U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

29–010 

" ! SENATE 

112TH CONGRESS

2d Session 

REPORT

2012

112–238 

Calendar No. 543 

COMMERCIAL MOTOR VEHICLE SAFETY 

ENHANCEMENT ACT OF 2011 

R E P O R T 

OF THE

COMMITTEE ON COMMERCE, SCIENCE, AND 

TRANSPORTATION 

ON

S. 1950 

NOVEMBER 13, 2012.—Ordered to be printed 


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(II) 

SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION 

ONE HUNDRED TWELFTH CONGRESS

SECOND SESSION

JOHN D. ROCKEFELLER IV, West Virginia, Chairman 

DANIEL K. INOUYE, Hawaii 

JOHN F. KERRY, Massachusetts 

BARBARA BOXER, California 

BILL NELSON, Florida 

MARIA CANTWELL, Washington 

FRANK R. LAUTENBERG, New Jersey 

MARK PRYOR, Arkansas 

CLAIRE MCCASKILL, Missouri 

AMY KLOBUCHAR, Minnesota 

TOM UDALL, New Mexico 

MARK WARNER, Virginia 

MARK BEGICH, Alaska 

KAY BAILEY HUTCHISON, Texas 

OLYMPIA J. SNOWE, Maine 

JIM DEMINT, South Carolina 

JOHN THUNE, South Dakota 

ROGER F. WICKER, Mississippi 

JOHNNY ISAKSON, Georgia 

ROY BLUNT, Missouri 

JOHN BOOZMAN, Arkansas 

PATRICK J. TOOMEY, Pennsylvania 

MARCO RUBIO, Florida 

KELLY AYOTTE, New Hampshire 

DEAN HELLER, Nevada 

ELLEN DONESKI, Staff Director 

JAMES REID, Deputy Staff Director 

JOHN WILLIAMS, General Counsel 

RICHARD RUSSELL, Republican Staff Director 

DAVID QUINALTY, Republican Deputy Staff Director 

REBECCA SEIDEL, Republican General Counsel 


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Calendar No. 543 

112TH CONGRESS REPORT " ! SENATE 2d Session 112–238 

COMMERCIAL MOTOR VEHICLE SAFETY ENHANCEMENT 

ACT OF 2011 

NOVEMBER 13, 2012.—Ordered to be printed 

Mr. ROCKEFELLER, from the Committee on Commerce, Science, and 

Transportation, submitted the following 

R E P O R T 

[To accompany S. 1950] 

The Committee on Commerce, Science, and Transportation, to 

which was referred the bill (S. 1950) to amend title 49, United 

States Code, to improve commercial motor vehicle safety and reduce commercial motor vehicle-related accidents and fatalities, to 

authorize the Federal Motor Carrier Safety Administration, and for 

other purposes, having considered the same, reports favorably 

thereon with an amendment (in the nature of a substitute) and recommends that the bill (as amended) do pass. 

PURPOSE OF THE BILL

S. 1950, the Commercial Motor Vehicle Safety Enhancement Act 

of 2011, is a bill to improve commercial motor vehicle safety and 

reduce commercial motor vehicle-related accidents and fatalities, to 

authorize the Federal Motor Carrier Safety Administration for fiscal years 2012 and 2013, and for other purposes. 

BACKGROUND AND NEEDS

A. BACKGROUND AND NEEDS ON COMMERCIAL MOTOR CARRIER SAFETY

The commercial motor carrier industry is a major component of 

the U.S. economy. In 2007, more than 13 billion tons of freight, valued at $11.8 trillion, was transported nearly 3.5 trillion ton-miles 

in the United States. The Bureau of Transportation Statistics reports that trucking held the greatest share in all these categories, 

handling 69 percent, or 9 billion tons, of freight shipped; 71 percent, or $8.4 trillion, of the total value of goods shipped; and 40 


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1 Bureau of Transportation Statistics, ‘‘U.S. Freight on the Move: Highlights from the 2007 

Commodity Flow Survey Preliminary Data,’’ by Michael Margreta, Chester Ford, and M. Adhi 

Dipo, September 2009. 2 A ‘‘commercial motor vehicle’’ is defined under section 390.5 of title 49, Code of Federal Regulations as any self-propelled or towed motor vehicle used on a highway in interstate commerce 

to transport passengers or property when the vehicle (1) has a gross vehicle weight rating or 

gross combination weight rating, or gross vehicle weight or gross combination weight, of 4,536 

kg (10,001 pounds) or more, whichever is greater; or (2) is designed or used to transport more 

than 8 passengers (including the driver) for compensation; or (3) is designed or used to transport 

more than 15 passengers, including the driver, and is not used to transport passengers for compensation; or (4) is used in transporting material found by the Secretary of Transportation to 

be hazardous under 49 U.S.C. 5103 and transported in a quantity requiring placarding under 

regulations prescribed by the Secretary under 49 CFR, subtitle B, chapter I, subchapter C. 3FMCSA, ‘‘Large Truck and Bus Crash Facts 2008’’ March 2010 (http://ai.fmcsa.dot.gov/ 

CarrierResearchResults/PDFs/LargeTruckandBusCrashFacts2008.pdf) 

percent, or 1.4 trillion ton-miles, of total ton-miles.1 By comparison, 

the next greatest share was rail with 15 percent, or 1.9 billion tons, 

of total freight shipped and 37 percent, or 1.4 trillion ton-miles, or 

total ton-miles; and parcel, handling 13 percent, or $1.6 billion in 

total freight value. In 2009, the commercial motor carrier industry 

generated $250.5 billion in operating revenue, down from the 

$301.4 billion in operating revenue generated in 2008. 

According to the Federal Motor Carrier Safety Administration 

(FMCSA), both the injury and fatality rates for accidents involving 

commercial motor vehicles (CMVs) 2 have been declining on a permile basis since 2001, potentially due to increased compliance with 

safety measures. For example, seat belt use by drivers of large 

trucks has increased to 72 percent in 2008 from 48 percent in 2002. 

Additionally, the reduction of fatalities and injuries over the last 

several years is partly due to the current economic downturn, 

which has led to fewer motor vehicles and less congestion on our 

highways. As the economy improves and commerce increases, fatalities and injuries are likely to rise again unless concrete action 

is taken to prevent them. 

Despite these positive trends, significant safety challenges still 

exist. For example, FMCSA reports that the rate of crashes (although not injuries and fatalities) involving large trucks and buses 

has increased in recent years. This is due in part to FMCSA working with the States to improve their reporting of large truck and 

bus crash and inspection data. As a result, large truck crashes reported to FMCSA increased from 109,248 to more than 133,931 annually from calendar year 2001 to 2008, an increase of 23 percent. 

During this same period, the total number of large truck fatal and 

injury crashes has actually decreased, from 90,451 crashes in 2001 

to 67,733 in 2008 according to FMCSA3, demonstrating that the increase in crashes represents more complete and accurate reporting 

by the States to FMCSA than in the past. Some question whether 

this change in data reporting has affected the perception of a reduction in fatality rates, which has declined from 2.31 in 2001 to 

1.79 in 2008 per 100 million vehicle miles traveled. 

FMCSA is the Department of Transportation (DOT) agency responsible for commercial truck (motor carrier) and bus (motorcoach) safety. Its primary mission is to reduce crashes, injuries, 

and fatalities involving CMVs. To achieve this goal, FMCSA sets 

minimum safety standards for all CMVs, including the vehicle 

standards, the requirements for proper insurance and systematic 

maintenance, and the physical qualifications and operating rules 

for drivers. Additionally, FMCSA grants operating authority to a 


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motor carrier or motorcoach carrier based upon the carrier’s ability 

to meet and maintain compliance with FMCSA’s safety fitness 

standards; drug and alcohol testing; commercial driver’s license 

(CDL) standards; maintenance of crash records and reports; hours 

of service (HOS) rules; inspection, repair, and maintenance of vehicles; and other factors. FMCSA also targets educational messages 

to carriers, commercial drivers, and the public and partners with 

stakeholders, including Federal, State, and local enforcement agencies, the motor carrier industry, safety groups, and organized labor 

on efforts to reduce bus and truck-related crashes. 

Compliance, Safety, Accountability 

FMCSA ensures that carriers comply with safety regulations primarily through on-site safety reviews of carriers already in the industry and safety audits of carriers that have recently started operations. Safety reviews and audits help FMCSA determine whether 

carriers are complying with safety regulations and, if not, take enforcement action against them, including placing carriers out of 

service. However, FMCSA and State law enforcement agencies are 

dwarfed by the size of the industry and, as a result, are only able 

to conduct compliance reviews on a very small percentage of carriers, about 2 percent each year. 

FMCSA is implementing a new approach under its Compliance, 

Safety, Accountability (CSA) initiative to measure safety and compliance, determine safety fitness, recommend and apply interventions, and track and evaluate safety improvements for both carriers 

and individual drivers. Under this approach, a measurement system (computer algorithm) would use safety data inputs to rate the 

safety performance of carriers and individual drivers. FMCSA expects that CSA would provide safety benefits by enabling it: (1) to 

increase its reach by assessing whether most motor carriers and 

drivers are safe and holding them accountable by regularly determining their safety fitness; (2) to enhance its investigative and enforcement actions through the greater use of less resource-intensive 

interventions; and (3) to improve its ability to identify safety deficiencies through better use of data. FMCSA was set to deploy its 

CSA system in 2010, but full implementation has been delayed for 

a variety of reasons. 

Motor Carrier Registration Process and Reincarnated Carriers 

A person is required to obtain operating authority from FMCSA 

before operating a CMV to transport cargo or passengers in interstate commerce. If FMCSA approves the application, applicants are 

issued conditional operating authority and are subject to a comprehensive new entrant safety audit not later than 18 months after 

beginning operation. If FMCSA determines before the end of this 

probationary period that the carrier is not operating safely, it may 

suspend or revoke the carrier’s registration. 

Data shows that new motor carriers have more pronounced patterns of critical violations of safety regulations, far more acute violations, and higher accident rates in the first year of operation. 

However, FMCSA’s application process relies on educational and 

technical assistance materials to improve the operations of motor 

carriers before they begin operation, and the agency has no way to 

determine if a motor carrier is complying with the Federal Motor 

Carrier Safety Regulations (FMCSRs) until the safety audit occurs. 


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4 NTSB Safety Recommendation H–03–02 

The National Transportation Safety Board (NTSB) has found that 

FMCSA’s application process lacks meaningful safeguards to ensure that a motor carrier is aware of, understands, and has a safety management system in place to comply with the FMCSRs. The 

NTSB has recommended that all persons seeking operating authority demonstrate their safety fitness prior to obtaining new entrant 

operating authority by, at a minimum: (1) passing an examination 

demonstrating their knowledge of the FMCSRs; (2) submitting a 

comprehensive plan documenting that the motor carrier has management systems in place to ensure compliance with the FMCSRs; 

and (3) passing a FMCSA safety audit, including vehicle inspections.4

It has become a common practice in the motor carrier industry 

in recent years for motor carriers to submit a new application for 

registration, often under a new legal name, following a determination by the Secretary of Transportation (Secretary) that the carrier 

is not able to comply with the FMCSA’s CMV safety regulations. 

Historically, when the motor carrier’s attempt to mask or conceal 

this history of noncompliance through ‘‘reincarnation’’ has been discovered, the Secretary’s authority to revoke or suspend the ‘‘new’’ 

registration based upon the compliance history of the predecessor 

motor carrier has been unclear. 

FMCSA Safety Grants 

FMCSA provides funding to the 50 States, the District of Columbia, and the American Territories through ten separate grant programs, each with different safety objectives and emphasis. The 

largest of these grant programs is the Motor Carrier Safety Assistance Program Basic and Incentive grant program, which assists 

States in developing or implementing national programs for the 

uniform enforcement of Federal and State rules and regulations 

concerning motor safety. 

Electronic On-Board Recorders 

To reduce the instances of CMV-related accidents that are the result of fatigued drivers, FMCSA regulates the number of hours a 

truck driver may drive. By many accounts, truck driver compliance 

with the HOS regulations is poor, and the existing system to track 

the numbers of hours driven by drivers is complicated, easily-manipulated, expensive, and cumbersome to maintain and audit. To 

improve compliance, many motor carriers employ electronic onboard recorders (EOBRs), which are electronic recording devices 

typically installed in truck power units (‘‘cabs’’), to track compliance with the HOS regulations. 

On February 1, 2010, FMCSA issued a notice of proposed rulemaking to require certain motor carriers operating CMVs in interstate commerce to use EOBRs to document their drivers’ HOS. 

Under this proposal, all motor carriers subject to the HOS rules 

would be required to use EOBRs to systematically and effectively 

monitor their drivers’ compliance with the HOS requirements. 

Drug and Alcohol Testing 

FMCSA is responsible to enforce the regulations that require 

commercial drivers to be tested for drugs and alcohol. However, ensuring that all commercial drivers are tested is a substantial task, 


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4GAO-08-600, ‘‘Motor Carrier Safety: Improvements to Drug Testing Programs Could Better 

Identify Illegal Drug Users and Keep them off the Road,’’ May 2008. 

given the large number of commercial motor carrier companies registered with the Federal Government. In 2008, the Government Accountability Office (GAO) reported weaknesses in FMSCA’s drug 

testing program and recommended the establishment of a national 

database and clearinghouse of drug and alcohol testing information 

to enable more thorough checking of drivers’ past test results and 

reduce the number of drivers who test positive and continue to 

drive.4 Earlier this year, Senator Pryor introduced S. 754, the Safe 

Roads Act, which would implement GAO’s recommendation to establish this national database. S. 754 would authorize FMCSA to 

develop and deploy the database and clearinghouse; require medical review officers, employers and other service agents to report 

positive results from drug or alcohol tests to FMCSA; and require 

employers to check the database prior to hiring prospective employees. 

Motor Coach Safety and Enforcement 

While motorcoach transportation overall is safe, the high-occupancy of motorcoaches often means a serious motorcoach crash 

would result in a significant number of fatal or serious injuries, 

particularly when occupants are ejected. Between 2000 and 2009, 

there were 338 motorcoaches involved in fatal crashes, of which 48 

had at least one fatality to a motorcoach occupant. For comparison, 

annually there are approximately 4,000 large trucks involved in 

fatal crashes, 18,000 passenger cars involved in fatal crashes, and 

18,000 light trucks involved in fatal crashes. During the period between 2000 and 2009, approximately 16 fatalities have occurred 

each year to motorcoach occupants (including drivers and passengers). 

Earlier this year, Senators Brown and Hutchison introduced S. 

453, the Motorcoach Enhanced Safety Act of 2011, to improve the 

safety of commercial over-the-road motorcoach operations by addressing the predominant factors impacting safety: the condition of 

the vehicle, the qualifications and physical condition of the driver, 

and the safety practices of the motorcoach company. The Committee on Commerce, Science, and Transportation reported that bill 

on November 9, 2011. 

B. BACKGROUND AND NEEDS ON SURFACE TRANSPORTATION AND

FREIGHT POLICY

The safe, efficient, and convenient movement of people and goods 

depends on a vibrant transportation system. Our Nation has built 

vast systems of roads, airways, railways, transit systems, pipelines, 

ports, and waterways that facilitate commerce and improve our 

quality of life. However, these systems are under considerable 

strain due to increasing congestion and the costs of maintaining 

and improving the systems. This strain is expected to increase as 

the demand to move people and goods grows resulting from population growth, technological change, and increased globalization of 

the economy. DOT implements national transportation policy and 

administers most Federal transportation programs. Its responsibilities are considerable and reflect the extraordinary scale, use, and 

impact of the Nation’s transportation systems. DOT has multiple 


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missions, primarily focusing on mobility and safety, that are carried out by several operating administrations. 

There is a widespread understanding that the surface transportation programs authorized in the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEALU) (119 Stat. 1144) do not effectively address the transportation 

challenges the Nation faces. As a result, many transportation 

stakeholders have called for a fundamental reexamination of the 

Nation’s surface transportation programs: (1) to have well-defined 

goals with direct links to an identified Federal interest and Federal 

role; (2) to institute processes to make grantees more accountable 

by establishing more performance-based links between funding and 

program outcomes; and (3) to institute tools and approaches that 

emphasize the return on the Federal investment. 

As part of this reexamination, transportation stakeholders have 

called for a more clearly defined Federal role to improve freight 

mobility and an alignment of Federal investments with economically significant national benefits through a comprehensive national strategy for freight transportation. This national strategy 

should include defining the Federal role and national interests in 

freight transportation, including economically-based and objective 

criteria to identify areas of national significance for freight transportation and to determine whether Federal funds are required in 

those areas. 

A number of factors contribute to constrained freight mobility 

and, together, these factors have significant adverse impacts. First, 

growing freight transportation demand decreases freight mobility. 

Volumes of goods shipped by trucks and railroads, for example, are 

projected to increase by 98 percent and 88 percent, respectively, by 

2035. Second, the capacity of our transportation system is constrained by other factors, including the cost of surmounting geographic barriers, such as mountain ranges and waterways, population density, and urban land-use development patterns. Third, 

freight mobility is limited by inefficiencies in how infrastructure is 

used, such as poor road signal timing and prices paid by users that 

do not align with infrastructure costs, resulting in congestion. The 

widening gap between the volumes of goods and available system 

capacity is increasing transportation congestion. Constrained 

freight mobility has adverse economic costs for consumers, shippers, and carriers, as well as in urban centers where congestion exacerbates environmental pollution and increases health risks, such 

as respiratory illnesses. Although freight transportation stakeholders have advanced projects and proposals to enhance freight 

mobility by building new infrastructure and increasing system efficiency, public planners face several challenges when advancing 

freight improvement projects. These challenges include competition 

from nonfreight projects for public funds and community support in 

the planning process, lack of coordination among various government entities and private sector stakeholders, and limited or restricted availability of public funds available for freight transportation. Compounding these challenges facing State and local transportation planners is that the Federal Government is not well positioned to enhance freight mobility due to the absence of a clear 

Federal strategy and role for freight transportation, an outmoded 

Federal approach to transportation planning and funding, and the 


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unsustainability of planned Federal transportation funding. When 

combined, these challenges and factors hinder the ability of public 

sector agencies to effectively address freight mobility and highlight 

the need to reassess the appropriate Federal role and strategy in 

developing, selecting, and funding transportation investments, including those for freight transportation. 

SUMMARY OF PROVISIONS

S. 1950, the Commercial Motor Vehicle Safety Enhancement Act 

of 2011 (CMVSEA) would reauthorize DOT’s truck and bus safety 

programs that are administered by FMCSA and improve the safety 

of the CMV industry by enacting reforms focused on three themes: 

(1) ensuring the safest motor carriers and drivers are able to enter 

the industry; (2) improving the safety laws and regulations that 

govern drivers and vehicles that operate in the industry; and (3) 

providing FMCSA and States the enforcement tools they need to 

remove unsafe and unfit drivers and carriers from the industry. 

Below is a summary of the provisions included in the bill. 

CMVSEA would improve FMCSA’s registration process by requiring an applicant to pass a safety proficiency examination and 

submission of a safety management plan as a precondition for operating authority. FMCSA currently does not require a demonstration of knowledge of Federal requirements before a carrier begins 

operating. The proficiency examination would allow FMCSA to 

evaluate the applicant’s knowledge of FMCSA’s safety regulations. 

Additionally, the requirement for applicants to submit a safety 

management plan would demonstrate the person has management 

systems in place to ensure compliance with FMCSA’s safety regulations. 

CMVSEA would direct FMCSA to complete its current rulemaking to require EOBRs on all CMVs used in interstate commerce and subject to HOS to document their drivers’ compliance 

with HOS. This requirement would improve compliance with the 

HOS regulations and thereby help reduce the risk of fatigue-related 

CMV accidents. 

CMVSEA would improve FMCSA’s ability to crack down on ‘‘reincarnated carriers’’ by enhancing FMCSA’s authority to revoke 

their operating authority and requiring new operators to disclose 

all relationships with other motor carriers over the past 5 years as 

a condition of receiving operating authority. This provision would 

help DOT get unsafe carriers off the road by preventing them from 

‘‘reincarnating’’ as a new carrier to avoid being held accountable for 

operating unsafely. 

CMVSEA incorporates S. 754, the Safe Roads Act, which would 

direct FMCSA to establish an electronic ‘‘clearinghouse’’ for records 

relating to alcohol and controlled substances testing of CMV operators. This clearinghouse would improve both CMV operators’ and 

their employers’ compliance with FMCSA alcohol and controlled 

substances testing program and would provide employers information about a driver before hiring the driver. The bill would also require employers to be updated on the driving status of their employees to prevent a person from operating a CMV with a revoked 

or suspended CDL. 

CMVSEA would provide statutory language to support FMCSA’s 

implementation of CSA. CSA is FMCSA’s new safety initiative to 


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improve truck and bus safety by employing a new enforcement and 

compliance model that would allow FMCSA and its State partners 

to contact a larger number of carriers earlier in order to address 

safety problems before crashes occur. 

CMVSEA would consolidate FMCSA’s grant programs into three 

primary programs: CSA, Driver Safety, and Data and Technology 

grants. These changes would allow for greater flexibility, diverse 

participation, and the ability to redirect funds based on national, 

State, and local needs. 

CMVSEA would direct DOT to report on the safety performance 

and infrastructure impacts of allowing trucks that exceed the Federal truck size and weight limits to operate on the National Highway System. The bill would also require DOT to compile the State 

laws that allow a segment of the National Highway System to accommodate trucks that operate in excess of the Federal truck size 

and weight limits. 

CMVSEA would also create a new competitive grant program for 

freight-specific, multi-modal infrastructure projects to complement 

other existing grant making programs to meet the policy, objectives, and goals of the S. 371, the Focusing Resources, Economic Investment, and Guidance to Help Transportation (FREIGHT) Act of 

2011. This multi-year grant program would fund freight-specific 

projects, such as port infrastructure improvements, freight rail capacity expansion, and highway projects that improve access to 

freight facilities. 

CMVSEA would establish a comprehensive national surface 

transportation system policy to develop a comprehensive national 

surface transportation system that advances the national interest 

and defense, interstate and foreign commerce, the efficient and safe 

interstate mobility of people and goods, and the protection of the 

environment. The Secretary would be responsible to carry out this 

policy. 

CMVSEA would also establish a national freight transportation 

policy that would improve the efficiency, operation, and security of 

the national transportation system to move freight by leveraging 

investments and promoting partnerships that advance interstate 

and foreign commerce, promote economic competitiveness and job 

creation, improve the safe and efficient mobility of goods, and protect the public health and the environment. 

Finally, CMVSEA would establish an Office of Freight Planning 

and Development in the Office of the Secretary, along with an Assistant Secretary of Freight Planning and Development to head it. 

The Office of Freight Planning and Development would support 

DOT’s work on the National Freight Strategic Plan and help coordinate Federal funding to assist with the movement of freight. 

LEGISLATIVE HISTORY

S. 1950 was introduced on December 7, 2011, by Senators Lautenberg, Rockefeller, and Pryor and referred to the Committee on 

Commerce, Science, and Transportation. On December 14, 2011, 

the Committee met in open Executive Session and, by a recorded 

vote, ordered S. 1950 reported with an amendment (in the nature 

of a substitute). 

Title IV of S. 1950 incorporates S. 754, the Safe Roads Act, which 

would implement GAO’s recommendation to establish a national 


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database and clearinghouse of drug and alcohol testing information. S. 754 was introduced on April 7, 2011, by Senators Pryor, 

Boozman, Snowe, Vitter, and Wicker and referred to the Committee on Commerce, Science, and Transportation. S. 754 was previously introduced in the 111th Congress as S. 1113, the Safe 

Roads Act of 2009. 

Title VII of S. 1950 incorporates certain provisions of S. 453, the 

Motorcoach Enhanced Safety Act of 2011. S. 453 was introduced on 

March 2, 2011, by Senators Sherrod Brown and Hutchison, and cosponsored by Senators Schumer, Gillibrand, Lautenberg, 

Blumenthal, Rockefeller, Webb, and Warner. The Committee on 

Commerce, Science, and Transportation met in open Executive Session and, by voice vote, ordered S. 453 reported favorable as 

amended, with an amendment (in the nature of a substitute) on 

May 5, 2011. 

Title XII of S. 1950 incorporates certain provisions of S. 371, the 

FREIGHT Act. S. 371 was introduced on February 2, 2011, by Senators Lautenberg, Cantwell, and Murray. Senator Rockefeller was 

added as a cosponsor on July 25, 2011. S. 371 was previously introduced in the 111th Congress as S. 3629, the Focusing Resources, 

Economic Investment, and Guidance to Help Transportation Act of 

2010. 

The Commerce, Science, and Transportation’s Subcommittee on 

Surface Transportation and Merchant Marine Infrastructure, Safety, and Security held an oversight hearing on bus safety on March 

25, 2011, and held a hearing on proposals to reauthorize FMCSA 

and its programs on July 21, 2011. 

With some modifications, the provisions of S. 1950 were enacted 

into law as Title II of Division C of the Moving Ahead for Progress 

in the 21st Century Act of 2012 (126 Stat. 776), which was signed 

into law on July 6, 2012. 

ESTIMATED COSTS

In accordance with paragraph 11(a) of rule XXVI of the Standing 

Rules of the Senate and section 403 of the Congressional Budget 

Act of 1974, the Committee provides the following cost estimate, 

prepared by the Congressional Budget Office: 

S. 1950—Commercial Motor Vehicle Safety Enhancement Act of 

2011 

Summary: S. 1950 would extend the authority for programs administered by the Federal Motor Carrier Safety Administration 

(FMCSA) within the Department of Transportation (DOT) and 

would establish a DOT grant program to build infrastructure for 

the transportation of freight goods. The bill would set the amount 

of contract authority (the authority to incur obligations in advance 

of appropriations, a mandatory form of budget authority) for 

FMCSA programs at $562 million for 2012 and $564 million for 

2013. 

Consistent with the rules in the Balanced Budget and Emergency Deficit Control Act for constructing the baseline, CBO assumes that the budget authority provided by the bill for 2013, the 

last year of the authorization, would continue at the same rate in 

each of the following years. CBO estimates that enacting the bill 

would result in baseline contract authority totaling $5.6 billion 


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over the 2012–2022 period—an increase of $127 million above the 

amounts of contract authority for motor carrier safety programs 

currently projected in CBO’s current baseline for the 2012–2022 period. 

CBO expects that most spending for the motor carrier safety programs will continue to be controlled by limits on annual obligations 

set in appropriation acts. Consequently, the changes in contract authority would not increase mandatory expenditures. 

Enacting S. 1950 would affect revenues; therefore, pay-as-you-go 

procedures apply. The bill would require FMCSA to charge a fee 

for the use of a proposed new clearinghouse for drug and alcohol 

information and to impose fees to cover the cost of federal safety 

audits that would be performed for certain bus operations. The bill 

also could result in the collection of additional civil penalties because it would increase the penalties that FMCSA could impose for 

violations of certain regulations. CBO estimates that enacting the 

bill would increase revenues by $56 million annually, beginning in 

2013. 

S. 1950 would not authorize an obligation limitation level for the 

contract authority provided in the legislation. However, for this estimate of discretionary spending, CBO assumes that the obligation 

limitation for the affected programs would equal the amount of contract authority provided. The obligation limitation for 2012, which 

was enacted in the Consolidated and Further Continuing Appropriations Act, 2012 (Public Law 112–55), was about $11 million less 

than the amount assumed for S. 1950. The bill also would establish 

a grant program within DOT to build infrastructure for the transportation of freight goods. Assuming enactment of the estimated 

obligation limitations for 2012 and 2013 and appropriation of the 

amounts estimated to be necessary for the grant program, CBO estimates that implementing the bill would cost $920 million over the 

2012–2017 period. 

S. 1950 contains intergovernmental and private-sector mandates, 

as defined in the Unfunded Mandates Reform Act (UMRA), on driving schools and entities that employ drivers. The bill would impose 

additional intergovernmental mandates by preempting state, local, 

and tribal laws and regulations. CBO estimates that the costs to 

comply with the intergovernmental mandates would fall below the 

annual threshold for such mandates ($73 million in 2012, adjusted 

annually for inflation). The bill also would impose private-sector 

mandates on owners and operators of commercial vehicles (including motorcoaches), brokers for motor carriers, coordinators of 

freight shipments, medical examiners, and others. Because of uncertainty about the nature and scope of regulations to be established under the bill, CBO cannot determine whether the aggregate 

cost of the mandates in the bill would exceed the annual threshold 

established in UMRA for private-sector mandates ($146 million in 

2012, adjusted annually for inflation). 

CBO has not reviewed section 706(a) of the bill for intergovernmental or private-sector mandates. Section 4 of UMRA excludes 

from the application of that act any legislative provisions that enforce statutory rights that prohibit discrimination. CBO has determined that the provisions of section 706(a) fall within that exclusion because they involve compliance with the Americans with Disabilities Act of 1990. 


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Estimated cost to the Federal Government: The estimated budgetary impact of S. 1950 is shown in the following table. The costs 

of this legislation fall within budget function 400 (transportation). 

By fiscal year, in millions of dollars— 

2012 2013 2014 2015 2016 2017 2012– 

2017 

CHANGES IN DIRECT SPENDING 

Budget Authority a ....................................................... 11 13 13 13 13 13 76 

Estimated Outlays ....................................................... 0 0 0 0 0 0 0 

CHANGES IN REVENUES 

Estimated Revenues b .................................................. 0 56 56 56 56 56 280 

CHANGES IN SPENDING SUBJECT TO APPROPRIATION 

FMCSA: 

Estimated Obligation Limitation c ...................... 11 564 0 0 0 0 575 

Estimated Outlays .............................................. 5 255 250 18 13 6 547 

Freight Grant Program: 

Estimated Authorization Level ............................ 200 200 0 0 0 0 400 

Estimated Outlays .............................................. 0 20 88 108 70 50 336 

Other Authorized Programs: 

Estimated Authorization Level ............................ 8 8 7 7 7 0 37 

Estimated Outlays .............................................. 3 8 8 8 7 3 37 

Total Changes: 

Estimated Budgetary Resources ............... 219 772 7 7 7 0 1,012 

Estimated Outlays ..................................... 8 283 346 134 90 59 920 

Notes: FMCSA = Federal Motor Carrier Safety Administration. 

a S. 1950 would provide about $5.6 billion in contract authority over the 2012–2022 period—$127 million more than the amount projected 

in CBO’s baseline. b CBO estimates that enacting S. 1950 would raise $560 million in revenues over the 2012–2022 period. 

c Estimated discretionary outlays reflect use of funds under the 2012 and 2013 obligation limitations estimated by CBO. (Outlays stemming 

from additional contract authority shown in the table would be authorized in future legislation that cover the period after 2013). 

