VEHICLE SAFETY
SUBCHAPTER I - GENERAL AUTHORITY AND STATE GRANTS

-HEAD-
Sec. 31109. Performance and registration information system
management

-STATUTE-
The Secretary of Transportation may make a grant to a State to
implement the performance and registration information system
management requirements of section 31106(b).

-SOURCE-
(Added Pub. L. 109-59, title IV, Sec. 4109(b)(1), Aug. 10, 2005,
119 Stat. 1721.)

-End-


-CITE-
49 USC SUBCHAPTER II - LENGTH AND WIDTH LIMITATIONS 01/03/2007

-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS
PART B - COMMERCIAL
CHAPTER 311 - COMMERCIAL MOTOR VEHICLE SAFETY
SUBCHAPTER II - LENGTH AND WIDTH LIMITATIONS

-HEAD-
SUBCHAPTER II - LENGTH AND WIDTH LIMITATIONS

-End-



-CITE-
49 USC Sec. 31111 01/03/2007

-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS
PART B - COMMERCIAL
CHAPTER 311 - COMMERCIAL MOTOR VEHICLE SAFETY
SUBCHAPTER II - LENGTH AND WIDTH LIMITATIONS

-HEAD-
Sec. 31111. Length limitations

-STATUTE-
(a) Definitions. - In this section, the following definitions
apply:
(1) Automobile transporter. - The term "automobile transporter"
means any vehicle combination designed and used specifically for
the transport of assembled highway vehicles, including truck
camper units.
(2) Maxi-cube vehicle. - The term "maxi-cube vehicle" means a
truck tractor combined with a semitrailer and a separable
property-carrying unit designed to be loaded and unloaded through
the semitrailer, with the length of the separable property-
carrying unit being not more than 34 feet and the length of the
vehicle combination being not more than 65 feet.
(3) Truck tractor. - The term "truck tractor" means -
(A) a non-property-carrying power unit that operates in
combination with a semitrailer or trailer; or
(B) a power unit that carries as property only motor vehicles
when operating in combination with a semitrailer in
transporting motor vehicles.

(4) Drive-away saddlemount with fullmount vehicle transporter
combination. - The term "drive-away saddlemount with fullmount
vehicle transporter combination" means a vehicle combination
designed and specifically used to tow up to 3 trucks or truck
tractors, each connected by a saddle to the frame or fifth-wheel
of the forward vehicle of the truck or truck tractor in front of
it.

(b) General Limitations. - (1) Except as provided in this
section, a State may not prescribe or enforce a regulation of
commerce that -
(A) imposes a vehicle length limitation of less than 45 feet on
a bus, of less than 48 feet on a semitrailer operating in a truck
tractor-semitrailer combination, or of less than 28 feet on a
semitrailer or trailer operating in a truck tractor-semitrailer-
trailer combination, on any segment of the Dwight D. Eisenhower
System of Interstate and Defense Highways (except a segment
exempted under subsection (f) of this section) and those classes
of qualifying Federal-aid Primary System highways designated by
the Secretary of Transportation under subsection (e) of this
section;
(B) imposes an overall length limitation on a commercial motor
vehicle operating in a truck tractor-semitrailer or truck tractor-
semitrailer-trailer combination;
(C) has the effect of prohibiting the use of a semitrailer or
trailer of the same dimensions as those that were in actual and
lawful use in that State on December 1, 1982;
(D) imposes a vehicle length limitation of not less than or
more than 97 feet on a driveaway saddlemount with fullmount
vehicle transporter combinations;
(E) has the effect of prohibiting the use of an existing
semitrailer or trailer, of not more than 28.5 feet in length, in
a truck tractor-semitrailer-trailer combination if the
semitrailer or trailer was operating lawfully on December 1,
1982, within a 65-foot overall length limit in any State; or
(F) imposes a limitation of less than 46 feet on the distance
from the kingpin to the center of the rear axle on trailers used
exclusively or primarily in connection with motorsports
competition events.

(2) A length limitation prescribed or enforced by a State under
paragraph (1)(A) of this subsection applies only to a semitrailer
or trailer and not to a truck tractor.
(c) Maxi-Cube and Vehicle Combination Limitations. - A State may
not prohibit a maxi-cube vehicle or a commercial motor vehicle
combination consisting of a truck tractor and 2 trailing units on
any segment of the Dwight D. Eisenhower System of Interstate and
Defense Highways (except a segment exempted under subsection (f) of
this section) and those classes of qualifying Federal-aid Primary
System highways designated by the Secretary under subsection (e) of
this section.
(d) Exclusion of Safety and Energy Conservation Devices. - Length
calculated under this section does not include a safety or energy
conservation device the Secretary decides is necessary for safe and
efficient operation of a commercial motor vehicle. However, such a
device may not have by its design or use the ability to carry
cargo.
(e) Qualifying Highways. - The Secretary by regulation shall
designate as qualifying Federal-aid Primary System highways those
highways of the Federal-aid Primary System in existence on June 1,
1991, that can accommodate safely the applicable vehicle lengths
provided in this section.
(f) Exemptions. - (1) If the chief executive officer of a State,
after consulting under paragraph (2) of this subsection, decides a
segment of the Dwight D. Eisenhower System of Interstate and
Defense Highways is not capable of safely accommodating a
commercial motor vehicle having a length described in subsection
(b)(1)(A) of this section or the motor vehicle combination
described in subsection (c) of this section, the chief executive
officer may notify the Secretary of that decision and request the
Secretary to exempt that segment from either or both provisions.
(2) Before making a decision under paragraph (1) of this
subsection, the chief executive officer shall consult with units of
local government in the State in which the segment of the Dwight D.
Eisenhower System of Interstate and Defense Highways is located and
with the chief executive officer of any adjacent State that may be
directly affected by the exemption. As part of the consultations,
consideration shall be given to any potential alternative route
that serves the area in which the segment is located and can safely
accommodate a commercial motor vehicle having a length described in
subsection (b)(1)(A) of this section or the motor vehicle
combination described in subsection (c) of this section.
(3) A chief executive officer's notification under this
subsection must include specific evidence of safety problems
supporting the officer's decision and the results of consultations
about alternative routes.
(4)(A) If the Secretary decides, on request of a chief executive
officer or on the Secretary's own initiative, a segment of the
Dwight D. Eisenhower System of Interstate and Defense Highways is
not capable of safely accommodating a commercial motor vehicle
having a length described in subsection (b)(1)(A) of this section
or the motor vehicle combination described in subsection (c) of
this section, the Secretary shall exempt the segment from either or
both of those provisions. Before making a decision under this
paragraph, the Secretary shall consider any possible alternative
route that serves the area in which the segment is located.
(B) The Secretary shall make a decision about a specific segment
not later than 120 days after the date of receipt of notification
from a chief executive officer under paragraph (1) of this
subsection or the date on which the Secretary initiates action
under subparagraph (A) of this paragraph, whichever is applicable.
If the Secretary finds the decision will not be made in time, the
Secretary immediately shall notify Congress, giving the reasons for
the delay, information about the resources assigned, and the
projected date for the decision.
(C) Before making a decision, the Secretary shall give an
interested person notice and an opportunity for comment. If the
Secretary exempts a segment under this subsection before the final
regulations under subsection (e) of this section are prescribed,
the Secretary shall include the exemption as part of the final
regulations. If the Secretary exempts the segment after the final
regulations are prescribed, the Secretary shall publish the
exemption as an amendment to the final regulations.
(g) Accommodating Specialized Equipment. - In prescribing
regulations to carry out this section, the Secretary may make
decisions necessary to accommodate specialized equipment, including
automobile and vessel transporters and maxi-cube vehicles.

-SOURCE-
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 993; Pub. L.
104-88, title I, Sec. 104(b), Dec. 29, 1995, 109 Stat. 919; Pub. L.
105-178, title IV, Sec. 4005, June 9, 1998, 112 Stat. 400; Pub. L.
109-59, title IV, Sec. 4141, Aug. 10, 2005, 119 Stat. 1746.)

-MISC1-



HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at Large)
Section
--------------------------------------------------------------------
31111(a)(1) 49 App.:2311(f)(2). Jan. 6, 1983, Pub. L.
97-424, 96 Stat. 2097, Sec.
411(f)(2); added Oct. 18,
1986, Pub. L. 99-500, Sec.
101(l) [H.R. 5205, Sec.
324(a)], 100 Stat. 1783-308,
and Oct. 30, 1986, Pub. L.
99-591, Sec. 101(l) [H.R.
5205, Sec. 324(a)], 100
Stat. 3341-308; Dec. 22,
1987, Pub. L. 100-202, Sec.
106, 101 Stat. 1329-433.
31111(a)(2) 49 App.:2311(f)(1). Jan. 6, 1983, Pub. L.
97-424, Sec. 411(f)(1), 96
Stat. 2160; Oct. 18, 1986,
Pub. L. 99-500, Sec. 101(l)
[H.R. 5205, Sec. 324(a)],
100 Stat. 1783-308; Oct. 30,
1986, Pub. L. 99-591, Sec.
101(l) [H.R. 5205, Sec.
324(a)], 100 Stat. 3341-308;
Dec. 22, 1987, Pub. L.
100-202, Sec. 106, 101 Stat.
1329-433.
31111(b) 49 App.:2311(a). Jan. 6, 1983, Pub. L.
97-424, Sec. 411(a), 96
Stat. 2159; Oct. 30, 1984,
Pub. L. 98-554, Sec. 104(a),
98 Stat. 2831; Dec. 18,
1991, Pub. L. 102-240, Sec.
4006(b)(1), 105 Stat. 2151.
49 App.:2311(b). Jan. 6, 1983, Pub. L.
97-424, Sec. 411(b), (g),
(h), 96 Stat. 2159, 2160.
31111(c) 49 App.:2311(c). Jan. 6, 1983, Pub. L.
97-424, Sec. 411(c), 96
Stat. 2159; Oct. 30, 1984,
Pub. L. 98-554, Sec. 104(b),
98 Stat. 2831; Oct. 18,
1986, Pub. L. 99-500, Sec.
101(l) [H.R. 5205, Sec.
324(b)], 100 Stat. 1783-308;
Oct. 30, 1986, Pub. L.
99-591, Sec. 101(l) [H.R.
5205, Sec. 324(b)], 100
Stat. 3341-308; Dec. 22,
1987, Pub. L. 100-202, Sec.
106, 101 Stat. 1329-433.
31111(d) 49 App.:2311(h).
31111(e) 49 App.:2311(e). Jan. 6, 1983, Pub. L.
97-424, Sec. 411(e), 96
Stat. 2160; Dec. 18, 1991,
Pub. L. 102-240, Sec.
4006(c), 105 Stat. 2151.
31111(f) 49 App.:2311(i). Jan. 6, 1983, Pub. L.
97-424, 96 Stat. 2097, Sec.
411(i); added Oct. 30, 1984,
Pub. L. 98-554, Sec. 102, 98
Stat. 2829.
31111(g) 49 App.:2311(d). Jan. 6, 1983, Pub. L.
97-424, Sec. 411(d), 96
Stat. 2160; Apr. 2, 1987,
Pub. L. 100-17, Sec.
133(a)(7), 101 Stat. 171;
Nov. 5, 1990, Pub. L.
101-516, Sec. 327(a), 104
Stat. 2182.
49 App.:2311(g).
--------------------------------------------------------------------

In this section, the words "Dwight D. Eisenhower System of
Interstate and Defense Highways" are substituted for "National
System of Interstate and Defense Highways" because of the Act of
October 15, 1990 (Public Law 101-427, 104 Stat. 927).
In subsection (a), the word "property" is substituted for "cargo"
for consistency in the revised title.
Subsection (b)(1) is substituted for 49 App.:2311(a) and (b) (2d-
last sentences) to eliminate unnecessary words and for consistency
in the revised title and with other titles of the United States
Code. Hyphens are used in describing the combinations "truck
tractor-semitrailer" and "truck tractor-semitrailer-trailer" for
consistency. In clause (D), the word "actually" is omitted as
surplus.
Subsection (b)(2) is substituted for 49 App.:2311(b) (1st
sentence) because of the restatement.
In subsection (d), the words "such as rear view mirrors, turn
signal lamps, marker lamps, steps and handholds for entry and
egress, flexible fender extensions, mudflaps and splash and spray
suppressant devices, load-induced tire bulge, refrigeration units
or air compressors and other devices" are omitted as unnecessary
and because most items listed relate to width rather than length.
In subsection (e), the words "by regulation" are added for
clarity. The words "subject to the provisions of subsections (a)
and (c) of this section" are omitted as surplus. The text of 49
App.:2311(e)(2) and (3) is omitted as executed.
In subsection (f), the word "commercial" is added before "motor
vehicle" for consistency.
In subsection (f)(4)(C), the reference to regulations prescribed
under subsection (e) is substituted for the reference in the source
to regulations issued under subsection (a) to be more precise. The
word "amendment" is substituted for "revision" for consistency in
the revised title.
Subsection (g) is substituted for 49 App.:2311(d) to eliminate
unnecessary words. The Secretary's general authority to prescribe
regulations is provided in 49:322(a). The word "vessel" is
substituted for "boat" because of 1:3. The text of 49 App.:2311(g)
is omitted as executed.

AMENDMENTS
2005 - Subsec. (a)(4). Pub. L. 109-59, Sec. 4141(a), added par.
(4).
Subsec. (b)(1)(D) to (F). Pub. L. 109-59, Sec. 4141(b), added
subpar. (D) and redesignated former subpars. (D) and (E) as (E) and
(F), respectively.
1998 - Subsec. (a). Pub. L. 105-178, Sec. 4005(1), substituted
"section, the following definitions apply:" for "section - " in
introductory provisions.
Subsec. (a)(1). Pub. L. 105-178, Sec. 4005(5), added par. (1).
Former par. (1) redesignated (2).
Pub. L. 105-178, Sec. 4005(2), inserted "Maxi-cube vehicle. - The
term" after "(1)".
Subsec. (a)(2). Pub. L. 105-178, Sec. 4005(4), redesignated par.
(1) as (2). Former par. (2) redesignated (3).
Pub. L. 105-178, Sec. 4005(3), inserted "Truck tractor. - The
term" after "(2)".
Subsec. (a)(3). Pub. L. 105-178, Sec. 4005(4), redesignated par.
(2) as (3).
1995 - Subsec. (b)(1)(E). Pub. L. 104-88 added subpar. (E).

EFFECTIVE DATE OF 1995 AMENDMENT
Amendment by Pub. L. 104-88 effective Jan. 1, 1996, see section 2
of Pub. L. 104-88, set out as an Effective Date note under section
701 of this title.

-End-



-CITE-
49 USC Sec. 31112 01/03/2007

-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS
PART B - COMMERCIAL
CHAPTER 311 - COMMERCIAL MOTOR VEHICLE SAFETY
SUBCHAPTER II - LENGTH AND WIDTH LIMITATIONS

-HEAD-
Sec. 31112. Property-carrying unit limitation

-STATUTE-
(a) Definitions. - In this section -
(1) "property-carrying unit" means any part of a commercial
motor vehicle combination (except the truck tractor) used to
carry property, including a trailer, a semitrailer, or the
property-carrying section of a single unit truck.
(2) the length of the property-carrying units of a commercial
motor vehicle combination is the length measured from the front
of the first property-carrying unit to the rear of the last
property-carrying unit.

(b) General Limitations. - A State may not allow by any means the
operation, on any segment of the Dwight D. Eisenhower System of
Interstate and Defense Highways and those classes of qualifying
Federal-aid Primary System highways designated by the Secretary of
Transportation under section 31111(e) of this title, of any
commercial motor vehicle combination (except a vehicle or load that
cannot be dismantled easily or divided easily and that has been
issued a special permit under applicable State law) with more than
one property-carrying unit (not including the truck tractor) whose
property-carrying units are more than -
(1) the maximum combination trailer, semitrailer, or other type
of length limitation allowed by law or regulation of that State
before June 2, 1991; or
(2) the length of the property-carrying units of those
commercial motor vehicle combinations, by specific configuration,
in actual, lawful operation on a regular or periodic basis
(including continuing seasonal operation) in that State before
June 2, 1991.

(c) Special Rules for Wyoming, Ohio, Alaska, Iowa, and Nebraska. -
In addition to the vehicles allowed under subsection (b) of this
section -
(1) Wyoming may allow the operation of additional vehicle
configurations not in actual operation on June 1, 1991, but
authorized by State law not later than November 3, 1992, if the
vehicle configurations comply with the single axle, tandem axle,
and bridge formula limits in section 127(a) of title 23 and are
not more than 117,000 pounds gross vehicle weight;
(2) Ohio may allow the operation of commercial motor vehicle
combinations with 3 property-carrying units of 28.5 feet each
(not including the truck tractor) not in actual operation on June
1, 1991, to be operated in Ohio on the 1-mile segment of Ohio
State Route 7 that begins at and is south of exit 16 of the Ohio
Turnpike;
(3) Alaska may allow the operation of commercial motor vehicle
combinations that were not in actual operation on June 1, 1991,
but were in actual operation before July 6, 1991; and
(4) Iowa may allow the operation on Interstate Route 29 between
Sioux City, Iowa, and the border between Iowa and South Dakota or
on Interstate Route 129 between Sioux City, Iowa, and the border
between Iowa and Nebraska of commercial motor vehicle
combinations with trailer length, semitrailer length, and
property-carrying unit length allowed by law or regulation and in
actual lawful operation on a regular or periodic basis (including
continued seasonal operation) in South Dakota or Nebraska,
respectively, before June 2, 1991.
(5) Nebraska may allow the operation of a truck tractor and 2
trailers or semitrailers not in actual lawful operation on a
regular or periodic basis on June 1, 1991, if the length of the
property-carrying units does not exceed 81 feet 6 inches and such
combination is used only to transport equipment utilized by
custom harvesters under contract to agricultural producers to
harvest one or more of wheat, soybeans, and milo during the
harvest months for such crops, as defined by the State of
Nebraska.

