CHAPTER 311 —COMMERCIAL MOTOR VEHICLE SAFETY
SUBCHAPTER I—STATE GRANTS
SUBCHAPTER II—LENGTH AND WIDTH LIMITATIONS
SUBCHAPTER III—SAFETY REGULATION
SUBCHAPTER IV—MISCELLANEOUS
SUBCHAPTER I—STATE GRANTS
Subchapter Referred to in Other Sections
This subchapter is referred to in
§31101. Definitions
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 of at least 10,000 pounds;
(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
(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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 31101 | 49 App.:2301(1), (3)–(6). | Jan. 6, 1983, |
| 49 App.:2301(2). | Jan. 6, 1983, |
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.
§31102. Grants to States
(a)
(b)
(A) designates the State motor vehicle safety agency responsible for administering the plan throughout the State;
(B) contains satisfactory assurances the agency has or will have the legal authority, resources, and qualified personnel necessary to enforce the regulations, standards, and orders;
(C) contains satisfactory assurances the State will devote adequate amounts to the administration of the plan and enforcement of the regulations, standards, and orders;
(D) 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;
(E) provides a right of entry and inspection to carry out the plan;
(F) 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;
(G) provides that the agency will adopt the reporting requirements and use the forms for recordkeeping, inspections, and investigations the Secretary prescribes;
(H) 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;
(I) 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;
(J) ensures that activities described in subsection (c) 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);
(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
(M) ensures participation by the 48 contiguous States in SAFETYNET not later than January 1, 1994;
(N) 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;
(O) provides satisfactory assurances that the State will promote activities—
(i) to remove 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) to provide an appropriate level of training to State motor carrier safety assistance program officers and employees on recognizing drivers impaired by alcohol or controlled substances;
(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; and
(P) 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.
(2) If the Secretary disapproves a plan under this subsection, the Secretary shall give the State a written explanation and allow the State to modify and resubmit the plan for approval.
(3) In estimating the average level of State expenditure under paragraph (1)(D) 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)
(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 (
(3) enforcement of State traffic laws and regulations designed to promote the safe operation of commercial motor vehicles.
(d)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 31102(a) | 49 App.:2302(a). | Jan. 6, 1983, |
| 31102(b) | 49 App.:2302(b), (d). | Jan. 6, 1983, |
| 31102(c) | 49 App.:2302(e). | Jan. 6, 1983, |
| 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.
Section Referred to in Other Sections
This section is referred to in
§31103. United States Government's share of costs
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 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
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 31103 | 49 App.:2303. | Jan. 6, 1983, |
The word "rules" is omitted as being synonymous with "regulations".
§31104. Availability of amounts
(a)
(1) not more than $76,000,000 for the fiscal year ending September 30, 1993.
(2) not more than $80,000,000 for the fiscal year ending September 30, 1994.
(3) not more than $83,000,000 for the fiscal year ending September 30, 1995.
(4) not more than $85,000,000 for the fiscal year ending September 30, 1996.
(5) not more than $90,000,000 for the fiscal year ending September 30, 1997.
(b)
(2) 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.
(c)
(d)
(e)
(f)
(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.
(g)
(A) for each fiscal year beginning after September 30, 1992, the Secretary shall obligate at least $1,500,000 to make grants to States for training inspectors to enforce regulations prescribed by the Secretary related to the transportation of hazardous material by commercial motor vehicles;
(B) for each of the fiscal years ending September 30, 1993–1997, the Secretary may obligate not more than $2,000,000 to carry out
(C) for each of the fiscal years ending September 30, 1993–1997, the Secretary may obligate not more than $2,000,000 to carry out
(D) for each of the fiscal years ending September 30, 1993–1995, the Secretary shall obligate at least $4,250,000, and for each of the fiscal years ending September 30, 1996, and 1997, the Secretary shall obligate at least $5,000,000, for traffic enforcement activities related to commercial motor vehicle drivers that are carried out in conjunction with an appropriate inspection of a commercial motor vehicle for compliance with Government or State commercial motor vehicle safety regulations;
(E) for each of the fiscal years ending September 30, 1993–1995, the Secretary shall obligate at least $1,000,000 to increase enforcement of the licensing requirements of
(F) for each fiscal year, the Secretary shall obligate at least $500,000 for research, development, and demonstration of technologies, methodologies, analyses, or information systems designed to carry out
(G) for each fiscal year, the Secretary shall obligate at least $350,000 to educate the motoring public on how to share the road safely with commercial motor vehicles.