Basis of Estimate: 

Direct spending 

S. 1950 would provide budget authority (in the form of contract 

authority) of $562 million in 2012 and $564 million in 2013 for programs administered by FMCSA, including grants to increase the 

safety of motor carrier operations. The bill would consolidate certain grant programs within FMCSA and expand the available uses 

of that contract authority. 

Additional uses would include providing grants to develop certain 

data systems and establishing a clearinghouse to track the results 

of tests performed on commercial vehicle drivers to detect the use 

of controlled substances or alcohol. 

Under current law, contract authority totaling $276 million is 

available to FMCSA through March 31, 2012. Consistent with the 

rules in the Balanced Budget and Emergency Deficit Control Act 

for constructing its baseline, CBO assumes that funding provided 

for the first six months of 2012 will continue at the same rate 

through the rest of this year (for a total level of $551 million in 

contract authority) and in each subsequent year. Because of those 

baseline construction rules, CBO estimates that enacting the bill 

would add $11 million ($562 million less $551 million) of contract 

authority to the baseline in 2012 and $13 million ($564 million less 

$551 million) annually over the 2013–2022 period. That funding 

level represents an increase of about $127 million above the total 

amounts of contract authority for FMCSA programs currently projected in CBO’s baseline through 2022. 


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Spending subject to appropriation 

Spending Subject to the Obligation Limitation. CBO expects that 

the contract authority provided in the bill would be controlled by 

limitations on obligations set in annual appropriation acts. The bill 

does not authorize an obligation limitation level, however, CBO’s 

estimate of discretionary spending under this legislation assumes 

that obligation limitations equal to the contract authority provided 

in the bill would be provided. (Historically, the Congress has set 

obligation limitation for FMCSA programs at or near the level of 

contract authority). For this estimate, CBO did not project additional discretionary authority past fiscal year 2013, the end of the 

authorization period covered by S. 1950. Because the 2012 obligation limitation has already been enacted, CBO’s estimate of the 

cost of this bill for 2012 is the difference between that limit ($555 

million) and the amount of contract authority provided in S. 1950 

($562 million). We estimate that the obligation limitation for 2013 

would be $564 million. As a result, CBO estimates that implementing those provisions of the legislation would cost $547 million 

over the 2012–2017 period. 

Freight Grant Program. Title XII would establish a grant program that would be administered by a proposed new Office for 

Freight Planning within DOT. Under current law, freight projects 

are eligible to receive other competitive grants administered by 

DOT. Based on the number of freight projects that received grants 

through that program, CBO estimates that the bill would make 

available $200 million per year for projects to improve the infrastructure for freight transportation. Assuming appropriation of the 

amounts estimated to be necessary, CBO estimates that enacting 

this provision would cost $336 million over the 2012–2017 period. 

Other Authorized Programs. Title VII would require FMCSA and 

the National Highway Traffic Safety Administration (NHTSA) 

within DOT to establish new safety standards and regulations for 

most interstate buses, complete research projects on the safety of 

buses, and create a new training curriculum for operators of interstate buses. Based on information from FMCSA and NHTSA, CBO 

estimates that implementing those provisions would cost $37 million over the 2012–2017 period, assuming appropriation of the necessary amounts. 

Revenues 

CBO estimates that enacting S. 1950 would increase revenues by $56 million annually, beginning in 2013. Those revenues would 

come primarily from fees paid to use a proposed drug and alcohol 

clearinghouse and from new fees on bus carriers. 

Fees for Use of the Drug and Alcohol Clearinghouse. Title IV 

would allow FMCSA to charge for the use of a drug and alcohol 

clearinghouse administered by the agency. Potential employers of 

motor carrier operators would be required to check the status of 

drivers in the clearinghouse. Based on information from the agency, CBO estimates that FMCSA would charge fees totaling about 

$55 million per year, beginning in 2013. 

Fees for New Bus Carriers. Title VIII would allow FMCSA to 

charge certain new bus carriers a fee of $1,200 for safety audits 

that must be completed before the company would be allowed to operate. Under provisions of the bill, those amounts would be deposVerDate Mar 15 2010 23:11 Nov 14, 2012 Jkt 029010 PO 00000 Frm 00014 Fmt 6659 Sfmt 6602 E:\HR\OC\SR238.XXX SR238

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ited in the Highway Trust Fund. Based on information from the 

agency, about 1,000 carriers apply annually for operating permits. 

Thus, CBO estimates that enacting the provision would increase 

revenues by $1 million annually, beginning in 2013. 

Other Civil Penalties. Enacting the bill could result in the collection of additional civil penalties because it would increase the 

amount that FMCSA could impose for violations of certain regulations. However, CBO estimates that such collections would likely 

be small, and the effect on revenues would be insignificant. 

Pay-As-You-Go Considerations: The Statutory Pay-As-You-Go Act 

of 2010 establishes budget-reporting and enforcement procedures 

for legislation affecting direct spending or revenues. The net 

changes in revenues that are subject to those pay-as-you-go procedures are shown in the following table. 

CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR S. 1950, THE COMMERCIAL MOTOR VEHICLE 

SAFETY ENHANCEMENT ACT OF 2011, AS ORDERED REPORTED BY THE SENATE COMMITTEE ON 

COMMERCE, SCIENCE, AND TRANSPORTATION ON DECEMBER 14, 2011 

By fiscal year, in millions of dollars— 

2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2012– 

2017 

2012– 

2022 

NET INCREASE OR DECREASE (–) IN THE DEFICIT 

Statutory PayAs-You-Go 

Impact .......... 0 ¥56 ¥56 ¥56 ¥56 ¥56 ¥56 ¥56 ¥56 ¥56 ¥56 ¥280 ¥560 

Intergovernmental and private-sector impact: S. 1950 contains 

intergovernmental and private-sector mandates, as defined in 

UMRA, on driving schools and entities that employ drivers. The 

bill would impose additional intergovernmental mandates by preempting state, local, and tribal laws and regulations. CBO estimates that the costs to comply with the intergovernmental mandates would fall below the annual threshold for such mandates 

($73 million in 2012, adjusted annually for inflation). The bill also 

would impose private-sector mandates on owners and operators of 

commercial vehicles (including motorcoaches), brokers for motor 

carriers, coordinators of freight shipments, medical examiners, and 

others. Because of uncertainty about the nature and scope of regulations to be established under the bill, CBO cannot determine 

whether the aggregate cost of the mandates in the bill would exceed the annual threshold established in UMRA for private-sector 

mandates ($146 million in 2012, adjusted annually for inflation). 

CBO has not reviewed section 706(a) of the bill for intergovernmental or private-sector mandates. Section 4 of UMRA excludes 

from the application of that act any legislative provisions that enforce statutory rights that prohibit discrimination. CBO has determined that the provisions of section 706(a) fall within that exclusion because they involve compliance with the Americans with Disabilities Act of 1990. 

Previous CBO estimate: CBO transmitted a cost estimate for S. 

453, the Motorcoach Enhanced Safety Act of 2011, as ordered reported by the Senate Committee on Commerce, Science, and Transportation on May 5, 2011. That bill contained a number of provisions contained in title VII of S. 1950. CBO’s cost estimates of 

those similar provisions are the same for each piece of legislation. 


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Estimate prepared by: Federal Costs: Sarah Puro; Impact on 

State, Local, and Tribal Governments: Ryan Miller; Impact on the 

Private Sector: Vi Nguyen. 

Estimate approved by: Theresa Gullo; Deputy Assistant Director 

for Budget Analysis. 

REGULATORY IMPACT STATEMENT

In accordance with paragraph 11(b) of rule XXVI of the Standing 

Rules of the Senate, the Committee on Commerce, Science, and 

Transportation provides the following evaluation of the regulatory 

impact of the legislation, as reported: 

NUMBER OF PERSONS COVERED

S. 1950 is intended to improve CMV safety and to reauthorize 

FMCSA. The bill affects FMCSA and other entities already subject 

to FMCSA rules and regulations, and therefore the number of persons covered should be consistent with the current levels of individuals impacted under the provisions that are addressed in the bill. 

ECONOMIC IMPACT

The bill would authorize from the Highway Trust Fund (other than the Mass Transit Account) $562.2 million in fiscal year (FY) 

2012 and $563.3 million in FY 2013 in appropriations for FMCSA 

programs. These funding levels are a 1.1 percent year over year increase above the FY 2011 authorized level and are not expected to 

have an inflationary impact on the Nation’s economy. 

PRIVACY

This bill would not have any adverse impact on the personal privacy of individuals. 

PAPERWORK

S. 1950 contains a number of provisions that could result in a 

significant decrease in paperwork requirements for meeting and 

administering motor carrier and motorcoach safety regulations. 

Most notably, the requirement for the Secretary to issue regulations that would require all interstate commercial vehicles to be 

equipped with an EOBR device not later than 1 year after the date 

of enactment of this Act. DOT has estimated that this mandate 

would result in $1.965 billion in annual paperwork reduction, due 

to drivers no longer having to manually complete paper logbooks, 

which is the current method of tracking HOS. The paperwork burden related to HOS compliance is second only to the burden of filing Federal taxes each year. S. 1950 would also amend requirements for State participation in the CDL program by adding a requirement to develop and maintain the capacity to receive electronic copies of the medical certificates prepared by certified medical examiners for each holder of a CDL issued by that State who 

operates or intends to operate in interstate commerce. When enacted, this requirement would result in a significant paperwork reduction from the current system of paper medical certificates. Beyond the significant paperwork reductions that should result from 


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S. 1950, any additional paperwork burdens from other provisions 

in the Act would be minimal. 

CONGRESSIONALLY DIRECTED SPENDING

In compliance with paragraph 4(b) of rule XLIV of the Standing 

Rules of the Senate, the Committee provides that no provisions 

contained in the bill, as reported, meet the definition of congressionally directed spending items under the rule. 

SECTION-BY-SECTION ANALYSIS

Section 1. Short title. 

The short title of this bill is the Commercial Motor Vehicle Safety Enhancement Act of 2011. 

Section 2. Table of contents. 

This section includes the table of contents for the bill. 

Section 3. Definition. 

This section would define all references to the ‘‘Secretary’’ as 

being to the Secretary of Transportation. 

Section 4. References to title 49, United States Code. 

This section would clarify that any reference to a section or other 

provision in the bill is in reference to a section or other provision 

of title 49, United States Code, unless otherwise expressly provided. 

TITLE I — COMMERCIAL MOTOR VEHICLE REGISTRATION

Section 101. Registration of motor carriers. 

This section would make conforming amendments to the general 

registration requirements for CMVs under section 13902 of title 49, 

United States Code. This section would also include three new requirements as a precondition for being registered: (1) successfully 

completing a written proficiency examination to demonstrate 

knowledge of commercial motor carrier safety regulations; (2) submitting a management plan that documents how the carrier will 

comply with CMV safety regulations; and (3) disclosing any relationship involving common stock, common ownership, common 

management, or common familial relationship between that person 

and any other motor carrier, freight forwarder, or broker, if the relationship occurred in the five-year period preceding the date of the 

filing of the application for registration. This section would make 

conforming amendments to the general registration requirements 

for motor vehicles under section 13902 of title 49, United States 

Code. 

Section 102. Safety fitness of new operators. 

This section would reduce the length of time from 18 months to 

12 months of a registrant completing registration for the Secretary 

to conduct safety reviews. This section would also require providers 

of motorcoach services to undergo a pre-authorization safety audit 

within 90 days of registering, and would require newly registered 


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motorcoach companies to be subject to monitoring for 12 months 

before acquiring permanent authority. 

Section 103. Reincarnated carriers. 

This section would authorize the Secretary, after notice and an 

opportunity for a proceeding, to withhold, suspend, amend, or revoke a motor carrier’s registration if the carrier failed to disclose 

an adverse safety history or other facts relevant to its past regulatory compliance. This section would provide authority to take 

similar action where the Secretary finds that within the previous 

5 years the carrier: (1) was closely related to another motor carrier 

with a poor compliance history; or (2) is the successor to a carrier 

who, within the five-year period prior to the filing of the application for registration, did not comply with safety regulations. This 

section would also make conforming changes. 

Section 104. Financial responsibility requirements. 

This section would require the Secretary to complete, not later 

than 180 days after enactment of this Act, a comprehensive review 

of the minimum financial responsibility requirements for motor 

carriers, motorcoaches, freight forwarders, and brokers. Within 180 

days of the review, the Secretary would initiate a rulemaking to increase the minimum financial requirements, and would have the 

option of issuing a final rule or, if a final rule is not appropriate, 

providing a written explanation to Congress as to why the Secretary is not issuing a final rule. This section would direct the Secretary to review the appropriateness of the minimum levels of financial responsibility every 2 years after enactment of this Act. 

Section 105. USDOT number registration requirement. 

This section would require all motor carriers that operate CMVs 

in interstate commerce to apply for a USDOT number before beginning operations. This section would authorize the Secretary to 

refuse or revoke a USDOT number to an applicant that is unfit, 

unwilling, or unable to comply with the safety regulations; or is a 

close affiliate or successor to such a carrier. This section would require the Secretary to provide notice and an opportunity for a proceeding if the Secretary proposes to withhold registration for an applicant. This provision would also authorize the Secretary to revoke 

or suspend a USDOT number if the motor carrier fails or refuses 

to submit to a new entrant safety audit. This section would require 

employers or motor carriers to update their registrations annually, 

as well as within 30 days of the change of certain essential information. This section would make conforming changes. 

Section 106. Registration fee system. 

This section would authorize FMCSA to increase, by regulation, 

the registration fee currently authorized by statute above the current statutory maximum of $300. The current maximum of $300 is 

not sufficient to cover administrative costs. 

Section 107. Registration update. 

This section would add new provisions to require motor carriers, 

freight forwarders, and brokers to update their registrations annually, as well as within 30 days of the change of certain essential 


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information. This section would not require a rulemaking but 

would authorize the Secretary to determine what periodic registration updates are necessary and to publish that determination in 

the Federal Register or on a DOT web site. The Committee is providing this authority to help prevent motor carriers from reregistering as a different entity in order to avoid civil penalties or out 

of service orders and expects this authority to be exercised in a 

manner that meets this purpose. 

Section 108. Increased penalties for operating without registration. 

This section would increase penalties for operating without registration to help deter motor carriers seeking to avoid the registration requirement. It would raise the minimum penalty per day for 

general reporting and recordkeeping violations from $500 to 

$1,000. This section would change the minimum penalty for passenger carriers operating without registration to a minimum penalty of $25,000. The same penalty amount would apply to foreign 

carriers. The section would increase the fine for operating without 

registration to $10,000 per violation. The section would increase 

the minimum penalty for transporting hazardous wastes without 

necessary registration to $25,000. 

Section 109. Revocation of registration for imminent hazard. 

This section would authorize the Secretary to revoke the registration of any motor carrier determined to be an imminent hazard. 

Section 110. Revocation of registration and other penalties for failure to respond to subpoena. 

This section would increase the civil penalties for motor carriers, 

motor carriers of migrant workers, and private motor carriers that 

disobey a subpoena or requirement of the Secretary to produce witnesses or records. It would also authorize the Secretary to suspend, 

amend, or revoke the registration of a motor carrier, broker, or 

freight forwarder for failing to obey an administrative subpoena. 

Section 111. Fleetwide out of service order for operating without required registration. 

This section would authorize the Secretary to place out of service 

the operations of a motor carrier discovered operating vehicles 

without the required registration, or operating beyond the scope of 

the registration granted. 

Section 112. Motor carrier and officer patterns of safety violations. 

This section would authorize the Secretary to withhold, suspend, 

amend, or revoke the registration of a motor carrier, employer, or 

owner or operator if the Secretary determines that two or more 

motor carriers, employers, or owners use common ownership, management, and control or a common familial relationship to enable 

them to avoid compliance or mask non-compliance; or a company 

had engaged in a pattern or practice of avoiding compliance or concealing or masking noncompliance within the preceding 60 months. 

This section also would authorize the Secretary to take steps 

against those who exercised controlling influence over the operations of the motor carrier, employer, or owner or operator. The 


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Secretary would be required to demonstrate that an officer of a 

motor carrier, an employer, or an owner or operator engaged in a 

pattern of violating regulations on CMV safety or has assisted a 

motor carrier, an employer, or an owner in avoiding compliance. 

These sanctions would consist of temporary or permanent suspension of any individual registration and a temporary bar on association with any registered motor carrier. 

Section 113. Federal successor standard. 

This section would authorize the Secretary to take enforcement 

and other action against successor companies of motor carriers, employers, and owners or operators where the Secretary determined 

that these motor carriers, employers, and owners or operators are 

acting unscrupulously to avoid Federal penalties and out of service 

orders. This section would codify a uniform Federal standard of factors and principles that have been articulated in judicial and administrative rulings on corporate successorship. Those factors and 

principles include consideration paid for assets purchased or transferred; dates of corporate creation and dissolution or termination of 

operations; commonality of ownership between the current and 

former company; commonality of officers and management personnel and their functions; identity of physical or mailing addresses, telephone numbers, fax numbers or e-mail addresses; identity 

of motor vehicle equipment; continuity of liability insurance policies; commonality of drivers and other employees; continuation of 

carrier facilities and other physical assets; continuity of nature and 

scope of operations, including customers for whom transportation is 

provided; advertising, corporate name, or other acts through which 

the company holds itself out to the public; and history of safety violations and pending orders or enforcement actions. 

TITLE II — ENHANCED COMMERCIAL MOTOR VEHICLE SAFETY

Section 201. Repeal of commercial jurisdiction exception for brokers 

of motor carriers of passengers. 

This section would provide the Secretary with jurisdiction over 

brokers for motor carriers of passengers. 

Section 202. Bus rentals and definition of employer. 

This section would close a loophole in the Secretary’s jurisdiction 

over certain small bus operations by broadening the definition of 

‘‘employer’’ to include companies that rent or lease vehicles if from 

the same location or as part of the same business, the company 

provides names or contact information of drivers, or holds itself out 

to the public as a charter bus company. This section would not 

apply to government drivers. 

Section 203. Crashworthiness standards. 

This section would direct the Secretary to complete not later 

than 18 months after enactment of this Act a comprehensive analysis on the need for crashworthiness standards on CMVs with a 

gross vehicle weight rating or gross vehicle weight of at least 

26,001 pounds. This analysis would include an evaluation of the 

need for roof strength, pillar strength, air bags, and frontal and 

back wall standards for CMVs. 


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Section 204. Canadian safety rating reciprocity. 

This section would authorize the Secretary to recognize a Canadian government-issued out of service order for a Canadian motor 

carrier, owner, or operator operating in the United States. This section would also authorize the Secretary to enter into future consultations and negotiations with an authorized Canadian regulatory agency to establish reciprocal recognition of each agency’s 

motor carrier safety fitness rating determinations. 

Section 205. State reporting of foreign driver convictions. 

This section would require States to report convictions of Mexican and Canadian drivers to the Secretary. 

Section 206. Authority to disqualify foreign commercial drivers. 

This section would clarify that the Secretary has the authority 

to disqualify a driver licensed to operate a CMV by a jurisdiction 

outside of the United States. This would clarify the Secretary’s authority to revoke or suspend a foreign driver’s license for committing a disqualifying offense when the licensing jurisdiction fails to 

take action. 

Section 207. Revocation of foreign motor carrier operating authority 

for failure to pay civil penalties. 

This section would authorize the Secretary to suspend, amend, or 

revoke the operating authority of foreign carriers for regulatory 

noncompliance or failure to pay a civil penalty. 

TITLE III — DRIVER SAFETY

Section 301. Electronic on-board recording devices. 

This section would require the Secretary to issue regulations that 

would require all interstate commercial vehicles to be equipped 

with an EOBR device not later than 1 year after the date of enactment of this Act. This section would establish performance and design standards for EOBRs, including requiring that the EOBR be 

integrally-connected to the vehicle’s engine, be tamper resistant, 

and be accessible to law enforcement during roadside inspections. 

Section 302. Safety fitness. 

This section would require the Secretary to incorporate into the 

CSA program a safety fitness rating methodology that assigns sufficient weight to adverse vehicle and driver performance based-data 

that elevate crash risks to warrant an unsatisfactory rating for a 

carrier and ensures that the data to support such assessments is 

accurate. This section would also direct the Secretary, not later 

than March 31, 2011, to take interim measures to implement a 

similar safety fitness rating methodology in its current safety rating system if the CSA program is not fully implemented. 

Section 303. Driver medical qualifications. 

This section would direct the Secretary to establish the national 

registry of medical examiners not later than 1 year after the date 

of enactment of this Act. It would also provide additional qualifications for a medical examiner to be listed on the national registry 

of medical examiners. This section would also provide for new overVerDate Mar 15 2010 23:11 Nov 14, 2012 Jkt 029010 PO 00000 Frm 00021 Fmt 6659 Sfmt 6602 E:\HR\OC\SR238.XXX SR238

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sight policies for the submission of physical examinations and medical certificates and the processing of the submissions by State licensing agencies. This section would amend the requirements for 

State participation in the CDL program by adding a requirement 

to develop and maintain the capacity to receive electronic copies of 

the medical certificates prepared by certified medical examiners for 

each holder of a CDL issued by that State who operates or intends 

to operate in interstate commerce. This section would make available up to $1,000,000 in each of FY 2012 and FY 2013 from the 

funds provided in the Data and Technology grants to help the 

States pay for the information technology improvements needed to 

receive medical examiners’ reports. The Committee expects the Secretary will be aggressive in implementing the medical requirements of this section. 

Section 304. Commercial driver’s license notification system. 

This section would require motor carriers to inquire annually to 

ascertain the driving status of each driver it employs, and receive 

occurrence-based reports of changes in the status of a driver’s 

record. This section would also direct the Secretary to issue minimum standards for driver notification systems, including standards for accuracy, consistency, and completeness of the information 

provided. This section would direct the Secretary to complete, within 2 years after enactment of this Act, recommendations and a plan 

for the development and implementation of a national driver notification system, and submit those recommendations and plan to the 

Committee on Commerce, Science, and Transportation of the Senate, and the Transportation and Infrastructure Committee of the 

House of Representatives. 

Section 305. Commercial motor vehicle operator training. 

This section would require the Secretary to issue regulations to 

establish minimum entry-level training requirements for all CMV 

operators within 6 months of enactment of this Act. This section 

would require training programs address knowledge and skills for 

motor vehicle operation, provide specific requirements for hazardous materials endorsements, provide effective instruction, create 

a certificate system for meeting requirements, and require training 

providers to demonstrate that their training meets Federal standards. This section would establish national uniform standards for 

CDLs and require individuals to pass written and driving tests and 

present certification of driver training. 

Section 306. Commercial driver’s license program. 

The section would require each State to submit a plan to the Secretary specifying a date by which all States shall operate CDL information systems that are compatible with the modernized information system and able to receive and submit conviction and disqualification data. This section would also mandate that each State 

implement, not later than 1 year after enactment of the Act, a system and practices for the exclusive electronic exchange of driver 

history record information, including postings, convictions, withdrawals, and disqualifications. This section would require the Secretary to issue guidance to assist States in complying with requirements that are critical to an effective State CDL program, and reVerDate Mar 15 2010 23:11 Nov 14, 2012 Jkt 029010 PO 00000 Frm 00022 Fmt 6659 Sfmt 6602 E:\HR\OC\SR238.XXX SR238

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quire each State to submit a plan of action to comply with the critical requirements by 2015. 

Section 307. Commercial driver’s license requirements. 

This section would prohibit States from issuing CDLs to individuals who would immediately be disqualified from operating a CMV 

upon the issuance of the license. This section would clarify that an 

individual may be subject to disqualification by removing the requirement that the driver hold a CDL at the time a disqualifying 

offense is committed. 

Section 308. Commercial motor vehicle driver information systems. 

This section would condition the award of grant money upon a 

State’s agreement to provide the Secretary electronic access to all 

State licensing status and driver history records. 

Section 309. Disqualifications based on non-commercial motor vehicle operations. 

This section would require the Secretary to disqualify an individual from operating a CMV if the individual is discovered operating a CMV after the individual’s CDL has been revoked, suspended, or canceled. In addition, this section would require the Secretary to disqualify an individual if the individual is discovered operating a CMV after being disqualified based upon an offense committed while the individual was operating a non-CMV. 

Section 310. Federal driver disqualifications. 

This section would define the term ‘‘disqualification’’ as it relates 

to CDL enforcement, by connecting it to State or Federal determinations of fitness to drive. In addition, this section would require 

all disqualifications by a State to be reported to Federal authorities, and qualify the instances when States must impose disqualifications. 

Section 311. Employer Responsibilities. 

This section would make a motor carrier liable if the carrier allows an employee to operate a CMV when the employee has a CDL 

that is suspended, revoked, or canceled, or if the employee has 

more than one driver’s license. 

TITLE IV — SAFE ROADS ACT OF 2011

Section 401. Short title. 

The short title for this title is the Safe Roads Act of 2011. 

Section 402. National clearinghouse for controlled substance and alcohol test results of CMV operators. 

This section would direct the Secretary to establish a national repository for records relating to alcohol and controlled substances 

testing of CMV operations. This section would allow a qualified and 

experienced private operator to operate and maintain the clearinghouse. 

This section would clarify that clearinghouse records only be 

used to determine the qualifications of an individual for operating 

a CMV. The section would establish safeguards to protect the priVerDate Mar 15 2010 23:11 Nov 14, 2012 Jkt 029010 PO 00000 Frm 00023 Fmt 6659 Sfmt 6602 E:\HR\OC\SR238.XXX SR238

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vacy of individuals to whom the information pertains and ensure 

that the information is not divulged to anyone not directly involved 

in evaluating the individual’s qualifications to drive a CMV. 

This section would provide that the Secretary may prohibit an 

employer from hiring a driver unless the Secretary has determined 

that during the preceding 3 years the driver did not test positive 

in violation of the regulations under title 49 of the Code of Federal 

Regulations, and did not refuse a test under those regulations. If 

a driver did test positive in violation of the regulations, an employer would only be able to hire the driver if the driver completed 

the return-to-duty process as required by those regulations. 

This section would grant preemption authority to the Secretary 

in regard to the reporting of valid positive results or refusals to 

take alcohol screening and drug tests. This section would apply 

civil penalties to any violators of privacy. In addition, those who do 

not meet reporting requirements are subject to civil and criminal 

penalties. 

Section 403. Drug and alcohol violation sanctions. 

This section would allow the Secretary to require that States revoke, suspend, or cancel the license of an operator who has been 

found to have used alcohol or a controlled substance. In addition, 

the Secretary may permanently disqualify an individual from operating a commercial vehicle if an individual has used the vehicle to 

commit felonies or has used alcohol or a controlled substance three 

or more times. 

Section 404. Authorization of appropriations. 

This section would authorize up to $5,000,000 to establish and 

implement the clearinghouse. 

TITLE V — ENFORCEMENT

Section 501. Inspection demand and display of credentials. 

This section would clarify the Secretary’s authority to make a demand in writing to inspect a motor carrier or broker’s land, buildings, equipment, and records. This would authorize representatives 

and contractors of FMCSA to display credentials and issue demands for records remotely, without requiring travel to the motor 

carrier’s business location or otherwise meeting the motor carrier 

in person. 

This section would authorize the Secretary to adopt, by rulemaking, measures to place out of service, on a fleetwide basis, 

CMVs of foreign-domiciled motor carriers that fail or refuse to 

allow promptly the Secretary to inspect and copy any record or inspect and examine equipment, lands, buildings, and other property. 

This section would clarify that the civil penalty for failing to 

allow promptly, upon demand, inspection and copying by the Secretary applies regardless of whether the demand is made in person 

or in writing. 

Section 502. Out of service penalty for denial of access to records. 

This section would allow the Secretary to place a motor carrier 

out of service for failure to provide access to the motor carrier’s 

records in a timely manner. 


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Section 503. Penalties for violation of operation out of service orders. 

This section would increase the maximum penalty against a 

motor carrier for the serious safety violation of continuing to operate following a determination of unfitness to $25,000, and apply the 

fine to both individuals and motor carriers. This section would 

raise from $16,000 to $25,000 the penalty for violation of both hazardous materials and non-hazardous materials imminent hazard 

out of service orders. 

Section 504. Minimum prohibition on operation for unfit carriers. 

This section would prohibit carriers from operating for at least 

10 days if the Secretary determines that a carrier failed to meet 

the safety fitness standard. 

Section 505. Minimum out of service penalties. 

This section would authorize the Secretary to establish by regulation minimum out of service periods as penalties. Such out of 

service penalties may not exceed 90 days in duration. 

Section 506. Impoundment and immobilization of CMVs for imminent hazard. 

This section would authorize the Secretary and certain State 

grantee officials to enforce imminent hazard out of service orders 

by taking temporary possession and control of a CMV subject to 

such order through towing and impounding. The Secretary or authorized State official may also place a ‘‘boot’’ or other locking device on the vehicle. 

This section would require that an affected carrier be given the 

opportunity to access the cargo and to make alternative arrangements for its transportation. This section would require the Secretary to promulgate regulations on the use of impoundment as a 

way of enforcing additional out of service orders. This section would 

also define ‘‘impounding.’’ 

Section 507. Increased penalties for evasion of regulations. 

This section would increase penalties for intentional evasion of 

FMCSA safety and commercial regulations. This section would expand the scope of the penalty to apply to evasion of the Hazardous 

Materials Regulation and statutes. 

Section 508. Failure to pay civil penalty as a disqualifying offense. 

This section would authorize the Secretary to disqualify an individual, after that individual has been notified in writing and given 

an opportunity to respond, from operating a CMV when that individual has not paid a civil penalty previously assessed by the Secretary. This section would also impose a similar disqualification for 

drivers of vehicles between 10,001 and 26,000 pounds who do not 

hold CDLs. 

Section 509. Violations relating to CMV safety regulation and operators. 

This section would instruct the Secretary to issue monetary fines 

without regard to the motor carrier’s ability to pay. 


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Section 510. Emergency disqualification for imminent hazard. 

This section would provide the Secretary with the authority to 

disqualify any driver whose continued operation of a CMV substantially increases the likelihood of death, serious injury or illness, or 

a substantial endangerment to health, property, or the environment. 

Section 511. Intrastate operations of interstate motor carriers. 

This section would clarify that a vehicle, a driver, or an employer 

prohibited from operating in interstate commerce because the vehicle, driver, or employer poses an imminent hazard to safety is also 

prohibited from operating a CMV in intrastate commerce. This section would also clarify that an owner or operator prohibited from 

operating in interstate commerce because of a failure to pay a civil 

penalty is also prohibited from operating a CMV in intrastate commerce. 