(d) Additional Limitations. - (1) A commercial motor vehicle
combination whose operation in a State is not prohibited under
subsections (b) and (c) of this section may continue to operate in
the State on highways described in subsection (b) only if at least
in compliance with all State laws, regulations, limitations, and
conditions, including routing-specific and configuration-specific
designations and all other restrictions in force in the State on
June 1, 1991. However, subject to regulations prescribed by the
Secretary under subsection (g)(2) of this section, the State may
make minor adjustments of a temporary and emergency nature to route
designations and vehicle operating restrictions in effect on June
1, 1991, for specific safety purposes and road construction.
(2) This section does not prevent a State from further
restricting in any way or prohibiting the operation of any
commercial motor vehicle combination subject to this section,
except that a restriction or prohibition shall be consistent with
this section and sections 31113(a) and (b) and 31114 of this title.
(3) A State making a minor adjustment of a temporary and
emergency nature as authorized by paragraph (1) of this subsection
or further restricting or prohibiting the operation of a commercial
motor vehicle combination as authorized by paragraph (2) of this
subsection shall advise the Secretary not later than 30 days after
the action. The Secretary shall publish a notice of the action in
the Federal Register.
(4) (!1) Nebraska may continue to allow to be operated under
paragraphs (b)(1) and (b)(2) of this section,(!2) the State of
Nebraska may allow longer combination vehicles that were not in
actual operation on June 1, 1991 to be operated within its
boundaries to transport sugar beets from the field where such sugar
beets are harvested to storage, market, factory or stockpile or
from stockpile to storage, market or factory. This provision shall
expire on February 28, 1998.


(e) List of State Length Limitations. - (1) Not later than
February 16, 1992, each State shall submit to the Secretary for
publication a complete list of State length limitations applicable
to commercial motor vehicle combinations operating in the State on
the highways described in subsection (b) of this section. The list
shall indicate the applicable State laws and regulations associated
with the length limitations. If a State does not submit the
information as required, the Secretary shall complete and file the
information for the State.
(2) Not later than March 17, 1992, the Secretary shall publish an
interim list in the Federal Register consisting of all information
submitted under paragraph (1) of this subsection. The Secretary
shall review for accuracy all information submitted by a State
under paragraph (1) and shall solicit and consider public comment
on the accuracy of the information.
(3) A law or regulation may not be included on the list submitted
by a State or published by the Secretary merely because it
authorized, or could have authorized, by permit or otherwise, the
operation of commercial motor vehicle combinations not in actual
operation on a regular or periodic basis before June 2, 1991.
(4) Except as revised under this paragraph or paragraph (5) of
this subsection, the list shall be published as final in the
Federal Register not later than June 15, 1992. In publishing the
final list, the Secretary shall make any revisions necessary to
correct inaccuracies identified under paragraph (2) of this
subsection. After publication of the final list, commercial motor
vehicle combinations prohibited under subsection (b) of this
section may not operate on the Dwight D. Eisenhower System of
Interstate and Defense Highways and other Federal-aid Primary
System highways designated by the Secretary except as published on
the list. The list may be combined by the Secretary with the list
required under section 127(d) of title 23.
(5) On the Secretary's own motion or on request by any person
(including a State), the Secretary shall review the list published
under paragraph (4) of this subsection. If the Secretary decides
there is reason to believe a mistake was made in the accuracy of
the list, the Secretary shall begin a proceeding to decide whether
a mistake was made. If the Secretary decides there was a mistake,
the Secretary shall publish the correction.
(f) Limitations on Statutory Construction. - This section may not
be construed -
(1) to allow the operation on any segment of the Dwight D.
Eisenhower System of Interstate and Defense Highways of a longer
combination vehicle prohibited under section 127(d) of title 23;
(2) to affect in any way the operation of a commercial motor
vehicle having only one property-carrying unit; or
(3) to affect in any way the operation in a State of a
commercial motor vehicle with more than one property-carrying
unit if the vehicle was in actual operation on a regular or
periodic basis (including seasonal operation) in that State
before June 2, 1991, that was authorized under State law or
regulation or lawful State permit.

(g) Regulations. - (1) In carrying out this section only, the
Secretary shall define by regulation loads that cannot be
dismantled easily or divided easily.
(2) Not later than June 15, 1992, the Secretary shall prescribe
regulations establishing criteria for a State to follow in making
minor adjustments under subsection (d) of this section.

-SOURCE-
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 995; Pub. L.
104-59, title III, Sec. 312(a)(3), Nov. 28, 1995, 109 Stat. 584;
Pub. L. 104-205, title III, Sec. 352, Sept. 30, 1996, 110 Stat.
2980; Pub. L. 105-66, title III, Sec. 343, Oct. 27, 1997, 111 Stat.
1449; Pub. L. 109-59, title IV, Sec. 4112, Aug. 10, 2005, 119 Stat.
1724.)

-MISC1-



HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at Large)
Section
--------------------------------------------------------------------
31112(a)(1) 49 App.:2311(j)(7). Jan 6, 1983, Pub. L. 97-424,
96 Stat. 2159, Sec. 411(j);
added Dec. 18, 1991, Pub. L.
102-240, Sec. 4006(a), 105
Stat. 2148.
31112(a)(2) 49 App.:2311(j)(3).
31112(b) 49 App.:2311(j)(1).
31112(c) 49 App.:2311(j)(2).
31112(d) 49 App.:2311(j)(4).
31112(e) 49 App.:2311(j)(5).
31112(f) 49 App.:2311(j)(6).
31112(g)(1) 49 App.:2311(j)(9).
31112(g)(2) 49 App.:2311(j)(8).
--------------------------------------------------------------------

In this section, the word "property" is substituted for "cargo",
and the word "law" is substituted for "statute", for consistency in
the revised title. The words "Dwight D. Eisenhower System of
Interstate and Defense Highways" are substituted for "National
System of Interstate and Defense Highways" because of the Act of
October 15, 1990 (Public Law 101-427, 104 Stat. 927).
In subsections (b), before clause (1), and (g)(1), the words
"dismantled easily or divided easily" are substituted for "easily
dismantled or divided" for clarity.
In subsection (e)(4), the words "Except as revised under this
paragraph or paragraph (5) of this subsection" are substituted for
"Except as modified pursuant to subparagraph (B) or (E) of this
subsection" for clarity.

AMENDMENTS
2005 - Subsec. (c). Pub. L. 109-59, Sec. 4112(b), substituted
"Iowa, and Nebraska" for "and Iowa" in heading.
Subsec. (c)(5). Pub. L. 109-59, Sec. 4112(a), added par. (5).
1997 - Subsec. (d)(4). Pub. L. 105-66 substituted "February 28,
1998" for "September 30, 1997".
1996 - Subsec. (d)(4). Pub. L. 104-205, which directed amendment
of this section by adding a new subsection designated par. (4)
without specifying where, was executed by adding par. (4) to
subsec. (d) to reflect the probable intent of Congress.
1995 - Subsec. (c). Pub. L. 104-59 substituted "Alaska, and Iowa"
for "and Alaska" in heading and added par. (4).

-FOOTNOTE-
(!1) See 1996 Amendment note below.

(!2) So in original.


-End-



-CITE-
49 USC Sec. 31113 01/03/2007

-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS
PART B - COMMERCIAL
CHAPTER 311 - COMMERCIAL MOTOR VEHICLE SAFETY
SUBCHAPTER II - LENGTH AND WIDTH LIMITATIONS

-HEAD-
Sec. 31113. Width limitations

-STATUTE-
(a) General Limitations. - (1) Except as provided in subsection
(e) of this section, a State (except Hawaii) may not prescribe or
enforce a regulation of commerce that imposes a vehicle width
limitation of more or less than 102 inches on a commercial motor
vehicle operating on -
(A) a segment of the Dwight D. Eisenhower System of Interstate
and Defense Highways (except a segment exempted under subsection
(e) of this section);
(B) a qualifying Federal-aid highway designated by the
Secretary of Transportation, with traffic lanes designed to be at
least 12 feet wide; or
(C) a qualifying Federal-aid Primary System highway designated
by the Secretary if the Secretary decides the designation is
consistent with highway safety.

(2) Notwithstanding paragraph (1) of this subsection, a State may
continue to enforce a regulation of commerce in effect on April 6,
1983, that applies to a commercial motor vehicle of more than 102
inches in width, until the date on which the State prescribes a
regulation of commerce that complies with this subsection.
(3) A Federal-aid highway (except an interstate highway) not
designated under this subsection on June 5, 1984, may be designated
under this subsection only with the agreement of the chief
executive officer of the State in which the highway is located.
(b) Exclusion of Safety and Energy Conservation Devices. - Width
calculated under this section does not include a safety or energy
conservation device the Secretary decides is necessary for safe and
efficient operation of a commercial motor vehicle.
(c) Special Use Permits. - A State may grant a special use permit
to a commercial motor vehicle that is more than 102 inches in
width.
(d) State Enforcement. - Consistent with this section, a State
may enforce a commercial motor vehicle width limitation of 102
inches on a segment of the Dwight D. Eisenhower System of
Interstate and Defense Highways (except a segment exempted under
subsection (e) of this section) or other qualifying Federal-aid
highway designated by the Secretary.
(e) Exemptions. - (1) If the chief executive officer of a State,
after consulting under paragraph (2) of this subsection, decides a
segment of the Dwight D. Eisenhower System of Interstate and
Defense Highways is not capable of safely accommodating a
commercial motor vehicle having the width provided in subsection
(a) of this section, the chief executive officer may notify the
Secretary of that decision and request the Secretary to exempt that
segment from subsection (a) to allow the State to impose a width
limitation of less than 102 inches for a vehicle (except a bus) on
that segment.
(2) Before making a decision under paragraph (1) of this
subsection, the chief executive officer shall consult with units of
local government in the State in which the segment of the Dwight D.
Eisenhower System of Interstate and Defense Highways is located and
with the chief executive officer of any adjacent State that may be
directly affected by the exemption. As part of the consultations,
consideration shall be given to any potential alternative route
that serves the area in which the segment is located and can safely
accommodate a commercial motor vehicle having the width provided
for in subsection (a) of this section.
(3) A chief executive officer's notification under this
subsection must include specific evidence of safety problems
supporting the officer's decision and the results of consultations
about alternative routes.
(4)(A) If the Secretary decides, on request of a chief executive
officer or on the Secretary's own initiative, a segment of the
Dwight D. Eisenhower System of Interstate and Defense Highways is
not capable of safely accommodating a commercial motor vehicle
having a width provided in subsection (a) of this section, the
Secretary shall exempt the segment from subsection (a) to allow the
State to impose a width limitation of less than 102 inches for a
vehicle (except a bus) on that segment. Before making a decision
under this paragraph, the Secretary shall consider any possible
alternative route that serves the area in which the segment is
located.
(B) The Secretary shall make a decision about a specific segment
not later than 120 days after the date of receipt of notification
from a chief executive officer under paragraph (1) of this
subsection or the date on which the Secretary initiates action
under subparagraph (A) of this paragraph, whichever is applicable.
If the Secretary finds the decision will not be made in time, the
Secretary immediately shall notify Congress, giving the reasons for
the delay, information about the resources assigned, and the
projected date for the decision.
(C) Before making a decision, the Secretary shall give an
interested person notice and an opportunity for comment. If the
Secretary exempts a segment under this subsection before the final
regulations under subsection (a) of this section are prescribed,
the Secretary shall include the exemption as part of the final
regulations. If the Secretary exempts the segment after the final
regulations are prescribed, the Secretary shall publish the
exemption as an amendment to the final regulations.

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

-MISC1-



HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at Large)
Section
--------------------------------------------------------------------
31113(a) 49 App.:2316(a), Jan. 6, 1983, Pub. L.
(f). 97-424, 96 Stat. 2097, Sec.
416(a), (d), (f); added Apr.
5, 1983, Pub. L. 98-17, Sec.
1(a), 97 Stat. 59; Oct. 30,
1984, Pub. L. 98-554, Secs.
103(1), 104(d), (e), 105, 98
Stat. 2830, 2831.
31113(b) 49 App.:2316(b). Jan. 6, 1983, Pub. L.
97-424, 96 Stat. 2097, Sec.
416(b), (c); added Apr. 5,
1983, Pub. L. 98-17, Sec.
1(a), 97 Stat. 59.
31113(c) 49 App.:2316(c).
31113(d) 49 App.:2316(d).
31113(e) 49 App.:2316(e). Jan. 6, 1983, Pub. L.
97-424, 96 Stat. 2097, Sec.
416(e); added Oct. 30, 1984,
Pub. L. 98-554, Sec. 103(2),
98 Stat. 2830.
--------------------------------------------------------------------

In this section, the word "commercial" is added before "motor
vehicle" for consistency. The words "Dwight D. Eisenhower System of
Interstate and Defense Highways" are substituted for "National
System of Interstate and Defense Highways" because of the Act of
October 15, 1990 (Public Law 101-427, 104 Stat. 927).
In subsection (a)(1), before clause (A), the text of 49
App.:2316(f) is omitted as obsolete. The word "prescribe" is
substituted for "establish, maintain" for consistency in the
revised title and with other titles of the United States Code. The
words "a commercial motor vehicle operating on" are added for
clarity.
In subsection (b), the words "or energy conservation" are added
for consistency with section 31111(d) of the revised title and
because of the reference to "efficient operation".
In subsection (e)(4)(C), the word "amendment" is substituted for
"revision" for consistency in the revised title.

-End-



-CITE-
49 USC Sec. 31114 01/03/2007

-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS
PART B - COMMERCIAL
CHAPTER 311 - COMMERCIAL MOTOR VEHICLE SAFETY
SUBCHAPTER II - LENGTH AND WIDTH LIMITATIONS

-HEAD-
Sec. 31114. Access to the Interstate System

-STATUTE-
(a) Prohibition on Denying Access. - A State may not enact or
enforce a law denying to a commercial motor vehicle subject to this
subchapter or subchapter I of this chapter reasonable access
between -
(1) the Dwight D. Eisenhower System of Interstate and Defense
Highways (except a segment exempted under section 31111(f) or
31113(e) of this title) and other qualifying Federal-aid Primary
System highways designated by the Secretary of Transportation;
and
(2) terminals, facilities for food, fuel, repairs, and rest,
and points of loading and unloading for household goods carriers,
motor carriers of passengers, or any truck tractor-semitrailer
combination in which the semitrailer has a length of not more
than 28.5 feet and that generally operates as part of a vehicle
combination described in section 31111(c) of this title.

(b) Exception. - This section does not prevent a State or local
government from imposing reasonable restrictions, based on safety
considerations, on a truck tractor-semitrailer combination in which
the semitrailer has a length of not more than 28.5 feet and that
generally operates as part of a vehicle combination described in
section 31111(c) of this title.

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

-MISC1-



HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at Large)
Section
--------------------------------------------------------------------
31114(a) 49 App.:2312(a). Jan. 6, 1983, Pub. L.
97-424, Sec. 412, 96 Stat.
2160; Oct. 30, 1984, Pub. L.
98-554, Secs. 104(c), 106,
98 Stat. 2831, 2832; Dec.
18, 1991, Pub. L. 102-240,
Sec. 4006(b)(2), 105 Stat.
2151.
31114(b) 49 App.:2312(b).
--------------------------------------------------------------------

In subsection (a), the words "Dwight D. Eisenhower System of
Interstate and Defense Highways" are substituted for "Interstate
and Defense Highway System" for consistency in the revised chapter.

-End-



-CITE-
49 USC Sec. 31115 01/03/2007

-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS
PART B - COMMERCIAL
CHAPTER 311 - COMMERCIAL MOTOR VEHICLE SAFETY
SUBCHAPTER II - LENGTH AND WIDTH LIMITATIONS

-HEAD-
Sec. 31115. Enforcement

-STATUTE-
On the request of the Secretary of Transportation, the Attorney
General shall bring a civil action for appropriate injunctive
relief to ensure compliance with this subchapter or subchapter I of
this chapter. The action may be brought in a district court of the
United States in any State in which the relief is required. On a
proper showing, the court shall issue a temporary restraining order
or preliminary or permanent injunction. An injunction under this
section may order a State or person to comply with this subchapter,
subchapter I, or a regulation prescribed under this subchapter or
subchapter I.

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

-MISC1-



HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at Large)
Section
--------------------------------------------------------------------
31115 49 App.:2313. Jan. 6, 1983, Pub. L.
97-424, Sec. 413, 96 Stat.
2160; Oct. 30, 1984, Pub. L.
98-554, Sec. 214, 98 Stat.
2844.
--------------------------------------------------------------------

The words "to assure compliance with the terms of this chapter"
and "In any action under this section" are omitted as surplus. The
last sentence is substituted for 49 App.:2313 (last sentence) for
clarity and to eliminate unnecessary words.

-End-


-CITE-
49 USC SUBCHAPTER III - SAFETY REGULATION 01/03/2007

-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS
PART B - COMMERCIAL
CHAPTER 311 - COMMERCIAL MOTOR VEHICLE SAFETY
SUBCHAPTER III - SAFETY REGULATION

-HEAD-
SUBCHAPTER III - SAFETY REGULATION

-End-



-CITE-
49 USC Sec. 31131 01/03/2007

-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS
PART B - COMMERCIAL
CHAPTER 311 - COMMERCIAL MOTOR VEHICLE SAFETY
SUBCHAPTER III - SAFETY REGULATION

-HEAD-
Sec. 31131. Purposes and findings

-STATUTE-
(a) Purposes. - The purposes of this subchapter are -
(1) to promote the safe operation of commercial motor vehicles;
(2) to minimize dangers to the health of operators of
commercial motor vehicles and other employees whose employment
directly affects motor carrier safety; and
(3) to ensure increased compliance with traffic laws and with
the commercial motor vehicle safety and health regulations and
standards prescribed and orders issued under this chapter.

(b) Findings. - Congress finds -
(1) it is in the public interest to enhance commercial motor
vehicle safety and thereby reduce highway fatalities, injuries,
and property damage;
(2) improved, more uniform commercial motor vehicle safety
measures and strengthened enforcement would reduce the number of
fatalities and injuries and the level of property damage related
to commercial motor vehicle operations;
(3) enhanced protection of the health of commercial motor
vehicle operators is in the public interest; and
(4) interested State governments can provide valuable
assistance to the United States Government in ensuring that
commercial motor vehicle operations are conducted safely and
healthfully.