(2) The Secretary shall announce publicly amounts obligated under paragraph (1)(F) of this subsection and award those amounts competitively, when practicable, to any eligible State for up to 100 percent of the State costs or to other persons as the Secretary decides.
(3) In carrying out educational activities referred to in paragraph (1)(G) of this subsection, the Secretary shall consult with appropriate industry representatives.
(h)
(i)
(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.
(j)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 31104(a) | 49 App.:2304(a). | Jan. 6, 1983, |
| 31104(b) | 49 App.:2304(c). | Jan. 6, 1983, |
| 49 App.:2304(e). | Jan. 6, 1983, |
|
| 31104(c) | 49 App.:2304(b). | |
| 31104(d) | 49 App.:2304(d). | |
| 31104(e) | 49 App.:2304(f)(1). | Jan. 6, 1983, |
| 31104(f) | 49 App.:2304(f)(2). | |
| 31104(g)(1) | 49 App.:2304(g) (less last sentences of (5) and (6)). | Jan. 6, 1983, |
| 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, |
| 31104(j) | 49 App.:2302 (note). | Dec. 18, 1991, |
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 (
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
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
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
References in Text
Section 404(a) of the Surface Transportation Assistance Act of 1982, referred to in subsec. (b)(2), is section 404(a) of
Section Referred to in Other Sections
This section is referred to in
§31105. Employee protections
(a)
(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)
(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)
(d)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 31105(a) | 49 App.:2305(a), (b). | Jan. 6, 1983, |
| 31105(b) | 49 App.:2305(c). | |
| 31105(c) | 49 App.:2305(d). | |
| 31105(d) | 49 App.:2305(e). | Jan. 6, 1983, |
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
In subsection (d), the text of 49 App.:2305(e) (last sentence) is omitted as unnecessary.
§31106. Commercial motor vehicle information system program
(a)
(1) has a gross vehicle weight rating of at least 10,001 pounds;
(2) is designed to transport more than 15 passengers, including the driver; or
(3) is used in transporting material found by the Secretary of Transportation to be hazardous under
(b)
(2) The operation of the information system established under paragraph (1) of this subsection shall be paid for by a schedule of user fees. The Secretary may authorize the operation of the information system by contract, through an agreement with one or more States, or by designating, after consulting with the States, a third party that represents the interests of the States.
(3) The Secretary shall prescribe standards to ensure—
(A) uniform information collection and reporting by the States necessary to carry out this section; and
(B) the availability and reliability of the information to the States and the Secretary from the information system.
(c)
(1) to allow a State when issuing license plates for a commercial motor vehicle to establish through use of the information system the safety fitness of the person seeking to register the vehicle; and
(2) to decide on types of sanctions that may be imposed on the registrant, or the types of conditions or limitations that may be imposed on the operations of the registrant, to ensure the safety fitness of the registrant.
(d)
(e)
(f)
(g)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 31106(a) | 49 App.:2306(f). | Jan. 6, 1983, |
| 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.
Section Referred to in Other Sections
This section is referred to in
§31107. Truck and bus accident grant program
(a)
(1) assisting the State in designing appropriate forms;
(2) drafting instruction manuals;
(3) training appropriate State and local officers on matters, including training on accident investigation techniques to decide on the probable cause of truck and bus accidents;
(4) analyzing and evaluating safety information to develop recommended changes to existing safety programs necessary to address more effectively the causes of truck and bus accidents; and
(5) other activities the Secretary decides are appropriate to carry out this section.