Section 512. Enforcement of safety laws and regulations. 

This section would clarify the Secretary’s authority to bring civil 

actions to enforce the laws and regulations on safe operation of 

CMVs in interstate commerce, without geographical limitations. 

Section 513. Disclosure to State and local law enforcement agencies. 

This section would permit the disclosure of information from the 

Secretary to appropriate personnel of a State agency authorized to 

carry out commercial vehicle inspections. 

TITLE VI — COMPLIANCE, SAFETY, ACCOUNTABILITY

Section 601. Comprehensive, Safety, Accountability. 

This section would amend section 31102 of title 49, United States 

Code, to establish the CSA program, which would be an umbrella 

grant program consisting of current CMV safety enforcement. This 

umbrella grant program would preserve the fundamentals of the 

Motor Carrier Safety Assistance Program (MCSAP), the New Entrant Grant Program, and the Border Enforcement grant program. 

The section would also authorize the Secretary to use High Priority 

grants to assist States, local agencies, and other entities to improve 

household goods enforcement activities; assist local governments’ 

enforcement of requirements related to CMV and passenger vehicle 

safety; and improve hazardous materials safety and security for 

CMV transportation. The High Priority grant program would also 

be modified to provide financial assistance for the safety data improvement program. 

This section would amend MCSAP to allow each State to inspect 

vehicles transporting passengers at a location that has adequate 

food, shelter, and sanitation facilities for passengers during the inspection and subsequent required repairs. The current statutory 

exemption of motorcoaches from routine en route inspections reduces opportunities to discover safety violations, and the Committee is concerned that this exemption has prevented appropriate 

safety oversight over certain curbside and unscheduled carriers 

that have fewer locations where unscheduled inspections can be 

conducted compared with motorcoach carriers that use terminals. 

The Committee understands that a carrier’s safety performance 


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cannot be assessed without inspections and that adequate inspection data is critical for the CSA program to properly evaluate a carrier’s safety performance. The Committee expects this authority to 

be wielded in a manner that respects the business needs of the carrier while providing an opportunity to collect inspection data where 

appropriate. 

This section would also amend the requirement that States 

maintain expenditures for CMV enforcement programs at a level at 

least equal to the average level of that expenditure for FY 2004 

and FY 2005. This section would also authorize the Secretary to 

waive the maintenance of effort requirements for a fiscal year due 

to exceptional or uncontrollable circumstances, such as a major 

natural disaster or a significant shortfall in the budgetary resources of the State MCSAP agency. 

This section would retain the 100 percent Federal share for the 

New Entrant Grant Program but would reduce the Federal share 

for the Border Enforcement grant program from the current 100 

percent to at least 80 percent. The remaining CSA grant programs 

would require the Secretary to reimburse the States for at least 80 

percent of the costs incurred for the programs. 

Section 602. Performance and registration information systems 

management program. 

This section would require the Secretary to establish and implement a process to cancel the motor vehicle registration and seize 

the registration plates of a company found to have knowingly allowed an employee to operate a vehicle in violation of an out of 

service notice. The Secretary would also be required to establish a 

process to reinstate plates after seizure. 

Section 603. Commercial motor vehicle defined. 

This section would amend the definition of ‘‘commercial motor vehicle’’ in section 31101(1) of title 49, United States Code, for consistency purposes. The definition would be revised to include all vehicles subject to the Secretary’s safety jurisdiction. The current definition excludes a large number of passenger carriers otherwise 

subject to the Secretary’s safety and commercial jurisdiction. The 

revised definition would be substantially the same as the definition 

in section 31132(1) of title 49, United States Code. 

Section 604. Driver safety fitness ratings. 

This section would require the Secretary to determine the safety 

fitness of CMV drivers, based upon an assigned rating, and to prohibit unfit drivers from operating in interstate commerce. This section would require that the procedure to determine the safety fitness of a CMV driver use specific requirements, methodology, and 

time frames for evaluation. Finally, this section would require the 

Secretary to develop probationary periods for drivers, a review period of a driver’s compliance, and criteria for reinstatement for 

drivers. 

Section 605. Uniform electronic clearance for CMV inspections. 

This section would authorize the Secretary to withhold a portion 

of a State’s MCSAP funds for using an electronic CMV inspection 

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tem that is in effect on the date of enactment of this Act. The section would permit the Secretary to award withheld grant funds if 

a State subsequently comes into substantial compliance with the 

electronic CMV inspection selection system methodology requirement. 

Section 606. Authorization of appropriations. 

This section would authorize funding for three umbrella grant 

programs: the CSA grant program, the safety data and technology 

grant program, and the driver safety grant program. This section 

would authorize $249,717,000 for FY 2012 for the CSA grant programs, with $168,388,000 of that amount allocated for MCSAP, 

and $253,814,000 authorized for CSA grants in FY 2013, with 

$171,813,000 of that amount allocated for MCSAP. The Secretary 

would develop criteria to allocate the remaining amounts among 

the remaining three grant programs under the CSA grant program. 

This section would also authorize $30 million for the Data and 

Technology grant program (authorized under section 608 of the bill) 

for both FY 2012 and FY 2013. This section would authorize $31 

million for the Driver Safety grant program (authorized under section 609 of the bill) for both FY 2012 and FY 2013. 

This section would increase the time available for obligation of 

the safety data and technology grants from 1 year to 3 years. It 

would increase the time available for obligation for driver safety 

grant program from 1 year to 2 years. 

Section 607. High risk carrier reviews. 

This section would update and codify a SAFETEA-LU provision 

requiring the Secretary to review motor carriers that are among 

the highest risk carriers for 2 consecutive months. 

Section 608. Data and technology grants. 

This section would establish the Data and Technology grant program, which would consolidate the Performance Registration and 

Information System Management (PRISM) grant program and the 

Commercial Vehicle Information Systems and Networks (CVISN) 

grant program. This section would also authorize the Secretary to 

provide financial assistance to a State for innovative technologies 

that improve CMV safety. The Federal share for this program 

would be at least 80 percent. The section would eliminate the statutory caps on amounts to be awarded States for activities under 

the CVISN grant program. It also would raise the Federal share 

from 50 percent to 80 percent. 

Section 609. Driver safety grants. 

This section would consolidate into a new Driver Safety grant 

program the following grant programs: the Commercial Driver’s License Program Improvement (CDLPI) grant program; High Priority 

Activities grants; and the CMV Safety Operator grant program. It 

also would expand the program goals to permit the Secretary to 

award financial assistance to the States for an electronic notification system and CDL coordinators. This section would permit the 

Secretary to award financial assistance for electronic notification 

systems that would notify employers of a CMV operator in the 

event of a suspension or revocation of the operator’s CDL. 


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Section 610. Commercial vehicle information systems and networks. 

This section would direct the Secretary to submit a report not 

later than 6 months after the enactment of this Act to the Committee on Commerce, Science, and Transportation of the Senate 

and the Committee on Transportation and Infrastructure of the 

House of Representatives that would establish time frames and 

milestones for resuming the CVISN program and a strategic workforce plan to improve grant management. 

TITLE VII — MOTORCOACH ENHANCED SAFETY ACT OF 2011

Section 701. Short title. 

This section would establish that the name of this title is the Motorcoach Enhanced Safety Act of 2011. 

Section 702. Definitions. 

This section includes definitions for this title. 

Section 703. Regulations for improved occupant protection, passenger evacuation, and crash avoidance. 

This section would require that the Secretary, not later than 1 

year after enactment, prescribe regulations requiring the installation of safety belts in motorcoaches at each designated seating position. 

This section would also require the Secretary to prescribe regulations within 2 years requiring the following: improved roof standards for motorcoaches that improve the resistance of motorcoach 

roofs to deformation and intrusion; advanced glazing to be installed 

in each motorcoach portal to prevent ejection of passengers; and 

the equipage of motorcoaches with stability enhancing technology 

to reduce the number and frequency of rollover crashes among 

motorcoaches. 

The section would require the Secretary to prescribe regulations 

within 3 years requiring motorcoaches to be equipped with direct 

tire pressure monitoring systems that warn the operator of a CMV 

when any tire exhibits a level of air pressure that is below a specified level of air pressure established by the Secretary. 

Regulations prescribed under this section would apply to all 

motorcoaches manufactured more than 2 years after the date on 

which the regulation is published as a final rule. The section would 

allow the Secretary to require the retrofitting of existing 

motorcoaches based on an assessment of the feasibility, benefits, 

and costs of applying a regulation to them. 

Section 704. Standards for improved fire safety. 

This section would require the Secretary, not later than 18 

months after enactment, to initiate rulemaking proceedings on: establishing requirements for fire hardening or fire resistance of motorcoach exterior components to prevent fire and smoke inhalation 

injuries to occupants; reviewing of Federal motor vehicle safety 

standards relating to flammability of interior materials; requiring 

technologies to prevent and mitigate the propagation of wheel well 

fires and reduce occupant deaths and injuries from such fires; requiring motorcoaches to be equipped with highly effective fire suppression systems that automatically respond to and suppress fires 


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in motorcoaches; requiring motorcoaches to be equipped with improved energy evacuation designs and emergency interior lighting 

systems; and examining the principle causes of motorcoach fires 

and vehicle design changes intended to reduce the number of motorcoach fires resulting from those principle causes. 

Not later than 42 months after enactment of this Act, the Secretary would be required to issue final rules in the above 

rulemakings, or report to the Committee on Commerce, Science, 

and Transportation of the Senate and the Committee on Energy 

and Commerce of the House of Representatives as to why such new 

standards are not warranted. 

Not later than 3 years after enactment, the Secretary would be 

required to issue a final rule to upgrade performance standards, or 

report to the appropriate congressional Committees as to why such 

standards are not warranted. 

Section 705. Occupant protection, collision avoidance, fire causation, and fire extinguisher research and testing. 

This section would require the Secretary, not later than 2 years 

after enactment, to complete research on: the need to install improved fire extinguishers or other readily available firefighting 

equipment in motorcoaches; enhanced compartmentalization safety 

countermeasures for motorcoaches, including enhanced seating designs, to reduce the risk of passengers being thrown from seats; enhanced occupant impact protection standards; and forward and lateral crash warning systems applications for motorcoaches. 

Within 2 years of the completion of each research initiative, the 

Secretary would be required to issue a standard or regulation 

based on the results of that research if the Secretary determines 

that such a standards is warranted. 

Section 706. Motorcoach registration. 

This section would amend the motorcoach registration requirements under section 13902 of title 49, United States Code, to allow 

the Secretary to only register a motorcoach operator after that operator undergoes a pre-authorization safety audit that includes 

verification of: a drug and alcohol program; the operator’s system 

of compliance with HOS rules; the ability to obtain required insurance; the driver qualifications, including the validity of each driver’s CDL; the disclosure of common ownership or other relationship 

with another motor carrier or applicant over the past 5 years; the 

records of State inspections or Commercial Vehicle Safety Alliance 

Inspections for all vehicles; the safety management programs, including vehicle maintenance and repair programs; and the ability 

to comply with the Americans with Disabilities Act of 1990 (42 

U.S.C. 12101 et seq.) and the Over-The-Road Bus Transportation 

Accessibility Act of 2007 (122 Stat. 2915). The pre-authorization 

safety audit would be required to be completed on-site not later 

than 90 days following the submission of an application for operating authority. This section would also require the applicant to 

complete an interview to review safety management controls and 

demonstrate proficiency in Federal safety rules and regulations 

through the successful completion of a written examination developed by the Secretary. The section contains a provision that would 


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require the Secretary to perform a safety audit of a motorcoach operator within 9 months of when the operator begins operations. 

Section 707. Improved oversight of motorcoach service providers. 

This section would require that the Secretary, not later than 3 

years after enactment, determine the safety fitness of each provider 

of motorcoach services registered with FMCSA and assign a safety 

fitness rating to each such provider. The Secretary would be required to reassess each such rating less frequently than every 3 

years. 

The section would require the Secretary, not later than 1 year 

after enactment, to revise the safety fitness audit system of DOT 

to prevent motor carriers from operating if they put vehicles with 

mechanical problems on the road or unqualified drivers behind the 

wheels, as recommended by the NTSB recommendation H-99-6. 

Section 708. Report on feasibility, benefits, and costs of establishing 

a system of certification of training programs. 

This section would require the Secretary to submit a report describing the feasibility, benefits, and costs of establishing a system 

of certification of public and private schools and of motor carriers 

and motorcoach operators that provide motorcoach driver training. 

Section 709. Report on driver’s license requirements for 9- to 15-passenger vans. 

Not later than 18 months after enactment, the Secretary would 

be required to submit a report to the Committee on Commerce, 

Science, and Transportation of the Senate and the Committee on 

Energy and Commerce of the House of Representatives that examines requiring a driver of a 9-15 passenger van operating in interstate commerce to have a CDL passenger-carrying endorsement 

and be tested in accordance with a drug and alcohol testing program under part 40 of title 49, Code of Federal Regulations. 

Section 710. Event data recorders. 

This section would require the Secretary to complete an evaluation of event data recorders to be used on motorcoaches. The bill 

would require the Secretary to issue standards and regulations not 

later than 2 years after finishing the evaluation. 

Section 711. Safety inspection program for CMVs of passengers. 

This section would require the Secretary, not later than 3 years 

after enactment, to complete a rulemaking proceeding to consider 

requiring States to conduct annual inspections of CMVs designed 

or used to transport passengers. 

Section 712. Distracted driving. 

This section would require the Secretary, not later than 1 year 

after enactment of this Act, to prescribe regulations that would prohibit the use of electronic or wireless devices by motorcoach operators in circumstances in which the Secretary determines that the 

use of such devices interferes with a driver’s safe operation of a motorcoach. Use of such devices would be permitted if the Secretary 

determines that such use is necessary for safety reasons. 


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Section 713. Regulations. 

This section would state that any standard or regulation prescribed in this section shall be prescribed according to the rulemaking process established in section 553 of title 5, United States 

Code. 

TITLE VIII — SAFE HIGHWAYS AND INFRASTRUCTURE PRESERVATION

Section 801. Comprehensive truck size and weight limits study. 

This section would require the Secretary to commence a comprehensive study on truck size and weight limit not later than 90 

days after enactment. The final report would be due not later than 

2 years after the report commencing. The report would examine the 

safety performance and infrastructure impacts of allowing trucks 

that exceed the Federal truck size and weight limits to operate on 

the National Highway System 

Section 802. Compilation of existing State truck size and weight 

laws. 

This section would require the Secretary to compile a list of laws 

and decisions by a State to allow a segment of the National Highway System to accommodate trucks that operate in excess of the 

Federal truck size and weight limits. 

TITLE IX — MISCELLANEOUS

Section 901. Detention time study. 

This section would direct the Secretary, not later than 30 days 

after the date of enactment of this Act, to task the Motor Carrier 

Safety Advisory Committee (MCSAC) to study the extent to which 

detention time contributes to drivers violating HOS requirements 

and driver fatigue. This section would direct MCSAC to examine 

data collected from driver and vehicle inspections, and consult with 

CMV companies and drivers, shippers, and representatives of ports 

and other facilities where goods are loaded and unloaded, government officials, and other appropriate parties in conducting the 

study, and provide recommendations to the Secretary for addressing issues identified in the study. This section would direct the Secretary to provide a report to the Committee on Commerce, Science, 

and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives on the 

results of the study and any recommendations to address these results. 

Section 902. Prohibition of coercion. 

This section would prohibit motor carriers, shippers, receivers, 

and transportation intermediaries from coercing a driver to violate 

FMCSA safety regulations. 

Section 903. Motor carrier safety advisory committee. 

This section would specifically provide for the appointment of one 

or more individuals who represent a nonprofit employee labor 

group on MCSAC. In addition, the section would extend the duration of MCSAC until September 30, 2013. 


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Section 904. Waivers, exemptions, and pilot programs. 

This section would correct an anomaly in FMCSA’s authority to 

grant exceptions during emergencies by removing the requirement 

that the Secretary first provide notice and seek comment before 

granting an emergency waiver. This section would authorize the 

Secretary to publish medical exemption notices for a CMV operator 

on FMCSA’s MedEx web site. This section would also require the 

Secretary to notify a State compliance and enforcement agency of 

a new exemption. This section would require the Secretary to ensure that FMCSA’s homepage includes a clear and easily accessible 

link to the web site established to implement the requirements 

under this section. 

Section 905. Transportation of horses. 

This section would prohibit the transportation of horses in interstate commerce in a motor vehicle containing two or more levels 

stacked on top of one another. This section would also establish a 

civil penalty for any person that knowingly violates this section of 

at least $100 but not more than $500 for each violation. 

TITLE X — HOUSEHOLD GOODS TRANSPORTATION

Section 1001. Additional registration requirements for household 

goods motor carriers. 

This section would require an applicant seeking to register as a 

household goods motor carrier to successfully pass an examination 

established by the Secretary to demonstrate knowledge and intent 

to comply with all applicable Federal laws relating to consumer 

protection. In addition, this section would require the Secretary to 

conduct a consumer protection standards review within the first 18 

months after a household goods motor carrier begins operation. 

This registration requirement is in addition to the requirements 

under section 101 of this Act. 

Section 1002. Failure to give up possession of household goods. 

This section would allow the Secretary to assign all or a portion 

of the penalties it receives to an aggrieved shipper. This section 

would provide the Secretary with explicit statutory authority to 

order the return of goods held hostage. Such an order would be enforceable in Federal court. 

Section 1003. Settlement authority. 

This section would authorize the Secretary to structure settlements of civil penalties by accepting lesser amounts of money, suspension of penalties, payment of penalties over time, or investment 

in training or other activities or equipment to improve regulatory 

compliance. 

Section 1004. Household goods transportation assistance program. 

This section would direct the Secretary to develop and implement 

a joint program between DOT and the household goods motor carrier industry to assist consumers in need of assistance with an 

interstate household goods hostage situation. This section would require the Secretary to issue an annual report on the joint program. 


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Section 1005. Household goods consumer education program. 

This section would direct the Secretary to establish a task force 

to develop recommendations so that consumers are informed of 

Federal laws concerning household goods transportation by motor 

carrier, including recommendations to condense FMCSA’s publication, ‘‘Your Rights and Responsibilities When You Move’’ into a format that is more easily accessible for consumers and on using other 

educational tools to inform the public of its rights in dealing with 

household goods motor carriers. 

TITLE XI — TECHNICAL AMENDMENTS

Section 1101. Update of obsolete text. 

This section would amend various provisions in chapters 311 and 

313 of title 49, United States Code, and one provision in 

SAFETEA-LU by deleting obsolete directions for the Secretary to 

promulgate regulations by specifically designated dates or within 

specified time frames. These requirements to promulgate regulations or standards by specified deadlines have each been satisfied. 

Section 1102. Correction of interstate commerce commission references. 

This section would amend provisions of title 49, United States 

Code that currently refer to the former Interstate Commerce Commission and revise these provisions to refer to the successor Surface Transportation Board. This section would also update the statute to reflect DOT’s licensing responsibilities. This section would 

also correct two cross-references. 

Section 1103. Technical and conforming amendments. 

This section would amend sections 14504a, 24305, 31103, and 

31309 of title 49, United States Code to correct grammatical errors 

and statutory cross references. 

TITLE XII — SURFACE TRANSPORTATION AND FREIGHT POLICY ACT OF

2011

Sec. 1201. Short title. 

This section would establish the name of this title as the Surface 

Transportation and Freight Policy Act of 2011. 

Section 1202. Establishment of a national surface transportation 

and freight policy. 

This section would establish a comprehensive national surface 

transportation system policy that it is the policy of the United 

States to develop a comprehensive national surface transportation 

system that advances the national interest and defense, interstate 

and foreign commerce, the efficient and safe interstate mobility of 

people and goods, and the protection of the environment. The Secretary would be responsible for carrying out this policy. This section would state the objectives and goals of this policy. 

This section would establish a national freight transportation 

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eign commerce; promote economic competitiveness and job creation; 

improve the safe and efficient mobility of goods; and protect the 

public health and the environment. This section would establish 

objectives and goals of the freight policy. 

Section 1203. Surface transportation and freight strategic plan. 

This section also would direct the Secretary to implement a longterm National Surface Transportation and Freight Performance 

Plan that would be developed by the Secretary to achieve the policy, objectives, and goals of the surface transportation and freight 

policies, and would include certain evaluations to be included in 

the Plan. 

Section 1204. Transportation investment data and planning tools. 

This section would direct the Secretary, not later than 2 years 

after the date of enactment of this Act, to develop tools to support 

an outcome-oriented, performance-based approach to evaluate proposed freight-related and other transportation projects. This section 

would direct the Secretary to facilitate the collection of transportation-related data to support a broad range of evaluation methods 

and techniques to assist in transportation investment decisions. 

This section would direct the Secretary to establish a pilot program to assist in the development of tools to support an outcomeoriented, performance-based approach to evaluate proposed freightrelated and other transportation projects. This section would also 

direct the Secretary to conduct case studies to provide more detailed, in-depth analysis and data collection with respect to transportation programs; and to apply rigorous methods of measuring 

and addressing the effectiveness of program participants in achieving national transportation goals. 

Section 1205. National freight infrastructure investment grants. 

This section would establish a competitive grant program to provide financial assistance for capital investments in freight transportation infrastructure to States, political subdivisions of States, 

government-sponsored authorities and corporations, metropolitan 

planning organizations, and the District of Columbia. This section 

would specify the types of projects eligible for funding. 

This section would provide competitive project selection criteria 

for the Secretary in determining who to award a grant under this 

section and give priority to projects that are able to demonstrate 

the highest system performance improvement relative to their benefit-cost analysis. The Federal share of a grant made under this 

section would not exceed 80 percent of the project’s cost. The Secretary would be authorized to issue a letter of intent to an applicant for an eligible project and provide grant criteria to be able to 

receive a grant under this section. 

Section 1206. Port infrastructure development initiative. 

This section would permit a State to transfer funds appropriated 

or made available from title 23 or chapter 53 of title 49, United 

States Code to the Port Infrastructure Development Fund. 


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Section 1207. Office of Freight Planning and Development. 

This section would create the Office of Freight Planning and Development in the Office of the Secretary, along with an Assistant 

Secretary of Freight Planning and Development to head it. The Office of Freight Planning and Development would support DOT’s 

work on the National Freight Strategic Plan and help coordinate 

Federal funding to assist with the movement of freight. 

Section 1208. Safety for motorized and nonmotorized users. 

This section would require the Secretary to develop standards to 

ensure that the design of Federal transportation projects provides 

for adequate consideration of all users of the transportation network, including motorized and nonmotorized users. These standards would be due 2 years after enactment. This section would require each State’s department of transportation to conform to Federal standards. 

ROLLCALL VOTES IN COMMITTEE

Senator Hutchison offered an amendment, to the amendment (in 

the nature of a substitute) offered by Senator Lautenberg, to strike 

title XII regarding the Surface Transportation and Freight Policy 

Act of 2011. By rollcall vote of 11 yeas and 13 nays as follows, the 

amendment was defeated: 

YEAS—11 NAYS—13 

Mrs. Hutchison Mr. Inouye1

Ms. Snowe Mr. Kerry1

Mr. DeMint Mrs. Boxer 

Mr. Thune Mr. Bill Nelson (FL) 

Mr. Wicker Ms. Cantwell 

Mr. Isakson Mr. Lautenberg 

Mr. Blunt1 Mr. Pryor 

Mr. Boozman1 Mrs. McCaskill 

Mr. Toomey1 Ms. Klobuchar 

Mr. Rubio Mr. Udall (NM) 

Ms. Ayotte Mr. Warner1

Mr. Begich1

Mr. Rockefeller 1By proxy 

Senator DeMint offered an amendment, to the amendment (in 

the nature of a substitute) offered by Senator Lautenberg, to reduce the amounts authorized to be appropriated for the Federal 

Motor Carrier Safety Administration to the funding levels authorized for fiscal year 2008. By recorded vote of 11 yeas and 13 nays 

as follows, the amendment was defeated: 

YEAS—11 NAYS—13 

Mrs. Hutchison Mr. Inouye1

Ms. Snowe Mr. Kerry1

Mr. DeMint Mrs. Boxer 

Mr. Thune Mr. Bill Nelson (FL) 

Mr. Wicker Ms. Cantwell 

Mr. Isakson1 Mr. Lautenberg 

Mr. Blunt Mr. Pryor 

Mr. Boozman Mrs. McCaskill 


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Mr. Toomey1 Ms. Klobuchar 

Mr. Rubio Mr. Udall (NM) 

Ms. Ayotte Mr. Warner1

Mr. Begich1

Mr. Rockefeller 1By proxy 

Senator Lautenberg offered an amendment (in the nature of a 

substitute) to insert title XII to improve the efficiency, operation, 

and security of the national transportation system to move freight 

by leveraging investments and promoting partnerships that advance interstate and foreign commerce, and for other purposes. By 

rollcall vote of 13 yeas and 11 nays, the amendment was adopted: 

YEAS—13 NAYS—11 

Mr. Inouye1 Mrs. Hutchison 

Mr. Kerry1 Ms. Snowe 

Mrs. Boxer Mr. DeMint 

Mr. Bill Nelson (FL) Mr. Thune 

Ms. Cantwell Mr. Wicker 

Mr. Lautenberg Mr. Isakson 

Mr. Pryor Mr. Blunt1

Mrs. McCaskill Mr. Boozman 

Ms. Klobuchar Mr. Toomey1

Mr. Udall (NM) Mr. Rubio 

Mr. Warner1 Ms. Ayotte 

Mr. Begich1

Mr. Rockefeller 

1By proxy 


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CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, changes in existing law made by the bill, as 

reported, are shown as follows (existing law proposed to be omitted 

is enclosed in black brackets, new material is printed in italic, existing law in which no change is proposed is shown in roman): 

TITLE 5. GOVERNMENT ORGANIZATION AND EMPLOYEES 

PART III. EMPLOYEES

SUBPART D. PAY AND ALLOWANCES

CHAPTER 53. PAY RATES AND SYSTEMS

SUBCHAPTER II. EXECUTIVE SCHEDULE PAY RATES

§ 5315. Positions at level IV 

Level IV of the Executive Schedule applies to the following positions, for which the annual rate of basic pay shall be the rate determined with respect to such level under chapter 11 of title 2, as 

adjusted by section 5318 of this title: 

* * * * * * * 

Assistant Secretaries of Transportation ø(4)¿ (5). 

* * * * * * * 

TITLE 23. HIGHWAYS 

CHAPTER 4. HIGHWAY SAFETY

§ 413. Safety for motorized and nonmotorized users 

(a) IN GENERAL.—Not later than 2 years after the date of enactment of the Surface Transportation and Freight Policy Act of 2011, 

subject to subsection (b), the Secretary shall establish standards to 

ensure that the design of Federal surface transportation projects 

provides for the safe and adequate accommodation, in all phases of 

project planning, development, and operation, of all users of the 

transportation network, including motorized and nonmotorized 

users. 

(b) WAIVER FOR STATE LAW OR POLICY.—The Secretary may waive 

the application of standards established under subsection (a) to a 

State that has adopted a law or policy that provides for the safe and 

adequate accommodation as certified by the State (or other grantee), 

in all phases of project planning and development, of users of the 

transportation network on federally funded surface transportation 

projects, as determined by the Secretary. 


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(c) COMPLIANCE.— 

(1) IN GENERAL.—Each State department of transportation 

shall submit to the Secretary, at such time, in such manner, 

and containing such information as the Secretary shall require, 

a report describing the implementation by the State of measures 

to achieve compliance with this section. 

(2) DETERMINATION BY SECRETARY.—On receipt of a report 

under paragraph (1), the Secretary shall determine whether the 

applicable State has achieved compliance with this section. 

TITLE 46. SHIPPING 

SUBTITLE V. MERCHANT MARINE

PART A. GENERAL

CHAPTER 503. ADMINISTRATIVE

§ 50302. Port development 

(a) GENERAL REQUIREMENTS.—With the objective of promoting, 

encouraging, and developing ports and transportation facilities in 

connection with water commerce over which the Secretary of 

Transportation has jurisdiction, the Secretary, in cooperation with 

the Secretary of the Army, shall— 

(1) investigate territorial regions and zones tributary to 

ports, taking into consideration the economies of transportation 

by rail, water, and highway and the natural direction of the 

flow of commerce; 

(2) investigate the causes of congestion of commerce at ports 

and applicable remedies; 

(3) investigate the subject of water terminals, including the 

necessary docks, warehouses, and equipment, to devise and 

suggest the types most appropriate for different locations and 

for the most expeditious and economical transfer or interchange of passengers or property between water carriers and 

rail carriers; 

(4) consult with communities on the appropriate location and 

plan of construction of wharves, piers, and water terminals; 

(5) investigate the practicability and advantages of harbor, 

river, and port improvements in connection with foreign and 

coastwise trade; and 

(6) investigate any other matter that may tend to promote 

and encourage the use by vessels of ports adequate to care for 

the freight that naturally would pass through those ports. 

(b) SUBMISSION OF FINDINGS TO SURFACE TRANSPORTATION

BOARD.—After an investigation under subsection (a), if the Secretary of Transportation believes that the rates or practices of a 

rail carrier subject to the jurisdiction of the Surface Transportation 

Board are detrimental to the objective specified in subsection (a), 

or that new rates or practices, new or additional port terminal facilities, or affirmative action by a rail carrier is necessary to promote that objective, the Secretary may submit findings to the 

Board for action the Board considers appropriate under existing 

law. 

(c) PORT INFRASTRUCTURE DEVELOPMENT PROGRAM.— 


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(1) ESTABLISHMENT OF PROGRAM.—The Secretary of Transportation, through the Maritime Administrator, shall establish 

a port infrastructure development program for the improvement of port facilities as provided in this subsection. 

(2) AUTHORITY OF THE ADMINISTRATOR.—In order to carry out 

any project under the program established under paragraph 

(1), the Administrator may— 

(A) receive funds provided for the project from Federal, 

non-Federal, and private entities that have a specific 

agreement or contract with the Administrator to further 

the purposes of this subsection; 

(B) coordinate with other Federal agencies to expedite 

the process established under the National Environmental 

Policy Act of 1969 (42 U.S.C. 4321 et seq.) for the improvement of port facilities to improve the efficiency of the 

transportation system, to increase port security, or to provide greater access to port facilities; 

(C) seek to coordinate all reviews or requirements with 

appropriate local, State, and Federal agencies; and 

(D) provide such technical assistance to port authorities 

or commissions or their subdivisions and agents as needed 

for project planning, design, and construction. 