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

-MISC1-



HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at Large)
Section
--------------------------------------------------------------------
31131(a) 49 App.:2501. Oct. 30, 1984, Pub. L.
98-554, Secs. 202, 203, 98
Stat. 2832.
31131(b) 49 App.:2502.
--------------------------------------------------------------------

In subsection (a)(3), the words "this chapter" are substituted
for "this Act" because title II of the Act of October 30, 1984
(Public Law 98-554, 98 Stat. 2832), amended and enacted provisions
restated in this chapter.

TRAFFIC LAW INITIATIVE
Pub. L. 106-159, title II, Sec. 220, Dec. 9, 1999, 113 Stat.
1769, provided that:
"(a) In General. - In cooperation with one or more States, the
Secretary may carry out a program to develop innovative methods of
improving motor carrier compliance with traffic laws. Such methods
may include the use of photography and other imaging technologies.
"(b) Report. - The Secretary shall transmit to Congress a report
on the results of any program conducted under this section,
together with any recommendations as the Secretary determines
appropriate."

-End-



-CITE-
49 USC Sec. 31132 01/03/2007

-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS
PART B - COMMERCIAL
CHAPTER 311 - COMMERCIAL MOTOR VEHICLE SAFETY
SUBCHAPTER III - SAFETY REGULATION

-HEAD-
Sec. 31132. Definitions

-STATUTE-
In this subchapter -
(1) "commercial motor vehicle" means a self-propelled or towed
vehicle used on the highways in interstate commerce to transport
passengers or property, if the vehicle -
(A) has a gross vehicle weight rating or gross vehicle weight
of at least 10,001 pounds, whichever is greater;
(B) is designed or used to transport more than 8 passengers
(including the driver) for compensation;
(C) is designed or used to transport more than 15 passengers,
including the driver, and is not used to transport passengers
for compensation; or
(D) is used in transporting material found by the Secretary
of Transportation to be hazardous under section 5103 of this
title and transported in a quantity requiring placarding under
regulations prescribed by the Secretary under section 5103.

(2) "employee" means an operator of a commercial motor vehicle
(including an independent contractor when operating a commercial
motor vehicle), a mechanic, a freight handler, or an individual
not an employer, who -
(A) directly affects commercial motor vehicle safety in the
course of employment; and
(B) is not an employee of the United States Government, a
State, or a political subdivision of a State acting in the
course of the employment by the Government, a State, or a
political subdivision of a State.

(3) "employer" -
(A) means a person engaged in a business affecting interstate
commerce that owns or leases a commercial motor vehicle in
connection with that business, or assigns an employee to
operate it; but
(B) does not include the Government, a State, or a political
subdivision of a State.

(4) "interstate commerce" means trade, traffic, or
transportation in the United States between a place in a State
and -
(A) a place outside that State (including a place outside the
United States); or
(B) another place in the same State through another State or
through a place outside the United States.

(5) "intrastate commerce" means trade, traffic, or
transportation in a State that is not interstate commerce.
(6) "medical examiner" means an individual licensed, certified,
or registered in accordance with regulations issued by the
Federal Motor Carrier Safety Administration as a medical
examiner.
(7) "regulation" includes a standard or order.
(8) "State" means a State of the United States, the District of
Columbia, and, in sections 31136 and 31140-31142 (!1) of this
title, a political subdivision of a State.

(9) "State law" includes a law enacted by a political
subdivision of a State.
(10) "State regulation" includes a regulation prescribed by a
political subdivision of a State.
(11) "United States" means the States of the United States and
the District of Columbia.

-SOURCE-
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1000; Pub. L.
104-88, title I, Sec. 104(f), Dec. 29, 1995, 109 Stat. 919; Pub. L.
105-178, title IV, Sec. 4008(a), June 9, 1998, 112 Stat. 404; Pub.
L. 109-59, title IV, Sec. 4116(c), Aug. 10, 2005, 119 Stat. 1728.)

-MISC1-



HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at Large)
Section
--------------------------------------------------------------------
31132 49 App.:2503. Oct. 30, 1984, Pub. L.
98-554, Sec. 204, 98 Stat.
2833.
--------------------------------------------------------------------

The text of 49 App.:2503(6) is omitted as unnecessary because of
1:1. The text of 49 App.:2503(8) is omitted as surplus because the
complete name of the Commercial Motor Vehicle Safety Regulatory
Review Panel is used the first time the term appears in a section.
The text of 49 App.:2503(9) is omitted as surplus because the
complete name of the Secretary of Transportation is used the first
time the term appears in a section.

-REFTEXT-
REFERENCES IN TEXT
Section 31140 of this title, referred to in par. (8), was
repealed by Pub. L. 105-178, title IV, Sec. 4008(d), June 9, 1998,
112 Stat. 404.


-MISC2-
AMENDMENTS
2005 - Pars. (6) to (11). Pub. L. 109-59 added par. (6) and
redesignated former pars. (6) to (10) as (7) to (11), respectively.
1998 - Par. (1)(A). Pub. L. 105-178, Sec. 4008(a)(1), inserted
"or gross vehicle weight" after "rating" and ", whichever is
greater" after "pounds".
Par. (1)(B). Pub. L. 105-178, Sec. 4008(a)(2), which directed
substitution of "more than 8 passengers (including the driver) for
compensation;" for "passengers" and all that follows through
semicolon at end, was executed by making the substitution for
"passengers for compensation, but excluding vehicles providing
taxicab service and having a capacity of not more than 6 passengers
and not operated on a regular route or between specified places;"
to reflect the probable intent of Congress.
1995 - Par. (1)(B) to (D). Pub. L. 104-88 added subpars. (B) and
(C), redesignated former subpar. (C) as (D), and struck out former
subpar. (B) which read as follows: "is designed to transport more
than 15 passengers including the driver; or".

EFFECTIVE DATE OF 1995 AMENDMENT
Amendment by Pub. L. 104-88 effective Jan. 1, 1996, see section 2
of Pub. L. 104-88, set out as an Effective Date note under section
701 of this title.

-FOOTNOTE-
(!1) See References in Text note below.


-End-



-CITE-
49 USC Sec. 31133 01/03/2007

-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS
PART B - COMMERCIAL
CHAPTER 311 - COMMERCIAL MOTOR VEHICLE SAFETY
SUBCHAPTER III - SAFETY REGULATION

-HEAD-
Sec. 31133. General powers of the Secretary of Transportation

-STATUTE-
(a) General. - In carrying out this subchapter and regulations
prescribed under section 31102 of this title, the Secretary of
Transportation may -
(1) conduct and make contracts for inspections and
investigations;
(2) compile statistics;
(3) make reports;
(4) issue subpenas;
(5) require production of records and property;
(6) take depositions;
(7) hold hearings;
(8) prescribe recordkeeping and reporting requirements;
(9) conduct or make contracts for studies, development,
testing, evaluation, and training; and
(10) perform other acts the Secretary considers appropriate.

(b) Consultation. - In conducting inspections and investigations
under subsection (a) of this section, the Secretary shall consult,
as appropriate, with employers and employees and their authorized
representatives and offer them a right of accompaniment.
(c) Delegation. - The Secretary may delegate to a State receiving
a grant under section 31102 of this title those duties and powers
related to enforcement (including conducting investigations) of
this subchapter and regulations prescribed under this subchapter
that the Secretary considers appropriate.

-SOURCE-
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1001; Pub. L.
105-178, title IV, Sec. 4006(a), June 9, 1998, 112 Stat. 401.)

-MISC1-



HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at Large)
Section
--------------------------------------------------------------------
31133(a) 49 App.:2510(a), Oct. 30, 1984, Pub. L.
(b) (1st sentence). 98-554, Sec. 211, 98 Stat.
2841.
31133(b) 49 App.:2510(c).
31133(c) 49 App.:2510(b)
(last sentence).
--------------------------------------------------------------------

In subsection (a), the words before clause (1) are substituted
for "In carrying out the Secretary's functions under this chapter,
the Secretary is authorized to" and "to carry out the provisions of
this chapter, or regulations issued pursuant to section 2302 of
this Appendix" to eliminate unnecessary words. Clause (10) is
substituted for "perform such acts . . . as the Secretary
determines necessary". The text of 49 App.:2510(a) is omitted as
covered by 49 App.:2510(b) (1st sentence).
In subsection (b), the words "In conducting inspections and
investigations" are substituted for "To carry out the Secretary's
inspection and investigation functions" to eliminate unnecessary
words. The words "or the Secretary's agent" are omitted as
unnecessary.

AMENDMENTS
1998 - Subsec. (a)(1). Pub. L. 105-178 inserted "and make
contracts for" after "conduct".

BORDER STAFFING STANDARDS
Pub. L. 106-159, title II, Sec. 218, Dec. 9, 1999, 113 Stat.
1767, provided that:
"(a) Development and Implementation. - Not later than 1 year
after the date of the enactment of this Act [Dec. 9, 1999], the
Secretary shall develop and implement appropriate staffing
standards for Federal and State motor carrier safety inspectors in
international border areas.
"(b) Factors To Be Considered. - In developing standards under
subsection (a), the Secretary shall consider volume of traffic,
hours of operation of the border facility, types of commercial
motor vehicles, types of cargo, delineation of responsibility
between Federal and State inspectors, and such other factors as the
Secretary determines appropriate.
"(c) Maintenance of Effort. - The standards developed and
implemented under subsection (a) shall ensure that the United
States and each State will not reduce its respective level of
staffing of motor carrier safety inspectors in international border
areas from its average level staffing for fiscal year 2000.
"(d) Border Commercial Motor Vehicle and Safety Enforcement
Programs. -
"(1) Enforcement. - If, on October 1, 2001, and October 1 of
each fiscal year thereafter, the Secretary has not ensured that
the levels of staffing required by the standards developed under
subsection (a) are deployed, the Secretary should designate the
amount made available for allocation under section 31104(f)(2)(B)
of title 49, United States Code, for such fiscal year for States,
local governments, and other persons for carrying out border
commercial motor vehicle safety programs and enforcement
activities and projects.
"(2) Allocation. - If the Secretary makes a designation of an
amount under paragraph (1), such amount shall be allocated by the
Secretary to State agencies, local governments, and other persons
that use and train qualified officers and employees in
coordination with State motor vehicle safety agencies.
"(3) Limitation. - If the Secretary makes a designation
pursuant to paragraph (1) for a fiscal year, the Secretary may
not make a designation under section 31104(f)(2)(B) of title 49,
United States Code, for such fiscal year."

-End-



-CITE-
49 USC Sec. 31134 01/03/2007

-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS
PART B - COMMERCIAL
CHAPTER 311 - COMMERCIAL MOTOR VEHICLE SAFETY
SUBCHAPTER III - SAFETY REGULATION

-HEAD-
Sec. 31134. Repealed.

-MISC1-
[Sec. 31134. Repealed. Pub. L. 105-178, title IV, Sec. 4008(c),
June 9, 1998, 112 Stat. 404].
Section, Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat.
1001; Pub. L. 104-287, Sec. 5(9), Oct. 11, 1996, 110 Stat. 3389,
related to Commercial Motor Vehicle Safety Regulatory Review Panel.

-End-



-CITE-
49 USC Sec. 31135 01/03/2007

-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS
PART B - COMMERCIAL
CHAPTER 311 - COMMERCIAL MOTOR VEHICLE SAFETY
SUBCHAPTER III - SAFETY REGULATION

-HEAD-
Sec. 31135. Duties of employers and employees

-STATUTE-
(a) In General. - Each employer and employee shall comply with
regulations on commercial motor vehicle safety prescribed by the
Secretary of Transportation under this subchapter that apply to the
employer's or employee's conduct.
(b) Pattern of Noncompliance. - If the Secretary finds that an
officer of a motor carrier engages or has engaged in a pattern or
practice of avoiding compliance, or masking or otherwise concealing
noncompliance, with regulations on commercial motor vehicle safety
prescribed under this subchapter, while serving as an officer of
any motor carrier, the Secretary may suspend, amend, or revoke any
part of the motor carrier's registration under section 13905.
(c) Regulations. - Not later than 1 year after the date of
enactment of this subsection, the Secretary shall by regulation
establish standards to implement subsection (b).
(d) Definitions. - In this section, the following definitions
apply:
(1) Motor carrier. - The term "motor carrier" has the meaning
such term has under section 13102.
(2) Officer. - The term "officer" means an owner, director,
chief executive officer, chief operating officer, chief financial
officer, safety director, vehicle maintenance supervisor, and
driver supervisor of a motor carrier, regardless of the title
attached to those functions, and any person, however designated,
exercising controlling influence over the operations of a motor
carrier.

-SOURCE-
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1003; Pub. L.
109-59, title IV, Sec. 4113(a), Aug. 10, 2005, 119 Stat. 1724.)

-MISC1-



HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at Large)
Section
--------------------------------------------------------------------
31135 49 App.:2504. Oct. 30, 1984, Pub. L.
98-554, Sec. 205, 98 Stat.
2834.
--------------------------------------------------------------------


-REFTEXT-
REFERENCES IN TEXT
The date of enactment of this subsection, referred to in subsec.
(c), is the date of enactment of Pub. L. 109-59, which was approved
Aug. 10, 2005.


-MISC2-
AMENDMENTS
2005 - Pub. L. 109-59 designated existing provisions as subsec.
(a), inserted heading, and added subsecs. (b) to (d).

-End-



-CITE-
49 USC Sec. 31136 01/03/2007

-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS
PART B - COMMERCIAL
CHAPTER 311 - COMMERCIAL MOTOR VEHICLE SAFETY
SUBCHAPTER III - SAFETY REGULATION

-HEAD-
Sec. 31136. United States Government regulations

-STATUTE-
(a) Minimum Safety Standards. - Subject to section 30103(a) of
this title, the Secretary of Transportation shall prescribe
regulations on commercial motor vehicle safety. The regulations
shall prescribe minimum safety standards for commercial motor
vehicles. At a minimum, the regulations shall ensure that -
(1) commercial motor vehicles are maintained, equipped, loaded,
and operated safely;
(2) the responsibilities imposed on operators of commercial
motor vehicles do not impair their ability to operate the
vehicles safely;
(3) the physical condition of operators of commercial motor
vehicles is adequate to enable them to operate the vehicles
safely and the periodic physical examinations required of such
operators are performed by medical examiners who have received
training in physical and medical examination standards and, after
the national registry maintained by the Department of
Transportation under section 31149(d) is established, are listed
on such registry; and
(4) the operation of commercial motor vehicles does not have a
deleterious effect on the physical condition of the operators.

(b) Eliminating and Amending Existing Regulations. - The
Secretary may not eliminate or amend an existing motor carrier
safety regulation related only to the maintenance, equipment,
loading, or operation (including routing) of vehicles carrying
material found to be hazardous under section 5103 of this title
until an equivalent or more stringent regulation has been
prescribed under section 5103.
(c) Procedures and Considerations. - (1) A regulation under this
section shall be prescribed under section 553 of title 5 (without
regard to sections 556 and 557 of title 5).
(2) Before prescribing regulations under this section, the
Secretary shall consider, to the extent practicable and consistent
with the purposes of this chapter -
(A) costs and benefits; and
(B) State laws and regulations on commercial motor vehicle
safety, to minimize their unnecessary preemption.

(d) Effect of Existing Regulations. - If the Secretary does not
prescribe regulations on commercial motor vehicle safety under this
section, regulations on commercial motor vehicle safety prescribed
by the Secretary before October 30, 1984, and in effect on October
30, 1984, shall be deemed in this subchapter to be regulations
prescribed by the Secretary under this section.
(e) Exemptions. - The Secretary may grant in accordance with
section 31315 waivers and exemptions from, or conduct pilot
programs with respect to, any regulations prescribed under this
section.
(f) Limitations on Municipality and Commercial Zone Exemptions
and Waivers. - (1) The Secretary may not -
(A) exempt a person or commercial motor vehicle from a
regulation related to commercial motor vehicle safety only
because the operations of the person or vehicle are entirely in a
municipality or commercial zone of a municipality; or
(B) waive application to a person or commercial motor vehicle
of a regulation related to commercial motor vehicle safety only
because the operations of the person or vehicle are entirely in a
municipality or commercial zone of a municipality.

(2) If a person was authorized to operate a commercial motor
vehicle in a municipality or commercial zone of a municipality in
the United States for the entire period from November 19, 1987,
through November 18, 1988, and if the person is otherwise qualified
to operate a commercial motor vehicle, the person may operate a
commercial motor vehicle entirely in a municipality or commercial
zone of a municipality notwithstanding -
(A) paragraph (1) of this subsection;
(B) a minimum age requirement of the United States Government
for operation of the vehicle; and
(C) a medical or physical condition that -
(i) would prevent an operator from operating a commercial
motor vehicle under the commercial motor vehicle safety
regulations in title 49, Code of Federal Regulations;
(ii) existed on July 1, 1988;
(iii) has not substantially worsened; and
(iv) does not involve alcohol or drug abuse.

(3) This subsection does not affect a State commercial motor
vehicle safety law applicable to intrastate commerce.

-SOURCE-
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1003; Pub. L.
104-59, title III, Sec. 344, Nov. 28, 1995, 109 Stat. 610; Pub. L.
104-287, Sec. 5(60), Oct. 11, 1996, 110 Stat. 3394; Pub. L. 105-
178, title IV, Sec. 4007(c), June 9, 1998, 112 Stat. 403; Pub. L.
109-59, title IV, Sec. 4116(b), Aug. 10, 2005, 119 Stat. 1728.)