(b)
(c)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 31107 | 49 App.:2307. | Jan. 6, 1983, |
In subsection (a)(3), the words "on matters, including training on accident" are substituted for "including training on accident" for clarity.
Section Referred to in Other Sections
This section is referred to in
§31108. Authorization of appropriations
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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 31108 | (uncodified). | Dec. 18, 1991, |
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.
SUBCHAPTER II—LENGTH AND WIDTH LIMITATIONS
Subchapter Referred to in Other Sections
This subchapter is referred to in
§31111. Length limitations
(a)
(1) "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.
(2) "truck tractor" means—
(A) a non-property-carrying power unit that operates in combination with a semitrailer or trailer; or
(B) a power unit that carries as property only motor vehicles when operating in combination with a semitrailer in transporting motor vehicles.
(b)
(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; or
(D) has the effect of prohibiting the use of an existing semitrailer or trailer, of not more than 28.5 feet in length, in a truck tractor-semitrailer-trailer combination if the semitrailer or trailer was operating lawfully on December 1, 1982, within a 65-foot overall length limit in any State.
(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)
(d)
(e)
(f)
(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)
(
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 (
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.
Section Referred to in Other Sections
This section is referred to in
§31112. Property-carrying unit limitation
(a)
(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)
(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)
(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
(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; and
(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.
(d)
(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.
(e)
(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
(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)
(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
(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)
(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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 31112(a)(1) | 49 App.:2311(j)(7). | Jan 6, 1983, |
| 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 (
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.
Section Referred to in Other Sections
This section is referred to in title 23 sections 127, 141.
§31113. Width limitations
(a)
(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)
(c)
(d)
(e)
(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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 31113(a) | 49 App.:2316(a), (f). | Jan. 6, 1983, |
| 31113(b) | 49 App.:2316(b). | Jan. 6, 1983, |
| 31113(c) | 49 App.:2316(c). | |
| 31113(d) | 49 App.:2316(d). | |
| 31113(e) | 49 App.:2316(e). | Jan. 6, 1983, |
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 (
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.
Section Referred to in Other Sections
This section is referred to in
§31114. Access to the Interstate System
(a)
(1) the Dwight D. Eisenhower System of Interstate and Defense Highways (except a segment exempted under
(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
(b)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 31114(a) | 49 App.:2312(a). | Jan. 6, 1983, |
| 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.
Section Referred to in Other Sections
This section is referred to in
§31115. Enforcement
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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 31115 | 49 App.:2313. | Jan. 6, 1983, |
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.
SUBCHAPTER III—SAFETY REGULATION
Subchapter Referred to in Other Sections
This subchapter is referred to in
§31131. Purposes and findings
(a)
(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)
(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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 31131(a) | 49 App.:2501. | Oct. 30, 1984, |
| 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 (
§31132. Definitions
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 of at least 10,001 pounds;
(B) is designed to transport more than 15 passengers including the driver; or
(C) is used in transporting material found by the Secretary of Transportation to be hazardous under
(2) "employee" means an operator of a commercial motor vehicle (including an independent contractor when operating a commercial motor vehicle), a mechanic, a freight handler, or an individual not an employer, who—
(A) directly affects commercial motor vehicle safety in the course of employment; and
(B) is not an employee of the United States Government, a State, or a political subdivision of a State acting in the course of the employment by the Government, a State, or a political subdivision of a State.
(3) "employer"—
(A) means a person engaged in a business affecting interstate commerce that owns or leases a commercial motor vehicle in connection with that business, or assigns an employee to operate it; but
(B) does not include the Government, a State, or a political subdivision of a State.