(3) PORT INFRASTRUCTURE DEVELOPMENT FUND.— (A) ESTABLISHMENT.—There is a Port Infrastructure Development Fund for use by the Administrator in carrying 

out projects under the port infrastructure development 

program. The Fund shall be available to the Administrator— 

(i) to administer and carry out projects under the 

program; 

(ii) to receive Federal, non-Federal, and private 

funds from entities which have specific agreements or 

contracts with the Administrator; and 

(iii) to make refunds for projects that will not be 

completed. 

(B) CREDITS.—There may be deposited into the Fund— 

(i) funds from Federal, non-Federal, and private entities which have agreements or contracts with the Administrator and which shall remain in the Fund until 

expended or refunded; and 

(ii) such amounts as may be appropriated or transferred, subject to subparagraph (C), to the Fund under 

this subsection. 

ø(C) TRANSFERS.— 

ø(i) IN GENERAL.—Subject to clauses (ii) and (iii), 

amounts appropriated or otherwise made available for 

any fiscal year for a marine facility or intermodal facility that includes maritime transportation may be 

transferred, at the option of the recipient of such 

amounts, to the Fund and administered by the Administrator as a component of a project under the program. 

ø(ii) PROHIBITION ON TRANSFERS.—Except as provided in clause (iii), no funds appropriated or made 


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available under title 23 or chapter 53 of title 49, 

United States Code, including funds from the Highway 

Trust Fund (section 9503(c) of the Internal Revenue 

Code of 1986), funds from the Mass Transit Account of 

the Highway Trust Fund (section 9503(e) of Internal 

Revenue Code of 1986), and funds provided for public 

transportation programs within the mass transit category (as defined in section 250(c)(4)(C) of the Balanced Budget and Emergency Deficit Control Act of 

1985), shall be transferred into the Fund. 

ø(iii) EXCEPTION.— ø(I) IN GENERAL.—Amounts described in subclause (II) are eligible for transfer into the Fund 

if— 

ø(aa) the recipient of the amounts has a 

specific agreement or contract with the Administrator; 

ø(bb) the Department of Transportation 

agency that administers the amounts to be 

transferred has granted project approval for 

each component of the project that is to be 

funded using such amounts; 

ø(cc) the Department of Transportation 

agency that administers the amounts to be 

transferred and the Maritime Administration 

agree to the transfer through a signed Memorandum of Understanding; and 

ø(dd) the amounts will be used only to carry 

out the project for which funds were approved, and in accordance with any conditions 

governing the amounts under title 23 or chapter 53 of title 49, United States Code. 

ø(II) AMOUNTS DESCRIBED.—The amounts referred to in subclause (I) are amounts appropriated or made available— 

ø(aa) for loans, loan guarantees, or lines of 

credit under chapter 6 of title 23, United 

States Code, for a project eligible under such 

chapter to facilitate direct intermodal exchange, transfer, and access into and out of a 

port as defined under section 601(a)(8)(D)(iii) 

of such title, as in effect on the date of enactment of this subsection; or 

ø(bb) for projects under title XII of division 

A of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5).¿ 

(C) TRANSFERS.—Amounts appropriated or otherwise 

made available for any fiscal year for a marine facility or 

intermodal facility that includes maritime transportation 

may be transferred, at the option of the recipient of such 

amounts, to the Fund and administered by the Administrator as a component of a project under the program. 

(D) LIMITATION ON STATUTORY CONSTRUCTION.—Nothing 

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fect existing authorities to conduct port infrastructure programs in Hawaii (as authorized by section 9008 of Public 

Law 109—59), Alaska (as authorized by section 10205 of 

Public Law 109—59), or Guam (as authorized by section 

3512 of Public Law 110—417). 

(4) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to the Fund such sums as may be necessary to carry out the program, taking into account amounts 

received under paragraph (3)(A)(ii). 

TITLE 49. TRANSPORTATION 

SUBTITLE I. DEPARTMENT OF TRANSPORTATION

CHAPTER 1. ORGANIZATION

§ 102. Department of Transportation 

(a) The Department of Transportation is an executive department of the United States Government at the seat of Government. 

(b) The head of the Department is the Secretary of Transportation. The Secretary is appointed by the President, by and with 

the advice and consent of the Senate. 

(c) The Department has a Deputy Secretary of Transportation 

appointed by the President, by and with the advice and consent of 

the Senate. The Deputy Secretary— 

(1) shall carry out duties and powers prescribed by the Secretary; and 

(2) acts for the Secretary when the Secretary is absent or unable to serve or when the office of Secretary is vacant. 

(d) The Department has an Under Secretary of Transportation 

for Policy appointed by the President, by and with the advice and 

consent of the Senate. The Under Secretary shall provide leadership in the development of policy for the Department, supervise the 

policy activities of Assistant Secretaries with primary responsibility 

for aviation, international, and other transportation policy development and carry out other powers and duties prescribed by the Secretary. The Under Secretary acts for the Secretary when the Secretary and the Deputy Secretary are absent or unable to serve, or 

when the offices of Secretary and Deputy Secretary are vacant. 

(e) The Department has ø4¿ 5 Assistant Secretaries and a General Counsel appointed by the President, by and with the advice 

and consent of the Senate. The Department also has an Assistant 

Secretary of Transportation for Administration appointed in the 

competitive service by the Secretary, with the approval of the 

President. They shall carry out duties and powers prescribed by the 

Secretary. An Assistant Secretary or the General Counsel, in the 

order prescribed by the Secretary, acts for the Secretary when the 

Secretary, Deputy Secretary, and Under Secretary of Transportation for Policy are absent or unable to serve, or when the offices 

of the Secretary, Deputy Secretary, and Under Secretary of Transportation for Policy are vacant. 

(f) DEPUTY ASSISTANT SECRETARY FOR TRIBAL GOVERNMENT AFFAIRS.— 

(1) ESTABLISHMENT.—In accordance with Federal policies 

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portation shall have, within the office of the Secretary, a Deputy Assistant Secretary for Tribal Government Affairs appointed by the President to plan, coordinate, and implement 

the Department of Transportation policy and programs serving 

Indian tribes and tribal organizations and to coordinate tribal 

transportation programs and activities in all offices and administrations of the Department and to be a participant in any negotiated rulemaking relating to, or having an impact on, 

projects, programs, or funding associated with the tribal transportation program. 

(2) RESERVATION OF TRUST OBLIGATIONS.— (A) RESPONSIBILITY OF SECRETARY.—In carrying out this 

title, the Secretary shall be responsible to exercise the 

trust obligations of the United States to Indians and Indian tribes to ensure that the rights of a tribe or individual Indian are protected. 

(B) PRESERVATION OF UNITED STATES RESPONSIBILITY.— Nothing in this title shall absolve the United States from 

any responsibility to Indians and Indian tribes, including 

responsibilities derived from the trust relationship and any 

treaty, executive order, or agreement between the United 

States and an Indian tribe. 

(g) OFFICE OF CLIMATE CHANGE AND ENVIRONMENT.— (1) ESTABLISHMENT.—There is established in the Department 

an Office of Climate Change and Environment to plan, coordinate, and implement— 

(A) department-wide research, strategies, and actions 

under the Department’s statutory authority to reduce 

transportation-related energy use and mitigate the effects 

of climate change; and 

(B) department-wide research strategies and actions to 

address the impacts of climate change on transportation 

systems and infrastructure. 

(2) CLEARINGHOUSE.—The Office shall establish a clearinghouse of solutions, including cost-effective congestion reduction 

approaches, to reduce air pollution and transportation-related 

energy use and mitigate the effects of climate change. 

(h) OFFICE OF FREIGHT PLANNING AND DEVELOPMENT.— (1) ESTABLISHMENT.—There is established within the Office 

of the Secretary an Office of Freight Planning and Development. The Office shall— 

(A) coordinate investment of Federal funding to improve 

the efficiency of the national transportation system to move 

freight consistent with the policy and objectives of section 

313; 

(B) facilitate communication among government, public, 

and private freight transportation stakeholders; 

(C) support the Secretary in the development of the National Freight Transportation Strategic Plan; and 

(D) carry out other duties, as prescribed by the Secretary. 

(2) ORGANIZATION.—The head of the Office shall be the Assistant Secretary of Freight Planning and Development. 

ø(h)¿ (i) The Department shall have a seal that shall be judicially recognized. 


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CHAPTER 3. GENERAL DUTIES AND POWERS

SUBCHAPTER I. DUTIES OF THE SECRETARY OF TRANSPORTATION

§ 303. National surface transportation policy 

(a) POLICY.—It is the policy of the United States to develop a comprehensive national surface transportation system that advances the 

national interest and defense, interstate and foreign commerce, the 

efficient and safe interstate mobility of people and goods, and the 

protection of the environment. The system shall be built, maintained, managed, and operated as a partnership between the Federal, State, and local governments and the private sector and shall 

be coordinated with the overall transportation system of the United 

States, including the Nation’s air, rail, pipeline, and water transportation systems. The Secretary of Transportation shall be responsible for carrying out this policy and for defining the Federal government’s role in the system. 

(b) OBJECTIVES.—The objectives of the policy shall be to facilitate 

and advance— 

(1) the improved accessibility and reduced travel times for 

persons and goods within and between nations, regions, States, 

and metropolitan areas; 

(2) the safety and health of the public; 

(3) the security of the Nation and the public; 

(4) environmental protection; 

(5) energy conservation and security, including reducing 

transportation-related energy use; 

(6) international and interstate freight movement, trade enhancement, job creation, and economic development; 

(7) responsible planning to address population distribution 

and employment and sustainable development; 

(8) the preservation and adequate performance of system-critical transportation assets, as defined by the Secretary; 

(9) reasonable access to the national surface transportation 

system for all system users, including rural communities; 

(10) the sustainable, balanced, and adequate financing of the 

national surface transportation system; and 

(11) innovation in transportation services, infrastructure, and 

technology. 

(c) GOALS.— 

(1) SPECIFIC GOALS.—The goals of the policy shall be— 

(A) to reduce average per capita peak period travel times 

on an annual basis; 

(B) to reduce national motor vehicle-related and truck-related fatalities by 50 percent by 2030; 

(C) to reduce national surface transportation delays per 

capita on an annual basis; 

(D) to improve the access to employment opportunities 

and other economic activities; 

(E) to increase the percentage of system-critical surface 

transportation assets, as defined by the Secretary, that are 

in a state of good repair by 20 percent by 2030; 


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(F) to improve access to public transportation, intercity 

passenger rail services, and non-motorized transportation 

where travel demand warrants; 

(G) to reduce passenger and freight transportation infrastructure-related delays entering into and out of international points of entry on an annual basis; 

(H) to increase travel time reliability on major freight 

corridors that connect major population centers to freight 

generators and international gateways on an annual basis; 

(I) to ensure adequate transportation of domestic energy 

supplies and promote energy security; 

(J) to maintain or reduce the percentage of gross domestic product consumed by transportation costs; and 

(K) to reduce transportation-related impacts on the environment and on communities on an annual basis. 

(2) BASELINES.—Not later than 2 years after the date of enactment of the Surface Transportation and Freight Policy Act 

of 2011, the Secretary shall develop baselines for the goals and 

shall determine appropriate methods of data collection to measure the attainment of the goals. 

§ 304. National surface transportation and freight strategic 

performance plan 

(a) DEVELOPMENT.—Not later than 2 years after the date of enactment of the Surface Transportation and Freight Policy Act of 2011, 

the Secretary of Transportation shall develop and implement a National Surface Transportation and Freight Performance Plan to 

achieve the policy, objectives, and goals set forth in sections 303 and 

312 . 

(b) CONTENTS.—The plan shall include— 

(1) an assessment of the current performance of the national 

surface transportation system and an analysis of the system’s 

ability to achieve the policy, objectives, and goals set forth in 

sections 303 and 312; 

(2) an analysis of emerging and long-term projected trends, 

including economic and national trade policies, that will impact the performance, needs, and uses of the national surface 

transportation system, including the system to move freight; 

(3) a description of the major challenges to effectively meeting 

the policy, objectives, and goals set forth in sections 303 and 

312 and a plan to address such challenges; 

(4) a comprehensive strategy and investment plan to meet the 

policy, objectives, and goals set forth in sections 303 and 312, 

including a strategy to develop the coalitions, partnerships, and 

other collaborative financing efforts necessary to ensure stable, 

reliable funding and completion of freight corridors and 

projects; 

(5) initiatives to improve transportation modeling, research, 

data collection, and analysis, including those to assess impacts 

on public health, and environmental conditions; 

(6) a plan for any reorganization of the Department of Transportation or its agencies necessary to meet the policy, objectives, 

and goals set forth in sections 303 and 312; 


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(7) guidelines to encourage the appropriate balance of means 

to finance the national transportation system to move freight to 

implement the plan and the investment plan proposed under 

paragraph (4); and 

(8) a list of priority freight corridors and gateways to be improved and developed to meet the policy, objectives, and goals 

set forth in section 312. 

(c) CONSULTATION.—In developing the plan required by subsection 

(a), the Secretary shall— 

(1) consult with appropriate Federal agencies, local, State, 

and tribal governments, public and private transportation 

stakeholders, non-profit organizations representing transportation employees, appropriate foreign governments, and other 

interested parties; 

(2) consider on-going Federal, State, and corridor-wide transportation plans; 

(3) provide public notice and hearings and solicit public comments on the plan, and 

(4) as appropriate, establish advisory committees to assist 

with developing the plan. 

(d) SUBMITTAL AND PUBLICATION.—The Secretary shall— 

(1) submit the completed plan to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of 

Representatives; and 

(2) post the completed plan on the Department of Transportation’s public web site. 

(e) PROGRESS REPORTS.—The Secretary shall submit biennial 

progress reports on the implementation of the plan beginning 2 

years after the date of submittal of the plan under subsection (d)(1). 

Each progress report shall— 

(1) describe progress made toward fully implementing the 

plan and achieving the policies, objectives, and goals established under sections 303 and 312; 

(2) describe challenges and obstacles to full implementation; 

(3) describe updates to the plan necessary to reflect changed 

circumstances or new developments; and 

(4) make policy and legislative recommendations the Secretary believes are necessary and appropriate to fully implement 

the plan. 

(f) DATA.—The Secretary shall have the authority to conduct studies, gather information, and require the production of data necessary to develop or update this plan, consistent with Federal privacy standards. 

(g) IMPLEMENTATION.—The Secretary shall— 

(1) develop appropriate performance criteria and data collections systems for each Federal surface transportation program 

to evaluate: 

(A) whether such programs are consistent with the policy, 

objectives, and goals established by sections 303 and 312; 

and 

(B) how effective such programs are in contributing to the 

achievement of the policy, objectives, and goals established 

by sections 303 and 312; 


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(2) using the criteria developed under paragraph (1), periodically evaluate each such program and provide the results to the 

public; 

(3) based on the evaluation performed under paragraph (2), 

make any necessary changes or improvements to such programs 

to ensure such consistency and effectiveness; 

(4) implement this section in a manner that is consistent with 

sections 302, 5503, 10101, and 13101 of this title and section 

101 of title 23 to the extent that such sections do not conflict 

with the policy, objectives, and goals established by sections 303 

and 312; 

(5) review, update, and reissue all relevant surface transportation planning requirements to ensure that such requirements 

require that regional, State, and local surface transportation 

planning efforts funded with Federal funds are consistent with 

the policy, objectives, and goals established by this section; and 

(6) require States and metropolitan planning organizations to 

annually report on the use of Federal surface transportation 

funds, including a description of— 

(A) which projects and priorities were funded with such 

funds; 

(B) the rationale and method employed for apportioning 

such funds to the projects and priorities; and 

(C) how the obligation of such funds is consistent with or 

advances the policy, objectives, and goals established by 

sections 303 and 312. 

§ ø303¿ 305. Policy on lands, wildlife and waterfowl refuges, 

and historic sites 

(a) It is the policy of the United States Government that special 

effort should be made to preserve the natural beauty of the countryside and public park and recreation lands, wildlife and waterfowl refuges, and historic sites. 

(b) The Secretary of Transportation shall cooperate and consult 

with the Secretaries of the Interior, Housing and Urban Development, and Agriculture, and with the States, in developing transportation plans and programs that include measures to maintain or 

enhance the natural beauty of lands crossed by transportation activities or facilities. 

(c) APPROVAL OF PROGRAMS AND PROJECTS.—Subject to subsection (d), the Secretary may approve a transportation program or 

project (other than any project for a park road or parkway under 

section 204 of title 23) requiring the use of publicly owned land of 

a public park, recreation area, or wildlife and waterfowl refuge of 

national, State, or local significance, or land of an historic site of 

national, State, or local significance (as determined by the Federal, 

State, or local officials having jurisdiction over the park, area, refuge, or site) only if— 

(1) there is no prudent and feasible alternative to using that 

land; and 

(2) the program or project includes all possible planning to 

minimize harm to the park, recreation area, wildlife and waterfowl refuge, or historic site resulting from the use. 

(d) DE MINIMIS IMPACTS.— 


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(1) REQUIREMENTS.— 

(A) REQUIREMENTS FOR HISTORIC SITES.—The requirements of this section shall be considered to be satisfied 

with respect to an area described in paragraph (2) if the 

Secretary determines, in accordance with this subsection, 

that a transportation program or project will have a de 

minimis impact on the area. 

(B) REQUIREMENTS FOR PARKS, RECREATION AREAS, AND

WILDLIFE OR WATERFOWL REFUGES.—The requirements of 

subsection (c)(1) shall be considered to be satisfied with respect to an area described in paragraph (3) if the Secretary 

determines, in accordance with this subsection, that a 

transportation program or project will have a de minimis 

impact on the area. The requirements of subsection (c)(2) 

with respect to an area described in paragraph (3) shall 

not include an alternatives analysis. 

(C) CRITERIA.—In making any determination under this 

subsection, the Secretary shall consider to be part of a 

transportation program or project any avoidance, minimization, mitigation, or enhancement measures that are 

required to be implemented as a condition of approval of 

the transportation program or project. 

(2) HISTORIC SITES.—With respect to historic sites, the Secretary may make a finding of de minimis impact only if— 

(A) the Secretary has determined, in accordance with the 

consultation process required under section 106 of the National Historic Preservation Act (16 U.S.C. 470f), that— 

(i) the transportation program or project will have 

no adverse effect on the historic site; or 

(ii) there will be no historic properties affected by 

the transportation program or project; 

(B) the finding of the Secretary has received written concurrence from the applicable State historic preservation officer or tribal historic preservation officer (and from the 

Advisory Council on Historic Preservation if the Council is 

participating in the consultation process); and 

(C) the finding of the Secretary has been developed in 

consultation with parties consulting as part of the process 

referred to in subparagraph (A). 

(3) PARKS, RECREATION AREAS, AND WILDLIFE OR WATERFOWL

REFUGES.—With respect to parks, recreation areas, or wildlife 

or waterfowl refuges, the Secretary may make a finding of de 

minimis impact only if— 

(A) the Secretary has determined, after public notice and 

opportunity for public review and comment, that the transportation program or project will not adversely affect the 

activities, features, and attributes of the park, recreation 

area, or wildlife or waterfowl refuge eligible for protection 

under this section; and 

(B) the finding of the Secretary has received concurrence 

from the officials with jurisdiction over the park, recreation area, or wildlife or waterfowl refuge. 


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§ ø303a¿ 306. Development of water transportation 

(a) POLICY.—It is the policy of Congress— 

(1) to promote, encourage, and develop water transportation, 

service, and facilities for the commerce of the United States; 

and 

(2) to foster and preserve rail and water transportation. 

(b) DEFINITION.—In this section, ‘‘inland waterway’’ includes the 

Great Lakes. 

(c) REQUIREMENTS.—The Secretary of Transportation shall— 

(1) investigate the types of vessels suitable for different 

classes of inland waterways to promote, encourage, and develop inland waterway transportation facilities for the commerce of the United States; 

(2) investigate water terminals, both for inland waterway 

traffic and for through traffic by water and rail, including the 

necessary docks, warehouses, and equipment, and investigate 

railroad spurs and switches connecting with those water terminals, to develop the types most appropriate for different locations and for transferring passengers or property between 

water carriers and rail carriers more expeditiously and economically; 

(3) consult with communities, cities, and towns about the location of water terminals, and cooperate with them in preparing plans for terminal facilities; 

(4) investigate the existing status of water transportation on 

the different inland waterways of the United States to learn 

the extent to which— 

(A) the waterways are being used to their capacity and 

are meeting the demands of traffic; and 

(B) water carriers using those waterways are interchanging traffic with rail carriers; 

(5) investigate other matters that may promote and encourage inland water transportation; and 

(6) compile, publish, and distribute information about transportation on inland waterways that the Secretary considers 

useful to the commercial interests of the United States. 

§ ø304¿ 307. Joint activities with the Secretary of Housing 

and Urban Development 

(a) The Secretary of Transportation and the Secretary of Housing 

and Urban Development shall— 

(1) consult and exchange information about their respective 

transportation policies and activities; 

(2) carry out joint planning, research, and other activities; 

(3) coordinate assistance for local transportation projects; 

and 

(4) jointly study methods by which policies and programs of 

the United States Government can ensure that urban transportation systems most effectively serve both transportation needs 

of the United States and the comprehensively planned development of urban areas. 

(b) The Secretaries shall report on April 1 of each year to the 

President, for submission to Congress, on their studies and other 


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activities under this section, including legislative recommendations 

they consider desirable. 

§ ø305¿ 308. Transportation investment standards and criteria 

(a) Subject to sections 301-304 of this title, the Secretary of 

Transportation shall develop standards and criteria to formulate 

and economically evaluate all proposals for investing amounts of 

the United States Government in transportation facilities and 

equipment. Based on experience, the Secretary shall revise the 

standards and criteria. When approved by Congress, the Secretary 

shall prescribe standards and criteria developed or revised under 

this subsection. This subsection does not apply to— 

(1) the acquisition of transportation facilities or equipment 

by a department, agency, or instrumentality of the Government to provide transportation for its use; 

(2) an inter-oceanic canal located outside the 48 contiguous 

States; 

(3) defense features included at the direction of the Department of Defense in designing and constructing civil air, sea, or 

land transportation; 

(4) foreign assistance programs; 

(5) water resources projects; or 

(6) grant-in-aid programs authorized by law. 

(b) A department, agency, or instrumentality of the Government 

preparing a survey, plan, or report that includes a proposal about 

which the Secretary has prescribed standards and criteria under 

subsection (a) of this section shall— 

(1) prepare the survey, plan, or report under those standards 

and criteria and on the basis of information provided by the 

Secretary on the— 

(A) projected growth of transportation needs and traffic 

in the affected area; 

(B) the relative efficiency of various modes of transportation; 

(C) the available transportation services in the area; and 

(D) the general effect of the proposed investment on existing modes of transportation and on the regional and national economy; 

(2) coordinate the survey, plan, or report— 

(A) with the Secretary and include the views and comments of the Secretary; and 

(B) as appropriate, with other departments, agencies, 

and instrumentalities of the Government, States, and local 

governments, and include their views and comments; and 

(3) send the survey, plan, or report to the President for disposition under law and procedure established by the President. 

§ ø306¿ 309. Prohibited discrimination 

(a) In this section, ‘‘financial assistance’’ includes obligation guarantees. 

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tional origin, or sex when any part of the project, program, or activity is financed through financial assistance under section 332 or 

333 or chapter 221 or 249 of this title, section 211 or 216 of the 

Regional Rail Reorganization Act of 1973 (45 U.S.C. 721, 726), or 

title V of the Railroad Revitalization and Regulatory Reform Act of 

1976 (45 U.S.C. 821 et seq.). 

(c) When the Secretary of Transportation decides that a person 

receiving financial assistance under a law referred to in subsection 

(b) of this section has not complied with that subsection, a Federal 

civil rights law, or an order or regulation issued under a Federal 

civil rights law, the Secretary shall notify the person of the decision 

and require the person to take necessary action to ensure compliance with that subsection. 

(d) If a person does not comply with subsection (b) of this section 

within a reasonable time after receiving a notice under subsection 

(c) of this section, the Secretary shall take at least one of the following actions: 

(1) direct that no more Federal financial assistance be provided the person. 

(2) refer the matter to the Attorney General with a recommendation that a civil action be brought against the person. 

(3) carry out the duties and powers provided by title VI of 

the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.). 

(4) take other action provided by law. 

(e) When a matter is referred to the Attorney General under subsection (d)(2) of this section, or when the Attorney General has reason to believe that a person is engaged in a pattern or practice violating this section, the Attorney General may begin a civil action 

in a district court of the United States for appropriate relief. 

ø§ 307. Safety information and intervention in Interstate 

Commerce Commission proceedings 

ø(a) The Secretary of Transportation shall inspect promptly the 

safety compliance record in the Department of Transportation of 

each person applying to the Interstate Commerce Commission for 

authority to provide transportation or freight forwarder service. 

The Secretary shall report the findings of the inspection to the 

Commission. 

ø(b) When the Secretary is not satisfied with the safety record 

of a person applying for permanent authority to provide transportation or freight forwarder service, or for approval of a proposed 

transfer of permanent authority, the Secretary shall intervene and 

present evidence of the fitness of the person to the Commission in 

its proceedings. 

ø(c) When requested by the Commission, the Secretary shall— 

ø(1) provide the Commission with a complete report on the 

safety compliance of a carrier providing transportation or 

freight forwarder service subject to its jurisdiction; 

ø(2) provide promptly a statement of the safety record of a 

person applying to the Commission for temporary authority to 

provide transportation; 

ø(3) intervene and present evidence in a proceeding in which 

a finding of fitness is required; and 


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ø(4) make additional safety compliance surveys and inspections the Commission decides are desirable to allow it to act 

on an application or to make a finding on the fitness of a carrier.¿ 

§ ø308¿ 310. Reports 

(a) As soon as practicable after the end of each fiscal year, the 

Secretary of Transportation shall report to the President, for submission to Congress, on the activities of the Department of Transportation during the prior fiscal year. 

(b) The Secretary shall submit to the President and Congress 

each year a report on the aviation activities of the Department. 

The report shall include— 

(1) collected information the Secretary considers valuable in 

deciding questions about— 

(A) the development and regulation of civil aeronautics; 

(B) the use of airspace of the United States; and 

(C) the improvement of the air navigation and traffic 

control system; and 

(2) recommendations for additional legislation and other action the Secretary considers necessary. 

(c) The Secretary shall submit to Congress each year a report on 

the conditions of the public ports of the United States, including 

the— 

(1) economic and technological development of the ports; 

(2) extent to which the ports contribute to the national welfare and security; and 

(3) factors that may impede the continued development of 

the ports. 

(d) [Repealed] 

(e) (1) The Secretary shall submit to Congress in March 1998, 

and in March of each even-numbered year thereafter, a report of 

estimates by the Secretary on the current performance and condition of public mass transportation systems with recommendations 

for necessary administrative or legislative changes. 

(2) In reporting to Congress under this subsection, the Secretary shall prepare a complete assessment of public transportation facilities in the United States. The Secretary also shall 

assess future needs for those facilities and estimate future capital requirements and operation and maintenance requirements for one-year, 5-year, and 10-year periods at specified levels of service. 

§ ø309¿ 311. High-speed ground transportation 

(a) The Secretary of Transportation, in consultation with the Secretaries of Commerce, Energy, and Defense, the Administrator of 

the Environmental Protection Agency, the Assistant Secretary of 

the Army for Public Works, and the heads of other interested agencies, shall lead and coordinate Federal efforts in the research and 

development of high-speed ground transportation technologies in 

order to foster the implementation of magnetic levitation and highVerDate Mar 15 2010 23:11 Nov 14, 2012 Jkt 029010 PO 00000 Frm 00052 Fmt 6604 Sfmt 6602 E:\HR\OC\SR238.XXX SR238

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speed steel wheel on rail transportation systems as alternatives to 

existing transportation systems. 

* * * * * * * 

§ 312. National freight transportation policy. 

(a) NATIONAL FREIGHT TRANSPORTATION POLICY.—It is the policy 

of the United States to improve the efficiency, operation, and security of the national transportation system to move freight by 

leveraging investments and promoting partnerships that advance 

interstate and foreign commerce, promote economic competitiveness 

and job creation, improve the safe and efficient mobility of goods, 

and protect the public health and the environment. 

(b) OBJECTIVES.—The objectives of the policy are— 

(1) to target investment in freight transportation projects that 

strengthen the economic competitiveness of the United States 

with a focus on domestic industries and businesses and the creation and retention of high-value jobs; 

(2) to promote and advance energy conservation and the environmental sustainability of freight movements; 

(3) to facilitate and advance the safety and health of the public, including communities adjacent to freight movements; 

(4) to provide for systematic and balanced investment to improve the overall performance and reliability of the national 

transportation system to move freight, including ensuring trade 

facilitation and transportation system improvements are mutually supportive; 

(5) to promote partnerships between Federal, State, and local 

governments, the private sector, and other transportation stakeholders to leverage investments in freight transportation 

projects; and 

(6) to encourage adoption of operational policies, such as intelligent transportation systems, to improve the efficiency of 

freight-related transportation movements and infrastructure. 

SUBCHAPTER II. ADMINISTRATIVE

§ 333. Responsibility for rail transportation unification and 

coordination projects 

(a) The Secretary of Transportation may develop and make available to interested persons any plans, proposals, and recommendations for mergers, consolidations, reorganizations, and other unification or coordination projects for rail transportation (including arrangements for joint use of tracks and other facilities and acquisition or sale of assets) that the Secretary believes will result in a 

rail system that is more efficient and consistent with the public interest. 

(b) To achieve a more efficient, economical, and viable rail system 

in the private sector, the Secretary, when requested by a rail carrier and under this section, may assist in planning, negotiating, 

and carrying out a unification or coordination of operations and facilities of at least 2 rail carriers. 

(c) (1) The Secretary may conduct studies to determine the potential cost savings and possible improvements in the quality of rail 


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transportation that are likely to result from unification or coordination of at least 2 rail carriers, through— 

(A) elimination of duplicating or overlapping operations 

and facilities; 

(B) reducing switching operations; 

(C) using the shortest or more efficient and economical 

routes; 

(D) exchanging trackage rights; 

(E) combining trackage and terminal or other facilities; 

(F) upgrading tracks and other facilities used by at least 

2 rail carriers; 

(G) reducing administrative and other expenses; and 

(H) other measures likely to reduce costs and improve 

rail transportation. 