-MISC1-



HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at Large)
Section
--------------------------------------------------------------------
31136(a) 49 App.:2505(a), Oct. 30, 1984, Pub. L.
(g). 98-554, Sec. 206(a)-(g), 98
Stat. 2834.
31136(b) 49 App.:2505(b).
31136(c) 49 App.:2505(c).
31136(d) 49 App.:2505(d),
(e).
31136(e) 49 App.:2505(f).
31136(f) 49 App.:2505(h). Oct. 30, 1984, Pub. L.
98-554, Sec. 206(h), 98
Stat. 2835; restated Nov.
18, 1988, Pub. L. 100-690,
Sec. 9102(a), 102 Stat. 4528.
--------------------------------------------------------------------

In subsection (a), the text of 49 App.:2505(g) is omitted because
5:ch. 7 applies unless otherwise stated. Before clause (1), the
words "Not later than 18 months after October 30, 1984" are omitted
because the time period specified has expired. The words "Subject
to section 30103(a) of this title" are added to alert the reader to
that section.
In subsection (c)(1), the words "except that the time periods
specified in this subsection shall apply to the issuance of such
regulations" are omitted because the time periods referred to do
not appear in subsection (c) as enacted. The reference was probably
to the time periods in a prior version of subsection (c). See S.
2174, 98th Cong., 2d Sess., Sec. 6(b) (as reported by the Committee
on Commerce, Science, and Transportation of the Senate on May 2,
1984, in S. Rept. 98-424).
In subsection (d), the text of 49 App.:2505(d) is omitted as
obsolete.
In subsection (f)(2)(C)(i), the words "an operator" are
substituted for "such person" because only a natural person can
have a medical or physical condition.

AMENDMENTS
2005 - Subsec. (a)(3). Pub. L. 109-59 amended par. (3) generally.
Prior to amendment, par. (3) read as follows: "the physical
condition of operators of commercial motor vehicles is adequate to
enable them to operate the vehicles safely; and".
1998 - Subsec. (e). Pub. L. 105-178 amended heading and text of
subsec. (e) generally. Prior to amendment, subsec. (e) consisted of
pars. (1) to (3) relating to waivers.
1996 - Subsec. (e)(2)(A), (J), (3). Pub. L. 104-287 substituted
"November 28, 1995" for "the date of the enactment of this
paragraph".
1995 - Subsec. (e)(1) to (3). Pub. L. 104-59 designated existing
text as par. (1) and inserted heading, and added pars. (2) and (3).

HOURS OF SERVICE RULES FOR OPERATORS PROVIDING TRANSPORTATION TO
MOVIE PRODUCTION SITES
Pub. L. 109-59, title IV, Sec. 4133, Aug. 10, 2005, 119 Stat.
1744, provided that: "Notwithstanding sections 31136 and 31502 of
title 49, United States Code, and any other provision of law, the
maximum daily hours of service for an operator of a commercial
motor vehicle providing transportation of property or passengers to
or from a theatrical or television motion picture production site
located within a 100 air mile radius of the work reporting location
of such operator shall be those in effect under the regulations in
effect under such sections on April 27, 2003."

INTERSTATE VAN OPERATIONS
Pub. L. 109-59, title IV, Sec. 4136, Aug. 10, 2005, 119 Stat.
1745, provided that: "The Federal motor carrier safety regulations
that apply to interstate operations of commercial motor vehicles
designed to transport between 9 and 15 passengers (including the
driver) shall apply to all interstate operations of such carriers
regardless of the distance traveled."

AUTHORITY TO PROMULGATE SAFETY STANDARDS FOR RETROFITTING
Pub. L. 106-159, title I, Sec. 101(f), Dec. 9, 1999, 113 Stat.
1752, provided that: "The authority under title 49, United States
Code, to promulgate safety standards for commercial motor vehicles
and equipment subsequent to initial manufacture is vested in the
Secretary and may be delegated."

CERTAIN EXEMPTIONS
Pub. L. 106-159, title II, Sec. 229, as added and amended by Pub.
L. 109-59, title IV, Secs. 4115(a), (c), 4130-4132, 4147, Aug. 10,
2005, 119 Stat. 1726, 1743, 1744, 1749, provided that:
"(a) Exemptions. -
"(1) Transportation of agricultural commodities and farm
supplies. - Regulations prescribed by the Secretary [of
Transportation] under sections 31136 and 31502 [of title 49,
United States Code] regarding maximum driving and on-duty time
for drivers used by motor carriers shall not apply during
planting and harvest periods, as determined by each State, to
drivers transporting agricultural commodities or farm supplies
for agricultural purposes in a State if such transportation is
limited to an area within a 100 air mile radius from the source
of the commodities or the distribution point for the farm
supplies.
"(2) Transportation and operation of ground water well drilling
rigs. - Such regulations shall, in the case of a driver of a
commercial motor vehicle who is used primarily in the
transportation and operation of a ground water well drilling rig,
permit any period of 7 or 8 consecutive days to end with the
beginning of an off-duty period of 24 or more consecutive hours
for the purposes of determining maximum driving and on-duty time.
Except as required in section 395.3 of title 49, Code of Federal
Regulations, as in effect on the date of enactment of this
sentence [Aug. 10, 2005], no additional off-duty time shall be
required in order to operate such vehicle.
"(3) Transportation of construction materials and equipment. -
Such regulations shall, in the case of a driver of a commercial
motor vehicle who is used primarily in the transportation of
construction materials and equipment, permit any period of 7 or 8
consecutive days to end with the beginning of an off-duty period
of 24 or more consecutive hours for the purposes of determining
maximum driving and on-duty time.
"(4) Operators of utility service vehicles. -
"(A) Inapplicability of federal regulations. - Such
regulations shall not apply to a driver of a utility service
vehicle.
"(B) Prohibition on state regulations. - A State, a political
subdivision of a State, an interstate agency, or other entity
consisting of two or more States, shall not enact or enforce
any law, rule, regulation, or standard that imposes
requirements on a driver of a utility service vehicle that are
similar to the requirements contained in such regulations.
"(5) Snow and ice removal. - A State may waive the requirements
of chapter 313 of title 49, United States Code, with respect to a
vehicle that is being operated within the boundaries of an
eligible unit of local government by an employee of such unit for
the purpose of removing snow or ice from a roadway by plowing,
sanding, or salting. Such waiver authority shall only apply in a
case where the employee is needed to operate the vehicle because
the employee of the eligible unit of local government who
ordinarily operates the vehicle and who has a commercial drivers
license is unable to operate the vehicle or is in need of
additional assistance due to a snow emergency.
"(b) Preemption. - Except as provided in subsection (a)(4),
nothing contained in this section shall require the preemption of
State laws and regulations concerning the safe operation of
commercial motor vehicles as the result of exemptions from Federal
requirements provided under this section.
"(c) Review by the Secretary. - The Secretary [of Transportation]
may conduct a rulemaking proceeding to determine whether granting
any exemption provided by subsection (a) (other than paragraph (1),
(2), or (4)) is not in the public interest and would have a
significant adverse impact on the safety of commercial motor
vehicles. If, at any time as a result of such a proceeding, the
Secretary determines that granting such exemption would not be in
the public interest and would have a significant adverse impact on
the safety of commercial motor vehicles, the Secretary may prevent
the exemption from going into effect, modify the exemption, or
revoke the exemption. The Secretary may develop a program to
monitor the exemption, including agreements with carriers to permit
the Secretary to examine insurance information maintained by an
insurer on a carrier.
"(d) Report. - The Secretary shall monitor the commercial motor
vehicle safety performance of drivers of vehicles that are subject
to an exemption under this section. If the Secretary determines
that public safety has been adversely affected by an exemption
granted under this section, the Secretary shall report to Congress
on the determination.
"(e) Definitions. - In this section, the following definitions
apply:
"(1) 7 or 8 consecutive days. - The term '7 or 8 consecutive
days' means the period of 7 or 8 consecutive days beginning on
any day at the time designated by the motor carrier for a 24-hour
period.
"(2) 24-hour period. - The term '24-hour period' means any 24
consecutive hour period beginning at the time designated by the
motor carrier for the terminal from which the driver is normally
dispatched.
"(3) Ground water well drilling rig. - The term 'ground water
well drilling rig' means any vehicle, machine, tractor, trailer,
semi-trailer, or specialized mobile equipment propelled or drawn
by mechanical power and used on highways to transport water well
field operating equipment, including water well drilling and pump
service rigs equipped to access ground water.
"(4) Transportation of construction materials and equipment. -
The term 'transportation of construction materials and equipment'
means the transportation of construction and pavement materials,
construction equipment, and construction maintenance vehicles, by
a driver to or from an active construction site (a construction
site between initial mobilization of equipment and materials to
the site to the final completion of the construction project)
within a 50 air mile radius of the normal work reporting location
of the driver. This paragraph does not apply to the
transportation of material found by the Secretary to be hazardous
under section 5103 of title 49, United States Code, in a quantity
requiring placarding under regulations issued to carry out such
section.
"(5) Eligible unit of local government. - The term 'eligible
unit of local government' means a city, town, borough, county,
parish, district, or other public body created by or pursuant to
State law which has a total population of 3,000 individuals or
less.
"(6) Utility service vehicle. - The term 'utility service
vehicle' means any commercial motor vehicle -
"(A) used in the furtherance of repairing, maintaining, or
operating any structures or any other physical facilities
necessary for the delivery of public utility services,
including the furnishing of electric, gas, water, sanitary
sewer, telephone, and television cable or community antenna
service;
"(B) while engaged in any activity necessarily related to the
ultimate delivery of such public utility services to consumers,
including travel or movement to, from, upon, or between
activity sites (including occasional travel or movement outside
the service area necessitated by any utility emergency as
determined by the utility provider); and
"(C) except for any occasional emergency use, operated
primarily within the service area of a utility's subscribers or
consumers, without regard to whether the vehicle is owned,
leased, or rented by the utility.
"(7) Agricultural commodity. - The term 'agricultural
commodity' means any agricultural commodity, non-processed food,
feed, fiber, or livestock (including livestock as defined in
section 602 of the Emergency Livestock Feed Assistance Act of
1988 (7 U.S.C. 1471) and insects).
"(8) Farm supplies for agricultural purposes. - The term 'farm
supplies for agricultural purposes' means products directly
related to the growing or harvesting of agricultural commodities
during the planting and harvesting seasons within each State, as
determined by the State, and livestock feed at any time of the
year.
"(f) Emergency Condition Requiring Immediate Response. -
"(1) Propane or pipeline emergency. - A regulation prescribed
under section 31136 or 31502 of title 49, United States Code,
shall not apply to a driver of a commercial motor vehicle which
is used primarily in the transportation of propane winter heating
fuel or a driver of a motor vehicle used to respond to a pipeline
emergency if such regulations would prevent the driver from
responding to an emergency condition requiring immediate
response.
"(2) Definition. - An emergency condition requiring immediate
response is any condition that, if left unattended, is reasonably
likely to result in immediate serious bodily harm, death, or
substantial damage to property. In the case of propane such
conditions shall include (but are not limited to) the detection
of gas odor, the activation of carbon monoxide alarms, the
detection of carbon monoxide poisoning, and any real or suspected
damage to a propane gas system following a severe storm or
flooding. An 'emergency condition requiring an immediate
response' does not include requests to re-fill empty gas tanks.
In the case of pipelines such conditions include (but are not
limited to) indication of an abnormal pressure event, leak,
release or rupture."

PROTECTION OF EXISTING EXEMPTIONS
Pub. L. 105-178, title IV, Sec. 4007(d), June 9, 1998, 112 Stat.
404, provided that: "The amendments made by this section [amending
this section and section 31315 of this title] shall not apply to or
otherwise affect a waiver, exemption, or pilot program in effect on
the day before the date of enactment of this Act [June 9, 1998]
under chapter 313 or section 31136(e) of title 49, United States
Code."

APPLICATION OF REGULATIONS TO CERTAIN COMMERCIAL MOTOR VEHICLES
Pub. L. 105-178, title IV, Sec. 4008(b), June 9, 1998, 112 Stat.
404, provided that: "Effective on the last day of the 1-year period
beginning on the date of enactment of this Act [June 9, 1998],
regulations prescribed under section 31136 of title 49, United
States Code, shall apply to operators of commercial motor vehicles
described in section 31132(1)(B) of such title (as amended by
subsection (a)) to the extent that those regulations did not apply
to those operators on the day before such effective date, except to
the extent that the Secretary determines, through a rulemaking
proceeding, that it is appropriate to exempt such operators of
commercial motor vehicles from the application of those
regulations."

IMPROVED INTERSTATE SCHOOL BUS SAFETY
Pub. L. 105-178, title IV, Sec. 4024, June 9, 1998, 112 Stat.
416, as amended by Pub. L. 107-110, title X, Sec. 1076(ii), Jan. 8,
2002, 115 Stat. 2094, provided that: "Not later than 6 months after
the date of enactment of this Act [June 9, 1998], the Secretary
shall initiate a rulemaking proceeding to determine whether or not
relevant commercial motor carrier safety regulations issued under
section 31136 of title 49, United States Code, should apply to all
interstate school transportation operations by local educational
agencies (as defined in section 9101 of the Elementary and
Secondary Education Act of 1965 [20 U.S.C. 7801])."

FEDERAL HIGHWAY ADMINISTRATION RULEMAKING
Pub. L. 104-88, title IV, Sec. 408, Dec. 29, 1995, 109 Stat. 958,
provided that:
"(a) Advance Notice. - The Federal Highway Administration shall
issue an advance notice of proposed rulemaking dealing with a
variety of fatigue-related issues pertaining to commercial motor
vehicle motor vehicle safety (including 8 hours of continuous sleep
after 10 hours of driving, loading and unloading operations,
automated and tamper-proof recording devices, rest and recovery
cycles, fatigue and stress in longer combination vehicles, fitness
for duty, and other appropriate regulatory and enforcement
countermeasures for reducing fatigue-related incidents and
increasing driver alertness) not later than March 1, 1996.
"(b) Rulemaking. - The Federal Highway Administration shall issue
a notice of proposed rulemaking dealing with such issues within 1
year after issuance of the advance notice under subsection (a) is
published and shall issue a final rule dealing with those issues
within 2 years after the last day of such 1-year period."

EXEMPTIONS FROM REQUIREMENTS RELATING TO COMMERCIAL MOTOR VEHICLES
AND THEIR OPERATORS
Pub. L. 104-59, title III, Sec. 345, Nov. 28, 1995, 109 Stat.
613, which related to exemption from certain regulatory or
statutory requirements for transportation of agricultural
commodities and farm supplies, transportation and operation of
ground water well drilling rigs, transportation of construction
materials and equipment, utility service vehicles, and vehicles
operated for snow or ice removal, was repealed by Pub. L. 109-59,
title IV, Sec. 4115(d), Aug. 10, 2005, 119 Stat. 1726. The text of
former section 345 of Pub. L. 104-59 was inserted as part of
section 229 of Pub. L. 106-159, as added by section 4115(a) of Pub.
L. 109-59, and is set out above.

WINTER HOME HEATING OIL DELIVERY STATE FLEXIBILITY PROGRAM
Pub. L. 104-59, title III, Sec. 346, Nov. 28, 1995, 109 Stat.
615, as amended by Pub. L. 105-178, title I, Sec. 1211(j), June 9,
1998, 112 Stat. 192; Pub. L. 105-206, title IX, Sec. 9003(d)(3),
July 22, 1998, 112 Stat. 839, provided that:
"(a) In General. - After notice and opportunity for comment, the
Secretary shall develop and implement a pilot program for the
purpose of evaluating waivers of the regulations issued by the
Secretary pursuant to sections 31136 and 31502 of title 49, United
States Code, relating to maximum on-duty time, and sections 31102
and 31104(j) of such title, relating to the Motor Carrier Safety
Assistance Program, to permit any period of 7 or 8 consecutive days
to end with the beginning of an off-duty period of 24 or more
consecutive hours for the purposes of determining maximum on-duty
time for drivers of motor vehicles making intrastate home heating
oil deliveries that occur within 100 air miles of a central
terminal or distribution point of the delivery of such oil. The
Secretary may approve up to 5 States to participate in the pilot
program during the winter heating season in the 6-month period
beginning on November 1, 1996.
"(b) Approval Criteria. - The Secretary shall select States to
participate in the pilot program upon approval of applications
submitted by States to the Secretary. The Secretary shall act on a
State's application within 30 days after the date of its
submission. The Secretary may only approve an application of a
State under this section if the Secretary finds, at a minimum, that
-
"(1) a substantial number of the citizens of the State rely on
home heating oil for heat during winter months;
"(2) current maximum on-duty time regulations may endanger the
welfare of these citizens by impeding timely deliveries of home
heating oil;
"(3) the State will ensure an equal to or greater level of
safety with respect to home heating oil deliveries than the level
of safety resulting from compliance with the regulations referred
to in subsection (a);
"(4) the State will monitor the safety of home heating oil
deliveries while participating in the program;
"(5) employers of deliverers of home heating oil that will be
covered by the program will agree to make all safety data
developed from the pilot program available to the State and to
the Secretary;
"(6) the State will only permit employers of deliverers of home
heating oil with satisfactory safety records to be covered by the
program; and
"(7) the State will comply with such other criteria as the
Secretary determines are necessary to implement the program
consistent with this section.
"(c) Participation in Program. - Upon approval of an application
of a State under this section, the Secretary shall permit the State
to participate in the pilot program for an initial period of 15
days during the winter heating season of the State (as determined
by the Governor and the Secretary). If, after the last day of such
15-day period, the Secretary finds that a State's continued
participation in the program is consistent with this section and
has resulted in no significant adverse impact on public safety and
is in the public interest, the Secretary shall extend the State's
participation in the program for periods of up to 30 additional
days during such heating season.
"(d) Suspension From Program. - The Secretary may suspend a
State's participation in the pilot program at any time if the
Secretary finds -
"(1) that the State has not complied with any of the criteria
for participation in the program under this section;
"(2) that a State's participation in the program has caused a
significant adverse impact on public safety and is not in the
public interest; or
"(3) the existence of an emergency.
"(e) Review by Secretary. - Within 90 days after the completion
of the pilot program, the Secretary shall initiate a rulemaking to
determine, based in part on the results of the program, whether to -

"(1) permit a State to grant waivers of the regulations
referred to in subsection (a) to motor carriers transporting home
heating oil within the borders of the State, subject to such
conditions as the Secretary may impose, if the Secretary
determines that such waivers by the State meet the conditions in
section 31136(e) of title 49, United States Code; or
"(2) amend the regulations referred to in subsection (a) as may
be necessary to provide flexibility to motor carriers delivering
home heating oil during winter periods of peak demand.
"(f) Definition. - In this section, the term '7 or 8 consecutive
days' has the meaning such term has under section 345 of this Act
[set out above]."

