§31102. Grants to States
(a)
(b)
(A) implements performance-based activities by fiscal year 2000;
(B) designates the State motor vehicle safety agency responsible for administering the plan throughout the State;
(C) contains satisfactory assurances the agency has or will have the legal authority, resources, and qualified personnel necessary to enforce the regulations, standards, and orders;
(D) contains satisfactory assurances the State will devote adequate amounts to the administration of the plan and enforcement of the regulations, standards, and orders;
(E) provides that the total expenditure of amounts of the State and its political subdivisions (not including amounts of the Government) for commercial motor vehicle safety programs for enforcement of commercial motor vehicle size and weight limitations, drug interdiction, and State traffic safety laws and regulations under subsection (c) of this section will be maintained at a level at least equal to the average level of that expenditure for its last 3 full fiscal years before December 18, 1991;
(F) provides a right of entry and inspection to carry out the plan;
(G) provides that all reports required under this section be submitted to the agency and that the agency will make the reports available to the Secretary on request;
(H) provides that the agency will adopt the reporting requirements and use the forms for recordkeeping, inspections, and investigations the Secretary prescribes;
(I) requires registrants of commercial motor vehicles to make a declaration of knowledge of applicable safety regulations, standards, and orders of the Government and the State;
(J) provides that the State will grant maximum reciprocity for inspections conducted under the North American Inspection Standard through the use of a nationally accepted system that allows ready identification of previously inspected commercial motor vehicles;
(K) ensures that activities described in subsection (c)(1) of this section, if financed with grants under subsection (a) of this section, will not diminish the effectiveness of the development and implementation of commercial motor vehicle safety programs described in subsection (a);
(L) ensures that the State agency will coordinate the plan, data collection, and information systems with State highway safety programs under title 23;
(M) ensures participation in SAFETYNET and other information systems by all appropriate jurisdictions receiving funding under this section;
(N) ensures that information is exchanged among the States in a timely manner;
(O) provides satisfactory assurances that the State will undertake efforts that will emphasize and improve enforcement of State and local traffic safety laws and regulations related to commercial motor vehicle safety;
(P) provides satisfactory assurances that the State will promote activities in support of national priorities and performance goals, including-
(i) activities aimed at removing impaired commercial motor vehicle drivers from the highways of the United States through adequate enforcement of regulations on the use of alcohol and controlled substances and by ensuring ready roadside access to alcohol detection and measuring equipment;
(ii) activities aimed at providing an appropriate level of training to State motor carrier safety assistance program officers and employees on recognizing drivers impaired by alcohol or controlled substances; and
(iii) interdiction activities affecting the transportation of controlled substances by commercial motor vehicle drivers and training on appropriate strategies for carrying out those interdiction activities;
(Q) provides that the State will establish a program to ensure the proper and timely correction of commercial motor vehicle safety violations noted during an inspection carried out with funds authorized under section 31104;
(R) ensures that the State will cooperate in the enforcement of registration requirements under section 13902 and financial responsibility requirements under sections 13906, 31138, and 31139 and regulations issued thereunder;
(S) ensures consistent, effective, and reasonable sanctions; and
(T) ensures that roadside inspections will be conducted at a location that is adequate to protect the safety of drivers and enforcement personnel.
(2) If the Secretary disapproves a plan under this subsection, the Secretary shall give the State a written explanation and allow the State to modify and resubmit the plan for approval.
(3) In estimating the average level of State expenditure under paragraph (1)(D) 1 of this subsection, the Secretary-
(A) may allow the State to exclude State expenditures for Government-sponsored demonstration or pilot programs; and
(B) shall require the State to exclude Government amounts and State matching amounts used to receive Government financing under subsection (a) of this section.
(c)
(1) enforcement of commercial motor vehicle size and weight limitations at locations other than fixed weight facilities, at specific locations such as steep grades or mountainous terrains where the weight of a commercial motor vehicle can significantly affect the safe operation of the vehicle, or at ports where intermodal shipping containers enter and leave the United States.
(2) detection of the unlawful presence of a controlled substance (as defined under section 102 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 802)) in a commercial motor vehicle or on the person of any occupant (including the operator) of the vehicle.
(3) enforcement of State traffic laws and regulations designed to promote the safe operation of commercial motor vehicles.
(d)
(
| 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.
References in Text
Paragraph (1), referred to in subsec. (b)(3), was amended by
Amendments
1999-Subsec. (b)(1)(A).
Subsec. (b)(1)(R).
1998-Subsec. (a).
Subsec. (b)(1).
Subsec. (b)(1)(A) to (I).
Subsec. (b)(1)(J).
Subsec. (b)(1)(K) to (M).
"(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).
Subsec. (b)(1)(O).
"(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).
"(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).
Subsec. (b)(1)(R).
Subsec. (b)(1)(S), (T).
1995-Subsec. (b)(1)(Q).
Effective Date of 1995 Amendment
Amendment by
Maintenance of Effort
State Compliance With CDL Requirements
"(1)
"(2)
"(3)
"(4)
"(5)
Effects of MCSAP Grant Reductions
"(a)
"(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)
"(c)
Section Referred to in Other Sections
This section is referred to in sections 31103, 31104, 31133, 31142 of this title.