(2) When the Secretary requests information for a study 

under this section, a rail carrier shall provide the information 

requested. In carrying out this section, the Secretary may designate an officer or employee to get from a rail carrier information on the kind, quality, origin, destination, consignor, consignee, and routing of property. This information may be obtained without the consent of the consignor or consignee notwithstanding section 11904 of this title. When appropriate, the 

designated officer or employee has the powers described in section 203(c) of the Regional Rail Reorganization Act of 1973 to 

carry out this section, but a subpena must be issued under the 

signature of the Secretary. 

(d) (1) When requested by a rail carrier, the Secretary may hold 

conferences on and mediate disputes resulting from a proposed unification or coordination project. The Secretary may invite to a conference— 

(A) officers and directors of an affected rail carrier; 

(B) representatives of rail carrier employees who may be 

affected; 

(C) representatives of the øInterstate Commerce Commission¿ Surface Transportation Board; 

(D) State and local government officials, shippers, and 

consumer representatives; and 

(E) representatives of the Federal Trade Commission 

and the Attorney General. 

(2) A person attending or represented at a conference on a 

proposed unification or coordination project is not liable under 

the antitrust laws of the United States for any discussion at 

the conference and for any agreements reached at the conference, that are entered into with the approval of the Secretary to achieve or determine a plan of action to carry out the 

unification or coordination project. 

(e) When the approval of a proposal submitted by a rail carrier 

for a merger or other action is subject to the jurisdiction of the 

øInterstate Commerce Commission¿ Surface Transportation Board 

under section 11323(a) of this title, the Secretary may study the 

proposal to decide whether it satisfies section 11324(b) of this title. 

When the proposal is the subject of an application and proceeding 

before the øCommission¿ Board, the Secretary may appear in any 

proceeding related to the application. 


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CHAPTER 5. SPECIAL AUTHORITY

SUBCHAPTER I. POWERS

§ 504. Reports and records 

(a) In this section— 

(1) ‘‘association’’ means an organization maintained by or in 

the interest of a group of rail carriers, motor carriers, motor 

carriers of migrant workers, or motor private carriers that performs a service, or engages in activities, related to transportation of that carrier. 

(2) ‘‘carrier’’ means a motor carrier, motor carrier of migrant 

workers, motor private carrier, and rail carrier. 

(3) ‘‘lessor’’ means a person owning a railroad that is leased 

to and operated by a rail carrier, and a person leasing a right 

to operate as a motor carrier, motor carrier of migrant workers, or motor private carrier to another. 

(4) ‘‘lessor’’ and ‘‘carrier’’ include a receiver or trustee of that 

lessor or carrier, respectively. 

(b) (1) The Secretary of Transportation may prescribe the form 

of records required to be prepared or compiled under this section 

by— 

(A) carriers and lessors; and 

(B) a person furnishing cars or protective service against 

heat or cold to or for a rail carrier. 

(2) The Secretary may require— 

(A) carriers, lessors, associations, or classes of them as 

the Secretary may prescribe, to file annual, periodic, and 

special reports with the Secretary containing answers to 

questions asked by the Secretary; and 

(B) a person furnishing cars or protective service against 

heat or cold to a rail carrier to file reports with the Secretary containing answers to questions about those cars or 

service. 

(c) The Secretary, or an employee (and, in the case of a motor 

carrier, a contractor, or an employee of the recipient of a grant 

issued under section 31102 of this title) designated by the Secretary, may on demand and display of proper credentials, in person 

or in writing— 

(1) inspect the equipment of a carrier or lessor; and 

(2) inspect and copy any record of— 

(A) a carrier, lessor, or association; 

(B) a person controlling, controlled by, or under common 

control with a carrier, if the Secretary considers inspection 

relevant to that person’s relation to, or transaction with, 

that carrier; and 

(C) a person furnishing cars or protective service against 

heat or cold to or for a rail carrier if the Secretary prescribed the form of that record. 

(d) The Secretary may prescribe the time period during which 

records must be preserved by a carrier, lessor, and person furnishing cars or protective service. 

(e) (1) An annual report shall contain an account, in as much detail as the Secretary may require, of the affairs of a carrier, lessor, 


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or association for the 12-month period ending on the 31st day of 

December of each year. The annual report shall be filed with the 

Secretary by the end of the 3d month after the end of the year for 

which the report is made unless the Secretary extends the filing 

date or changes the period covered by the report. 

(2) The annual report and, if the Secretary requires, any 

other report made under this section shall be made under oath. 

(f) No part of a report of an accident occurring in operations of 

a motor carrier, motor carrier of migrant workers, or motor private 

carrier and required by the Secretary, and no part of a report of 

an investigation of the accident made by the Secretary, may be admitted into evidence or used in a civil action for damages related 

to a matter mentioned in the report or investigation. 

SUBCHAPTER II. PENALTIES

§ 521. Civil penalties 

(a) 

(1) A person required under section 504 of this title to make, 

prepare, preserve, or submit to the Secretary of Transportation 

a record about rail carrier transportation, that does not make, 

prepare, preserve, or submit that record as required under that 

section, is liable to the United States Government for a civil 

penalty of $500 for each violation. 

(2) A rail carrier, and a lessor, receiver, or trustee of that 

carrier, violating section 504(c)(1) of this title is liable to the 

Government for a civil penalty of $100 for each violation. 

(3) A rail carrier, a lessor, receiver, or trustee of that carrier, 

a person furnishing cars or protective service against heat or 

cold, and an officer, agent, or employee of one of them, required to make a report to the Secretary or answer a question, 

that does not make a report to the Secretary or does not specifically, completely, and truthfully answer the question, is liable to the Government for a civil penalty of $100 for each violation. 

(4) A separate violation occurs for each day a violation under 

this subsection continues. 

(5) Trial in a civil action under this subsection is in the judicial district in which the rail carrier has its principal operating 

office or in a district through which the railroad of the rail carrier runs. 

(b) VIOLATIONS RELATING TO COMMERCIAL MOTOR VEHICLE SAFETY REGULATION AND OPERATORS.— 

(1) NOTICE.— 

(A) IN GENERAL.—If the Secretary finds that a violation 

of a provision of subchapter III of chapter 311 (except sections 31138 and 31139) or section 31302, 31303, 31304, 

31305(b), 31310(g)(1)(A), or 31502 of this title, or a violation of a regulation issued under any of those provisions, 

has occurred, the Secretary shall issue a written notice to 

the violator. Such notice shall describe with reasonable 

particularity the nature of the violation found and the provision which has been violated. The notice shall specify the 

proposed civil penalty, if any, and suggest actions which 


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might be taken in order to abate the violation. The notice 

shall indicate that the violator may, within 15 days of 

service, notify the Secretary of the violator’s intention to 

contest the matter. In the event of a contested notice, the 

Secretary shall afford such violator an opportunity for a 

hearing, pursuant to section 554 of title 5 following which 

the Secretary shall issue an order affirming, modifying, or 

vacating the notice of violation. 

(B) NONAPPLICABILITY TO REPORTING AND RECORD- KEEPING VIOLATIONS.—Subparagraph (A) shall not apply to 

reporting and recordkeeping violations. 

(2) CIVIL PENALTY.— (A) IN GENERAL.—Except as otherwise provided in this 

subsection, any person who is determined by the Secretary, after notice and opportunity for a hearing, to have 

committed an act that is a violation of regulations issued 

by the Secretary under subchapter III of chapter 311 (except sections 31138 and 31139) or section 31502 of this 

title shall be liable to the United States for a civil penalty 

in an amount not to exceed $10,000 for each offense. Notwithstanding any other provision of this section (except 

subparagraph (C)), no civil penalty shall be assessed under 

this section against an employee for a violation in an 

amount exceeding $2,500. 

(B) RECORDKEEPING AND REPORTING VIOLATIONS.—A person required to make a report to the Secretary, answer a 

question, or make, prepare, or preserve a record under section 504 of this title or under any regulation issued by the 

Secretary pursuant to subchapter III of chapter 311 (except sections 31138 and 31139) or section 31502 of this 

title about transportation by motor carrier, motor carrier 

of migrant workers, or motor private carrier, or an officer, 

agent, or employee of that person— 

(i) who does not make that report, does not specifically, completely, and truthfully answer that question 

in 30 days from the date the Secretary requires the 

question to be answered, or does not make, prepare, or 

preserve that record in the form and manner prescribed by the Secretary, shall be liable to the United 

States for a civil penalty in an amount not to exceed 

$1,000 for each offense, and each day of the violation 

shall constitute a separate offense, except that the 

total of all civil penalties assessed against any violator 

for all offenses related to any single violation shall not 

exceed $10,000; or 

(ii) who knowingly falsifies, destroys, mutilates, or 

changes a required report or record, knowingly files a 

false report with the Secretary, knowingly makes or 

causes or permits to be made a false or incomplete 

entry in that record about an operation or business 

fact or transaction, or knowingly makes, prepares, or 

preserves a record in violation of a regulation or order 

of the Secretary, shall be liable to the United States 

for a civil penalty in an amount not to exceed $10,000 


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for each violation, if any such action can be shown to 

have misrepresented a fact that constitutes a violation 

other than a reporting or recordkeeping violation. 

(C) VIOLATIONS PERTAINING TO CDLS.—Any person who is 

determined by the Secretary, after notice and opportunity 

for a hearing, to have committed an act which is a violation of section 31302, 31303, 31304, 31305(b), or 

31310(g)(1)(A) of this title shall be liable to the United 

States for a civil penalty not to exceed $2,500 for each offense. 

(D) DETERMINATION OF AMOUNT.—The amount of any 

civil penalty, and a reasonable time for abatement of the 

violation, shall by written order be determined by the Secretary, taking into account the nature, circumstances, extent, and gravity of the violation committed and, with respect to the violator, the degree of culpability, history of 

prior offenses, øability to pay,¿ effect on ability to continue 

to do business, and such other matters as justice and public safety may require. In each case, the assessment shall 

be calculated to induce further compliance. 

ø(E)¿ (E)(i) COPYING OF RECORDS AND ACCESS TO EQUIP- MENT, LANDS, AND BUILDINGS.—A person subject to chapter 

51 or a motor carrier, broker, freight forwarder, or owner 

or operator of a commercial motor vehicle subject to part 

B of subtitle VI who fails to allow promptly, upon demand, 

the Secretary (or an employee designated by the Secretary) 

to inspect and copy any record or inspect and examine 

equipment, lands, buildings and other property in accordance with sections 504(c), 5121(c), and 14122(b) shall be 

liable to the United States for a civil penalty not to exceed 

$1,000 for each offense. Each day the Secretary is denied 

the right to inspect and copy any record or inspect and examine equipment, lands, buildings and other property 

shall constitute a separate offense, except that the total of 

all civil penalties against any violator for all offenses related to a single violation shall not exceed $10,000. In the 

case of a motor carrier, the Secretary may also place the 

violator’s motor carrier operations out of service. It shall be 

a defense to øsuch penalty¿ a penalty that the records did 

not exist at the time of the Secretary’s request or could not 

be timely produced without unreasonable expense or effort. 

Nothing in this subparagraph amends or supersedes any 

remedy available to the Secretary under section 502(d), 

section 507(c), or any other provision of this title. 

(ii) PLACE OUT OF SERVICE.—The Secretary may by 

regulation adopt procedures for placing out of service 

the commercial motor vehicle of a foreign-domiciled 

motor carrier that fails to promptly allow the Secretary 

to inspect and copy a record or inspect equipment, 

land, buildings, or other property. 

(F) PENALTY FOR VIOLATIONS RELATING TO OUT OF SERVICE ORDERS.—A motor carrier or employer (as defined in 

section 31132) that operates a commercial motor vehicle in 

commerce in violation of a prohibition on transportation 


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under section 31144(c) of this title or an imminent hazard 

out of service order issued under subsection (b)(5) of this 

section or section 5121(d) of this title shall be liable for a 

civil penalty not to exceed $25,000. 

(3) The Secretary may require any violator served with a notice of violation to post a copy of such notice or statement of 

such notice in such place or places and for such duration as the 

Secretary may determine appropriate to aid in the enforcement 

of subchapter III of chapter 311 (except sections 31138 and 

31139) or section 31302, 31303, 31304, 31305(b), or 31502 of 

this title, as the case may be. 

(4) Such civil penalty may be recovered in an action brought 

by the Attorney General on behalf of the United States in the 

appropriate district court of the United States or, before referral to the Attorney General, such civil penalty may be compromised by the Secretary. 

(5) (A) If, upon inspection or investigation, the Secretary determines that a violation of a provision of subchapter III of 

chapter 311 (except sections 31138 and 31139) or section 

31302, 31303, 31304, 31305(b), or 31502 of this title or a regulation issued under any of those provisions, or combination of 

such violations, poses an imminent hazard to safety, the Secretary shall order a vehicle or employee operating such vehicle 

out of service, or order an employer to cease all or part of the 

employer’s commercial motor vehicle operations. In making 

any such order, the Secretary shall impose no restriction on 

any employee or employer beyond that required to abate the 

hazard. Subsequent to the issuance of the order, opportunity 

for review shall be provided in accordance with section 554 of 

title 5, except that such review shall occur not later than 10 

days after issuance of such order. 

(B) In this paragraph, ‘‘imminent hazard’’ means any 

condition of vehicle, employee, or commercial motor vehicle 

operations which substantially increases the likelihood of 

serious injury or death if not discontinued immediately. 

(C) If an employee, vehicle, or all or part of an employer’s 

commercial motor vehicle operations is ordered out of service under paragraph (5)(A), the commercial motor vehicle 

operations of the employee, vehicle, or employer that affect 

interstate commerce are also prohibited. 

(6) CRIMINAL PENALTIES.— 

(A) IN GENERAL.—Any person who knowingly and willfully violates any provision of subchapter III of chapter 

311 (except sections 31138 and 31139) or section 31502 of 

this title, or a regulation issued under any of those provisions shall, upon conviction, be subject for each offense to 

a fine not to exceed $25,000 or imprisonment for a term 

not to exceed one year, or both, except that, if such violator 

is an employee, the violator shall only be subject to penalty 

if, while operating a commercial motor vehicle, the violator’s activities have led or could have led to death or serious injury, in which case the violator shall be subject, 

upon conviction, for a fine not to exceed $2,500. 


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(B) VIOLATIONS PERTAINING TO CDLS.—Any person who 

knowingly and willfully violates— 

(i) any provision of section 31302, 31303(b) or (c), 

31304, 31305(b), or 31310(g)(1)(A) of this title or a regulation issued under such section, or 

(ii) with respect to notification of a serious traffic 

violation as defined under section 31301 of this title, 

any provision of section 31303(a) of this title or a regulation issued under section 31303(a), 

shall, upon conviction, be subject for each offense to a fine 

not to exceed $5,000 or imprisonment for a term not to exceed 90 days, or both. 

(7) The Secretary shall issue regulations establishing penalty 

schedules designed to induce timely compliance for persons 

failing to comply promptly with the requirements set forth in 

any notices and orders under this subsection. The penalties 

may include a minimum duration for any out of service period, 

not to exceed 90 days. 

(8) PROHIBITION ON OPERATION IN INTERSTATE COMMERCE

AFTER NONPAYMENT OF PENALTIES.— (A) IN GENERAL.—An owner or operator of a commercial 

motor vehicle against whom a civil penalty is assessed 

under this chapter or chapter 51, 149, or 311 of this title 

and who does not pay such penalty or fails to arrange and 

abide by an acceptable payment plan for such civil penalty 

may not operate in interstate commerce beginning on the 

91st day after the date specified by order of the Secretary 

for payment of such penalty. This paragraph shall not 

apply to any person who is unable to pay a civil penalty 

because such person is a debtor in a case under chapter 11 

of title 11, United States Code. 

(B) ADDITIONAL PROHIBITION.—A person prohibited from 

operating in interstate commerce under paragraph (8)(A) 

may not operate any commercial motor vehicle where the 

operation affects interstate commerce. 

ø(B)¿ (C) REGULATIONS.—Not later than 12 months after 

the date of the enactment of this paragraph, the Secretary, 

after notice and an opportunity for public comment, shall 

issue regulations setting forth procedures for ordering 

commercial motor vehicle owners and operators delinquent 

in paying civil penalties to cease operations until payment 

has been made. 

(9) Any aggrieved person who, after a hearing, is adversely 

affected by a final order issued under this section may, within 

30 days, petition for review of the order in the United States 

Court of Appeals in the circuit wherein the violation is alleged 

to have occurred or where the violator has his principal place 

of business or residence, or in the United States Court of Appeals for the District of Columbia Circuit. Review of the order 

shall be based on a determination of whether the Secretary’s 

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ure or neglect to do so. The commencement of proceedings 

under this subsection shall not, unless ordered by the court, 

operate as a stay of the order of the Secretary. 

(10) All penalties and fines collected under this section shall 

be deposited into the Highway Trust Fund (other than the 

Mass Transit Account). 

(11) In any action brought under this section, process may be 

served without regard to the territorial limits of the district of 

the State in which the action is brought. 

(12) In any proceeding for criminal contempt for violation of 

an injunction or restraining order issued under this section, 

trial shall be by the court, or, upon demand of the accused, by 

a jury, conducted in accordance with the provisions of rule 

42(b) of the Federal Rules of Criminal Procedure. 

(13) The provisions of this subsection shall not affect chapter 

51 of this title or any regulation promulgated by the Secretary 

under chapter 51. 

(14) As used in this subsection, the terms ‘‘commercial motor 

vehicle’’, ‘‘employee’’, ‘‘employer’’, and ‘‘State’’ have the meaning 

such terms have under section 31132 of this title. 

(15) IMPOUNDMENT OF COMMERCIAL MOTOR VEHICLES.— (A) ENFORCEMENT OF IMMINENT HAZARD OUT-OF-SERVICE

ORDERS.— 

(i) The Secretary, or an authorized State official carrying out motor carrier safety enforcement activities 

under section 31102, may enforce an imminent hazard 

out-of-service order issued under chapters 5, 51, 131 

through 149, 311, 313, or 315 of this title, or a regulation promulgated thereunder, by towing and impounding a commercial motor vehicle until the order is rescinded. 

(ii) Enforcement shall not unreasonably interfere 

with the ability of a shipper, carrier, broker, or other 

party to arrange for the alternative transportation of 

any cargo or passenger being transported at the time 

the commercial motor vehicle is immobilized. In the 

case of a commercial motor vehicle transporting passengers, the Secretary or authorized State official shall 

provide reasonable, temporary, and secure shelter and 

accommodations for passengers in transit. 

(iii) The Secretary’s designee or an authorized State 

official carrying out motor carrier safety enforcement 

activities under section 31102, shall immediately notify 

the owner of a commercial motor vehicle of the impoundment and the opportunity for review of the impoundment. A review shall be provided in accordance 

with section 554 of title 5, except that the review shall 

occur not later than 10 days after the impoundment. 

(B) ISSUANCE OF REGULATIONS.—The Secretary shall promulgate regulations on the use of impoundment or immobilization of commercial motor vehicles as a means of enforcing additional out-of-service orders issued under chapters 5, 51, 131 through 149, 311, 313, or 315 of this title, 

or a regulation promulgated thereunder. Regulations proVerDate Mar 15 2010 23:11 Nov 14, 2012 Jkt 029010 PO 00000 Frm 00061 Fmt 6604 Sfmt 6603 E:\HR\OC\SR238.XXX SR238

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mulgated under this subparagraph shall include consideration of public safety, the protection of passengers and 

cargo, inconvenience to passengers, and the security of the 

commercial motor vehicle. 

(C) DEFINITION.—In this paragraph, the term ‘‘impoundment’’ or ‘‘impounding’’ means the seizing and taking into 

custody of a commercial motor vehicle or the immobilizing 

of a commercial motor vehicle through the attachment of a 

locking device or other mechanical or electronic means. 

§ 524. Evasion of regulation of motor carriers 

A person, or an officer, employee, or agent of that person, that 

by any means øknowingly and willfully¿ tries to evade regulation 

of motor carriers under this chapter, chapter 51, subchapter III of 

chapter 311 (except sections 31138 and 31139) or section 31302, 

31303, 31304, 31305(b), 31310(g)(1)(A), or 31502 of this title, or a 

regulation issued under any of those provisions, shall be fined at 

least ø$200 but not more than $500¿ $2,000 but not more than 

$5,000 for the first violation and at least ø$250 but not more than 

$2,000¿ $2,500 but not more than $7,500 for a subsequent violation. 

§ 525. Disobedience to øsubpenas¿ subpoenas 

A motor carrier, motor carrier of migrant workers, or motor private carrier not obeying a øsubpena¿ subpoena or requirement of 

the Secretary of Transportation under this chapter to appear and 

testify or produce records shall be fined at least ø$100¿ $1,000 but 

not more than ø$5,000¿ $10,000, imprisoned for not more than one 

year, or both. The Secretary may withhold, suspend, amend, or revoke any part of the registration of a person required to register 

under chapter 139 for failing to obey a subpoena or requirement of 

the Secretary under this chapter to appear and testify or produce 

records. 

SUBTITLE III. GENERAL AND INTERMODAL PROGRAMS

CHAPTER 51. TRANSPORTATION OF HAZARDOUS MATERIAL

§ 5121. Administrative 

(a) GENERAL AUTHORITY.—To carry out this chapter, the Secretary may investigate, conduct tests, make reports, issue subpenas, conduct hearings, require the production of records and 

property, take depositions, and conduct research, development, 

demonstration, and training activities. Except as provided in subsections (c) and (d), after notice and an opportunity for a hearing, 

the Secretary may issue an order requiring compliance with this 

chapter or a regulation prescribed, or an order, special permit, or 

approval issued, under this chapter. 

(b) RECORDS, REPORTS, AND INFORMATION.—A person subject to 

this chapter shall— 

(1) maintain records and property, make reports, and provide 

information the Secretary by regulation or order requires; and 

(2) make the records, property, reports, and information 

available for inspection when the Secretary undertakes an investigation or makes a request. 


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(c) INSPECTIONS AND INVESTIGATIONS.— 

(1) IN GENERAL.—A designated officer, employee, or agent of 

the Secretary— 

(A) may inspect and investigate, at a reasonable time 

and in a reasonable manner, records and property relating 

to a function described in section 5103(b)(1); 

(B) except in the case of packaging immediately adjacent 

to its hazardous material contents, may gain access to, 

open, and examine a package offered for, or in, transportation when the officer, employee, or agent has an objectively reasonable and articulable belief that the package 

may contain a hazardous material; 

(C) may remove from transportation a package or related packages in a shipment offered for or in transportation for which— 

(i) such officer, employee, or agent has an objectively 

reasonable and articulable belief that the package may 

pose an imminent hazard; and 

(ii) such officer, employee, or agent contemporaneously documents such belief in accordance with procedures set forth in guidance or regulations prescribed 

under subsection (e); 

(D) may gather information from the offeror, carrier, 

packaging manufacturer or tester, or other person responsible for the package, to ascertain the nature and hazards 

of the contents of the package; 

(E) as necessary, under terms and conditions specified 

by the Secretary, may order the offeror, carrier, packaging 

manufacturer or tester, or other person responsible for the 

package to have the package transported to, opened, and 

the contents examined and analyzed, at a facility appropriate for the conduct of such examination and analysis; 

and 

(F) when safety might otherwise be compromised, may 

authorize properly qualified personnel to assist in the activities conducted under this subsection. 

(2) DISPLAY OF CREDENTIALS.—An officer, employee, or agent 

acting under this subsection shall display proper credentials, 

in person or in writing, when requested. 

(3) SAFE RESUMPTION OF TRANSPORTATION.—In instances 

when, as a result of an inspection or investigation under this 

subsection, an imminent hazard is not found to exist, the Secretary, in accordance with procedures set forth in regulations 

prescribed under subsection (e), shall assist— 

(A) in the safe and prompt resumption of transportation 

of the package concerned; or 

(B) in any case in which the hazardous material being 

transported is perishable, in the safe and expeditious resumption of transportation of the perishable hazardous 

material. 

* * * * * * * 


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CHAPTER 55. INTERMODAL TRANSPORTATION

SUBCHAPTER III. FINANCIAL ASSISTANCE

§ 5581. National freight infrastructure investment grants. 

(a) ESTABLISHMENT OF PROGRAM.—The Secretary of Transportation shall establish a competitive grant program to provide financial assistance for capital investments that improve the efficiency of 

the national transportation system to move freight. 

(b) ELIGIBLE PROJECTS.—An applicant is eligible for a grant 

under this section for— 

(1) a port development or improvement project; 

(2) a multimodal terminal facility project; 

(3) a land port of entry project; 

(4) a freight rail improvement or capacity expansion project; 

(5) an intelligent transportation system project primarily for 

freight benefit that reduces congestion or improves safety; 

(6) a project that improves access to a port or terminal facility; 

(7) a highway project to reduce congestion or improve safety; 

or 

(8) planning, preparation, or design of any project described 

in paragraph (1), (2), (3), (4), (5), (6), or (7). 

(c) PROJECT SELECTION CRITERIA.—In determining whether to 

award a grant to an eligible applicant under this section, the Secretary shall consider the extent to which the project— 

(1) supports the objectives of the National Surface Transportation and Freight Performance Plan developed under section 

304; 

(2) leverages Federal investment by encouraging non-Federal 

contributions to the project, including contributions from public-private partnerships; 

(3) improves the mobility of goods and commodities; 

(4) incorporates new and innovative technologies, including 

freight-related intelligent transportation systems; 

(5) improves energy efficiency or reduces greenhouse gas emissions; 

(6) helps maintain or protect the environment, including reducing air and water pollution; 

(7) reduces congestion; 

(8) improves the condition of the freight infrastructure, including bringing it into a state of good repair; 

(9) improves safety, including reducing transportation accidents, injuries, and fatalities; 

(10) demonstrates that the proposed project cannot be readily 

and efficiently realized without Federal support and participation; and 

(11) enhances national or regional economic development, 

growth, and competitiveness. 

(d) PRIORITY.—The Secretary shall give priority to projects that 

have the highest system performance improvement relative to their 

benefit-cost analysis, as measured by the tools developed under section 1204 of the Surface Transportation and Freight Policy Act of 

2011 and those that support domestic manufacturing of goods. 


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(e) LETTERS OF INTENT.— 

(1) IN GENERAL.—The Secretary may issue a letter of intent 

to an applicant announcing an intention to obligate, for a 

major capital project under this section, an amount from future 

available budget authority specified in law that is not more 

than the amount stipulated as the financial participation of the 

Secretary in the project. 

(2) WRITTEN NOTICE.—Not later than 30 days before issuing 

a letter under paragraph (1), the Secretary shall provide written 

notice of the proposed letter or agreement to the Committee on 

Commerce, Science, and Transportation of the Senate and the 

Committee on Transportation and Infrastructure of the House 

of Representatives. The Secretary shall include with the notification a copy of the proposed letter or agreement, the criteria 

used under subsection (c) for selecting the project for a grant 

award, and a description of how the project meets such criteria. 

(3) SUBJECT TO AVAILABILITY OF FUNDS.—An obligation or 

administrative commitment may be made only when amounts 

are made available. Each letter of intent shall state that the 

contingent commitment is not an obligation of the Federal Government, and is subject to the availability of funds under Federal law and to Federal laws in force or enacted after the date 

of the contingent commitment. 

(f) FEDERAL SHARE OF NET PROJECT COST.— 

(1) IN GENERAL.—Based on engineering studies, studies of 

economic feasibility, and information on the expected use of 

equipment or facilities, the Secretary shall estimate the net 

project cost. 

(2) FEDERAL SHARE.—The Federal share of a grant for the 

project shall not exceed 80 percent of the project net capital cost. 

(3) PRIORITY.—The Secretary shall give priority in allocating 

future obligations and contingent commitments to incur obligations to grant requests seeking a lower Federal share of the 

project net capital cost. 

(g) COOPERATIVE AGREEMENTS.— 

(1) IN GENERAL.—An applicant may enter into an agreement 

with any public, private, or nonprofit entity to cooperatively implement any project funded with a grant under this subchapter. 

(2) FORMS OF PARTICIPATION.—Participation by an entity 

under paragraph (1) may consist of— 

(A) ownership or operation of any land, facility, vehicle, 

or other physical asset associated with the project; 

(B) cost-sharing of any project expense or non-Federal 

share of the project cost, including in kind contributions; 

(C) carrying out administration, construction management, project management, project operation, or any other 

management or operational duty associated with the 

project; and 

(D) any other form of participation approved by the Secretary. 

(h) OVERSIGHT PROGRAM.— 

(1) ESTABLISHMENT.— 


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(A) IN GENERAL.—The Secretary shall establish an oversight program to monitor the effective and efficient use of 

funds authorized to carry out this section. 

(B) MINIMUM REQUIREMENT.—At a minimum, the oversight program shall be responsive to all areas relating to financial integrity and project delivery. 

(2) FINANCIAL INTEGRITY.— 

(A) FINANCIAL MANAGEMENT SYSTEMS.—The Secretary 

shall perform annual reviews that address elements of the 

applicant’s financial management systems that affect 

projects approved under subsection (a). 

(B) PROJECT COSTS.—The Secretary shall develop minimum standards for estimating project costs and shall periodically evaluate the practices of applicants for estimating 

project costs, awarding contracts, and reducing project 

costs. 

(3) PROJECT DELIVERY.—The Secretary shall perform annual 

reviews that address elements of the project delivery system of 

an applicant, which elements include 1 or more activities that 

are involved in the life cycle of a project from conception to completion of the project. 

(4) RESPONSIBILITY OF THE APPLICANTS.— 

(A) IN GENERAL.—Each applicant shall submit to the 

Secretary for approval such plans, specifications, and estimates for each proposed project as the Secretary may require. 

(B) APPLICANT SUBRECIPIENTS.—The applicant shall be 

responsible for determining that a subrecipient of Federal 

funds under this section— 

(i) has adequate project delivery systems for projects 

approved under this section; and 

(ii) has sufficient accounting controls to properly 

manage such Federal funds. 

(C) PERIODIC REVIEW.—The Secretary shall periodically 

review the monitoring of subrecipients by the applicant. 

(5) SPECIFIC OVERSIGHT RESPONSIBILITIES.—Nothing in this 

section shall affect or discharge any oversight responsibility of 

the Secretary specifically provided for under this title or other 

Federal law. 

(i) MAJOR PROJECTS.— 

(1) IN GENERAL.—A recipient of a grant for a project under 

this section with an estimated total cost of $500,000,000 or 

more, and a recipient for such other projects as may be identified by the Secretary, shall submit to the Secretary for each 

project— 

(A) a project management plan; and 

(B) an annual financial plan. 