-End-



-CITE-
49 USC Sec. 31137 01/03/2007

-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS
PART B - COMMERCIAL
CHAPTER 311 - COMMERCIAL MOTOR VEHICLE SAFETY
SUBCHAPTER III - SAFETY REGULATION

-HEAD-
Sec. 31137. Monitoring device and brake maintenance regulations

-STATUTE-
(a) Use of Monitoring Devices. - If the Secretary of
Transportation prescribes a regulation about the use of monitoring
devices on commercial motor vehicles to increase compliance by
operators of the vehicles with hours of service regulations of the
Secretary, the regulation shall ensure that the devices are not
used to harass vehicle operators. However, the devices may be used
to monitor productivity of the operators.
(b) Brakes and Brake Systems Maintenance Regulations. - Not later
than December 31, 1990, the Secretary shall prescribe regulations
on improved standards or methods to ensure that brakes and brake
systems of commercial motor vehicles are maintained properly and
inspected by appropriate employees. At a minimum, the regulations
shall establish minimum training requirements and qualifications
for employees responsible for maintaining and inspecting the brakes
and brake systems.

-SOURCE-
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1004.)

-MISC1-



HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at Large)
Section
--------------------------------------------------------------------
31137(a) 49 App.:2505 (note). Nov. 18, 1988, Pub. L.
100-690, Sec. 9104(b), 102
Stat. 4529.
31137(b) 49 App.:2521. Oct. 30, 1984, Pub. L.
98-554, 98 Stat. 2829, Sec.
231; added Nov. 18, 1988,
Pub. L. 100-690, Sec. 9110,
102 Stat. 4531.
--------------------------------------------------------------------

In subsection (b), the text of 49 App.:2521(a) is omitted as
executed.

-End-



-CITE-
49 USC Sec. 31138 01/03/2007

-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS
PART B - COMMERCIAL
CHAPTER 311 - COMMERCIAL MOTOR VEHICLE SAFETY
SUBCHAPTER III - SAFETY REGULATION

-HEAD-
Sec. 31138. Minimum financial responsibility for transporting
passengers

-STATUTE-
(a) General Requirement. - The Secretary of Transportation shall
prescribe regulations to require minimum levels of financial
responsibility sufficient to satisfy liability amounts established
by the Secretary covering public liability and property damage for
the transportation of passengers by commercial motor vehicle in the
United States between a place in a State and -
(1) a place in another State;
(2) another place in the same State through a place outside of
that State; or
(3) a place outside the United States.

(b) Minimum Amounts. - The level of financial responsibility
established under subsection (a) of this section for a motor
vehicle with a seating capacity of -
(1) at least 16 passengers shall be at least $5,000,000; and
(2) not more than 15 passengers shall be at least $1,500,000.

(c) Evidence of Financial Responsibility. - (1) Subject to
paragraph (2) of this subsection, financial responsibility may be
established by evidence of one or a combination of the following if
acceptable to the Secretary of Transportation:
(A) insurance, including high self-retention.
(B) a guarantee.
(C) a surety bond issued by a bonding company authorized to do
business in the United States.

(2) A person domiciled in a country contiguous to the United
States and providing transportation to which a minimum level of
financial responsibility under this section applies shall have
evidence of financial responsibility in the motor vehicle when the
person is providing the transportation. If evidence of financial
responsibility is not in the vehicle, the Secretary of
Transportation and the Secretary of the Treasury shall deny entry
of the vehicle into the United States.
(3) A motor carrier may obtain the required amount of financial
responsibility from more than one source provided the cumulative
amount is equal to the minimum requirements of this section.
(4) Other persons. - The Secretary may require a person, other
than a motor carrier (as defined in section 13102), transporting
passengers by commercial motor vehicle to file with the Secretary
the evidence of financial responsibility specified in subsection
(c)(1) in an amount not less than the greater of the amount
required by subsection (b)(1) or the amount required for such
person to transport passengers under the laws of the State or
States in which the person is operating; except that the amount of
the financial responsibility must be sufficient to pay not more
than the amount of the financial responsibility for each final
judgment against the person for bodily injury to, or death of, an
individual resulting from the negligent operation, maintenance, or
use of the commercial motor vehicle, or for loss or damage to
property, or both.
(d) Civil Penalty. - (1) If, after notice and an opportunity for
a hearing, the Secretary of Transportation finds that a person
(except an employee acting without knowledge) has knowingly
violated this section or a regulation prescribed under this
section, the person is liable to the United States Government for a
civil penalty of not more than $10,000 for each violation. A
separate violation occurs for each day the violation continues.
(2) The Secretary of Transportation shall impose the penalty by
written notice. In determining the amount of the penalty, the
Secretary shall consider -
(A) the nature, circumstances, extent, and gravity of the
violation;
(B) with respect to the violator, the degree of culpability,
any history of prior violations, the ability to pay, and any
effect on the ability to continue doing business; and
(C) other matters that justice requires.

(3) The Secretary of Transportation may compromise the penalty
before referring the matter to the Attorney General for collection.
(4) The Attorney General shall bring a civil action in an
appropriate district court of the United States to collect a
penalty referred to the Attorney General for collection under this
subsection.
(5) The amount of the penalty may be deducted from amounts the
Government owes the person. An amount collected under this section
shall be deposited in the Highway Trust Fund (other than the Mass
Transit Account).
(e) Nonapplication. - This section does not apply to a motor
vehicle -
(1) transporting only school children and teachers to or from
school;
(2) providing taxicab service (as defined in section 13102);
(3) carrying not more than 15 individuals in a single, daily
round trip to and from work; or
(4) providing transportation service within a transit service
area under an agreement with a Federal, State, or local
government funded, in whole or in part, with a grant under
section 5307, 5310, or 5311, including transportation designed
and carried out to meet the special needs of elderly individuals
and individuals with disabilities; except that, in any case in
which the transit service area is located in more than 1 State,
the minimum level of financial responsibility for such motor
vehicle will be at least the highest level required for any of
such States.

-SOURCE-
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1005; Pub. L.
104-88, title I, Sec. 104(c), (d), Dec. 29, 1995, 109 Stat. 919;
Pub. L. 107-298, Sec. 3(b)(2), Nov. 26, 2002, 116 Stat. 2343; Pub.
L. 109-59, title IV, Secs. 4120(a), 4121, Aug. 10, 2005, 119 Stat.
1733, 1734.)

-MISC1-



HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at Large)
Section
--------------------------------------------------------------------
31138(a) 49:10927 (note). Sept. 20, 1982, Pub. L.
97-261, Sec. 18(a), 96 Stat.
1121.
31138(b) 49:10927 (note). Sept. 20, 1982, Pub. L.
97-261, Sec. 18(b), (c), 96
Stat. 1121.
31138(c) 49:10927 (note). Sept. 20, 1982, Pub. L.
97-261, Sec. 18(d), 96 Stat.
1121; Oct. 30, 1984, Pub. L.
98-554, Sec. 224, 98 Stat.
2847.
31138(d) 49:10927 (note). Sept. 20, 1982, Pub. L.
97-261, Sec. 18(e), 96 Stat.
1122.
31138(e) 49:10927 (note). Sept. 20, 1982, Pub. L.
97-261, Sec. 18(f), (g), 96
Stat. 1122.
--------------------------------------------------------------------

In subsection (b), before clause (1), the text of section
18(b)(1) (words beginning with "except") and (2) (words beginning
with "except") and (c) of the Bus Regulatory Reform Act of 1982
(Public Law 97-261, 96 Stat. 1121) is omitted as expired. The word
"minimal" is omitted as surplus.
In subsection (c)(1), the words "The Secretary shall establish,
by regulation, methods and procedures to assure compliance with
this section" are omitted as surplus.
In subsection (d)(4), the words "The Attorney General shall bring
a civil action . . . to collect a penalty referred to the Attorney
General for collection under this subsection" are substituted for
"Such civil penalty may be recovered in an action brought by the
Attorney General on behalf of the United States" for consistency in
the revised title.
In subsection (d)(5), the words "when finally determined (or
agreed upon in compromise)" are omitted as surplus.
In subsection (e), before clause (1), the text of section 18(g)
of the Bus Regulatory Reform Act of 1982 (Public Law 97-261, 96
Stat. 1122) is omitted as unnecessary because of the restatement.

AMENDMENTS
2005 - Subsec. (a). Pub. L. 109-59, Sec. 4120(a)(1), struck out
"for compensation" after "passengers" and inserted "commercial"
before "motor vehicle" in introductory provisions.
Subsec. (c)(4). Pub. L. 109-59, Sec. 4120(a)(2), added par. (4).
Subsec. (d)(5). Pub. L. 109-59, Sec. 4121, substituted "Highway
Trust Fund (other than the Mass Transit Account)" for "Treasury as
miscellaneous receipts".
2002 - Subsec. (e)(2). Pub. L. 107-298 amended par. (2)
generally. Prior to amendment, par. (2) read as follows: "providing
taxicab service, having a seating capacity of not more than 6
passengers, and not being operated on a regular route or between
specified places;".
1995 - Subsec. (c)(3). Pub. L. 104-88, Sec. 104(c), added par.
(3).
Subsec. (e)(4). Pub. L. 104-88, Sec. 104(d), added par. (4).

EFFECTIVE DATE OF 1995 AMENDMENT
Amendment by Pub. L. 104-88 effective Jan. 1, 1996, see section 2
of Pub. L. 104-88, set out as an Effective Date note under section
701 of this title.

-End-



-CITE-
49 USC Sec. 31139 01/03/2007

-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS
PART B - COMMERCIAL
CHAPTER 311 - COMMERCIAL MOTOR VEHICLE SAFETY
SUBCHAPTER III - SAFETY REGULATION

-HEAD-
Sec. 31139. Minimum financial responsibility for transporting
property

-STATUTE-
(a) Definitions. - In this section -
(1) "farm vehicle" means a vehicle -
(A) designed or adapted and used only for agriculture;
(B) operated by a motor private carrier (as defined in
section 10102 of this title); and
(C) operated only incidentally on highways.

(2) "interstate commerce" includes transportation between a
place in a State and a place outside the United States, to the
extent the transportation is in the United States.
(3) "State" means a State of the United States, the District of
Columbia, Puerto Rico, the Virgin Islands, American Samoa, Guam,
and the Northern Mariana Islands.

(b) General Requirement and Minimum Amount. - (1) The Secretary
of Transportation shall prescribe regulations to require minimum
levels of financial responsibility sufficient to satisfy liability
amounts established by the Secretary covering public liability,
property damage, and environmental restoration for the
transportation of property by commercial motor vehicle in the
United States between a place in a State and -
(A) a place in another State;
(B) another place in the same State through a place outside of
that State; or
(C) a place outside the United States.

(2) The level of financial responsibility established under
paragraph (1) of this subsection shall be at least $750,000.
(c) Filing of Evidence of Financial Responsibility. - The
Secretary may require a motor private carrier (as defined in
section 13102) to file with the Secretary the evidence of financial
responsibility specified in subsection (b) in an amount not less
than the greater of the minimum amount required by this section or
the amount required for such motor private carrier to transport
property under the laws of the State or States in which the motor
private carrier is operating; except that the amount of the
financial responsibility must be sufficient to pay not more than
the amount of the financial responsibility for each final judgment
against the motor private carrier for bodily injury to, or death
of, an individual resulting from negligent operation, maintenance,
or use of the commercial motor vehicle, or for loss or damage to
property, or both.
(d) Requirements for Hazardous Matter and Oil. - (1) The
Secretary of Transportation shall prescribe regulations to require
minimum levels of financial responsibility sufficient to satisfy
liability amounts established by the Secretary covering public
liability, property damage, and environmental restoration for the
transportation by motor vehicle in interstate or intrastate
commerce of -
(A) hazardous material (as defined by the Secretary);
(B) oil or hazardous substances (as defined by the
Administrator of the Environmental Protection Agency); or
(C) hazardous wastes (as defined by the Administrator).

(2)(A) Except as provided in subparagraph (B) of this paragraph,
the level of financial responsibility established under paragraph
(1) of this subsection shall be at least $5,000,000 for the
transportation -
(i) of hazardous substances (as defined by the Administrator)
in cargo tanks, portable tanks, or hopper-type vehicles, with
capacities of more than 3,500 water gallons;
(ii) in bulk of class A explosives, poison gas, liquefied gas,
or compressed gas; or
(iii) of large quantities of radioactive material.

(B) The Secretary of Transportation by regulation may reduce the
minimum level in subparagraph (A) of this paragraph (to an amount
not less than $1,000,000) for transportation described in
subparagraph (A) in any of the territories of Puerto Rico, the
Virgin Islands, American Samoa, Guam, and the Northern Mariana
Islands if -
(i) the chief executive officer of the territory requests the
reduction;
(ii) the reduction will prevent a serious disruption in
transportation service and will not adversely affect public
safety; and
(iii) insurance of $5,000,000 is not readily available.

(3) The level of financial responsibility established under
paragraph (1) of this subsection for the transportation of a
material, oil, substance, or waste not subject to paragraph (2) of
this subsection shall be at least $1,000,000. However, if the
Secretary of Transportation finds it will not adversely affect
public safety, the Secretary by regulation may reduce the amount
for -
(A) a class of vehicles transporting such a material, oil,
substance, or waste in intrastate commerce (except in bulk); and
(B) a farm vehicle transporting such a material or substance in
interstate commerce (except in bulk).

(e) Foreign Motor Carriers and Private Carriers. - Regulations
prescribed under this section may allow foreign motor carriers and
foreign motor private carriers (as those terms are defined in
section 10530 of this title) providing transportation of property
under a certificate of registration issued under section 10530 to
meet the minimum levels of financial responsibility under this
section only when those carriers are providing transportation for
property in the United States.
(f) Evidence of Financial Responsibility. - (1) Subject to
paragraph (2) of this subsection, financial responsibility may be
established by evidence of one or a combination of the following if
acceptable to the Secretary of Transportation:
(A) insurance.
(B) a guarantee.
(C) a surety bond issued by a bonding company authorized to do
business in the United States.
(D) qualification as a self-insurer.

(2) A person domiciled in a country contiguous to the United
States and providing transportation to which a minimum level of
financial responsibility under this section applies shall have
evidence of financial responsibility in the motor vehicle when the
person is providing the transportation. If evidence of financial
responsibility is not in the vehicle, the Secretary of
Transportation and the Secretary of the Treasury shall deny entry
of the vehicle into the United States.
(3) A motor carrier may obtain the required amount of financial
responsibility from more than one source provided the cumulative
amount is equal to the minimum requirements of this section.
(g) Civil Penalty. - (1) If, after notice and an opportunity for
a hearing, the Secretary of Transportation finds that a person
(except an employee acting without knowledge) has knowingly
violated this section or a regulation prescribed under this
section, the person is liable to the United States Government for a
civil penalty of not more than $10,000 for each violation. A
separate violation occurs for each day the violation continues.
(2) The Secretary of Transportation shall impose the penalty by
written notice. In determining the amount of the penalty, the
Secretary shall consider -
(A) the nature, circumstances, extent, and gravity of the
violation;
(B) with respect to the violator, the degree of culpability,
any history of prior violations, the ability to pay, and any
effect on the ability to continue doing business; and
(C) other matters that justice requires.

(3) The Secretary of Transportation may compromise the penalty
before referring the matter to the Attorney General for collection.
(4) The Attorney General shall bring a civil action in an
appropriate district court of the United States to collect a
penalty referred to the Attorney General for collection under this
subsection.
(5) The amount of the penalty may be deducted from amounts the
Government owes the person. An amount collected under this section
shall be deposited in the Highway Trust Fund (other than the Mass
Transit Account).
(h) Nonapplication. - This section does not apply to a motor
vehicle having a gross vehicle weight rating of less than 10,000
pounds if the vehicle is not used to transport in interstate or
foreign commerce -
(1) class A or B explosives;
(2) poison gas; or
(3) a large quantity of radioactive material.

-SOURCE-
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1006; Pub. L.
104-88, title I, Sec. 104(e), Dec. 29, 1995, 109 Stat. 919; Pub. L.
109-59, title IV, Secs. 4120(b), 4121, Aug. 10, 2005, 119 Stat.
1733, 1734.)