(4) "interstate commerce" means trade, traffic, or transportation in the United States between a place in a State and—
(A) a place outside that State (including a place outside the United States); or
(B) another place in the same State through another State or through a place outside the United States.
(5) "intrastate commerce" means trade, traffic, or transportation in a State that is not interstate commerce.
(6) "regulation" includes a standard or order.
(7) "State" means a State of the United States, the District of Columbia, and, in
(8) "State law" includes a law enacted by a political subdivision of a State.
(9) "State regulation" includes a regulation prescribed by a political subdivision of a State.
(10) "United States" means the States of the United States and the District of Columbia.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 31132 | 49 App.:2503. | Oct. 30, 1984, |
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.
Section Referred to in Other Sections
This section is referred to in
§31133. General powers of the Secretary of Transportation
(a)
(1) conduct 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)
(c)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 31133(a) | 49 App.:2510(a), (b) (1st sentence). | Oct. 30, 1984, |
| 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.
§31134. Commercial Motor Vehicle Safety Regulatory Review Panel
(a)
(b)
(1) carry out those duties and powers designated to be carried out by the Panel under
(2) conduct a study to—
(A) evaluate the need, if any, for additional assistance from the United States Government to the States to enable them to enforce the regulations prescribed by the Secretary under
(B) decide on other methods of furthering the purposes of this subchapter; and
(3) make recommendations to the Secretary based on the results of the study conducted under clause (2) of this subsection.
(c)
(A) the Secretary or the Secretary's delegate.
(B) 7 individuals appointed by the Secretary from among individuals who represent the interests of States and political subdivisions of States and whose names have been submitted to the Secretary by the Committee on Commerce, Science, and Transportation of the Senate or the Committee on Public Works and Transportation of the House of Representatives.
(C) 7 individuals appointed by the Secretary from among individuals who represent the interests of business, consumer, labor, and safety groups and whose names have been submitted to the Secretary by the Committee on Commerce, Science, and Transportation of the Senate or the Committee on Public Works and Transportation of the House of Representatives.
(2) The Secretary shall select the individuals to be appointed under this subsection on the basis of their knowledge, expertise, or experience related to commercial motor vehicle safety. Half of the appointments shall be made from names submitted by the Committee on Commerce, Science, and Transportation of the Senate, and the other half from names submitted by the Committee on Public Works and Transportation of the House of Representatives. Each of these committees shall submit to the Secretary the names of 20 individuals qualified to serve on the Panel.
(3) The term of each member of the Panel appointed under paragraph (1)(B) and (C) of this subsection is 7 years.
(4) A vacancy on the Panel shall be filled in the way the original appointment was made. The vacancy does not affect the Panel's powers.
(d)
(2) Eight members of the Panel are a quorum, but the Panel may establish a lesser number as a quorum to hold hearings, take testimony, and receive evidence.
(3) The Panel shall meet at the call of the Chairman or a majority of its members.
(4) Members of the Panel shall serve without pay, except that they shall receive expenses under
(e)
(1) detail personnel of the Department of Transportation to the Panel as necessary to assist the Panel in carrying out its duties and powers; and
(2) provide office space, supplies, equipment, and other support services to the Panel as necessary for the Panel to carry out its duties and powers.
(f)
(g)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 31134(a) | 49 App.:2508(a). | Oct. 30, 1984, |
| 31134(b) | 49 App.:2508(b). | |
| 31134(c) | 49 App.:2508(c), (d)(1), (5). | |
| 31134(d) | 49 App.:2508(d) (2)–(4), (6). | |
| 31134(e) | 49 App.:2508(e), (f). | |
| 31134(f) | 49 App.:2508(g). | |
| 31134(g) | 49 App.:2508(h). |
In subsection (a), the words "As soon as practicable after October 30, 1984" are omitted as obsolete.
In subsection (d)(4), the words "per diem and travel" are omitted as surplus.
In subsection (f), the words "or affirmations" are omitted as unnecessary because of 1:1.