(2) PROJECT MANAGEMENT PLAN.—A project management 

plan shall document— 

(A) the procedures and processes that are in effect to provide timely information to the project decisionmakers to effectively manage the scope, costs, schedules, and quality of, 

and the Federal requirements applicable to, the project; and 


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(B) the role of the agency leadership and management 

team in the delivery of the project. 

(3) FINANCIAL PLAN.—A financial plan shall— 

(A) be based on detailed estimates of the cost to complete 

the project; and 

(B) provide for the annual submission of updates to the 

Secretary that are based on reasonable assumptions, as determined by the Secretary, of future increases in the cost to 

complete the project. 

(j) OTHER PROJECTS.—A recipient of Federal financial assistance 

for a project under this title with an estimated total cost of 

$100,000,000 or more that is not covered by subsection (i) shall prepare an annual financial plan. Annual financial plans prepared 

under this subsection shall be made available to the Secretary for 

review upon the request of the Secretary. 

(k) OTHER TERMS AND CONDITIONS.—The Secretary shall determine what additional grant terms and conditions are necessary and 

appropriate to meet the requirements of this section. 

(l) REGULATIONS.—Not later than 1 year after the date of enactment of the Surface Transportation and Freight Policy Act of 2011, 

the Secretary shall prescribe regulations to implement this section. 

(m) APPLICANT DEFINED.—In this subchapter, the term ‘‘applicant’’ includes a State, a political subdivision of a State, a metropolitan planning organization, government-sponsored authorities 

and corporations, and the District of Columbia. 

(n) SECRETARIAL OVERSIGHT.— 

(1) IN GENERAL.—The Secretary may use not more than 1 percent of amounts made available in a fiscal year for capital 

projects under this subchapter to enter into contracts to oversee 

the construction of such projects. 

(2) PERMISSIBLE USES.—The Secretary may use amounts 

available under paragraph (1) to make contracts for safety, procurement, management, and financial compliance reviews and 

audits of a recipient of amounts under paragraph (1). 

(3) COST.—The Federal Government shall pay the entire cost 

of carrying out a contract under this subsection. 

SUBTITLE IV. INTERSTATE TRANSPORTATION

PART A. RAIL

CHAPTER 109. LICENSING

§ 10903. Filing and procedure for application to abandon or 

discontinue 

(a) (1) A rail carrier providing transportation subject to the jurisdiction of the Board under this part who intends to— 

(A) abandon any part of its railroad lines; or 

(B) discontinue the operation of all rail transportation 

over any part of its railroad lines, must file an application 

relating thereto with the Board. An abandonment or discontinuance may be carried out only as authorized under 

this chapter. 


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(2) When a rail carrier providing transportation subject to 

the jurisdiction of the Board under this part files an application, the application shall include— 

(A) an accurate and understandable summary of the rail 

carrier’s reasons for the proposed abandonment or discontinuance; 

(B) a statement indicating that each interested person is 

entitled to make recommendations to the Board on the future of the rail line; and 

(C) (i) a statement that the line is available for subsidy 

or sale in accordance with section 10904 of this title, (ii) 

a statement that the rail carrier will promptly provide to 

each interested party an estimate of the annual subsidy 

and minimum purchase price, calculated in accordance 

with section 10904 of this title, and (iii) the name and 

business address of the person who is authorized to discuss the subsidy or sale terms for the rail carrier. 

(3) The rail carrier shall— 

(A) send by certified mail notice of the application to the 

chief executive officer of each State that would be directly 

affected by the proposed abandonment or discontinuance; 

(B) post a copy of the notice in each terminal and station 

on each portion of a railroad line proposed to be abandoned 

or over which all transportation is to be discontinued; 

(C) publish a copy of the notice for 3 consecutive weeks 

in a newspaper of general circulation in each county in 

which each such portion is located; 

(D) mail a copy of the notice, to the extent practicable, 

to all shippers that have made significant use (as designated by the Board) of the railroad line during the 12 

months preceding the filing of the application; and 

(E) attach to the application filed with the Board an affidavit certifying the manner in which subparagraphs (A) 

through (D) of this paragraph have been satisfied, and certifying that subparagraphs (A) through (D) have been satisfied within the most recent 30 days prior to the date the 

application is filed. 

(b) (1) Except as provided in subsection (d), abandonment and 

discontinuance may occur as provided in section 10904. 

(2) The Board shall require as a condition of any abandonment or discontinuance under this section provisions to protect 

the interests of employees. The provisions shall be at least as 

beneficial to those interests as the provisions established under 

sections 11326(a) and ø24706(c) of this title¿ 24706(c) of this 

title before May 31, 1998. 

* * * * * * * 


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PART B. MOTOR CARRIERS, WATER CARRIERS, BROKERS, AND FREIGHT

FORWARDERS

CHAPTER 135. JURISDICTION

SUBCHAPTER I. MOTOR CARRIER TRANSPORTATION

§ 13506. Miscellaneous motor carrier transportation exemptions 

(a) IN GENERAL.—Neither the Secretary nor the Board has jurisdiction under this part over— 

(1) a motor vehicle transporting only school children and 

teachers to or from school; 

(2) a motor vehicle providing taxicab service; 

(3) a motor vehicle owned or operated by or for a hotel and 

only transporting hotel patrons between the hotel and the local 

station of a carrier; 

(4) a motor vehicle controlled and operated by a farmer and 

transporting— 

(A) the farmer’s agricultural or horticultural commodities and products; or 

(B) supplies to the farm of the farmer; 

(5) a motor vehicle controlled and operated by a cooperative 

association (as defined by section 15(a) of the Agricultural Marketing Act (12 U.S.C. 1141j(a))) or by a federation of cooperative associations if the federation has no greater power or purposes than a cooperative association, except that if the cooperative association or federation provides transportation for compensation between a place in a State and a place in another 

State, or between a place in a State and another place in the 

same State through another State— 

(A) for a nonmember that is not a farmer, cooperative 

association, federation, or the United States Government, 

the transportation (except for transportation otherwise exempt under this subchapter)— 

(i) shall be limited to transportation incidental to 

the primary transportation operation of the cooperative association or federation and necessary for its effective performance; and 

(ii) may not exceed in each fiscal year 25 percent of 

the total transportation of the cooperative association 

or federation between those places, measured by tonnage; and 

(B) the transportation for all nonmembers may not exceed in each fiscal year, measured by tonnage, the total 

transportation between those places for the cooperative association or federation and its members during that fiscal 

year; 

(6) transportation by motor vehicle of— 

(A) ordinary livestock; 

(B) agricultural or horticultural commodities (other than 

manufactured products thereof); 

(C) commodities listed as exempt in the Commodity List 

incorporated in ruling numbered 107, March 19, 1958, Bureau of Motor Carriers, Interstate Commerce Commission, 


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other than frozen fruits, frozen berries, frozen vegetables, 

cocoa beans, coffee beans, tea, bananas, or hemp, or wool 

imported from a foreign country, wool tops and noils, or 

wool waste (carded, spun, woven, or knitted); 

(D) cooked or uncooked fish, whether breaded or not, or 

frozen or fresh shellfish, or byproducts thereof not intended for human consumption, other than fish or shellfish 

that have been treated for preserving, such as canned, 

smoked, pickled, spiced, corned, or kippered products; and 

(E) livestock and poultry feed and agricultural seeds and 

plants, if such products (excluding products otherwise exempt under this paragraph) are transported to a site of agricultural production or to a business enterprise engaged 

in the sale to agricultural producers of goods used in agricultural production; 

(7) a motor vehicle used only to distribute newspapers; 

(8) (A) transportation of passengers by motor vehicle incidental to transportation by aircraft; 

(B) transportation of property (including baggage) by 

motor vehicle as part of a continuous movement which, 

prior or subsequent to such part of the continuous movement, has been or will be transported by an air carrier or 

(to the extent so agreed by the United States and approved 

by the Secretary) by a foreign air carrier; or 

(C) transportation of property by motor vehicle in lieu of 

transportation by aircraft because of adverse weather conditions or mechanical failure of the aircraft or other causes 

due to circumstances beyond the control of the carrier or 

shipper; 

(9) the operation of a motor vehicle in a national park or national monument; 

(10) a motor vehicle carrying not more than 15 individuals 

in a single, daily roundtrip to commute to and from work; 

(11) transportation of used pallets and used empty shipping 

containers (including intermodal cargo containers), and other 

used shipping devices (other than containers or devices used in 

the transportation of motor vehicles or parts of motor vehicles); 

(12) transportation of natural, crushed, vesicular rock to be 

used for decorative purposes; 

(13) transportation of wood chips; or 

ø(14) brokers for motor carriers of passengers, except as provided in section 13904(d); or¿ 

ø(15)¿ (14) transportation of broken, crushed, or powdered 

glass. 

* * * * * * * 

CHAPTER 139. REGISTRATION

§ 13902. Registration of motor carriers 

(a) MOTOR CARRIER GENERALLY.— 

ø(1) IN GENERAL.—Except as provided in this section, the 

Secretary shall register a person to provide transportation subject to jurisdiction under subchapter I of chapter 135 of this 


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title as a motor carrier if the Secretary finds that the person 

is willing and able to comply with— 

ø(A) this part and the applicable regulations of the Secretary and the Board; 

ø(B) 

ø(i) any safety regulations imposed by the Secretary; 

ø(ii) the duties of employers and employees established by the Secretary under section 31135; and 

ø(iii) the safety fitness requirements established by 

the Secretary under section 31144; 

ø(C) the accessibility requirements established by the 

Secretary under subpart H of part 37 of title 49, Code of 

Federal Regulations, or such successor regulations to those 

accessibility requirements as the Secretary may issue, for 

transportation provided by an over-the-road bus; and 

ø(D) the minimum financial responsibility requirements 

established by the Secretary pursuant to sections 13906 

and 31138.¿ 

(1) IN GENERAL.—Except as otherwise provided in this section, the Secretary of Transportation may not register a person 

to provide transportation subject to jurisdiction under subchapter I of chapter 135 as a motor carrier unless the Secretary 

determines that the person— 

(A) is willing and able to comply with— 

(i) this part and the applicable regulations of the 

Secretary and the Board; 

(ii) any safety regulations imposed by the Secretary; 

(iii) the duties of employers and employees established by the Secretary under section 31135; 

(iv) the safety fitness requirements established by the 

Secretary under section 31144; 

(v) the accessibility requirements established by the 

Secretary under subpart H of part 37 of title 49, Code 

of Federal Regulations (or successor regulations), for 

transportation provided by an over-the-road bus; and 

(vi) the minimum financial responsibility requirements established by the Secretary under sections 

13906, 31138, and 31139; 

(B) has submitted a comprehensive management plan 

documenting that the person has management systems in 

place to ensure compliance with safety regulations imposed 

by the Secretary; 

(C) has disclosed any relationship involving common 

ownership, common management, common control, or common familial relationship between that person and any 

other motor carrier, freight forwarder, or broker, or any 

other applicant for motor carrier, freight forwarder, or 

broker registration, or a successor (as that term is defined 

under section 31153), if the relationship occurred in the 5- 

year period preceding the date of the filing of the application for registration; and 

(D) after the Secretary establishes a written proficiency 

examination pursuant to section 101(b) of the Commercial 


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1 The amendments to paragraph (2) take effect 2 years after the date of enactment of the 

Commercial Motor Vehicle Safety Enhancement Act of 2011. 

Motor Vehicle Safety Enhancement Act of 2011, has passed 

the written proficiency examination. 

(2) ADDITIONAL REGISTRATION REQUIREMENTS FOR HOUSEHOLD GOODS MOTOR CARRIERS.—In addition to meeting the requirements of paragraph (1), the Secretary may register a person to provide transportation of household goods as a household goods motor carrier only after that person— 

(A) provides evidence of participation in an arbitration 

program and provides a copy of the notice of the arbitration program as required by section 14708(b)(2); 

(B) identifies its tariff and provides a copy of the notice 

of the availability of that tariff for inspection as required 

by øsection 13702(c);¿ section 13702(c); and 

ø(C) provides evidence that it has access to, has read, is 

familiar with, and will observe all applicable Federal laws 

relating to consumer protection, estimating, consumers’ 

rights and responsibilities, and options for limitations of liability for loss and damage; and¿ 

(C) demonstrates, before being registered, through successful completion of a proficiency examination established 

by the Secretary, knowledge and intent to comply with applicable Federal laws relating to consumer protection, estimating, consumers’ rights and responsibilities, and options 

for limitations of liability for loss and damage. 

ø(D) discloses any relationship involving common stock, 

common ownership, common management, or common familial relationships between that person and any other 

motor carrier, freight forwarder, or broker of household 

goods within 3 years of the proposed date of registration.¿1

(3) CONSIDERATION OF EVIDENCE; FINDINGS.—The Secretary 

shall consider, and to the extent applicable, make findings on 

any evidence demonstrating that the registrant is unable to 

comply with any applicable requirement of paragraph (1) or, in 

the case of a registrant to which paragraph (2) applies, paragraph (1) or (2). 

(4) WITHHOLDING.—If the Secretary determines that a registrant under this section does not meet, or is not able to meet, 

any requirement of paragraph (1) or, in the case of a registrant 

to which paragraph (2) applies, paragraph (1) or (2), the Secretary shall withhold registration. 

(5) LIMITATION ON COMPLAINTS.—The Secretary may hear a 

complaint from any person concerning a registration under this 

subsection only on the ground that the registrant fails or will 

fail to comply with this part, the applicable regulations of the 

Secretary and the Board (including the accessibility requirements established by the Secretary under subpart H of part 37 

of title 49, Code of Federal Regulations, or such successor regulations to those accessibility requirements as the Secretary 

may issue, for transportation provided by an over-the-road 

bus), the safety regulations of the Secretary, or the safety fitness or minimum financial responsibility requirements of paraVerDate Mar 15 2010 23:11 Nov 14, 2012 Jkt 029010 PO 00000 Frm 00072 Fmt 6604 Sfmt 6602 E:\HR\OC\SR238.XXX SR238

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graph (1) of this subsection. In the case of a registration for the 

transportation of household goods as a household goods motor 

carrier, the Secretary may also hear a complaint on the ground 

that the registrant fails or will fail to comply with the requirements of paragraph (2) of this subsection. 

(b) MOTOR CARRIERS OF PASSENGERS.— (1) ADDITIONAL REGISTRATION REQUIREMENTS FOR PROVIDERS

OR MOTORCOACH SERVICES.—In addition to meeting the requirements under subsection (a)(1), the Secretary may not register a 

person to provide motorcoach services until after the person— 

(A) undergoes a preauthorization safety audit, including 

verification, in a manner sufficient to demonstrate the ability to comply with Federal rules and regulations, of— 

(i) a drug and alcohol testing program under part 40 

of title 49, Code of Federal Regulations; 

(ii) the carrier’s system of compliance with hours-ofservice rules, including hours-of-service records; 

(iii) the ability to obtain required insurance; 

(iv) driver qualifications, including the validity of 

the commercial driver’s license of each driver who will 

be operating under such authority; 

(v) disclosure of common ownership, common control, 

common management, common familial relationship, 

or other corporate relationship with another motor carrier or applicant for motor carrier authority during the 

past 3 years; 

(vi) records of the State inspections, or of a Level I 

or V Commercial Vehicle Safety Alliance Inspection, for 

all vehicles that will be operated by the carrier; 

(vii) safety management programs, including vehicle 

maintenance and repair programs; and 

(viii) the ability to comply with the Americans with 

Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), and 

the Over-the-Road Bus Transportation Accessibility Act 

of 2007 (122 Stat. 2915); 

(B) has been interviewed to review safety management 

controls and the carrier’s written safety oversight policies 

and practices; and 

(C) through the successful completion of a written examination developed by the Secretary, has demonstrated proficiency to comply with and carry out the requirements and 

regulations described in subsection (a)(1). 

(2) PRE-AUTHORIZATION SAFETY AUDIT.—The pre-authorization safety audit required under paragraph (1)(A) shall be completed on-site not later than 90 days following the submission 

of an application for operating authority. 

(3) FEE.—The Secretary may establish, under section 9701 of 

title 31, a fee of not more than $1,200 for new registrants that 

as nearly as possible covers the costs of performing a 

preauthorization safety audit. Amounts collected under this 

subsection shall be deposited in the Highway Trust Fund (other 

than the Mass Transit Account). 

ø(1)¿ (4) REGISTRATION OF PRIVATE RECIPIENTS OF GOVERN- MENTAL ASSISTANCE.—The Secretary shall register under subVerDate Mar 15 2010 23:11 Nov 14, 2012 Jkt 029010 PO 00000 Frm 00073 Fmt 6604 Sfmt 6602 E:\HR\OC\SR238.XXX SR238

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section (a)(1) a private recipient of governmental assistance to 

provide special or charter transportation subject to jurisdiction 

under subchapter I of chapter 135 as a motor carrier of passengers if the Secretary finds that the recipient meets the requirements of subsection (a)(1), unless the Secretary finds, on 

the basis of evidence presented by any person objecting to the 

registration, that the transportation to be provided pursuant to 

the registration is not in the public interest. 

ø(2)¿ (5) REGISTRATION OF PUBLIC RECIPIENTS OF GOVERN- MENTAL ASSISTANCE.— (A) CHARTER TRANSPORTATION.—The Secretary shall register under subsection (a)(1) a public recipient of governmental assistance to provide special or charter transportation subject to jurisdiction under subchapter I of chapter 

135 as a motor carrier of passengers if the Secretary finds 

that— 

(i) the recipient meets the requirements of subsection (a)(1); and 

(ii) (I) no motor carrier of passengers (other than a 

motor carrier of passengers which is a public recipient 

of governmental assistance) is providing, or is willing 

to provide, the transportation; or 

(II) the transportation is to be provided entirely 

in the area in which the public recipient provides 

regularly scheduled mass transportation services. 

(B) REGULAR-ROUTE TRANSPORTATION.—The Secretary 

shall register under subsection (a)(1) a public recipient of 

governmental assistance to provide regular-route transportation subject to jurisdiction under subchapter I of chapter 

135 as a motor carrier of passengers if the Secretary finds 

that the recipient meets the requirements of subsection 

(a)(1), unless the Secretary finds, on the basis of evidence 

presented by any person objecting to the registration, that 

the transportation to be provided pursuant to the registration is not in the public interest. 

(C) TREATMENT OF CERTAIN PUBLIC RECIPIENTS.—Any 

public recipient of governmental assistance which is providing or seeking to provide transportation of passengers 

subject to jurisdiction under subchapter I of chapter 135 

shall, for purposes of this part, be treated as a person 

which is providing or seeking to provide transportation of 

passengers subject to such jurisdiction. 

ø(3)¿ (6) INTRASTATE TRANSPORTATION BY INTERSTATE CARRIERS.—A motor carrier of passengers that is registered by the 

Secretary under subsection (a) is authorized to provide regularroute transportation entirely in one State as a motor carrier of 

passengers if such intrastate transportation is to be provided 

on a route over which the carrier provides interstate transportation of passengers. 

ø(4)¿ (7) PREEMPTION OF STATE REGULATION REGARDING CER- TAIN SERVICE.—No State or political subdivision thereof and no 

interstate agency or other political agency of 2 or more States 

shall enact or enforce any law, rule, regulation, standard or 

other provision having the force and effect of law relating to 


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2 The amendments to subsection (b) take effect 1 year after the date of enactment of the Commercial Motor Vehicle Safety Enhancement Act of 2011. 

the provision of pickup and delivery of express packages, newspapers, or mail in a commercial zone if the shipment has had 

or will have a prior or subsequent movement by bus in intrastate commerce and, if a city within the commercial zone, is 

served by a motor carrier of passengers providing regular-route 

transportation of passengers subject to jurisdiction under subchapter I of chapter 135. 

ø(5)¿ (8) JURISDICTION OVER CERTAIN INTRASTATE TRANSPORTATION.—Subject to section 14501(a), any intrastate transportation authorized by this subsection shall be treated as transportation subject to jurisdiction under subchapter I of chapter 

135 until such time as the carrier takes such action as is necessary to establish under the laws of such State rates, rules, 

and practices applicable to such transportation, but in no case 

later than the 30th day following the date on which the motor 

carrier of passengers first begins providing transportation entirely in one State under this paragraph. 

ø(6)¿ (9) SPECIAL OPERATIONS.—This subsection shall not 

apply to any regular-route transportation of passengers provided entirely in one State which is in the nature of a special 

operation. 

ø(7)¿ (10) SUSPENSION OR REVOCATION.—Intrastate transportation authorized under this subsection may be suspended or 

revoked by the Secretary under section 13905 of this title at 

any time. 

ø(8)¿ (11) DEFINITIONS.—In this subsection, the following 

definitions apply: 

(A) PUBLIC RECIPIENT OF GOVERNMENTAL ASSISTANCE.— 

The term ‘‘public recipient of governmental assistance’’ 

means— 

(i) any State, 

(ii) any municipality or other political subdivision of 

a State, 

(iii) any public agency or instrumentality of one or 

more States and municipalities and political subdivisions of a State, 

(iv) any Indian tribe, and 

(v) any corporation, board, or other person owned or 

controlled by any entity described in clause (i), (ii), 

(iii), or (iv), 

which before, on, or after January 1, 1996, received governmental assistance for the purchase or operation of any 

bus. 

(B) PRIVATE RECIPIENT OF GOVERNMENT ASSISTANCE.— 

The term ‘‘private recipient of government assistance’’ 

means any person (other than a person described in subparagraph (A)) who before, on, or after January 1, 1996, 

received governmental financial assistance in the form of 

a subsidy for the purchase, lease, or operation of any bus.2


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(c) RESTRICTIONS ON MOTOR CARRIERS COMICILED IN OR OWNED

OR CONTROLLED BY NATIONALS OF A CONTIGUOUS FOREIGN COUN- TRY.— (1) PREVENTION OF DISCRIMINATORY PRACTICES.—If the President, or the delegate thereof, determines that an act, policy, or 

practice of a foreign country contiguous to the United States, 

or any political subdivision or any instrumentality of any such 

country is unreasonable or discriminatory and burdens or restricts United States transportation companies providing, or 

seeking to provide, motor carrier transportation to, from, or 

within such foreign country, the President or such delegate 

may— 

(A) seek elimination of such practices through consultations; or 

(B) notwithstanding any other provision of law, suspend, 

modify, amend, condition, or restrict operations, including 

geographical restriction of operations, in the United States 

by motor carriers of property or passengers domiciled in 

such foreign country or owned or controlled by persons of 

such foreign country. 

(2) EQUALIZATION OF TREATMENT.—Any action taken under 

paragraph (1)(A) to eliminate an act, policy, or practice shall 

be so devised so as to equal to the extent possible the burdens 

or restrictions imposed by such foreign country on United 

States transportation companies. 

(3) REMOVAL OR MODIFICATION.—The President, or the delegate thereof, may remove or modify in whole or in part any action taken under paragraph (1)(A) if the President or such delegate determines that such removal or modification is consistent with the obligations of the United States under a trade 

agreement or with United States transportation policy. 

(4) PROTECTION OF EXISTING OPERATIONS.—Unless and until 

the President, or the delegate thereof, makes a determination 

under paragraph (1) or (3), nothing in this subsection shall affect— 

(A) operations of motor carriers of property or passengers domiciled in any contiguous foreign country or 

owned or controlled by persons of any contiguous foreign 

country permitted in the commercial zones along the 

United States-Mexico border as such zones were defined on 

December 31, 1995; or 

(B) any existing restrictions on operations of motor carriers of property or passengers domiciled in any contiguous 

foreign country or owned or controlled by persons of any 

contiguous foreign country or any modifications thereof 

pursuant to section 6 of the Bus Regulatory Reform Act of 

1982. 

(5) PUBLICATION; COMMENT.—Unless the President, or the 

delegate thereof, determines that expeditious action is required, the President shall publish in the Federal Register any 

determination under paragraph (1) or (3), together with a description of the facts on which such a determination is based 

and any proposed action to be taken pursuant to paragraph 

(1)(B) or (3), and provide an opportunity for public comment. 


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(6) DELEGATION TO SECRETARY.—The President may delegate 

any or all authority under this subsection to the Secretary, 

who shall consult with other agencies as appropriate. In accordance with the directions of the President, the Secretary 

may issue regulations to enforce this subsection. 

(7) CIVIL ACTIONS.—Either the Secretary or the Attorney 

General may bring a civil action in an appropriate district 

court of the United States to enforce this subsection or a regulation prescribed or order issued under this subsection. The 

court may award appropriate relief, including injunctive relief. 

(8) LIMITATION ON STATUTORY CONSTRUCTION.—This subsection shall not be construed as affecting the requirement for 

all foreign motor carriers and foreign motor private carriers operating in the United States to comply with all applicable laws 

and regulations pertaining to fitness, safety of operations, financial responsibility, and taxes imposed by section 4481 of 

the Internal Revenue Code of 1986. 

(d) TRANSITION RULE.— (1) IN GENERAL.—Pending the implementation of the rulemaking required by section 13908, the Secretary may register 

a person under this section— 

(A) as a motor common carrier if such person would 

have been issued a certificate to provide transportation as 

a motor common carrier under this subtitle on December 

31, 1995; and 

(B) as a motor contract carrier if such person would have 

been issued a permit to provide transportation as a motor 

contract carrier under this subtitle on such day. 

(2) DEFINITIONS.—In this subsection, the terms ‘‘motor common carrier’’ and ‘‘motor contract carrier’’ have the meaning 

such terms had under section 10102 as such section was in effect on December 31, 1995. 

(3) TERMINATION.—This subsection shall cease to be in effect 

on the transition termination date. 

(e) PENALTIES FOR FAILURE TO COMPLY WITH REGISTRATION RE- QUIREMENTS.—In addition to other penalties available under law, 

motor carriers that fail to register their operations as required by 

this section or that operate beyond the scope of their registrations 

may be subject to the following penalties: 

(1) OUT-OF-SERVICE ORDERS.—If, upon inspection or investigation, the Secretary determines that a ømotor vehicle¿ 

motor carrier providing transportation requiring registration 

under this section is operating without a registration or beyond 

the scope of its registration, the Secretary may øorder the vehicle¿ order the motor carrier operations out-of-service. Subsequent to the issuance of the out-of-service order, the Secretary 

shall provide an opportunity for review in accordance with section 554 of title 5, United States Code; except that such review 

shall occur not later than 10 days after issuance of such order. 

(2) PERMISSION FOR OPERATIONS.—A person domiciled in a 

country contiguous to the United States with respect to which 

an action under subsection (c)(1)(A) or (c)(1)(B) is in effect and 

providing transportation for which registration is required 

under this section shall maintain evidence of such registration 


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in the motor vehicle when the person is providing the transportation. The Secretary shall not permit the operation in interstate commerce in the United States of any motor vehicle in 

which there is not a copy of the registration issued pursuant 

to this section. 

(f) MODIFICATION OF CARRIER REGISTRATION.— 

(1) IN GENERAL.—On and after the transition termination 

date, the Secretary— 

(A) may not register a motor carrier under this section 

as a motor common carrier or a motor contract carrier; 

(B) shall register applicants under this section as motor 

carriers; and 

(C) shall issue any motor carrier registered under this 

section after that date a motor carrier certificate of registration that specifies whether the holder of the certificate 

may provide transportation of persons, household goods, 

other property, or any combination thereof. 

(2) PRE-EXISTING CERTIFICATES AND PERMITS.—The Secretary 

shall redesignate any motor carrier certificate or permit issued 

before the transition termination date as a motor carrier certificate of registration. On and after the transition termination 

date, any person holding a motor carrier certificate of registration redesignated under this paragraph may provide both contract carriage (as defined in section 13102(4)(B)) and transportation under terms and conditions meeting the requirements of 

section 13710(a)(1). The Secretary may not, pursuant to any 

regulation or form issued before or after the transition termination date, make any distinction among holders of motor carrier certificates of registration on the basis of whether the 

holder would have been classified as a common carrier or as 

a contract carrier under— 

(A) subsection (d) of this section, as that section was in 

effect before the transition termination date; or 

(B) any other provision of this title that was in effect before the transition termination date. 

(3) TRANSITION TERMINATION DATE DEFINED.—In this section, 

the term ‘‘transition termination date’’ means the first day of 

January occurring more than 12 months after the date of enactment of the Unified Carrier Registration Act of 2005. 

(g) MOTOR CARRIER DEFINED.—In this section and sections 13905 

and 13906, the term ‘‘motor carrier’’ includes foreign motor private 

carriers. 

(h) UPDATE OF REGISTRATION.—The Secretary may require a registrant to update its registration under this section periodically or 

not later than 30 days after a change in the registrant’s address, 

other contact information, officers, process agent, or other essential 

information, as determined by the Secretary. 

§ 13903. Registration of freight forwarders 

(a) IN GENERAL.—The Secretary shall register a person to provide service subject to jurisdiction under subchapter III of chapter 

135 as a freight forwarder if the Secretary finds that the person 

is fit, willing, and able to provide the service and to comply with 


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this part and applicable regulations of the Secretary and the 

Board. 

(b) REGISTRATION AS CARRIER REQUIRED.—The freight forwarder 

may provide transportation as the carrier itself only if the freight 

forwarder also has registered to provide transportation as a carrier 

under this chapter. 

(c) UPDATE OF REGISTRATION.—The Secretary may require a 

freight forwarder to update its registration under this section periodically or not later than 30 days after a change in the freight forwarder’s address, other contact information, officers, process agent, 

or other essential information, as determined by the Secretary. 

§ 13904. Registration of brokers 

(a) IN GENERAL.—The Secretary shall register, subject to section 

13906(b), a person to be a broker for transportation øof property¿ 

subject to jurisdiction under subchapter I of chapter 135, if the Secretary finds that the person is fit, willing, and able to be a broker 

for transportation and to comply with this part and applicable regulations of the Secretary. 

(b) REGISTRATION AS CARRIER REQUIRED.— 

(1) IN GENERAL.—The broker may provide the transportation 

itself only if the broker also has been registered to provide the 

transportation as a motor carrier under this chapter. 

(2) LIMITATION.—This subsection does not apply to a motor 

carrier registered under this chapter or to an employee or 

agent of the motor carrier to the extent the transportation is 

to be provided entirely by the motor carrier, with other registered motor carriers, or with rail or water carriers. 

(c) REGULATIONS TO PROTECT SHIPPERS.—Regulations of the Secretary applicable to brokers registered under this section shall provide for the protection of shippers by motor vehicle. 

(d) BOND AND INSURANCE.—The Secretary may impose on brokers for motor carriers of passengers such requirements for bonds 

or insurance or both as the Secretary determines are needed to protect passengers and carriers dealing with such brokers. 