-MISC1-



HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at Large)
Section
--------------------------------------------------------------------
31139(a) 49:10927 (note). July 1, 1980, Pub. L.
96-296, Sec. 30(h), 94 Stat.
823; Jan. 6, 1983, Pub. L.
97-424, Sec. 406(c), 96
Stat. 2159; Oct. 30, 1984,
Pub. L. 98-554, Sec. 222(b),
98 Stat. 2847; Nov. 18,
1988, Pub. L. 100-690, Sec.
9112, 102 Stat. 4534.
31139(b) 49:10927 (note). July 1, 1980, Pub. L.
96-296, Sec. 30(a), 94 Stat.
820; Jan. 6, 1983, Pub. L.
97-424, Sec. 406(a), 96
Stat. 2158.
31139(c) 49:10927 (note). July 1, 1980, Pub. L.
96-296, Sec. 30(b), 94 Stat.
821; Jan. 6, 1983, Pub. L.
97-424, Sec. 406(a), 96
Stat. 2158; Oct. 30, 1984,
Pub. L. 98-554, Sec. 222(a),
98 Stat. 2846; Nov. 16,
1990, Pub. L. 101-615, Sec.
23, 104 Stat. 3272.
31139(d) 49:10927 (note). July 1, 1980, Pub. L.
96-296, 94 Stat. 793, Sec.
30(g); added Nov. 18, 1988,
Pub. L. 100-690, Sec. 9112,
102 Stat. 4534.
31139(e) 49:10927 (note). July 1, 1980, Pub. L.
96-296, Sec. 30(c), 94 Stat.
822; Jan. 6, 1983, Pub. L.
97-424, Sec. 406(b), 96
Stat. 2158.
July 1, 1980, Pub. L.
96-296, Sec. 30(e), 94 Stat.
822.
31139(f) 49:10927 (note). July 1, 1980, Pub. L.
96-296, Sec. 30(d), 94 Stat.
822.
31139(g) 49:10927 (note). July 1, 1980, Pub. L.
96-296, Sec. 30(f), 94 Stat.
823; Jan. 6, 1983, Pub. L.
97-424, Sec. 406(d), 96
Stat. 2159.
--------------------------------------------------------------------

In subsection (a), before clause (1), the text of section
30(h)(3) of the Motor Carrier Act of 1980 (Public Law 96-296, 94
Stat. 823) is omitted as surplus because the complete name of the
Secretary of Transportation is used the first time the term appears
in a section. In clause (3), the words "(including its use in the
terms 'interstate' and 'intrastate')" are omitted as surplus.
In subsections (b)(2) and (c)(2) and (3), the word "minimal" is
omitted as surplus.
In subsection (b)(2), the words "for any vehicle" are omitted as
surplus. The words beginning with "except" are omitted as expired.
The text of section 30(a)(3) of the Act (Public Law 96-296, 94
Stat. 821) is omitted because the regulations have been issued. See
49 C.F.R. part 387.
In subsection (c)(2), the text of section 30(b)(2)(B) of the Act
(Public Law 96-296, 94 Stat. 821) is omitted as expired.
In subsection (c)(3), before clause (A), the text of section
30(b)(3)(A) of the Act (Public Law 96-296, 94 Stat. 821) is omitted
as expired. The text of section 30(b)(4) of the Act (Public Law 96-
296, 94 Stat. 822) is omitted because the regulations have been
issued. See 49 C.F.R. part 387. The words "for any vehicle . . . in
interstate or intrastate commerce" are omitted as unnecessary
because of the reference to paragraph (1).
In subsection (e)(1), the words "The Secretary shall establish,
by regulation, methods and procedures to assure compliance with
this section" are omitted as surplus. The text of section 30(e) of
the Act (Public Law 96-296, 94 Stat. 822) is omitted as executed.
In subsection (f)(4), the words "The Attorney General shall bring
a civil action . . . to collect a penalty referred to the Attorney
General for collection under this subsection" are substituted for
"Such civil penalty may be recovered in an action brought by the
Attorney General on behalf of the United States" for consistency in
the revised title.
In subsection (f)(5), the words "when finally determined (or
agreed upon in compromise)" are omitted as surplus.
In subsection (g)(1) and (2), the words "any quantity of" are
omitted as surplus.

AMENDMENTS
2005 - Subsec. (b)(1). Pub. L. 109-59, Sec. 4120(b)(1), struck
out "for compensation" after "property" and inserted "commercial"
before "motor vehicle" in introductory provisions.
Subsecs. (c) to (f). Pub. L. 109-59, Sec. 4120(b)(2), (3), added
subsec. (c) and redesignated former subsecs. (c) to (e) as (d) to
(f), respectively. Former subsec. (f) redesignated (g).
Subsec. (g). Pub. L. 109-59, Sec. 4120(b)(2), redesignated
subsec. (f) as (g). Former subsec. (g) redesignated (h).
Subsec. (g)(5). Pub. L. 109-59, Sec. 4121, which directed
amendment of subsec. (f)(5) by substituting "Highway Trust Fund
(other than the Mass Transit Account)" for "Treasury as
miscellaneous receipts", was executed to subsec. (g)(5) to reflect
the probable intent of Congress and the redesignation of subsec.
(f) as (g) by Pub. L. 109-59, Sec. 4120(b)(2). See above.
Subsec. (h). Pub. L. 109-59, Sec. 4120(b)(2), redesignated
subsec. (g) as (h).
1995 - Subsec. (e)(3). Pub. L. 104-88 added par. (3).

EFFECTIVE DATE OF 1995 AMENDMENT
Amendment by Pub. L. 104-88 effective Jan. 1, 1996, see section 2
of Pub. L. 104-88, set out as an Effective Date note under section
701 of this title.

-End-



-CITE-
49 USC Sec. 31140 01/03/2007

-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS
PART B - COMMERCIAL
CHAPTER 311 - COMMERCIAL MOTOR VEHICLE SAFETY
SUBCHAPTER III - SAFETY REGULATION

-HEAD-
Sec. 31140. Repealed.

-MISC1-
[Sec. 31140. Repealed. Pub. L. 105-178, title IV, Sec. 4008(d),
June 9, 1998, 112 Stat. 404].
Section, Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat.
1008, related to submission of State laws and regulations for
review by Secretary of Transportation and Commercial Motor Vehicle
Safety Regulatory Review Panel.

-End-



-CITE-
49 USC Sec. 31141 01/03/2007

-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS
PART B - COMMERCIAL
CHAPTER 311 - COMMERCIAL MOTOR VEHICLE SAFETY
SUBCHAPTER III - SAFETY REGULATION

-HEAD-
Sec. 31141. Review and preemption of State laws and regulations

-STATUTE-
(a) Preemption After Decision. - A State may not enforce a State
law or regulation on commercial motor vehicle safety that the
Secretary of Transportation decides under this section may not be
enforced.
(b) Submission of Regulation. - A State receiving funds made
available under section 31104 that enacts a State law or issues a
regulation on commercial motor vehicle safety shall submit a copy
of the law or regulation to the Secretary immediately after the
enactment or issuance.
(c) Review and Decisions by Secretary. -
(1) Review. - The Secretary shall review State laws and
regulations on commercial motor vehicle safety. The Secretary
shall decide whether the State law or regulation -
(A) has the same effect as a regulation prescribed by the
Secretary under section 31136;
(B) is less stringent than such regulation; or
(C) is additional to or more stringent than such regulation.

(2) Regulations with same effect. - If the Secretary decides a
State law or regulation has the same effect as a regulation
prescribed by the Secretary under section 31136 of this title,
the State law or regulation may be enforced.
(3) Less stringent regulations. - If the Secretary decides a
State law or regulation is less stringent than a regulation
prescribed by the Secretary under section 31136 of this title,
the State law or regulation may not be enforced.
(4) Additional or more stringent regulations. - If the
Secretary decides a State law or regulation is additional to or
more stringent than a regulation prescribed by the Secretary
under section 31136 of this title, the State law or regulation
may be enforced unless the Secretary also decides that -
(A) the State law or regulation has no safety benefit;
(B) the State law or regulation is incompatible with the
regulation prescribed by the Secretary; or
(C) enforcement of the State law or regulation would cause an
unreasonable burden on interstate commerce.

(5) Consideration of effect on interstate commerce. - In
deciding under paragraph (4) whether a State law or regulation
will cause an unreasonable burden on interstate commerce, the
Secretary may consider the effect on interstate commerce of
implementation of that law or regulation with the implementation
of all similar laws and regulations of other States.

(d) Waivers. - (1) A person (including a State) may petition the
Secretary for a waiver of a decision of the Secretary that a State
law or regulation may not be enforced under this section. The
Secretary shall grant the waiver, as expeditiously as possible, if
the person demonstrates to the satisfaction of the Secretary that
the waiver is consistent with the public interest and the safe
operation of commercial motor vehicles.
(2) Before deciding whether to grant or deny a petition for a
waiver under this subsection, the Secretary shall give the
petitioner an opportunity for a hearing on the record.
(e) Written Notice of Decisions. - Not later than 10 days after
making a decision under subsection (c) of this section that a State
law or regulation may not be enforced, the Secretary shall give
written notice to the State of that decision.
(f) Judicial Review and Venue. - (1) Not later than 60 days after
the Secretary makes a decision under subsection (c) of this
section, or grants or denies a petition for a waiver under
subsection (d) of this section, a person (including a State)
adversely affected by the decision, grant, or denial may file a
petition for judicial review. The petition may be filed in the
court of appeals of the United States for the District of Columbia
Circuit or in the court of appeals of the United States for the
circuit in which the person resides or has its principal place of
business.
(2) The court has jurisdiction to review the decision, grant, or
denial and to grant appropriate relief, including interim relief,
as provided in chapter 7 of title 5.
(3) A judgment of a court under this subsection may be reviewed
only by the Supreme Court under section 1254 of title 28.
(4) The remedies provided for in this subsection are in addition
to other remedies provided by law.
(g) Initiating Review Proceedings. - To review a State law or
regulation on commercial motor vehicle safety under this section,
the Secretary may initiate a regulatory proceeding on the
Secretary's own initiative or on petition of an interested person
(including a State).

-SOURCE-
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1008; Pub. L.
105-178, title IV, Sec. 4008(e), June 9, 1998, 112 Stat. 404.)

-MISC1-



HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at Large)
Section
--------------------------------------------------------------------
31141(a) 49 App.:2507(a). Oct. 30, 1984, Pub. L.
98-554, Sec. 208(a)-(g),
(i), 98 Stat. 2836, 2838.
31141(b) 49 App.:2507(b).
31141(c) 49 App.:2507(c).
31141(d) 49 App.:2507(d).
31141(e) 49 App.:2507(e).
31141(f) 49 App.:2507(f).
31141(g) 49 App.:2507(g).
31141(h) 49 App.:2507(h). Oct. 30, 1984, Pub. L.
98-554, Sec. 208(h), 98
Stat. 2838; Nov. 18, 1988,
Pub. L. 100-690, Sec. 9109,
102 Stat. 4530.
49 App.:2507(i).
--------------------------------------------------------------------

In this section, language about whether a State law or regulation
may be "in effect" is omitted as redundant to language about
whether it may be "enforced". The words "regulatory proceeding" are
substituted for "rulemaking proceeding" for consistency in the
revised title and because "rule" is synonymous with "regulation".
In subsection (a), the words "with respect to commercial motor
vehicles" are omitted as surplus.
In subsection (b)(1), the words "Not later than 18 months after
October 30, 1984, and . . . thereafter" are omitted as obsolete.
In subsection (g)(1), the words "court of appeals of the United
States for the District of Columbia Circuit" are substituted for
"United States court of appeals for the District of Columbia" to be
more precise.
In subsection (g)(2), the words "Upon the filing of a petition
under paragraph (1) of this subsection" are omitted as surplus.
Subsection (g)(3) is substituted for 49 App.:2507(g)(3) for
consistency in this part and to eliminate unnecessary words.
In subsection (h), the text of 49 App.:2507(h) and the words
"After the last day of the 48-month period beginning on October 30,
1984" are omitted as obsolete.

AMENDMENTS
1998 - Subsecs. (b), (c). Pub. L. 105-178, Sec. 4008(e)(1), added
subsecs. (b) and (c) and struck out headings and text of former
subsecs. (b) and (c) which related to analysis and decisions by
Commercial Motor Vehicle Safety Regulatory Review Panel and to
review and decisions by Secretary, respectively.
Subsecs. (e) to (h). Pub. L. 105-178, Sec. 4008(e)(2), (3),
redesignated subsecs. (f) to (h) as (e) to (g), respectively, and
struck out heading and text of former subsec. (e). Text read as
follows: "The Secretary may consolidate regulatory proceedings
under this section if the Secretary decides that the consolidation
will not adversely affect a party to a proceeding."

-End-



-CITE-
49 USC Sec. 31142 01/03/2007

-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS
PART B - COMMERCIAL
CHAPTER 311 - COMMERCIAL MOTOR VEHICLE SAFETY
SUBCHAPTER III - SAFETY REGULATION

-HEAD-
Sec. 31142. Inspection of vehicles

-STATUTE-
(a) Inspection of Safety Equipment. - On the instruction of an
authorized enforcement official of a State or of the United States
Government, a commercial motor vehicle is required to pass an
inspection of all safety equipment required under the regulations
issued under section 31136.
(b) Inspection of Vehicles and Record Retention. - The Secretary
of Transportation shall prescribe regulations on Government
standards for inspection of commercial motor vehicles and retention
by employers of records of an inspection. The standards shall
provide for annual or more frequent inspections of a commercial
motor vehicle unless the Secretary finds that another inspection
system is as effective as an annual or more frequent inspection
system. Regulations prescribed under this subsection are deemed to
be regulations prescribed under section 31136 of this title.
(c) Preemption. - (1) Except as provided in paragraph (2) of this
subsection, this subchapter and section 31102 of this title do not -

(A) prevent a State or voluntary group of States from imposing
more stringent standards for use in their own periodic roadside
inspection programs of commercial motor vehicles;
(B) prevent a State from enforcing a program for inspection of
commercial motor vehicles that the Secretary decides is as
effective as the Government standards prescribed under subsection
(b) of this section;
(C) prevent a State from participating in the activities of a
voluntary group of States enforcing a program for inspection of
commercial motor vehicles; or
(D) require a State that is enforcing a program described in
clause (B) or (C) of this paragraph to enforce a Government
standard prescribed under subsection (b) of this section or to
adopt a provision on inspection of commercial motor vehicles in
addition to that program to comply with the Government standards.

(2) The Government standards prescribed under subsection (b) of
this section shall preempt a program of a State described in
paragraph (1)(C) of this subsection as the program applies to the
inspection of commercial motor vehicles in that State. The State
may not enforce the program if the Secretary -
(A) decides, after notice and an opportunity for a hearing,
that the State is not enforcing the program in a way that
achieves the objectives of this section; and
(B) after making a decision under clause (A) of this paragraph,
provides the State with a 6-month period to improve the
enforcement of the program to achieve the objectives of this
section.

(d) Inspection To Be Accepted as Adequate in All States. - A
periodic inspection of a commercial motor vehicle under the
Government standards prescribed under subsection (b) of this
section or a program described in subsection (c)(1)(B) or (C) of
this section that is being enforced shall be recognized as adequate
in every State for the period of the inspection. This subsection
does not prohibit a State from making random inspections of
commercial motor vehicles.
(e) Effect of Government Standards. - The Government standards
prescribed under subsection (b) of this section may not be enforced
as the standards apply to the inspection of commercial motor
vehicles in a State enforcing a program described in subsection
(c)(1)(B) or (C) of this section if the Secretary decides that it
is in the public interest and consistent with public safety for the
Government standards not to be enforced as they apply to that
inspection.
(f) Application of State Regulations to Government-Leased
Vehicles and Operators. - A State receiving financial assistance
under section 31102 of this title in a fiscal year may enforce in
that fiscal year a regulation on commercial motor vehicle safety
adopted by the State as the regulation applies to commercial motor
vehicles and operators leased to the Government.

-SOURCE-
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1010; Pub. L.
105-178, title IV, Sec. 4008(f), (g), June 9, 1998, 112 Stat. 405.)

-MISC1-



HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at Large)
Section
--------------------------------------------------------------------
31142(a) 49 App.:2509(a). Oct. 30, 1984, Pub. L.
98-554, Sec. 210(a)-(f), 98
Stat. 2839.
31142(b) 49 App.:2509(b),
(c).
31142(c) 49 App.:2509(d).
31142(d) 49 App.:2509(e).
31142(e) 49 App.:2509(f).
31142(f) 49 App.:2509(g). Oct. 30, 1984, Pub. L.
98-554, 98 Stat. 2829, Sec.
210(g); added Nov. 16, 1990,
Pub. L. 101-615, Sec. 24,
104 Stat. 3273.
--------------------------------------------------------------------

In this section, language about whether a State law or regulation
may be "in effect" is omitted as redundant to language about
whether it may be "enforced".
In subsection (b), the words "shall prescribe regulations on" are
substituted for "shall, by rule, establish" for consistency in the
revised title and with other titles of the United States Code and
because "rule" is synonymous with "regulation". The words "For
purposes of this chapter" are omitted as unnecessary. The text of
49 App.:2509(c) is omitted as executed.
In subsection (c)(1), before clause (A), the words "this
subchapter and section 31102 of this title do not" are substituted
for "nothing in section 2302 of this Appendix or section 2507 of
this Appendix or any other provision of this chapter shall be
construed as" to eliminate unnecessary words.

AMENDMENTS
1998 - Subsec. (a). Pub. L. 105-178, Sec. 4008(f), substituted
"the regulations issued under section 31136" for "part 393 of title
49, Code of Federal Regulations".
Subsec. (c)(1)(C). Pub. L. 105-178, Sec. 4008(g), amended subpar.
(C) generally. Prior to amendment, subpar. (C) read as follows:
"prevent a State from enforcing a program for inspection of
commercial motor vehicles that meets the requirements for
membership in the Commercial Vehicle Safety Alliance, as those
requirements were in effect on October 30, 1984; or".

-End-



-CITE-
49 USC Sec. 31143 01/03/2007

-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS
PART B - COMMERCIAL
CHAPTER 311 - COMMERCIAL MOTOR VEHICLE SAFETY
SUBCHAPTER III - SAFETY REGULATION

-HEAD-
Sec. 31143. Investigating complaints and protecting complainants

-STATUTE-
(a) Investigating Complaints. - The Secretary of Transportation
shall conduct a timely investigation of a nonfrivolous written
complaint alleging that a substantial violation of a regulation
prescribed under this subchapter is occurring or has occurred
within the prior 60 days. The Secretary shall give the complainant
timely notice of the findings of the investigation. The Secretary
is not required to conduct separate investigations of duplicative
complaints.
(b) Protecting Complainants. - Notwithstanding section 552 of
title 5, the Secretary may disclose the identity of a complainant
only if disclosure is necessary to prosecute a violation. If
disclosure becomes necessary, the Secretary shall take every
practical means within the Secretary's authority to ensure that the
complainant is not subject to harassment, intimidation,
disciplinary action, discrimination, or financial loss because of
the disclosure.

-SOURCE-
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1012.)