Change of Name
Committee on Public Works and Transportation of House of Representatives changed to Committee on Transportation and Infrastructure of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
§31135. Duties of employers and employees
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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 31135 | 49 App.:2504. | Oct. 30, 1984, |
§31136. United States Government regulations
(a)
(1) commercial motor vehicles are maintained, equipped, loaded, and operated safely;
(2) the responsibilities imposed on operators of commercial motor vehicles do not impair their ability to operate the vehicles safely;
(3) the physical condition of operators of commercial motor vehicles is adequate to enable them to operate the vehicles safely; and
(4) the operation of commercial motor vehicles does not have a deleterious effect on the physical condition of the operators.
(b)
(c)
(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)
(e)
(f)
(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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 31136(a) | 49 App.:2505(a), (g). | Oct. 30, 1984, |
| 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, |
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
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., §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.
Section Referred to in Other Sections
This section is referred to in
§31137. Monitoring device and brake maintenance regulations
(a)
(b)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 31137(a) | 49 App.:2505 (note). | Nov. 18, 1988, |
| 31137(b) | 49 App.:2521. | Oct. 30, 1984, |
In subsection (b), the text of 49 App.:2521(a) is omitted as executed.
§31138. Minimum financial responsibility for transporting passengers
(a)
(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)
(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)
(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.
(d)
(2) The Secretary of Transportation shall impose the penalty by written notice. In determining the amount of the penalty, the Secretary shall consider—
(A) the nature, circumstances, extent, and gravity of the violation;
(B) with respect to the violator, the degree of culpability, any history of prior violations, the ability to pay, and any effect on the ability to continue doing business; and
(C) other matters that justice requires.
(3) The Secretary of Transportation may compromise the penalty before referring the matter to the Attorney General for collection.
(4) The Attorney General shall bring a civil action in an appropriate district court of the United States to collect a penalty referred to the Attorney General for collection under this subsection.
(5) The amount of the penalty may be deducted from amounts the Government owes the person. An amount collected under this section shall be deposited in the Treasury as miscellaneous receipts.
(e)
(1) transporting only school children and teachers to or from school;
(2) 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; or
(3) carrying not more than 15 individuals in a single, daily round trip to and from work.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 31138(a) | 49:10927 (note). | Sept. 20, 1982, |
| 31138(b) | 49:10927 (note). | Sept. 20, 1982, |
| 31138(c) | 49:10927 (note). | Sept. 20, 1982, |
| 31138(d) | 49:10927 (note). | Sept. 20, 1982, |
| 31138(e) | 49:10927 (note). | Sept. 20, 1982, |
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 (
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 (
Section Referred to in Other Sections
This section is referred to in
§31139. Minimum financial responsibility for transporting property
(a)
(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
(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)
(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)
(A) hazardous material (as defined by the Secretary);
(B) oil or hazardous substances (as defined by the Administrator of the Environmental Protection Agency); or
(C) hazardous wastes (as defined by the Administrator).
(2)(A) Except as provided in subparagraph (B) of this paragraph, the level of financial responsibility established under paragraph (1) of this subsection shall be at least $5,000,000 for the transportation—
(i) of hazardous substances (as defined by the Administrator) in cargo tanks, portable tanks, or hopper-type vehicles, with capacities of more than 3,500 water gallons;
(ii) in bulk of class A explosives, poison gas, liquefied gas, or compressed gas; or
(iii) of large quantities of radioactive material.
(B) The Secretary of Transportation by regulation may reduce the minimum level in subparagraph (A) of this paragraph (to an amount not less than $1,000,000) for transportation described in subparagraph (A) in any of the territories of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands if—
(i) the chief executive officer of the territory requests the reduction;
(ii) the reduction will prevent a serious disruption in transportation service and will not adversely affect public safety; and
(iii) insurance of $5,000,000 is not readily available.