(e) UPDATE OF REGISTRATION.—The Secretary may require a 

broker to update its registration under this section periodically or 

not later than 30 days after a change in the broker’s address, other 

contact information, officers, process agent, or other essential information, as determined by the Secretary. 

§ 13905. Effective periods of registration 

(a) PERSON HOLDING ICC AUTHORITY.—Any person having authority to provide transportation or service as a motor carrier, 

freight forwarder, or broker under this title, as in effect on December 31, 1995, shall be deemed, for purposes of this part, to be registered to provide such transportation or service under this part. 

(b) PERSON REGISTERED WITH SECRETARY.— 

(1) IN GENERAL.—Except as provided in paragraph (2), any 

person having registered with the Secretary to provide transportation or service as a motor carrier or motor private carrier 

under this title, as in effect on January 1, 2005, but not having 

registered pursuant to section 13902(a), shall be treated, for 


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purposes of this part, to be registered to provide such transportation or service for purposes of sections 13908 and 14504a. 

(2) EXCLUSIVELY INTRASTATE OPERATORS.—Paragraph (1) 

does not apply to a motor carrier or motor private carrier (including a transporter of waste or recyclable materials) engaged 

exclusively in intrastate transportation operations. 

(c) IN GENERAL.—Except as otherwise provided in this part, each 

registration issued under section 13902, 13903, or 13904 shall be 

effective from the date specified by the Secretary and shall remain 

in effect for such period as the Secretary determines appropriate by 

regulation. 

(d) SUSPENSION, AMENDMENTS, AND REVOCATIONS.— ø(1) IN GENERAL.—On application of the registrant, the Secretary may amend or revoke a registration. On complaint or on 

the Secretary’s own initiative and after notice and an opportunity for a proceeding, the Secretary may (A) suspend, amend, 

or revoke any part of the registration of a motor carrier, 

broker, or freight forwarder for willful failure to comply with 

this part, an applicable regulation or order of the Secretary or 

of the Board (including the accessibility requirements established by the Secretary under subpart H of part 37 of title 49, 

Code of Federal Regulations, or such successor regulations to 

those accessibility requirements as the Secretary may issue, for 

transportation provided by an over-the-road bus), or a condition of its registration; and (B) suspend, amend, or revoke any 

part of the registration of a motor carrier, broker, or freight 

forwarder: (i) for failure to pay a civil penalty imposed under 

chapter 5, 51, 149, or 311 of this title; or (ii) for failure to arrange and abide by an acceptable payment plan for such civil 

penalty, within 90 days of the time specified by order of the 

Secretary for the payment of such penalty. Subparagraph (B) 

shall not apply to any person who is unable to pay a civil penalty because such person is a debtor in a case under chapter 

11 of title 11, United States Code.¿ 

(1) APPLICATIONS.—On application of the registrant, the Secretary may amend or revoke a registration. 

(2) COMPLAINTS AND ACTIONS ON SECRETARY’S OWN INITIA- TIVE.—On complaint or on the Secretary’s own initiative and 

after notice and an opportunity for a proceeding, the Secretary 

may— 

(A) suspend, amend, or revoke any part of the registration of a motor carrier, foreign motor carrier, foreign motor 

private carrier, broker, or freight forwarder for willful failure to comply with— 

(i) this part; 

(ii) an applicable regulation or order of the Secretary 

or the Board, including the accessibility requirements 

established by the Secretary under subpart H of part 

37 of title 49, Code of Federal Regulations (or successor 

regulations), for transportation provided by an overthe-road bus; or 

(iii) a condition of its registration; 

(B) withhold, suspend, amend, or revoke any part of the 

registration of a motor carrier, foreign motor carrier, forVerDate Mar 15 2010 23:11 Nov 14, 2012 Jkt 029010 PO 00000 Frm 00080 Fmt 6604 Sfmt 6603 E:\HR\OC\SR238.XXX SR238

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eign motor private carrier, broker, or freight forwarder for 

failure— 

(i) to pay a civil penalty imposed under chapter 5, 

51, 149, or 311; 

(ii) to arrange and abide by an acceptable payment 

plan for such civil penalty, not later than 90 days after 

the date specified by order of the Secretary for the payment of such penalty; or 

(iii) for failure to obey a subpoena issued by the Secretary; 

(C) withhold, suspend, amend, or revoke any part of a 

registration of a motor carrier, foreign motor carrier, foreign motor private carrier, broker, or freight forwarder following a determination by the Secretary that the motor carrier, broker, or freight forwarder failed to disclose, in its 

application for registration, a material fact relevant to its 

willingness and ability to comply with— 

(i) this part; 

(ii) an applicable regulation or order of the Secretary 

or the Board; or 

(iii) a condition of its registration; or 

(D) withhold, suspend, amend, or revoke any part of a 

registration of a motor carrier, foreign motor carrier, foreign motor private carrier, broker, or freight forwarder if 

the Secretary finds that— 

(i) the motor carrier, broker, or freight forwarder is 

or was related through common ownership, common 

management, common control, or common familial relationship to any other motor carrier, broker, or freight 

forwarder, or any other applicant for motor carrier, 

broker, or freight forwarder registration that the Secretary determines is or was unwilling or unable to 

comply with the relevant requirements listed in section 

13902, 13903, or 13904; or 

(ii) the person is the successor, as defined in section 

31153, to a person who is or was unwilling or unable 

to comply with the relevant requirements of section 

13902, 13903, or 13904. 

(3) LIMITATION.—Paragraph (2)(B) shall not apply to a person who is unable to pay a civil penalty because the person is 

a debtor in a case under chapter 11 of title 11. 

ø(2)¿ (4) REGULATIONS.—Not later than 12 months after the 

date of the enactment of this paragraph, the Secretary, after 

notice and opportunity for public comment, shall issue regulations to provide for the suspension, amendment, or revocation 

of a registration under this part for failure to pay a civil penalty as provided in øparagraph (1)(B)¿ paragraph (2)(B). 

(e) PROCEDURE.—Except on application of the registrant, or if the 

Secretary determines that the registrant failed to disclose a material 

fact in an application for registration in accordance with subsection 

(d)(2)(C), the Secretary may revoke a registration of a motor carrier, freight forwarder, or broker, only after— 


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(1) the Secretary has issued an order to the registrant under 

section 14701 requiring compliance with this part, a regulation 

of the Secretary, or a condition of the registration; and 

(2) the registrant willfully does not comply with the order for 

a period of 30 days. 

(f) EXPEDITED PROCEDURE.— 

(1) PROTECTION OF SAFETY.—Notwithstanding subchapter II 

of chapter 5 of title 5, the Secretary— 

(A) may suspend the registration of a motor carrier, a 

freight forwarder, or a broker for failure to comply with requirements of the Secretary pursuant to section 13904(c) 

or 13906 or an order or regulation of the Secretary prescribed under those sections; and 

(B) shall revoke the registration of a motor carrier that 

has been prohibited from operating in interstate commerce 

for failure to comply with the safety fitness requirements 

of section 31144. 

ø(2) IMMINENT HAZARD TO PUBLIC HEALTH.—Without regard 

to subchapter II of chapter 5 of title 5, the Secretary shall revoke the registration of a motor carrier of passengers if the 

Secretary finds that such carrier has been conducting unsafe 

operations which are an imminent hazard to public health or 

property.¿ 

(2) IMMINENT HAZARD TO PUBLIC HEALTH.—Notwithstanding 

subchapter II of chapter 5 of title 5, the Secretary shall revoke 

the registration of a motor carrier if the Secretary finds that the 

carrier is or was conducting unsafe operations that are or were 

an imminent hazard to public health or property. 

(3) NOTICE; PERIOD OF SUSPENSION.—The Secretary may suspend or revoke under this subsection the registration only after 

giving notice of the suspension or revocation to the registrant. 

A suspension remains in effect until the registrant complies 

with the applicable sections or, in the case of a suspension 

under paragraph (2), until the Secretary revokes the suspension. 

§ 13908. Registration and other reforms 

(a) ESTABLISHMENT OF UNIFIED CARRIER REGISTRATION SYSTEM.—The Secretary, in cooperation with the States, representatives of the motor carrier, motor private carrier, freight forwarder, 

and broker industries and after notice and opportunity for public 

comment, shall issue within 1 year after the date of enactment of 

the Unified Carrier Registration Act of 2005 regulations to establish an online Federal registration system, to be named the ‘‘Unified Carrier Registration System’’, to replace— 

(1) the current Department of Transportation identification 

number system, the single State registration system under section 14504; 

(2) the registration system contained in this chapter and the 

financial responsibility information system under section 

13906; and 

(3) the service of process agent systems under sections 503 

and 13304. 


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(b) ROLE AS CLEARINGHOUSE AND DEPOSITORY OF INFORMA- TION.—The Unified Carrier Registration System shall serve as a 

clearinghouse and depository of information on, and identification 

of, all foreign and domestic motor carriers, motor private carriers, 

brokers, freight forwarders, and others required to register with 

the Department of Transportation, including information with respect to a carrier’s safety rating, compliance with required levels of 

financial responsibility, and compliance with the provisions of section 14504a. The Secretary shall ensure that Federal agencies, 

States, representatives of the motor carrier industry, and the public have access to the Unified Carrier Registration System, including the records and information contained in the System. 

(c) PROCEDURES FOR CORRECTING INFORMATION.—Not later than 

60 days after the effective date of this section, the Secretary shall 

prescribe regulations establishing procedures that enable a motor 

carrier to correct erroneous information contained in any part of 

the Unified Carrier Registration System. 

(d) FEE SYSTEM.—The Secretary shall establish, under section 

9701 of title 31, a fee system for the Unified Carrier Registration 

System according to the following guidelines: 

(1) REGISTRATION AND FILING EVIDENCE OF FINANCIAL RE- SPONSIBILITY.—The fee for new registrants shall as nearly as 

possible cover the costs of processing the registration øbut 

shall not exceed $300¿. (2) EVIDENCE OF FINANCIAL RESPONSIBILITY.—The fee for filing evidence of financial responsibility pursuant to this section 

shall not exceed $10 per filing. No fee shall be charged for a 

filing for purposes of designating an agent for service of process or the filing of other information relating to financial responsibility. 

(3) ACCESS AND RETRIEVAL FEES.— (A) IN GENERAL.—Except as provided in subparagraph 

(B), the fee system shall include a nominal fee for the access to or retrieval of information from the Unified Carrier 

Registration System to cover the costs of operating and upgrading the System, including the personnel costs incurred 

by the Department and the costs of administration of the 

unified carrier registration agreement. 

(B) EXCEPTIONS.—There shall be no fee charged under 

this paragraph— 

(i) to any agency of the Federal Government or a 

State government or any political subdivision of any 

such government for the access to or retrieval of information and data from the Unified Carrier Registration 

System for its own use; or 

(ii) to any representative of a motor carrier, motor 

private carrier, leasing company, broker, or freight forwarder (as each is defined in section 14504a) for the 

access to or retrieval of the individual information related to such entity from the Unified Carrier Registration System for the individual use of such entity. 

(e) USE OF FEES FOR UNIFIED CARRIER REGISTRATION SYSTEM.— Fees collected under this section may be credited to the Department of Transportation appropriations account for purposes for 


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which such fees are collected and shall be available for expenditure 

for such purposes until expended. 

(f) APPLICATION TO CERTAIN INTRASTATE OPERATIONS.—Nothing 

in this section requires the registration of a motor carrier, a motor 

private carrier of property, or a transporter of waste or recyclable 

materials operating exclusively in intrastate transportation not 

otherwise required to register with the Secretary under another 

provision of this title. 

CHAPTER 141. OPERATIONS OF CARRIERS

SUBCHAPTER II. REPORTS AND RECORDS

§ 14122. Records: form; inspection; preservation 

(a) FORM OF RECORDS.—The Secretary or the Board, as applicable, may prescribe the form of records required to be prepared or 

compiled under this subchapter by carriers and brokers, including 

records related to movement of traffic and receipts and expenditures of money. 

(b) RIGHT OF INSPECTION.—The Secretary or Board, or an employee designated by the Secretary or Board, may on demand and 

display of proper credentials, in person or in writing— 

(1) inspect and examine the lands, buildings, and equipment 

of a carrier or broker; and 

(2) inspect and copy any record of— 

(A) a carrier, broker, or association; and 

(B) a person controlling, controlled by, or under common 

control with a carrier if the Secretary or Board, as applicable, considers inspection relevant to that person’s relation 

to, or transaction with, that carrier. 

(c) PERIOD FOR PRESERVATION OF RECORDS.—The Secretary or 

Board, as applicable, may prescribe the time period during which 

operating, accounting, and financial records must be preserved by 

carriers and brokers. 

CHAPTER 145. FEDERAL-STATE RELATIONS

§ 14504a. Unified Carrier Registration System plan and 

agreement 

* * * * * * * 

(c) UNREASONABLE BURDEN.—For purposes of this section, it 

shall be considered an unreasonable burden upon interstate commerce for any State or any political subdivision of a State, or any 

political authority of two or more States— 

(1) to enact, impose, or enforce any requirement or standards 

with respect to, or levy any fee or charge on, any motor carrier 

or motor private carrier providing transportation or service 

subject to jurisdiction under subchapter I of chapter 135 (in 

this section referred to as an ‘‘interstate motor carrier’’ and an 

‘‘interstate motor private carrier’’, respectively) in connection 

with— 

(A) the registration with the State of the interstate operations of the motor carrier or motor private carrier; 


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(B) the filing with the State of information relating to 

the financial responsibility of a motor carrier or motor private carrier pursuant to sections 31138 or 31139; 

(C) the filing with the State of the name of the local 

agent for service of process of the motor carrier or motor 

private carrier pursuant to øsections¿ section 503 or 

13304; or 

(D) the annual renewal of the intrastate authority, or 

the insurance filings, of the motor carrier or motor private 

carrier, or other intrastate filing requirement necessary to 

operate within the State if the motor carrier or motor private carrier is— 

(i) registered under section 13902 or section 

13905(b); and 

(ii) in compliance with the laws and regulations of 

the State authorizing the carrier to operate in the 

State in accordance with section 14501(c)(2)(A); except 

with respect to— 

(I) intrastate service provided by motor carriers 

of passengers that is not subject to the preemption 

provisions of section 14501(a); 

(II) motor carriers of property, motor private 

carriers, brokers, or freight forwarders, or their 

services or operations, that are described in subparagraphs (B) and (C) of section 14501(c)(2)ø.¿ ; 

and 

(III) the intrastate transportation of waste or recyclable materials by any carrier; or 

(2) to require any interstate motor carrier or motor private 

carrier that also performs intrastate operations to pay any fee 

or tax which a carrier engaged exclusively in intrastate operations is exempt. 

* * * * * * * 

CHAPTER 147. ENFORCEMENT; INVESTIGATIONS; RIGHTS; REMEDIES

§ 14704. Rights and remedies of persons injured by carriers 

or brokers 

(a) øIN GENERAL.— 

(1) ENFORCEMENT OF ORDER.—A person injured¿ ENFORCEMENT OF ORDER.—A person injured because a carrier or broker 

providing transportation or service subject to jurisdiction under 

chapter 135 does not obey an order of the Secretary or the 

Board, as applicable, under this part, except an order for the 

payment of money, may bring a civil action to enforce that 

order under this subsection. A person may bring a civil action 

for injunctive relief for violations of sections 14102 øand 

14103¿ , 14103, and 14915(c). 

ø(2) DAMAGES FOR VIOLATIONS.—¿ 

(b)(1) OTHER VIOLATIONS.—A carrier or broker providing transportation or service subject to jurisdiction under chapter 135 is liable for damages sustained by a person as a result of an act or omission of that carrier or broker in violation of this part. 


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ø(b) LIABILITY AND DAMAGES FOR EXCEEDING TARIFF RATE.—A 

carrier¿ 

(2) EXCEEDING TARIFF RATE.—A carrier providing transportation or service subject to jurisdiction under chapter 135 is 

liable to a person for amounts charged that exceed the applicable rate for transportation or service contained in a tariff in effect under section 13702. 

* * * * * * * 

§ 14705. Limitation on actions by and against carriers 

(a) IN GENERAL.—A carrier providing transportation or service 

subject to jurisdiction under chapter 135 must begin a civil action 

to recover charges for transportation or service provided by the carrier within 18 months after the claim accrues. 

(b) OVERCHARGES.—A person must begin a civil action to recover 

overcharges within 18 months after the claim accrues. If the claim 

is against a carrier providing transportation subject to jurisdiction 

under chapter 135 and an election to file a complaint with the 

Board or Secretary, as applicable, is made under section 

14704(c)(1), the complaint must be filed within 3 years after the 

claim accrues. 

(c) DAMAGES.—A person must file a complaint with the Board or 

Secretary, as applicable, to recover damages under section 

ø14704(b)¿ 14704(b)(2) within 2 years after the claim accrues. 

(d) EXTENSIONS.—The limitation periods under subsection (b) of 

this section are extended for 6 months from the time written notice 

is given to the claimant by the carrier of disallowance of any part 

of the claim specified in the notice if a written claim is given to the 

carrier within those limitation periods. The limitation periods 

under subsections (b) and (c) of this section are extended for 90 

days from the time the carrier begins a civil action under subsection (a) to recover charges related to the same transportation or 

service, or collects (without beginning a civil action under that subsection) the charge for that transportation or service if that action 

is begun or collection is made within the appropriate period. 

(e) PAYMENT.—A person must begin a civil action to enforce an 

order of the Board or Secretary against a carrier within 1 year 

after the date of the order. 

(f) GOVERNMENT TRANSPORTATION.—This section applies to transportation for the United States Government. The time limitations 

under this section are extended, as related to transportation for or 

on behalf of the United States Government, for 3 years from the 

later of the date of— 

(1) payment of the rate for the transportation or service involved; 

(2) subsequent refund for overpayment of that rate; or 

(3) deduction made under section 3726 of title 31. 

(g) ACCRUAL DATE.—A claim related to a shipment of property 

accrues under this section on delivery or tender of delivery by the 

carrier. 


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CHAPTER 149. CIVIL AND CRIMINAL PENALTIES

§ 14901. General civil penalties 

(a) REPORTING AND RECORDKEEPING.—A person required to make 

a report to the Secretary or the Board, answer a question, or make, 

prepare, or preserve a record under this part concerning transportation subject to jurisdiction under subchapter I or III of chapter 

135 or transportation by a foreign carrier registered under section 

13902, or an officer, agent, or employee of that person that— 

(1) does not make the report; 

(2) does not specifically, completely, and truthfully answer 

the question; 

(3) does not make, prepare, or preserve the record in the 

form and manner prescribed; 

(4) does not comply with section 13901; or 

(5) does not comply with section 13902(c); 

is liable to the United States for a civil penalty of not less than 

ø$500¿ $1,000 for each violation and for each additional day the 

violation continues; except that, in the case of a person øwho is not 

registered under this part to provide transportation of passengers,¿ 

or an officer, agent, or employee of such person, that does not comply with section 13901 øwith respect to providing transportation of 

passengers,¿ or section 13902(c) of this title the amount of the civil 

penalty shall not be less than ø$2,000 for each violation and for 

each additional day the violation continues¿ $10,000 for each violation, or $25,000 for each violation relating to providing transportation of passengers. 

(b) TRANSPORTATION OF HAZARDOUS WASTES.—A person subject 

to jurisdiction under subchapter I of chapter 135, or an officer, 

agent, or employee of that person, and who is required to comply 

with section 13901 of this title but does not so comply with respect 

to the transportation of hazardous wastes as defined by the Environmental Protection Agency pursuant to section 3001 of the Solid 

Waste Disposal Act (but not including any waste the regulation of 

which under the Solid Waste Disposal Act has been suspended by 

Congress) shall be liable to the United States for a civil penalty 

ønot to exceed $20,000¿ not less than $25,000 for each violation. 

* * * * * * * 

(h) SETTLEMENT OF HOUSEHOLD GOODS CIVIL PENALTIES.—Nothing in this section shall be construed to prohibit the Secretary from 

accepting partial payment of a civil penalty as part of a settlement 

agreement in the public interest, or from holding imposition of any 

part of a civil penalty in abeyance. 

§ 14906. Evasion of regulation of carriers and brokers 

A person, or an officer, employee, or agent of that person, that 

by any means tries to evade regulation provided under this part for 

carriers or brokers is liable to the United States for a civil penalty 

of ø$200¿ at least $2,000 for the first violation and at least ø$250¿ 

$5,000 for a subsequent violation, and may be subject to criminal 

penalties. 


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§ 14915. Penalties for failure to give up possession of household goods 

(a) CIVIL PENALTY.— 

(1) IN GENERAL.—Whoever is found holding a household 

goods shipment hostage is liable to the United States for a civil 

penalty of not less than $10,000 for each violation. The United 

States may assign all or a portion of the civil penalty to an aggrieved shipper. The Secretary of Transportation shall establish 

criteria upon which such assignments shall be made. The Secretary may order, after notice and an opportunity for a proceeding, that a person found holding a household goods shipment hostage return the goods to an aggrieved shipper. 

(2) EACH DAY, A SEPARATE VIOLATION.—Each day a carrier is 

found to have failed to give up possession of household goods 

may constitute a separate violation. 

(3) SUSPENSION.—If the person found holding a shipment 

hostage is a carrier or broker, the Secretary may suspend for 

a period of not less than 12 months nor more than 36 months 

the registration of such carrier or broker under chapter 139. 

The force and effect of such suspension of a carrier or broker 

shall extend to and include any carrier or broker having the 

same ownership or operational control as the suspended carrier 

or broker. 

(4) SETTLEMENT AUTHORITY.—Nothing in this section shall be 

construed as prohibiting the Secretary from accepting partial 

payment of a civil penalty as part of a settlement agreement in 

the public interest, or from holding imposition of any part of a 

civil penalty in abeyance. 

(b) CRIMINAL PENALTY.—Whoever has been convicted of having 

failed to give up possession of household goods shall be fined under 

title 18 or imprisoned for not more than 2 years, or both. 

(c) FAILURE TO GIVE UP POSSESSION OF HOUSEHOLD GOODS DEFINED.—For purposes of this section, the term ‘‘failed to give up 

possession of household goods’’ means the knowing and willful failure, in violation of a contract, to deliver to, or unload at, the destination of a shipment of household goods that is subject to jurisdiction under subchapter I or III of chapter 135 of this title, for 

which charges have been estimated by the motor carrier providing 

transportation of such goods, and for which the shipper has tendered a payment described in clause (i), (ii), or (iii) of section 

13707(b)(3)(A). 

SUBTITLE V. RAIL PROGRAMS

PART C. PASSENGER TRANSPORTATION

CHAPTER 243. AMTRAK

§ 24305. General authority 

(a) ACQUISITION AND OPERATION OF EQUIPMENT AND FACILITIES.— 

(1) Amtrak may acquire, operate, maintain, and make contracts for the operation and maintenance of equipment and facilities necessary for intercity and commuter rail passenger 


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3 The amendment to this section takes effect 1 year after the date of enactment of the Commercial Motor Vehicle Safety Enhancement Act of 2011. 

transportation, the transportation of mail and express, and 

auto-ferry transportation. 

(2) Amtrak shall operate and control directly, to the extent 

practicable, all aspects of the rail passenger transportation it 

provides. 

(3) (A) Except as provided in subsection (d)(2), Amtrak may 

enter into a contract with a motor carrier of passengers for the 

intercity transportation of passengers by motor carrier over 

regular routes only— 

(i) if the motor carrier is not a public recipient of 

governmental assistance, as such term is defined in 

øsection 13902(b)(8)(A)¿ section 13902(b)(11)(A) of this 

title, other than a recipient of funds under section 

5311 of this title; 

(ii) for passengers who have had prior movement by 

rail or will have subsequent movement by rail; and 

(iii) if the buses, when used in the provision of such 

transportation, are used exclusively for the transportation of passengers described in clause (ii). 

(B) Subparagraph (A) shall not apply to transportation 

funded predominantly by a State or local government, or 

to ticket selling agreements.3

* * * * * * * 

§ 24307. Special transportation 

(a) REDUCED FARE PROGRAM.—Amtrak shall maintain a reduced 

fare program for the following: 

(1) individuals at least 65 years of age. 

(2) individuals (except alcoholics and drug abusers) who— 

(A) have a physical or mental impairment that substantially limits a major life activity of the individual; 

(B) have a record of an impairment; or 

(C) are regarded as having an impairment. 

(b) EMPLOYEE TRANSPORTATION.— 

(1) In this subsection, ‘‘rail carrier employee’’ means— 

(A) an active full-time employee of a rail carrier or terminal company and includes an employee on furlough or 

leave of absence; 

(B) a retired employee of a rail carrier or terminal company; and 

(C) a dependent of an employee referred to in clause (A) 

or (B) of this paragraph. 

(2) Amtrak shall ensure that a rail carrier employee eligible 

for free or reduced-rate rail transportation on April 30, 1971, 

under an agreement in effect on that date is eligible, to the 

greatest extent practicable, for free or reduced-rate intercity 

rail passenger transportation provided by Amtrak under this 

part, if space is available, on terms similar to those available 

on that date under the agreement. However, Amtrak may 

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temwide schedule of terms that Amtrak decides applied to a 

majority of employees on that date under all those agreements. 

Unless Amtrak and a rail carrier make a different agreement, 

the carrier shall reimburse Amtrak at the rate of 25 percent 

of the systemwide average monthly yield of each revenue passenger-mile. The reimbursement is in place of costs Amtrak incurs related to free or reduced-rate transportation, including liability related to travel of a rail carrier employee eligible for 

free or reduced-rate transportation. 

(3) This subsection does not prohibit the øInterstate Commerce Commission¿ Surface Transportation Board from ordering retroactive relief in a proceeding begun or reopened after 

October 1, 1981. 

§ 24311. Acquiring interests in property by eminent domain 

(a) GENERAL AUTHORITY.— 

(1) To the extent financial resources are available, Amtrak 

may acquire by eminent domain under subsection (b) of this 

section interests in property— 

(A) necessary for intercity rail passenger transportation, 

except property of a rail carrier, a State, a political subdivision of a State, or a governmental authority; or 

(B) requested by the Secretary of Transportation in carrying out the Secretary’s duty to design and build an intermodal transportation terminal at Union Station in the District of Columbia if the Secretary assures Amtrak that the 

Secretary will reimburse Amtrak. 

(2) Amtrak may exercise the power of eminent domain only 

if it cannot— 

(A) acquire the interest in the property by contract; or 

(B) agree with the owner on the purchase price for the 

interest. 

(b) CIVIL ACTIONS.— 

(1) A civil action to acquire an interest in property by eminent domain under subsection (a) of this section must be 

brought in the district court of the United States for the judicial district in which the property is located or, if a single piece 

of property is located in more than one judicial district, in any 

judicial district in which any piece of the property is located. 

An interest is condemned and taken by Amtrak for its use 

when a declaration of taking is filed under this subsection and 

an amount of money estimated in the declaration to be just 

compensation for the interest is deposited in the court. The 

declaration may be filed with the complaint in the action or at 

any time before judgment. The declaration must contain or be 

accompanied by— 

(A) a statement of the public use for which the interest 

is taken; 

(B) a description of the property sufficient to identify it; 

(C) a statement of the interest in the property taken; 

(D) a plan showing the interest taken; and 

(E) a statement of the amount of money Amtrak estimates is just compensation for the interest. 


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(2) When the declaration is filed and the deposit is made 

under paragraph (1) of this subsection, title to the property 

vests in Amtrak in fee simple absolute or in the lesser interest 

shown in the declaration, and the right to the money vests in 

the person entitled to the money. When the declaration is filed, 

the court may decide— 

(A) the time by which, and the terms under which, possession of the property is given to Amtrak; and 

(B) the disposition of outstanding charges related to the 

property. 

(3) After a hearing, the court shall make a finding on the 

amount that is just compensation for the interest in the property and enter judgment awarding that amount and interest on 

it. The rate of interest is 6 percent a year and is computed on 

the amount of the award less the amount deposited in the 

court from the date of taking to the date of payment. 

(4) On application of a party, the court may order immediate 

payment of any part of the amount deposited in the court for 

the compensation to be awarded. If the award is more than the 

amount received, the court shall enter judgment against Amtrak for the deficiency. 

(c) AUTHORITY TO CONDEMN RAIL CARRIER PROPERTY INTERESTS.— 

(1) If Amtrak and a rail carrier cannot agree on a sale to 

Amtrak of an interest in property of a rail carrier necessary for 

intercity rail passenger transportation, Amtrak may apply to 

the øInterstate Commerce Commission¿ Surface Transportation Board for an order establishing the need of Amtrak for 

the interest and requiring the carrier to convey the interest on 

reasonable terms, including just compensation. The need of 

Amtrak is deemed to be established, and the øCommission¿ 

Board, after holding an expedited proceeding and not later 

than 120 days after receiving the application, shall order the 

interest conveyed unless the øCommission¿ Board decides 

that— 

(A) conveyance would impair significantly the ability of 

the carrier to carry out its obligations as a common carrier; and 

(B) the obligations of Amtrak to provide modern, efficient, and economical rail passenger transportation can be 

met adequately by acquiring an interest in other property, 

either by sale or by exercising its right of eminent domain 

under subsection (a) of this section. 

(2) If the amount of compensation is not determined by the 

date of the øCommission’s¿ Board’s order, the order shall require, as part of the compensation, interest at 6 percent a year 

from the date prescribed for the conveyance until the compensation is paid. 

(3) Amtrak subsequently may reconvey to a third party an 

interest conveyed to Amtrak under this subsection or prior 

comparable provision of law if the øCommission¿ Board decides that the reconveyance will carry out the purposes of this 

part, regardless of when the proceeding was brought (including 


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a proceeding pending before a United States court on November 28, 1990). 

CHAPTER 249. NORTHEAST CORRIDOR IMPROVEMENT PROGRAM

§ 24902. Goals and requirements 

(a) MANAGING COSTS AND REVENUES.—Amtrak shall manage its 

operating costs, pricing policies, and other factors with the goal of 

having revenues derived each fiscal year from providing intercity 

rail passenger transportation over the Northeast Corridor route between the District of Columbia and Boston, Massachusetts, equal 

at least the operating costs of providing that transportation in that 

fiscal year. 

(b) PRIORITIES IN SELECTING AND SCHEDULING PROJECTS.—When 

selecting and scheduling specific projects, Amtrak shall apply the 

following considerations, in the following order of priority: 

(1) Safety-related items should be completed before other 

items because the safety of the passengers and users of the 

Northeast Corridor is paramount. 

(2) Activities that benefit the greatest number of passengers 

should be completed before activities involving fewer passengers. 

(3) Reliability of intercity rail passenger transportation must 

be emphasized. 