-MISC1-



HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at Large)
Section
--------------------------------------------------------------------
31143(a) 49 App.:2511(a). Oct. 30, 1984, Pub. L.
98-554, Sec. 212, 98 Stat.
2841.
31143(b) 49 App.:2511(b).
--------------------------------------------------------------------


TELEPHONE HOTLINE FOR REPORTING SAFETY VIOLATIONS
Pub. L. 105-178, title IV, Sec. 4017, June 9, 1998, 112 Stat.
413, as amended by Pub. L. 106-159, title II, Sec. 213, Dec. 9,
1999, 113 Stat. 1766, provided that:
"(a) In General. - For a period of not less than 2 years
beginning on or before the 90th day following the date of enactment
of this Act [June 9, 1998], the Secretary [of Transportation] shall
establish, maintain, and promote the use of a nationwide toll-free
telephone system to be used by drivers of commercial motor vehicles
and others to report potential violations of Federal motor carrier
safety regulations.
"(b) Monitoring. - The Secretary shall monitor reports received
by the telephone system and may consider nonfrivolous information
provided by such reports in setting priorities for motor carrier
safety audits and other enforcement activities.
"(c) Staffing. - The toll-free telephone system shall be staffed
24 hours a day 7 days a week by individuals knowledgeable about
Federal motor carrier safety regulations and procedures.
"(d) Protection of Persons Reporting Violations. -
"(1) Prohibition. - A person reporting a potential violation to
the telephone system while acting in good faith may not be
discharged, disciplined, or discriminated against regarding pay,
terms, or privileges of employment because of the reporting of
such violation.
"(2) Applicability of section 31105 of title 49. - For purposes
of section 31105 of title 49, United States Code, a violation or
alleged violation of paragraph (1) shall be treated as a
violation of section 31105(a) of such title.
"(e) Funding. - From amounts set aside under section 104(a)(1)(B)
of title 23, United States Code, the Secretary may use not more
than $250,000 for fiscal year 1999 and $375,000 for each of fiscal
years 2000 through 2003 to carry out this section."

-End-



-CITE-
49 USC Sec. 31144 01/03/2007

-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS
PART B - COMMERCIAL
CHAPTER 311 - COMMERCIAL MOTOR VEHICLE SAFETY
SUBCHAPTER III - SAFETY REGULATION

-HEAD-
Sec. 31144. Safety fitness of owners and operators

-STATUTE-
(a) In General. - The Secretary shall -
(1) determine whether an owner or operator is fit to operate
safely commercial motor vehicles, utilizing among other things
the accident record of an owner or operator operating in
interstate commerce and the accident record and safety inspection
record of such owner or operator -
(A) in operations that affect interstate commerce within the
United States; and
(B) in operations in Canada and Mexico if the owner or
operator also conducts operations within the United States;

(2) periodically update such safety fitness determinations;
(3) make such final safety fitness determinations readily
available to the public; and
(4) prescribe by regulation penalties for violations of this
section consistent with section 521.

(b) Procedure. - The Secretary shall maintain by regulation a
procedure for determining the safety fitness of an owner or
operator. The procedure shall include, at a minimum, the following
elements:
(1) Specific initial and continuing requirements with which an
owner or operator must comply to demonstrate safety fitness.
(2) A methodology the Secretary will use to determine whether
an owner or operator is fit.
(3) Specific time frames within which the Secretary will
determine whether an owner or operator is fit.

(c) Prohibited Transportation. -
(1) In general. - Except as provided in section 521(b)(5)(A)
and this subsection, an owner or operator who the Secretary
determines is not fit may not operate commercial motor vehicles
in interstate commerce beginning on the 61st day after the date
of such fitness determination and until the Secretary determines
such owner or operator is fit.
(2) Owners or operators transporting passengers. - With regard
to owners or operators of commercial motor vehicles designed or
used to transport passengers, an owner or operator who the
Secretary determines is not fit may not operate in interstate
commerce beginning on the 46th day after the date of such fitness
determination and until the Secretary determines such owner or
operator is fit.
(3) Owners or operators transporting hazardous material. - With
regard to owners or operators of commercial motor vehicles
designed or used to transport hazardous material for which
placarding of a motor vehicle is required under regulations
prescribed under chapter 51, an owner or operator who the
Secretary determines is not fit may not operate in interstate
commerce beginning on the 46th day after the date of such fitness
determination and until the Secretary determines such owner or
operator is fit. A violation of this paragraph by an owner or
operator transporting hazardous material shall be considered a
violation of chapter 51, and shall be subject to the penalties in
sections 5123 and 5124.
(4) Secretary's discretion. - Except for owners or operators
described in paragraphs (2) and (3), the Secretary may allow an
owner or operator who is not fit to continue operating for an
additional 60 days after the 61st day after the date of the
Secretary's fitness determination, if the Secretary determines
that such owner or operator is making a good faith effort to
become fit.
(5) Transportation affecting interstate commerce. - Owners or
operators of commercial motor vehicles prohibited from operating
in interstate commerce pursuant to paragraphs (1) through (3) of
this section may not operate any commercial motor vehicle that
affects interstate commerce until the Secretary determines that
such owner or operator is fit.

(d) Determination of Unfitness by State. - If a State that
receives motor carrier safety assistance program funds under
section 31102 determines, by applying the standards prescribed by
the Secretary under subsection (b), that an owner or operator of a
commercial motor vehicle that has its principal place of business
in that State and operates in intrastate commerce is unfit under
such standards and prohibits the owner or operator from operating
such vehicle in the State, the Secretary shall prohibit the owner
or operator from operating such vehicle in interstate commerce
until the State determines that the owner or operator is fit.
(e) Review of Fitness Determinations. -
(1) In general. - Not later than 45 days after an unfit owner
or operator requests a review, the Secretary shall review such
owner's or operator's compliance with those requirements with
which the owner or operator failed to comply and resulted in the
Secretary determining that the owner or operator was not fit.
(2) Owners or operators transporting passengers. - Not later
than 30 days after an unfit owner or operator of commercial motor
vehicles designed or used to transport passengers requests a
review, the Secretary shall review such owner's or operator's
compliance with those requirements with which the owner or
operator failed to comply and resulted in the Secretary
determining that the owner or operator was not fit.
(3) Owners or operators transporting hazardous material. - Not
later than 30 days after an unfit owner or operator of commercial
motor vehicles designed or used to transport hazardous material
for which placarding of a motor vehicle is required under
regulations prescribed under chapter 51, the Secretary shall
review such owner's or operator's compliance with those
requirements with which the owner or operator failed to comply
and resulted in the Secretary determining that the owner or
operator was not fit.

(f) Prohibited Government Use. - A department, agency, or
instrumentality of the United States Government may not use to
provide any transportation service an owner or operator who the
Secretary has determined is not fit until the Secretary determines
such owner or operator is fit.
(g) Safety Reviews of New Operators. -
(1) In general. - The Secretary shall require, by regulation,
each owner and each operator granted new operating authority,
after the date on which section 31148(b) is first implemented, to
undergo a safety review within the first 18 months after the
owner or operator, as the case may be, begins operations under
such authority.
(2) Elements. - In the regulations issued pursuant to paragraph
(1), the Secretary shall establish the elements of the safety
review, including basic safety management controls. In
establishing such elements, the Secretary shall consider their
effects on small businesses and shall consider establishing
alternate locations where such reviews may be conducted for the
convenience of small businesses.
(3) Phase-in of requirement. - The Secretary shall phase in the
requirements of paragraph (1) in a manner that takes into account
the availability of certified motor carrier safety auditors.
(4) New entrant authority. - Notwithstanding any other
provision of this title, any new operating authority granted
after the date on which section 31148(b) is first implemented
shall be designated as new entrant authority until the safety
review required by paragraph (1) is completed.
(5) New entrant audits. -
(A) Grants. - The Secretary may make grants to States and
local governments for new entrant motor carrier audits under
this subsection without requiring a matching contribution from
such States and local governments.
(B) Set aside. - The Secretary shall set aside from amounts
made available by section 31104(a) up to $29,000,000 per fiscal
year for audits of new entrant motor carriers conducted
pursuant to this paragraph.
(C) Determination. - If the Secretary determines that a State
or local government is not able to use government employees to
conduct new entrant motor carrier audits, the Secretary may use
the funds set aside under this paragraph to conduct audits for
such States or local governments.

-SOURCE-
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1012; Pub. L.
104-88, title I, Sec. 104(g), Dec. 29, 1995, 109 Stat. 920; Pub. L.
105-178, title IV, Sec. 4009(a), June 9, 1998, 112 Stat. 405; Pub.
L. 106-159, title II, Sec. 210(a), Dec. 9, 1999, 113 Stat. 1764;
Pub. L. 109-59, title IV, Secs. 4107(b), 4114, title VII, Sec.
7112(b), (c), Aug. 10, 2005, 119 Stat. 1720, 1725, 1899.)

-MISC1-



HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at Large)
Section
--------------------------------------------------------------------
31144(a)(1) 49 App.:2512(a), Oct. 30, 1984, Pub. L.
(b). 98-554, Sec. 215, 98 Stat.
2844.
31144(a)(2) 49 App.:2512(c).
31144(b) 49 App.:2512(d).
--------------------------------------------------------------------

In subsection (a), the word "regulation" is substituted for
"rule" for consistency in the revised title and because the terms
are synonymous.
In subsection (a)(1), the words "after notice and opportunity for
comment" are omitted as unnecessary because of 5:553. The text of
49 App.:2512(b) is omitted as executed.

AMENDMENTS
2005 - Subsec. (a). Pub. L. 109-59, Sec. 4114(a), reenacted
heading without change and amended text of subsec. (a) generally.
Prior to amendment, text read as follows: "The Secretary shall -
"(1) determine whether an owner or operator is fit to operate
safely commercial motor vehicles;
"(2) periodically update such safety fitness determinations;
"(3) make such final safety fitness determinations readily
available to the public; and
"(4) prescribe by regulation penalties for violations of this
section consistent with section 521."
Subsec. (c). Pub. L. 109-59, Sec. 7112(c), which directed
amendment of this section by redesignating the second subsec. (c),
relating to safety reviews of new operators, as (f), could not be
executed because of amendment by Pub. L. 109-59, Sec. 4107(b)(1).
See below.
Pub. L. 109-59, Sec. 4107(b)(1), which directed amendment of
section 31104 of this title by redesignating "the second
subsection" as subsec. (f), was executed by redesignating the
second subsec. (c) of this section, relating to safety reviews of
new operators, as (f), to reflect the probable intent of Congress.
Subsec. (c)(1). Pub. L. 109-59, Sec. 7112(b)(1), substituted
"section 521(b)(5)(A)" for "sections 521(b)(5)(A) and 5113".
Subsec. (c)(3). Pub. L. 109-59, Sec. 7112(b)(2), inserted at end
"A violation of this paragraph by an owner or operator transporting
hazardous material shall be considered a violation of chapter 51,
and shall be subject to the penalties in sections 5123 and 5124."
Subsec. (c)(5). Pub. L. 109-59, Sec. 4114(b), added par. (5).
Subsecs. (d), (e). Pub. L. 109-59, Sec. 4114(c), added subsec.
(d) and redesignated former subsec. (d) as (e). Former subsec. (e)
redesignated (f).
Subsec. (f). Pub. L. 109-59, Sec. 7112(c), which directed
amendment of this section by redesignating the second subsec. (c),
relating to safety reviews of new operators, as (f), could not be
executed because of amendment by Pub. L. 109-59, Sec. 4107(b)(1).
See below.
Pub. L. 109-59, Sec. 4114(c)(1), redesignated subsec. (e) as (f).
Pub. L. 109-59, Sec. 4107(b)(1), which directed amendment of
section 31104 of this title by redesignating "the second
subsection" as subsec. (f), was executed by redesignating the
second subsec. (c) of this section, relating to safety reviews of
new operators, as (f), to reflect the probable intent of Congress.
Subsec. (f)(5). Pub. L. 109-59, Sec. 4107(b)(2), which directed
amendment of this section by adding par. (5) "at the end of such
subsection", was executed by adding par. (5) at the end of subsec.
(f), as redesignated by Pub. L. 109-59, Sec. 4107(b)(1), to reflect
the probable intent of Congress. See above.
Subsec. (g). Pub. L. 109-59, Sec. 4114(c)(1), which directed
amendment of this section by redesignating "the second subsection
(c)" as (g), was executed by redesignating subsec. (f) as (g) to
reflect the probable intent of Congress and the redesignation of
the second subsec. (c) as (f) by Pub. L. 109-59, Sec. 4107(b)(1).
See above.
1999 - Subsec. (c). Pub. L. 106-159 added subsec. (c) relating to
safety reviews of new operators.
1998 - Pub. L. 105-178 reenacted section catchline without change
and amended text generally, substituting, in subsec. (a), general
provisions for provisions relating to procedure and, in subsec.
(b), provisions relating to procedure for provisions relating to
findings and action on registrations, and adding subsecs. (c) to
(e).
1995 - Subsec. (a)(1). Pub. L. 104-88, Sec. 104(g)(1)-(3), in
first sentence substituted "The Secretary" for "In cooperation with
the Interstate Commerce Commission, the Secretary" and "section
13902" for "sections 10922 and 10923" and in subpar. (C) struck out
"and the Commission" after "Secretary".
Subsec. (b). Pub. L. 104-88, Sec. 104(g)(4), added subsec. (b)
and struck out former subsec. (b) which read as follows: "Findings
and Action on Applications. - The Commission shall -
"(1) find an applicant for authority to operate as a motor
carrier unfit if the applicant does not meet the safety fitness
requirements established under subsection (a) of this section;
and
"(2) deny the application."

EFFECTIVE DATE OF 1995 AMENDMENT
Amendment by Pub. L. 104-88 effective Jan. 1, 1996, see section 2
of Pub. L. 104-88, set out as an Effective Date note under section
701 of this title.

HIGH RISK CARRIER COMPLIANCE REVIEWS
Pub. L. 109-59, title IV, Sec. 4138, Aug. 10, 2005, 119 Stat.
1745, provided that: "From the funds authorized by section 31104(i)
of title 49, United States Code, the Secretary [of Transportation]
shall ensure that compliance reviews are completed on motor
carriers that have demonstrated through performance data that they
pose the highest safety risk. At a minimum, a compliance review
shall be conducted whenever a motor carrier is rated as category A
or B for 2 consecutive months."

MINIMUM REQUIREMENTS
Pub. L. 106-159, title II, Sec. 210(b), Dec. 9, 1999, 113 Stat.
1765, provided that: "The Secretary shall initiate a rulemaking to
establish minimum requirements for applicant motor carriers,
including foreign motor carriers, seeking Federal interstate
operating authority to ensure applicant carriers are knowledgeable
about applicable Federal motor carrier safety standards. As part of
that rulemaking, the Secretary shall consider the establishment of
a proficiency examination for applicant motor carriers as well as
other requirements to ensure such applicants understand applicable
safety regulations before being granted operating authority."

-End-



-CITE-
49 USC Sec. 31145 01/03/2007

-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS
PART B - COMMERCIAL
CHAPTER 311 - COMMERCIAL MOTOR VEHICLE SAFETY
SUBCHAPTER III - SAFETY REGULATION

-HEAD-
Sec. 31145. Coordination of Governmental activities and paperwork

-STATUTE-
The Secretary of Transportation shall coordinate the activities
of departments, agencies, and instrumentalities of the United
States Government to ensure adequate protection of the safety and
health of operators of commercial motor vehicles. The Secretary
shall attempt to minimize paperwork burdens to ensure maximum
coordination and to avoid overlap and the imposition of
unreasonable burdens on persons subject to regulations under this
subchapter.

-SOURCE-
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1012.)

-MISC1-



HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at Large)
Section
--------------------------------------------------------------------
31145 49 App.:2517(b). Oct. 30, 1984, Pub. L.
98-554, Sec. 220(b), 98
Stat. 2846.
--------------------------------------------------------------------


-End-



-CITE-
49 USC Sec. 31146 01/03/2007

-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS
PART B - COMMERCIAL
CHAPTER 311 - COMMERCIAL MOTOR VEHICLE SAFETY
SUBCHAPTER III - SAFETY REGULATION

-HEAD-
Sec. 31146. Relationship to other laws

-STATUTE-
Except as provided in section 31136(b) of this title, this
subchapter and the regulations prescribed under this subchapter do
not affect chapter 51 of this title or a regulation prescribed
under chapter 51.

-SOURCE-
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1013.)

-MISC1-



HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at Large)
Section
--------------------------------------------------------------------
31146 49 App.:2518. Oct. 30, 1984, Pub. L.
98-554, Sec. 221, 98 Stat.
2846.
--------------------------------------------------------------------


-End-



-CITE-
49 USC Sec. 31147 01/03/2007

-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS
PART B - COMMERCIAL
CHAPTER 311 - COMMERCIAL MOTOR VEHICLE SAFETY
SUBCHAPTER III - SAFETY REGULATION

-HEAD-
Sec. 31147. Limitations on authority

-STATUTE-
(a) Traffic Regulations. - This subchapter does not authorize the
Secretary of Transportation to prescribe traffic safety regulations
or preempt State traffic regulations. However, the Secretary may
prescribe traffic regulations to the extent their subject matter
was regulated under parts 390-399 of title 49, Code of Federal
Regulations, on October 30, 1984.
(b) Regulating the Manufacturing of Vehicles. - This subchapter
does not authorize the Secretary to regulate the manufacture of
commercial motor vehicles for any purpose, including fuel economy,
safety, or emission control.

-SOURCE-
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1013.)

-MISC1-



HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at Large)
Section
--------------------------------------------------------------------
31147(a) 49 App.:2519(a). Oct. 30, 1984, Pub. L.
98-554, Sec. 229, 98 Stat.
2853.
31147(b) 49 App.:2519(b).
--------------------------------------------------------------------

In subsection (a), the word "prescribe" is substituted for
"establish or maintain" for consistency in the revised title and
with other titles of the United States Code.