(3) The level of financial responsibility established under paragraph (1) of this subsection for the transportation of a material, oil, substance, or waste not subject to paragraph (2) of this subsection shall be at least $1,000,000. However, if the Secretary of Transportation finds it will not adversely affect public safety, the Secretary by regulation may reduce the amount for—
(A) a class of vehicles transporting such a material, oil, substance, or waste in intrastate commerce (except in bulk); and
(B) a farm vehicle transporting such a material or substance in interstate commerce (except in bulk).
(d)
(e)
(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.
(f)
(2) The Secretary of Transportation shall impose the penalty by written notice. In determining the amount of the penalty, the Secretary shall consider—
(A) the nature, circumstances, extent, and gravity of the violation;
(B) with respect to the violator, the degree of culpability, any history of prior violations, the ability to pay, and any effect on the ability to continue doing business; and
(C) other matters that justice requires.
(3) The Secretary of Transportation may compromise the penalty before referring the matter to the Attorney General for collection.
(4) The Attorney General shall bring a civil action in an appropriate district court of the United States to collect a penalty referred to the Attorney General for collection under this subsection.
(5) The amount of the penalty may be deducted from amounts the Government owes the person. An amount collected under this section shall be deposited in the Treasury as miscellaneous receipts.
(g)
(1) class A or B explosives;
(2) poison gas; or
(3) a large quantity of radioactive material.
(
In subsection (a), before clause (1), the text of section 30(h)(3) of the Motor Carrier Act of 1980 (
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 (
In subsection (c)(2), the text of section 30(b)(2)(B) of the Act (
In subsection (c)(3), before clause (A), the text of section 30(b)(3)(A) of the Act (
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 (
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.
Section Referred to in Other Sections
This section is referred to in
§31140. Submission of State laws and regulations for review
(a)
(b)
(1) indicate in writing to the Panel whether the law or regulation—
(A) has the same effect as a regulation prescribed by the Secretary under
(B) is less stringent than that regulation; or
(C) is additional to or more stringent than that regulation; and
(2) submit to the Panel other information the Panel or the Secretary may require to carry out this subchapter.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 31140(a) | 49 App.:2506(a)–(c). | Oct. 30, 1984, |
| 31140(b) | 49 App.:2506(d), (e). |
In subsection (a), the text of 49 App.:2506(a) and (c) is omitted as expired.
In subsection (b)(1), the reference to section 31136 was in the original "section 6" and was translated as if the reference was to section 206 to reflect the probable intent of Congress. The text of 49 App.:2506(e) is omitted as surplus because of section 31141 of the revised title.
Section Referred to in Other Sections
This section is referred to in
§31141. Review and preemption of State laws and regulations
(a)
(b)
(2) Not later than one year after the date the Secretary prescribes a regulation under
(A) decide whether the State law or regulation—
(i) has the same effect as the regulation prescribed by the Secretary;
(ii) is less stringent than that regulation; or
(iii) is additional to or more stringent than that regulation;
(B) decide, for each State law or regulation that the Panel decides is additional to or more stringent than the regulation prescribed by the Secretary, whether—
(i) the State law or regulation has no safety benefit;
(ii) the State law or regulation is incompatible with the regulation prescribed by the Secretary; or
(iii) enforcement of the State law or regulation would cause an unreasonable burden on interstate commerce; and
(C) notify the Secretary of the Panel's decisions under this subsection.
(c)
(A) conduct a regulatory proceeding to decide under this subsection whether the State law or regulation may be enforced; and
(B) prescribe a final regulation.
(2) If the Secretary decides a State law or regulation has the same effect as a regulation prescribed by the Secretary under
(3) If the Secretary decides a State law or regulation is less stringent than a regulation prescribed by the Secretary under
(4) If the Secretary decides a State law or regulation is additional to or more stringent than a regulation prescribed by the Secretary under
(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)(A) In deciding about a State law or regulation under this subsection, the Secretary shall give great weight to the corresponding decision made by the Panel about that law or regulation under subsection (b) of this section.
