§31309. Commercial driver's license information system

(a) General Requirement.-The Secretary of Transportation shall maintain an information system that will serve as a clearinghouse and depository of information about the licensing, identification, and disqualification of operators of commercial motor vehicles. The system shall be coordinated with activities carried out under section 31106. The Secretary shall consult with the States in carrying out this section.

(b) Contents.-(1) At a minimum, the information system under this section shall include for each operator of a commercial motor vehicle-

(A) information the Secretary considers appropriate to ensure identification of the operator;

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

(C) the social security account number of the operator or other number or information the Secretary considers appropriate to identify the operator;

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

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

(F) whether the operator had a commercial motor vehicle driver's license revoked, suspended, or canceled by a State, lost the right to operate a commercial motor vehicle in a State for any period, or has been disqualified from operating a commercial motor vehicle.

(2) The information system under this section must accommodate any unique identifiers required to minimize fraud or duplication of a commercial driver's license under section 31308(2).

(c) Availability of Information.-Information in the information system shall be made available and subject to review and correction in accordance with the policy developed under section 31106(e).

(d) Fee System.-The Secretary may establish a fee system for using the information system. Fees collected under this subsection in a fiscal year shall equal as nearly as possible the costs of operating the information system in that fiscal year. The Secretary shall deposit fees collected under this subsection in the Highway Trust Fund (except the Mass Transit Account).

( Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1020 ; Pub. L. 105–178, title IV, §4011(d), June 9, 1998, 112 Stat. 407 .)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
31309(a)	49 App.:2706(a).	Oct. 27, 1986, Pub. L. 99–570, §12007, 100 Stat. 3207–175 .
31309(b)	49 App.:2706(b).
31309(c)	49 App.:2706(c).
31309(d)(1)	49 App.:2706(d).
31309(d)(2)	49 App.:2706 (note).	Nov. 18, 1988, Pub. L. 100–690, §9105(a), 102 Stat. 4530 .
31309(e)	49 App.:2706(e).
31309(f)	49 App.:2706(f), (g).
	49 App.:2706 (note).	Nov. 18, 1988, Pub. L. 100–690, §9105(b), 102 Stat. 4530 .

In subsection (a), the words "Not later than January 1, 1989" are omitted as obsolete. The words "shall consult with" are substituted for "consult" for clarity.

In subsection (b), the text of 49 App.:2706(b)(1) is omitted as executed. The words "utilizing such system" are omitted as surplus.

In subsection (f), the text of 49 App.:2706(g) and section 9105(b) of the Anti-Drug Abuse Act of 1988 (Public Law 100–690, 102 Stat. 4530) is omitted as obsolete.

Amendments

1998-Subsec. (a). Pub. L. 105–178, §4011(d)(1), (2), substituted "maintain an information system" for "make an agreement under subsection (b) of this section for the operation of, or establish under subsection (c) of this section, an information system" and inserted "The system shall be coordinated with activities carried out under section 31106." before "The Secretary shall consult".

Subsec. (b). Pub. L. 105–178, §4011(d)(3), (8), redesignated subsec. (d) as (b) and struck out heading and text of former subsec. (b). Text read as follows: "If the Secretary decides that an information system used by a State or States about the driving status of operators of motor vehicles or another State-operated information system could be used to carry out this section, and the State or States agree to the use of the system for carrying out this section, the Secretary may make an agreement with the State or States to use the system as provided in this section and section 31311(c) of this title. An agreement made under this subsection shall contain terms the Secretary considers necessary to carry out this chapter."

Subsec. (c). Pub. L. 105–178, §4011(d)(3), (8), redesignated subsec. (e) as (c) and struck out heading and text of former subsec. (c). Text read as follows: "If the Secretary does not make an agreement under subsection (b) of this section, the Secretary shall establish an information system about the driving status and licensing of operators of commercial motor vehicles as provided in this section."

Subsec. (d). Pub. L. 105–178, §4011(d)(8), redesignated subsec. (f) as (d). Former subsec. (d) redesignated (b).

Subsec. (d)(2). Pub. L. 105–178, §4011(d)(4), added par. (2) and struck out former par. (2) which read as follows: "Not later than December 31, 1990, the Secretary shall prescribe regulations on minimum uniform standards for a biometric identification system to ensure the identification of operators of commercial motor vehicles."

Subsec. (e). Pub. L. 105–178, §4011(d)(8), redesignated subsec. (e) as (c).

Pub. L. 105–178, §4011(d)(5), added subsec. (e) and struck out heading and text of former subsec. (e). Text read as follows:

"(1) On request of a State, the Secretary or the operator of the information system, as the case may be, may make available to the State information in the information system under this section.

"(2) On request of an employee, the Secretary or the operator of the information system, as the case may be, may make available to the employee information in the information system about the employee.

"(3) On request of an employer or prospective employer of an employee and after notification to the employee, the Secretary or the operator of the information system, as the case may be, may make available to the employer or prospective employer information in the information system about the employee.

"(4) On the request of the Secretary, the operator of the information system shall make available to the Secretary information about the driving status and licensing of operators of commercial motor vehicles (including information required by subsection (d)(1) of this section)."

Subsec. (f). Pub. L. 105–178, §4011(d)(8), redesignated subsec. (f) as (d).

Pub. L. 105–178, §4011(d)(6), (7), substituted "The Secretary may establish" for "If the Secretary establishes an information system under this section, the Secretary shall establish".

Improved Flow of Driver History Pilot Program

Pub. L. 105–178, title IV, §4022, June 9, 1998, 112 Stat. 415 , provided that:

"(a) Pilot Program.-

"(1) In general.-The Secretary [of Transportation] shall carry out a pilot program in cooperation with 1 or more States to improve upon the timely exchange of pertinent driver performance and safety records data to motor carriers.

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

"(A) determine to what extent driver performance records data, including relevant fines, penalties, and failures to appear for a hearing or trial, should be included as part of any information systems under the Department of Transportation's oversight;

"(B) assess the feasibility, costs, safety impact, pricing impact, and benefits of record exchanges; and

"(C) assess methods for the efficient exchange of driver safety data available from existing State information systems and sources.

"(3) Completion date.-The pilot program shall end on the last day of the 18-month period beginning on the date of initiation of the pilot program.

"(b) Rulemaking.-After completion of the pilot program, the Secretary shall initiate, if appropriate, a rulemaking to revise the information system under section 31309 of title 49, United States Code, to take into account the results of the pilot program."

Section Referred to in Other Sections

This section is referred to in sections 30304, 31106, 31107, 31311 of this title.