-End-



-CITE-
49 USC Sec. 31148 01/03/2007

-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS
PART B - COMMERCIAL
CHAPTER 311 - COMMERCIAL MOTOR VEHICLE SAFETY
SUBCHAPTER III - SAFETY REGULATION

-HEAD-
Sec. 31148. Certified motor carrier safety auditors

-STATUTE-
(a) In General. - Not later than 1 year after the date of the
enactment of this section, the Secretary of Transportation shall
complete a rulemaking to improve training and provide for the
certification of motor carrier safety auditors, including private
contractors, to conduct safety inspection audits and reviews
described in subsection (b).
(b) Certified Inspection Audit Requirement. - Not later than 1
year after completion of the rulemaking required by subsection (a),
any safety inspection audit or review required by, or based on the
authority of, this chapter or chapter 5, 313, or 315 of this title
and performed after December 31, 2002, shall be conducted by -
(1) a motor carrier safety auditor certified under subsection
(a); or
(2) a Federal or State employee who, on the date of the
enactment of this section, was qualified to perform such an audit
or review.

(c) Extension. - If the Secretary determines that subsection (b)
cannot be implemented within the 1-year period established by that
subsection and notifies the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives of the
determination and the reasons therefor, the Secretary may extend
the deadline for compliance with subsection (b) by not more than 12
months.
(d) Application With Other Authority. - The Secretary may not
delegate the Secretary's authority to private contractors to issue
ratings or operating authority, and nothing in this section
authorizes any private contractor to issue ratings or operating
authority.
(e) Oversight Responsibility. - The Secretary shall have
authority over any motor carrier safety auditor certified under
subsection (a), including the authority to decertify a motor
carrier safety auditor.

-SOURCE-
(Added Pub. L. 106-159, title II, Sec. 211(a), Dec. 9, 1999, 113
Stat. 1765.)

-REFTEXT-
REFERENCES IN TEXT
The date of the enactment of this section, referred to in
subsecs. (a) and (b)(2), is the date of enactment of Pub. L. 106-
159, which was approved Dec. 9, 1999.

-End-



-CITE-
49 USC Sec. 31149 01/03/2007

-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS
PART B - COMMERCIAL
CHAPTER 311 - COMMERCIAL MOTOR VEHICLE SAFETY
SUBCHAPTER III - SAFETY REGULATION

-HEAD-
Sec. 31149. Medical program

-STATUTE-
(a) Medical Review Board. -
(1) Establishment and function. - The Secretary of
Transportation shall establish a Medical Review Board to provide
the Federal Motor Carrier Safety Administration with medical
advice and recommendations on medical standards and guidelines
for the physical qualifications of operators of commercial motor
vehicles, medical examiner education, and medical research.
(2) Composition. - The Medical Review Board shall be appointed
by the Secretary and shall consist of 5 members selected from
medical institutions and private practice. The membership shall
reflect expertise in a variety of medical specialties relevant to
the driver fitness requirements of the Federal Motor Carrier
Safety Administration.

(b) Chief Medical Examiner. - The Secretary shall appoint a chief
medical examiner who shall be an employee of the Federal Motor
Carrier Safety Administration and who shall hold a position under
section 3104 of title 5, United States Code, relating to employment
of specially qualified scientific and professional personnel, and
shall be paid under section 5376 of title 5, United States Code,
relating to pay for certain senior-level positions.
(c) Medical Standards and Requirements. -
(1) In general. - The Secretary, with the advice of the Medical
Review Board and the chief medical examiner, shall -
(A) establish, review, and revise -
(i) medical standards for operators of commercial motor
vehicles that will ensure that the physical condition of
operators of commercial motor vehicles is adequate to enable
them to operate the vehicles safely; and
(ii) requirements for periodic physical examinations of
such operators performed by medical examiners who have, at a
minimum, self-certified that they have completed training in
physical and medical examination standards and are listed on
a national registry maintained by the Department of
Transportation;

(B) require each such operator to have a current valid
medical certificate;
(C) conduct periodic reviews of a select number of medical
examiners on the national registry to ensure that proper
examinations of such operators are being conducted;
(D) develop, as appropriate, specific courses and materials
for medical examiners listed in the national registry
established under this section, and require those medical
examiners to, at a minimum, self-certify that they have
completed specific training, including refresher courses, to be
listed in the registry;
(E) require medical examiners to transmit the name of the
applicant and numerical identifier, as determined by the
Administrator of the Federal Motor Carrier Safety
Administration, for any completed medical examination report
required under section 391.43 of title 49, Code of Federal
Regulations, electronically to the chief medical examiner on
monthly basis; and
(F) periodically review a representative sample of the
medical examination reports associated with the name and
numerical identifiers of applicants transmitted under
subparagraph (E) for errors, omissions, or other indications of
improper certification.

(2) Monitoring performance. - The Secretary shall investigate
patterns of errors or improper certification by a medical
examiner. If the Secretary finds that a medical examiner has
issued a medical certificate to an operator of a commercial motor
vehicle who fails to meet the applicable standards at the time of
the examination or that a medical examiner has falsely claimed to
have completed training in physical and medical examination
standards as required by this section, the Secretary may remove
such medical examiner from the registry and may void the medical
certificate of the applicant or holder.

(d) National Registry of Medical Examiners. - The Secretary,
acting through the Federal Motor Carrier Safety Administration -
(1) shall establish and maintain a current national registry of
medical examiners who are qualified to perform examinations and
issue medical certificates;
(2) shall remove from the registry the name of any medical
examiner that fails to meet or maintain the qualifications
established by the Secretary for being listed in the registry or
otherwise does not meet the requirements of this section or
regulation issued under this section;
(3) shall accept as valid only medical certificates issued by
persons on the national registry of medical examiners; and
(4) may make participation of medical examiners in the national
registry voluntary if such a change will enhance the safety of
operators of commercial motor vehicles.

(e) Regulations. - The Secretary shall issue such regulations as
may be necessary to carry out this section.

-SOURCE-
(Added Pub. L. 109-59, title IV, Sec. 4116(a), Aug. 10, 2005, 119
Stat. 1726.)


-MISC1-
EFFECTIVE DATE
Pub. L. 109-59, title IV, Sec. 4116(f), Aug. 10, 2005, 119 Stat.
1728, provided that: "The amendment made by subsection (a)
[enacting this section] shall take effect on the 365th day
following the date of enactment of this Act [Aug. 10, 2005]."

-End-



-CITE-
49 USC Sec. 31150 01/03/2007

-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS
PART B - COMMERCIAL
CHAPTER 311 - COMMERCIAL MOTOR VEHICLE SAFETY
SUBCHAPTER III - SAFETY REGULATION

-HEAD-
Sec. 31150. Safety performance history screening

-STATUTE-
(a) In General. - The Secretary of Transportation shall provide
persons conducting preemployment screening services for the motor
carrier industry electronic access to the following reports
contained in the Motor Carrier Management Information System:
(1) Commercial motor vehicle accident reports.
(2) Inspection reports that contain no driver-related safety
violations.
(3) Serious driver-related safety violation inspection reports.

(b) Conditions on Providing Access. - Before providing a person
access to the Motor Carrier Management Information System under
subsection (a), the Secretary shall -
(1) ensure that any information that is released to such person
will be in accordance with the Fair Credit Reporting Act (15
U.S.C. 1681 et seq.) and all other applicable Federal law;
(2) ensure that such person will not conduct a screening
without the operator-applicant's written consent;
(3) ensure that any information that is released to such person
will not be released to any person or entity, other than the
motor carrier requesting the screening services or the operator-
applicant, unless expressly authorized or required by law; and
(4) provide a procedure for the operator-applicant to correct
inaccurate information in the System in a timely manner.

(c) Design. - The process for providing access to the Motor
Carrier Management Information System under subsection (a) shall be
designed to assist the motor carrier industry in assessing an
individual operator's crash and serious safety violation inspection
history as a preemployment condition. Use of the process shall not
be mandatory and may only be used during the preemployment
assessment of an operator-applicant.
(d) Serious Driver-Related Safety Violation Defined. - In this
section, the term "serious driver-related violation" means a
violation by an operator of a commercial motor vehicle that the
Secretary determines will result in the operator being prohibited
from continuing to operate a commercial motor vehicle until the
violation is corrected.

-SOURCE-
(Added Pub. L. 109-59, title IV, Sec. 4117(a), Aug. 10, 2005, 119
Stat. 1728.)

-REFTEXT-
REFERENCES IN TEXT
The Fair Credit Reporting Act, referred to in subsec. (b)(1), is
title VI of Pub. L. 90-321, as added by Pub. L. 91-508, title VI,
Sec. 601, Oct. 26, 1970, 84 Stat. 1127, as amended, which is
classified generally to subchapter III (Sec. 1681 et seq.) of
chapter 41 of Title 15, Commerce and Trade. For complete
classification of this Act to the Code, see Short Title note set
out under section 1601 of Title 15 and Tables.

-End-



-CITE-
49 USC Sec. 31151 01/03/2007

-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS
PART B - COMMERCIAL
CHAPTER 311 - COMMERCIAL MOTOR VEHICLE SAFETY
SUBCHAPTER III - SAFETY REGULATION

-HEAD-
Sec. 31151. Roadability

-STATUTE-
(a) Inspection, Repair, and Maintenance of Intermodal Equipment. -

(1) In general. - Not later than 1 year after the date of
enactment of this section, the Secretary of Transportation, after
providing notice and opportunity for comment, shall issue
regulations establishing a program to ensure that intermodal
equipment used to transport intermodal containers is safe and
systematically maintained.
(2) Intermodal equipment safety regulations. - The Secretary
shall issue the regulations under this section as a subpart of
the Federal motor carrier safety regulations.
(3) Contents. - The regulations issued under this section shall
include, at a minimum -
(A) a requirement to identify intermodal equipment providers
responsible for the inspection and maintenance of intermodal
equipment that is interchanged or intended for interchange to
motor carriers in intermodal transportation;
(B) a requirement to match intermodal equipment readily to an
intermodal equipment provider through a unique identifying
number;
(C) a requirement that an intermodal equipment provider
identified under subparagraph (A) systematically inspect,
repair, and maintain, or cause to be systematically inspected,
repaired, and maintained, intermodal equipment described in
subparagraph (A) that is intended for interchange with a motor
carrier;
(D) a requirement to ensure that each intermodal equipment
provider identified under subparagraph (A) maintains a system
of maintenance and repair records for such equipment;
(E) requirements that -
(i) a specific list of intermodal equipment components or
items be identified for the visual or audible inspection of
which a driver is responsible before operating the equipment
over the road; and
(ii) the inspection under clause (i) be conducted as part
of the Federal requirement in effect on the date of enactment
of this Act that a driver be satisfied that the intermodal
equipment components are in good working order before the
equipment is operated over the road;

(F) a requirement that a facility at which an intermodal
equipment provider regularly makes intermodal equipment
available for interchange have an operational process and space
readily available for a motor carrier to have an equipment
defect identified pursuant to subparagraph (E) repaired or the
equipment replaced prior to departure;
(G) a program for the evaluation and audit of compliance by
intermodal equipment providers with applicable Federal motor
carrier safety regulations;
(H) a civil penalty structure consistent with section 521(b)
of title 49, United States Code, for intermodal equipment
providers that fail to attain satisfactory compliance with
applicable Federal motor carrier safety regulations; and
(I) a prohibition on intermodal equipment providers from
placing intermodal equipment in service on the public highways
to the extent such providers or their equipment are found to
pose an imminent hazard;
(J) a process by which motor carriers and agents of motor
carriers shall be able to request the Federal Motor Carrier
Safety Administration to undertake an investigation of an
intermodal equipment provider identified under subparagraph (A)
that is alleged to be not in compliance with the regulations
under this section;
(K) a process by which equipment providers and agents of
equipment providers shall be able to request the Administration
to undertake an investigation of a motor carrier that is
alleged to be not in compliance with the regulations issued
under this section;
(L) a process by which a driver or motor carrier transporting
intermodal equipment is required to report to the intermodal
equipment provider or the provider's designated agent any
actual damage or defect in the intermodal equipment of which
the driver or motor carrier is aware at the time the intermodal
equipment is returned to the intermodal equipment provider or
the provider's designated agent;
(M) a requirement that any actual damage or defect identified
in the process established under subparagraph (L) be repaired
before the equipment is made available for interchange to a
motor carrier and that repairs of equipment made pursuant to
the requirements of this subparagraph and reports made pursuant
to the subparagraph (L) process be documented in the
maintenance records for such equipment; and
(N) a procedure under which motor carriers, drivers and
intermodal equipment providers may seek correction of their
motor carrier safety records through the deletion from those
records of violations of safety regulations attributable to
deficiencies in the intermodal chassis or trailer for which
they should not have been held responsible.

(4) Deadline for rulemaking proceeding. - Not later than 120
days after the date of enactment of this section, the Secretary
shall initiate a rulemaking proceeding for issuance of the
regulations under this section.

(b) Inspection, Repair, and Maintenance of Intermodal Equipment. -
The Secretary or an employee of the Department of Transportation
designated by the Secretary may inspect intermodal equipment, and
copy related maintenance and repair records for such equipment, on
demand and display of proper credentials.
(c) Out-of-Service Until Repair. - Any intermodal equipment that
is determined under this section to fail to comply with applicable
Federal safety regulations may be placed out of service by the
Secretary or a Federal, State, or government official designated by
the Secretary and may not be used on a public highway until the
repairs necessary to bring such equipment into compliance have been
completed. Repairs of equipment taken out of service shall be
documented in the maintenance records for such equipment.
(d) Preemption Generally. - Except as provided in subsection (e),
a law, regulation, order, or other requirement of a State, a
political subdivision of a State, or a tribal organization relating
to commercial motor vehicle safety is preempted if such law,
regulation, order, or other requirement exceeds or is inconsistent
with a requirement imposed under or pursuant to this section.
(e) Pre-Existing State Requirements. -
(1) In general. - Except as provided in paragraph (2), a State
requirement for the periodic inspection of intermodal chassis by
intermodal equipment providers that was in effect on January 1,
2005, shall remain in effect only until the date on which
requirements prescribed under this section take effect.
(2) Nonpreemption determinations. -
(A) In general. - Notwithstanding subsection (d), a State
requirement described in paragraph (1) is not preempted by a
Federal requirement prescribed under this section if the
Secretary determines that the State requirement is as effective
as the Federal requirement and does not unduly burden
interstate commerce.
(B) Application required. - Subparagraph (A) applies to a
State requirement only if the State applies to the Secretary
for a determination under this paragraph with respect to the
requirement before the date on which the regulations issued
under this section take effect. The Secretary shall make a
determination with respect to any such application within 6
months after the date on which the Secretary receives the
application.
(C) Amended state requirements. - Any amendment to a State
requirement not preempted under this subsection because of a
determination by the Secretary under subparagraph (A) may not
take effect unless -
(i) it is submitted to the Secretary before the effective
date of the amendment; and
(ii) the Secretary determines that the amendment would not
cause the State requirement to be less effective than the
Federal requirement and would not unduly burden interstate
commerce.

(f) Definitions. - In this section, the following definitions
apply:
(1) Intermodal equipment. - The term "intermodal equipment"
means trailing equipment that is used in the intermodal
transportation of containers over public highways in interstate
commerce, including trailers and chassis.
(2) Intermodal equipment interchange agreement. - The term
"intermodal equipment interchange agreement" means the Uniform
Intermodal Interchange and Facilities Access Agreement or any
other written document executed by an intermodal equipment
provider or its agent and a motor carrier or its agent, the
primary purpose of which is to establish the responsibilities and
liabilities of both parties with respect to the interchange of
the intermodal equipment.
(3) Intermodal equipment provider. - The term "intermodal
equipment provider" means any person that interchanges intermodal
equipment with a motor carrier pursuant to a written interchange
agreement or has a contractual responsibility for the maintenance
of the intermodal equipment.
(4) Interchange. - The term "interchange" -
(A) means the act of providing intermodal equipment to a
motor carrier pursuant to an intermodal equipment interchange
agreement for the purpose of transporting the equipment for
loading or unloading by any person or repositioning the
equipment for the benefit of the equipment provider; but
(B) does not include the leasing of equipment to a motor
carrier for primary use in the motor carrier's freight hauling
operations.

-SOURCE-
(Added Pub. L. 109-59, title IV, Sec. 4118(a), Aug. 10, 2005, 119
Stat. 1729.)

-REFTEXT-
REFERENCES IN TEXT
The date of enactment of this section, referred to in subsec.
(a)(1), (4), is the date of enactment of Pub. L. 109-59, which was
approved Aug. 10, 2005.
The date of enactment of this Act, referred to in subsec.
(a)(3)(E)(ii), probably means the date of enactment of Pub. L. 109-
59, which enacted this section and which was approved Aug. 10,
2005.

-End-


-CITE-
49 USC SUBCHAPTER IV - MISCELLANEOUS 01/03/2007

-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS
PART B - COMMERCIAL
CHAPTER 311 - COMMERCIAL MOTOR VEHICLE SAFETY
SUBCHAPTER IV - MISCELLANEOUS

-HEAD-
SUBCHAPTER IV - MISCELLANEOUS


-MISC1-
PRIOR PROVISIONS
A prior subchapter IV consisted of sections 31161 and 31162,
prior to repeal by Pub. L. 105-178, title IV, Sec. 4010, June 9,
1998, 112 Stat. 407.

-End-



-CITE-
49 USC Sec. 31161 01/03/2007

-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS
PART B - COMMERCIAL
CHAPTER 311 - COMMERCIAL MOTOR VEHICLE SAFETY
SUBCHAPTER IV - MISCELLANEOUS

-HEAD-
Sec. 31161. International cooperation

-STATUTE-
The Secretary of Transportation is authorized to use funds made
available by section 31104(i) to participate and cooperate in
international activities to enhance motor carrier, commercial motor
vehicle, driver, and highway safety by such means as exchanging
information, conducting research, and examining needs, best
practices, and new technology.

-SOURCE-
(Added Pub. L. 109-59, title IV, Sec. 4119(a), Aug. 10, 2005, 119
Stat. 1733.)


-MISC1-
PRIOR PROVISIONS
Prior sections 31161 and 31162 were repealed by Pub. L. 105-178,
title IV, Sec. 4010, June 9, 1998, 112 Stat. 407.
Section 31161, Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108
Stat. 1013, related to procedures to ensure timely correction of
safety violations.
Section 31162, Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108
Stat. 1014, related to compliance review priority.

-End-
   

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