(B) In deciding under paragraph (4) of this subsection 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)
(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)
(f)
(g)
(2) The court has jurisdiction to review the decision, grant, or denial and to grant appropriate relief, including interim relief, as provided in
(3) A judgment of a court under this subsection may be reviewed only by the Supreme Court under
(4) The remedies provided for in this subsection are in addition to other remedies provided by law.
(h)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 31141(a) | 49 App.:2507(a). | Oct. 30, 1984, |
| 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, |
| 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.
Section Referred to in Other Sections
This section is referred to in
§31142. Inspection of vehicles
(a)
(b)
(c)
(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 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
(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)
(e)
(f)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 31142(a) | 49 App.:2509(a). | Oct. 30, 1984, |
| 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, |
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 Referred to in Other Sections
This section is referred to in
§31143. Investigating complaints and protecting complainants
(a)
(b)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 31143(a) | 49 App.:2511(a). | Oct. 30, 1984, |
| 31143(b) | 49 App.:2511(b). |
§31144. Safety fitness of owners and operators
(a)
(A) specific initial and continuing requirements to be met by the owners, operators, and persons to prove safety fitness;
(B) a means of deciding whether the owners, operators, and persons meet the safety fitness requirements under clause (A) of this paragraph; and
(C) specific time deadlines for action by the Secretary and the Commission in making fitness decisions.
(2) Regulations prescribed under this subsection supersede all regulations of the United States Government on safety fitness and safety rating of motor carriers in effect on October 30, 1984.
(b)
(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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 31144(a)(1) | 49 App.:2512(a), (b). | Oct. 30, 1984, |
| 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.
Section Referred to in Other Sections
This section is referred to in
§31145. Coordination of Governmental activities and paperwork
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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 31145 | 49 App.:2517(b). | Oct. 30, 1984, |
§31146. Relationship to other laws
Except as provided in
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 31146 | 49 App.:2518. | Oct. 30, 1984, |
§31147. Limitations on authority
(a)
(b)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 31147(a) | 49 App.:2519(a). | Oct. 30, 1984, |
| 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.
SUBCHAPTER IV—MISCELLANEOUS
§31161. Procedures to ensure timely correction of safety violations
(a)
(b)
(c)
(1) a nationwide system for random reinspection of the commercial motor vehicles and their operators that have been declared out-of-service because of those safety violations, with the main purpose of the system being to verify that the violations have been corrected on a timely basis;
(2) a program of accountability for correcting all safety violations that shall provide that—
(A) the operator of a commercial motor vehicle for which a safety violation has been noted shall be issued a form prescribed by the Secretary;
(B) the person making the repairs necessary to correct the violation shall certify on the form the making of repairs and the date, location, and time of the repairs;
(C) the motor carrier responsible for the commercial motor vehicle or operator shall certify on the form that, based on the carrier's knowledge, the repairs necessary to correct the violation have been made; and
(D) appropriate State penalties shall be imposed for a false statement on the form or a failure to return the form to the appropriate State entity; and
(3) a system for ensuring that appropriate State penalties are imposed for failure to correct any of those safety violations.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 31161 | 49 App.:2501 (note). | Nov. 3, 1990, |
In subsection (b), the words "to carry out the motor carrier safety assistance program" are omitted as surplus.
In subsection (c), the words "
§31162. Compliance review priority
If the Secretary of Transportation identifies a pattern of violations of State or local traffic safety laws or regulations or commercial motor vehicle safety regulations, standards, or orders among drivers of commercial motor vehicles employed by a particular motor carrier, the Secretary or a State representative shall ensure that the motor carrier receives a high priority for review of that carrier's compliance with applicable United States Government and State commercial motor vehicle safety regulations.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 31162 | 49 App.:2511a. | Dec. 18, 1991, |