(4) Trip-time requirements of this section must be achieved 

to the extent compatible with the priorities referred to in paragraphs (1)-(3) of this subsection. 

(5) Improvements that will pay for the investment by achieving lower operating or maintenance costs should be carried out 

before other improvements. 

(6) Construction operations should be scheduled so that the 

fewest possible passengers are inconvenienced, transportation 

is maintained, and the on-time performance of Northeast Corridor commuter rail passenger and rail freight transportation 

is optimized. 

(7) Planning should focus on completing activities that will 

provide immediate benefits to users of the Northeast Corridor. 

(c) COMPATIBILITY WITH FUTURE IMPROVEMENTS AND PRODUCTION

OF MAXIMUM LABOR BENEFITS.—Improvements under this section 

shall be compatible with future improvements in transportation 

and shall produce the maximum labor benefit from hiring individuals presently unemployed. 

(d) AUTOMATIC TRAIN CONTROL SYSTEMS.—A train operating on 

the Northeast Corridor main line or between the main line and Atlantic City shall be equipped with an automatic train control system designed to slow or stop the train in response to an external 

signal. 

(e) HIGH-SPEED TRANSPORTATION.—If practicable, Amtrak shall 

establish intercity rail passenger transportation in the Northeast 

Corridor that carries out section 703(1)(E) of the Railroad Revitalization and Regulatory Reform Act of 1976 (Public Law 94-210, 90 

Stat. 121). 

(f) EQUIPMENT DEVELOPMENT.—Amtrak shall develop economical 

and reliable equipment compatible with track, operating, and marVerDate Mar 15 2010 23:11 Nov 14, 2012 Jkt 029010 PO 00000 Frm 00092 Fmt 6604 Sfmt 6602 E:\HR\OC\SR238.XXX SR238

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keting characteristics of the Northeast Corridor, including the capability to meet reliable trip times under section 703(1)(E) of the 

Railroad Revitalization and Regulatory Reform Act of 1976 (Public 

Law 94-210, 90 Stat. 121) in regularly scheduled revenue transportation in the Corridor, when the Northeast Corridor improvement 

program is completed. Amtrak must decide that equipment complies with this subsection before buying equipment with financial 

assistance of the Government. Amtrak shall submit a request for 

an authorization of appropriations for production of the equipment. 

(g) AGREEMENTS FOR OFF-CORRIDOR ROUTING OF RAIL FREIGHT

TRANSPORTATION.— (1) Amtrak may make an agreement with a rail freight carrier or a regional transportation authority under which the 

carrier will carry out an alternate off-corridor routing of rail 

freight transportation over rail lines in the Northeast Corridor 

between the District of Columbia and New York metropolitan 

areas, including intermediate points. The agreement shall be 

for at least 5 years. 

(2) Amtrak shall apply to the øInterstate Commerce Commission¿ Surface Transportation Board for approval of the 

agreement and all related agreements accompanying the application as soon as the agreement is made. If the øCommission¿ 

Board finds that approval is necessary to carry out this chapter, the øCommission¿ Board shall approve the application and 

related agreements not later than 90 days after receiving the 

application. 

(3) If an agreement is not made under paragraph (1) of this 

subsection, Amtrak, with the consent of the other parties, may 

apply to the øInterstate Commerce Commission¿ Surface 

Transportation Board. Not later than 90 days after the application, the øCommission¿ Board shall decide on the terms of an 

agreement if it decides that doing so is necessary to carry out 

this chapter. The decision of the øCommission¿ Board is binding on the other parties. 

(h) COORDINATION.— (1) The Secretary of Transportation shall coordinate— 

(A) transportation programs related to the Northeast 

Corridor to ensure that the programs are integrated and 

consistent with the Northeast Corridor improvement program; and 

(B) amounts from departments, agencies, and instrumentalities of the Government to achieve urban redevelopment and revitalization in the vicinity of urban rail stations in the Northeast Corridor served by intercity and 

commuter rail passenger transportation. 

(2) If the Secretary finds significant noncompliance with this 

section, the Secretary may deny financing to a noncomplying 

program until the noncompliance is corrected. 

(i) COMPLETION.—Amtrak shall give the highest priority to completing the program. 

(j) APPLICABLE PROCEDURES.—No State or local building, zoning, 

subdivision, or similar or related law, nor any other State or local 

law from which a project would be exempt if undertaken by the 

Federal Government or an agency thereof within a Federal enclave 


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wherein Federal jurisdiction is exclusive, including without limitation with respect to all such laws referenced herein above requirements for permits, actions, approvals or filings, shall apply in connection with the construction, ownership, use, operation, financing, 

leasing, conveying, mortgaging or enforcing a mortgage of (i) any 

improvement undertaken by or for the benefit of Amtrak as part 

of, or in furtherance of, the Northeast Corridor Improvement 

Project (including without limitation maintenance, service, inspection or similar facilities acquired, constructed or used for high 

speed trainsets) or chapter 241, 243, or 247 of this title or (ii) any 

land (and right, title or interest created with respect thereto) on 

which such improvement is located and adjoining, surrounding or 

any related land. These exemptions shall remain in effect and be 

applicable with respect to such land and improvements for the benefit of any mortgagee before, upon and after coming into possession 

of such improvements or land, any third party purchasers thereof 

in foreclosure (or through a deed in lieu of foreclosure), and their 

respective successors and assigns, in each case to the extent the 

land or improvements are used, or held for use, for railroad purposes or purposes accessory thereto. This subsection shall not apply 

to any improvement or related land unless Amtrak receives a Federal operating subsidy in the fiscal year in which Amtrak commits 

to or initiates such improvement. 

§ 24904. General authority 

(a) GENERAL.—To carry out this chapter and the Regional Rail 

Reorganization Act of 1973 (45 U.S.C. 701 et seq.), Amtrak may— 

(1) acquire, maintain, and dispose of any interest in property 

used to provide improved high-speed rail transportation under 

section 24902 of this title; 

(2) acquire, by condemnation or otherwise, any interest in 

real property that Amtrak considers necessary to carry out the 

goals of section 24902; 

(3) provide for rail freight, intercity rail passenger, and commuter rail passenger transportation over property acquired 

under this section; 

(4) improve rail rights of way between Boston, Massachusetts, and the District of Columbia (including the route 

through Springfield, Massachusetts, and routes to Harrisburg, 

Pennsylvania, and Albany, New York, from the Northeast Corridor main line) to achieve the goals of section 24902 of providing improved high-speed rail passenger transportation between Boston, Massachusetts, and the District of Columbia, 

and intermediate intercity markets; 

(5) acquire, build, improve, and install passenger stations, 

communications and electric power facilities and equipment, 

public and private highway and pedestrian crossings, and 

other facilities and equipment necessary to provide improved 

high-speed rail passenger transportation over rights of way improved under clause (4) of this subsection; 

(6) make agreements with other carriers and commuter authorities to grant, acquire, or make arrangements for rail 

freight or commuter rail passenger transportation over, rights 

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nization Act of 1973 (45 U.S.C. 701 et seq.) and the Railroad 

Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 

801 et seq.); and 

(7) appoint a general manager of the Northeast Corridor improvement program. 

(b) COMPENSATORY AGREEMENTS.—Rail freight and commuter 

rail passenger transportation provided under subsection (a)(3) of 

this section shall be provided under compensatory agreements with 

the responsible carriers. 

(c) COMPENSATION FOR TRANSPORTATION OVER CERTAIN RIGHTS

OF WAY AND FACILITIES.— 

(1) An agreement under subsection (a)(6) of this section shall 

provide for reasonable reimbursement of costs but may not 

cross-subsidize intercity rail passenger, commuter rail passenger, and rail freight transportation. 

(2) If the parties do not agree, the øInterstate Commerce 

Commission¿ Surface Transportation Board shall order that 

the transportation continue over facilities acquired under the 

Regional Rail Reorganization Act of 1973 (45 U.S.C. 701 et 

seq.) and the Railroad Revitalization and Regulatory Reform 

Act of 1976 (45 U.S.C. 801 et seq.) and shall determine compensation (without allowing cross-subsidization between commuter rail passenger and intercity rail passenger and rail 

freight transportation) for the transportation not later than 

120 days after the dispute is submitted. The øCommission¿ 

Board shall assign to a rail carrier obtaining transportation 

under this subsection the costs Amtrak incurs only for the benefit of the carrier, plus a proportionate share of all other costs 

of providing transportation under this paragraph incurred for 

the common benefit of Amtrak and the carrier. The proportionate share shall be based on relative measures of volume of 

car operations, tonnage, or other factors that reasonably reflect 

the relative use of rail property covered by this subsection. 

(3) This subsection does not prevent the parties from making 

an agreement under subsection (a)(6) of this section after the 

øCommission¿ Board makes a decision under this subsection. 

SUBTITLE VI. MOTOR VEHICLE AND DRIVER PROGRAMS

PART A. GENERAL

CHAPTER 301. MOTOR VEHICLE SAFETY

SUBCHAPTER IV. ENFORCEMENT AND ADMINISTRATIVE

§ 30165. Civil penalty 

(a) CIVIL PENALTIES.— 

(1) IN GENERAL.—A person that violates any of section 30112, 

30115, 30117 through 30122, 30123(d), 30125(c), 30127, øor 

30141 through 30147¿ 30141 through 30147, or 31137, or a 

regulation prescribed thereunder, is liable to the United States 

Government for a civil penalty of not more than $5,000 for 

each violation. A separate violation occurs for each motor vehicle or item of motor vehicle equipment and for each failure or 

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tions. The maximum penalty under this subsection for a related series of violations is $15,000,000. 

(2) SCHOOL BUSES.— 

(A) IN GENERAL.—Notwithstanding paragraph (1), the 

maximum amount of a civil penalty under this paragraph 

shall be $10,000 in the case of— 

(i) the manufacture, sale, offer for sale, introduction 

or delivery for introduction into interstate commerce, 

or importation of a school bus or school bus equipment 

(as those terms are defined in section 30125(a) of this 

title) in violation of section 30112(a)(1) of this title; or 

(ii) a violation of section 30112(a)(2) of this title. 

(B) RELATED SERIES OF VIOLATIONS.—A separate violation occurs for each motor vehicle or item of motor vehicle 

equipment and for each failure or refusal to allow or perform an act required by that section. The maximum penalty under this paragraph for a related series of violations 

is $15,000,000. 

(3) SECTION 30166.—A person who violates section 30166 or 

a regulation prescribed under that section is liable to the 

United States Government for a civil penalty for failing or refusing to allow or perform an act required under that section 

or regulation. The maximum penalty under this paragraph is 

$5,000 per violation per day. The maximum penalty under this 

paragraph for a related series of daily violations is 

$15,000,000. 

(b) COMPROMISE AND SETOFF.— 

(1) The Secretary of Transportation may compromise the 

amount of a civil penalty imposed under this section. 

(2) The Government may deduct the amount of a civil penalty imposed or compromised under this section from amounts 

it owes the person liable for the penalty. 

(c) CONSIDERATIONS.—In determining the amount of a civil penalty or compromise, the appropriateness of the penalty or compromise to the size of the business of the person charged and the 

gravity of the violation shall be considered. 

(d) SUBPENAS FOR WITNESSES.—In a civil action brought under 

this section, a subpena for a witness may be served in any judicial 

district. 

PART B. COMMERCIAL

CHAPTER 311. COMMERCIAL MOTOR VEHICLE SAFETY

SUBCHAPTER I. GENERAL AUTHORITY AND STATE GRANTS

§ 31101. Definitions 

In this subchapter— 

ø(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— 

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

weight of at least 10,001 pounds, whichever is greater; 


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ø(B) is designed to transport more than 10 passengers 

including the driver; or 

ø(C) is used in transporting material found by the Secretary of Transportation to be hazardous under section 

5103 of this title and transported in a quantity requiring 

placarding under regulations prescribed by the Secretary 

under section 5103.¿ 

(1) ‘‘commercial motor vehicle’’ means (except under section 

31106) a self-propelled or towed vehicle used on the highways 

in commerce to transport passengers or property, if the vehicle— 

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

weight of at least 10,001 pounds, whichever is greater; 

(B) is designed or used to transport more than 8 passengers, including the driver, for compensation; 

(C) is designed or used to transport more than 15 passengers, including the driver, and is not used to transport 

passengers for compensation; or 

(D) is used in transporting material found by the Secretary of Transportation to be hazardous under section 

5103 and transported in a quantity requiring placarding 

under regulations prescribed by the Secretary under section 

5103. 

(2) ‘‘employee’’ means a driver of a commercial motor vehicle 

(including an independent contractor when personally operating a commercial motor vehicle), a mechanic, a freight handler, or an individual not an employer, who— 

(A) directly affects commercial motor vehicle safety in 

the course of employment by a commercial motor carrier; 

and 

(B) is not an employee of the United States Government, 

a State, or a political subdivision of a State acting in the 

course of employment. 

(3) ‘‘employer’’— 

(A) means a person engaged in a business affecting commerce that owns or leases a commercial motor vehicle in 

connection with that business, or assigns an employee to 

operate the vehicle in commerce; but 

(B) does not include the Government, a State, or a political subdivision of a State. 

(4) ‘‘State’’ means a State of the United States, the District 

of Columbia, Puerto Rico, the Virgin Islands, American Samoa, 

Guam, and the Northern Mariana Islands. 

§ ø31102. Grants to States¿ 

§ 31102. Compliance, safety, and accountability grants 

ø(a) GENERAL AUTHORITY.—Subject to this section and the availability of amounts, the Secretary of Transportation may make 

grants to States for the development or implementation of programs for improving motor carrier safety and the enforcement of 

regulations, standards, and orders of the United States Government on commercial motor vehicle safety, hazardous materials 

transportation safety, and compatible State regulations, standards, 

and orders.¿ 


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(a) GENERAL AUTHORITY.—Subject to this section, the Secretary of 

Transportation shall make and administer a compliance, safety, 

and accountability grant program to assist States, local governments, and other entities and persons with motor carrier safety and 

enforcement on highways and other public roads, new entrant safety 

audits, border enforcement, hazardous materials safety and security, consumer protection and household goods enforcement, and 

other programs and activities required to improve the safety of 

motor carriers as determined by the Secretary. The Secretary shall 

allocate funding in accordance with section 31104 of this title. 

ø(b) STATE PLAN PROCEDURES AND CONTENTS.—¿ 

(b) MOTOR CARRIER SAFETY ASSISTANCE PROGRAM.— (1) PROGRAM GOAL.—The goal of the Motor Carrier Safety Assistance Program is to ensure that the Secretary, States, local 

government agencies, and other political jurisdictions work in 

partnership to establish programs to improve motor carrier, 

commercial motor vehicle, and driver safety to support a safe 

and efficient surface transportation system by— 

(A) making targeted investments to promote safe commercial motor vehicle transportation, including transportation 

of passengers and hazardous materials; 

(B) investing in activities likely to generate maximum reductions in the number and severity of commercial motor 

vehicle crashes and fatalities resulting from such crashes; 

(C) adopting and enforcing effective motor carrier, commercial motor vehicle, and driver safety regulations and 

practices consistent with Federal requirements; and 

(D) assessing and improving statewide performance by 

setting program goals and meeting performance standards, 

measures, and benchmarks. 

ø(1)¿ (2) The Secretary shall prescribe procedures for a State 

to submit a plan under which the State agrees to assume responsibility for improving motor carrier safety and to adopt 

and enforce regulations, standards, and orders of the Government on commercial motor vehicle safety, hazardous materials 

transportation safety, or compatible State regulations, standards, and orders. The Secretary shall approve the plan if the 

Secretary decides the plan is adequate to promote the objectives of this section and the plan— 

(A) implements performance-based activities, including 

deployment of technology to enhance the efficiency and effectiveness of commercial motor vehicle safety programs; 

(B) designates the State motor vehicle safety agency responsible for administering the plan throughout the State; 

(C) contains satisfactory assurances the agency has or 

will have the legal authority, resources, and qualified personnel necessary to enforce the regulations, standards, and 

orders; 

(D) contains satisfactory assurances the State will devote adequate amounts to the administration of the plan 

and enforcement of the regulations, standards, and orders; 

(E) provides that the total expenditure of amounts of the 

State and its political subdivisions (not including amounts 

of the Government) for commercial motor vehicle safety 


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programs for enforcement of commercial motor vehicle size 

and weight limitations, drug interdiction, and State traffic 

safety laws and regulations under subsection (c) of this 

section will be maintained at a level at least equal to the 

average level of that expenditure for the 3 full fiscal years 

beginning after October 1 of the year 5 years prior to the 

beginning of each Government fiscal year. 

(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 

ømake a declaration of¿ demonstrate 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; 

ø(M) ensures participation in SAFETYNET and other information systems by all appropriate jurisdictions receiving funding under this section;¿ 

(M) ensures participation in appropriate Federal Motor 

Carrier Safety Administration systems and other information systems by all appropriate jurisdictions receiving 

Motor Carrier Safety Assistance Program funding; 

(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; 


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(ii) activities aimed at providing an appropriate level 

of training to State motor carrier safety assistance 

program officers and employees on recognizing drivers 

impaired by alcohol or controlled substances; and 

(iii) interdiction activities affecting the transportation of controlled substances by commercial motor 

vehicle drivers and training on appropriate strategies 

for carrying out those interdiction activities; 

(Q) provides that the State has established and dedicated sufficient resources to a program to ensure that— 

(i) accurate, complete, and timely motor carrier safety data is collected and reported to the Secretary; and 

(ii) the State will participate in a national motor 

carrier safety data correction system prescribed by the 

Secretary; 

(R) ensures that the State will cooperate in the enforcement of registration requirements under section 13902 and 

financial responsibility requirements under sections 13906, 

31138, and 31139 and regulations issued thereunder; 

(S) ensures consistent, effective, and reasonable sanctions; 

(T) ensures that roadside inspections will be conducted 

at a location that is adequate to protect the safety of drivers and enforcement personnel; 

(U) provides that the State will include in the training 

manual for the licensing examination to drive a noncommercial motor vehicle and a commercial motor vehicle, 

information on best practices for driving safely in the vicinity of noncommercial and commercial motor vehicles; 

(V) provides that the State will enforce the registration 

requirements of section 13902 by prohibiting the operation 

of any vehicle discovered to be operated by a motor carrier 

without a registration issued under such section or to operate beyond the scope of such registration; 

(W) provides that the State will conduct comprehensive 

and highly visible traffic enforcement and commercial 

motor vehicle safety inspection programs in high-risk locations and corridors; øand¿ 

ø(X) except in the case of an imminent or obvious safety 

hazard, ensures that an inspection of a vehicle transporting passengers for a motor carrier of passengers is conducted at a station, terminal, border crossing, maintenance 

facility, destination, or other location where a motor carrier may make a planned stop.¿ 

(X) except in the case of an imminent or obvious safety 

hazard, ensures that an inspection of a vehicle transporting 

passengers for a motor carrier of passengers is conducted at 

a station, terminal, border crossing, maintenance facility, 

destination, weigh station, rest stop, turnpike service area, 

or a location where adequate food, shelter, and sanitation 

facilities are available for passengers, and reasonable accommodation is available for passengers with disabilities; 

and 


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(Y) ensures that the State will transmit to its roadside inspectors the notice of each Federal exemption granted pursuant to section 31315(b) and provided to the State by the 

Secretary, including the name of the person granted the exemption and any terms and conditions that apply to the exemption. 

ø(2)¿ (3) 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. 

ø(3) In estimating the average level of State expenditure 

under paragraph (1)(E) of this subsection, the Secretary— 

(A) may allow the State to exclude State expenditures 

for Government-sponsored demonstration or pilot programs; and 

(B) shall require the State to exclude Government 

amounts and State matching amounts used to receive Government financing under subsection (a) of this section.¿ 

(4) MAINTENANCE OF EFFORT.— (A) IN GENERAL.—A plan submitted by a State under 

paragraph (2) shall provide that the total expenditure of 

amounts of the lead State agency responsible for implementing the plan will be maintained at a level at least 

equal to the average level of that expenditure for FY 2004 

and FY 2005. 

(B) AVERAGE LEVEL OF STATE EXPENDITURES.—In estimating the average level of State expenditure under subparagraph (A), the Secretary— 

(i) may allow the State to exclude State expenditures 

for Government-sponsored demonstration or pilot programs; and 

(ii) shall require the State to exclude State matching 

amounts used to receive Government financing under 

this subsection. 

(C) WAIVER.—Upon the request of a State, the Secretary 

may waive or modify the requirements of this paragraph 

for 1 fiscal year, if the Secretary determines that a waiver 

is equitable due to exceptional or uncontrollable circumstances, such as a natural disaster or a serious decline 

in the financial resources of the State motor carrier safety 

assistance program agency. 

(c) USE OF GRANTS TO ENFORCE OTHER LAWS.—A State may use 

amounts received under a grant under subsection (a)— 

(1) for the following activities if the activities are carried out 

in conjunction with an appropriate inspection of the commercial motor vehicle to enforce Government or State commercial 

motor vehicle safety regulations: 

(A) enforcement of commercial motor vehicle size and 

weight limitations at locations other than fixed weight facilities, at specific locations such as steep grades or mountainous terrains where the weight of a commercial motor 

vehicle can significantly affect the safe operation of the vehicle, or at ports where intermodal shipping containers 

enter and leave the United States; and 


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(B) detection of the unlawful presence of a controlled 

substance (as defined under section 102 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 

U.S.C. 802)) in a commercial motor vehicle or on the person of any occupant (including the operator) of the vehicle; 

and 

(2) for documented enforcement of State traffic laws and regulations designed to promote the safe operation of commercial 

motor vehicles, including documented enforcement of such laws 

and regulations relating to noncommercial motor vehicles when 

necessary to promote the safe operation of commercial motor 

vehicles if the number of motor carrier safety activities (including roadside safety inspections) conducted in the State is maintained at a level at least equal to the average level of such activities conducted in the State in fiscal years 2003, 2004, and 

2005; except that the State may not use more than 5 percent 

of the basic amount the State receives under the grant under 

subsection (a) for enforcement activities relating to noncommercial motor vehicles described in this paragraph unless 

the Secretary determines a higher percentage will result in significant increases in commercial motor vehicle safety. 

(d) CONTINUOUS EVALUATION OF PLANS.—On the basis of reports 

submitted by a State motor vehicle safety agency of a State with 

a plan approved under this section and the Secretary’s own investigations, the Secretary shall make a continuing evaluation of the 

way the State is carrying out the plan. If the Secretary finds, after 

notice and opportunity for comment, the State plan previously approved is not being followed or has become inadequate to ensure 

enforcement of the regulations, standards, or orders, the Secretary 

shall withdraw approval of the plan and notify the State. The plan 

stops being effective when the notice is received. A State adversely 

affected by the withdrawal may seek judicial review under chapter 

7 of title 5. Notwithstanding the withdrawal, the State may retain 

jurisdiction in administrative or judicial proceedings begun before 

the withdrawal if the issues involved are not related directly to the 

reasons for the withdrawal. 

(e) NEW ENTRANT SAFETY ASSURANCE PROGRAM.— 

(1) PROGRAM GOAL.—The Secretary may make grants to 

States and local governments for pre-authorization safety audits and new entrant motor carrier audits as described in section 31144(g). 

(2) RECIPIENTS.—Grants made in support of this program 

may be provided to States and local governments. 

(3) FEDERAL SHARE.—The Federal share of a grant made 

under this program is 100 percent. 

(4) ELIGIBLE ACTIVITIES.—Eligible activities will be in accordance with criteria developed by the Secretary and posted in the 

Federal Register in advance of the grant application period. 

(5) DETERMINATION.—If the Secretary determines that a State 

or local government is unable to conduct a new entrant motor 

carrier audit, the Secretary may use the funds to conduct the 

audit. 

(f) BORDER ENFORCEMENT.— 


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(1) PROGRAM GOAL.—The Secretary of Transportation may 

make a grant for carrying out border commercial motor vehicle 

safety programs and related enforcement activities and projects. 

(2) RECIPIENTS.—The Secretary of Transportation may make 

a grant to an entity, State, or other person for carrying out border commercial motor vehicle safety programs and related enforcement activities and projects. 

(3) FEDERAL SHARE.—The Secretary shall reimburse a grantee at least 80 percent of the costs incurred in a fiscal year for 

carrying out border commercial motor vehicle safety programs 

and related enforcement activities and projects. 

(4) ELIGIBLE ACTIVITIES.—An eligible activity will be in accordance with criteria developed by the Secretary and posted in 

the Federal Register in advance of the grant application period. 

(g) HIGH PRIORITY INITIATIVES.— 

(1) PROGRAM GOAL.—The Secretary may make grants to carry 

out high priority activities and projects that improve commercial motor vehicle safety and compliance with commercial motor 

vehicle safety regulations, including activities and projects 

that— 

(A) are national in scope; 

(B) increase public awareness and education; 

(C) target unsafe driving of commercial motor vehicles 

and non-commercial motor vehicles in areas identified as 

high risk crash corridors; 

(D) improve consumer protection and enforcement of 

household goods regulations; 

(E) improve the movement of hazardous materials safely 

and securely, including activities related to the establishment of uniform forms and application procedures that improve the accuracy, timeliness, and completeness of commercial motor vehicle safety data reported to the Secretary; 

or 

(F) demonstrate new technologies to improve commercial 

motor vehicle safety. 

(2) RECIPIENTS.—The Secretary may allocate amounts to 

award grants to State agencies, local governments, and other 

persons for carrying out high priority activities and projects 

that improve commercial motor vehicle safety and compliance 

with commercial motor vehicle safety regulations in accordance 

with the program goals specified in paragraph (1). 

(3) FEDERAL SHARE.—The Secretary shall reimburse a grantee at least 80 percent of the costs incurred in a fiscal year for 

carrying out the high priority activities or projects. 

(4) ELIGIBLE ACTIVITIES.—An eligible activity will be in accordance with criteria that is— 

(A) developed by the Secretary; and 

(B) posted in the Federal Register in advance of the grant 

application period. 

ø(e)¿ (h) ANNUAL REPORT.—The Secretary shall submit to the 

Committee on Transportation and Infrastructure of the House of 

Representatives and the Committee on Commerce, Science and 

Transportation of the Senate an annual report that— 


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(1) analyzes commercial motor vehicle safety trends among 

the States and documents the most effective commercial motor 

vehicle safety programs implemented with grants under this 

section; and 

(2) describes the effect of activities carried out with grants 

made under this section on commercial motor vehicle safety. 

§ 31103. United States Government’s share of costs 

(a) COMMERCIAL MOTOR VEHICLE SAFETY PROGRAMS AND EN- FORCEMENT.—The Secretary of Transportation shall reimburse a 

State, from a grant made under this subchapter, an amount that 

is not more than 80 percent of the costs incurred by the State in 

a fiscal year in developing and implementing programs to improve 

commercial motor vehicle safety and enforce commercial motor vehicle regulations, standards, or orders adopted under this subchapter or subchapter II of this chapter. In determining those 

costs, the Secretary shall include in-kind contributions by the 

State. Amounts of the State and its political subdivisions required 

to be expended under øsection 31102(b)(1)(E)¿ section 

31102(b)(2)(E) of this title may not be included as part of the share 

not provided by the United States Government. Amounts generated 

under the unified carrier registration agreement under section 

14504a and received by a State and used for motor carrier safety 

purposes may be included as part of the State’s share not provided 

by the United States. The Secretary may allocate among the States 

whose applications for grants have been approved those amounts 

appropriated for grants to support those programs, under criteria 

that may be established. 

(b) OTHER ACTIVITIES.—The Secretary may reimburse State 

agencies, local governments, or other persons up to 100 percent for 

public education activities øauthorized by section 31104(f)(2)¿. 

ø§ 31104. Availability of amounts 

ø(a) IN GENERAL.—Subject to subsection (f), there are authorized 

to be appropriated from the Highway Trust Fund (other than the 

Mass Transit Account) to carry out section 31102— 

ø(1) $188,480,000 for fiscal year 2005; 

ø(2) $188,000,000 for fiscal year 2006; 

ø(3) $197,000,000 for fiscal year 2007; 

ø(4) $202,000,000 for fiscal year 2008; 

ø(5) $209,000,000 for fiscal year 2009; 

ø(6) $209,000,000 for fiscal year 2010; 

ø(7) $209,000,000 for fiscal year 2011; and 

ø(8) $106,000,000 for the period beginning on October 1, 

2011, and ending on March 31, 2012. 

ø(b) AVAILABILITY AND REALLOCATION OF AMOUNTS.—Amounts 

made available under subsection (a) of this section remain available until expended. Allocations to a State remain available for expenditure in the State for the fiscal year in which they are allocated and for the next fiscal year. Amounts not expended by a 

State during those 2 fiscal years are released to the Secretary for 

reallocation. 

ø(c) REIMBURSEMENT FOR GOVERNMENT’S SHARE OF COSTS.— 

Amounts made available under subsection (a) of this section shall 


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be used to reimburse States proportionately for the United States 

Government’s share of costs incurred. 

ø(d) GRANTS AS CONTRACTUAL OBLIGATIONS.—Approval by the 

Secretary of a grant to a State under section 31102 of this title is 

a contractual obligation of the Government for payment of the Government’s share of costs incurred by the State in developing, implementing, or developing and implementing programs to enforce commercial motor vehicle regulations, standards, and orders. 

ø(e) DEDUCTION FOR ADMINISTRATIVE EXPENSES.—On October 1 

of each fiscal year or as soon after that date as practicable, the Secretary may deduct, from amounts made available under subsection 

(a) of this section for that fiscal year, not more than 1.25 percent 

of those amounts for administrative expenses incurred in carrying 

out section 31102 of this title in that fiscal year. The Secretary 

shall use at least 75 percent of those deducted amounts to train 

non-Government employees and to develop related training materials in carrying out section 31102. 

ø(f) ALLOCATION CRITERIA AND ELIGIBILITY.—On October 1 of 

each fiscal year or as soon after that date as practicable and after 

making the deduction under subsection (e), the Secretary shall allocate amounts made available to carry out section 31102 for such 

fiscal year among the States with plans approved under section 

31102. Such allocation shall be made under such criteria as the 

Secretary prescribes by regulation. 

ø(g) PAYMENT TO STATES FOR COSTS.—Each State shall submit 

vouchers for costs the State incurs under this section and section 

31102 of this title. The Secretary shall pay the State an amount 

not more than the Government share of costs incurred as of the 

date of the vouchers. 

ø(h) INTRASTATE COMPATIBILITY.—The Secretary shall prescribe 

regulations specifying tolerance guidelines and standards for ensuring compatibility of intrastate commercial motor vehicle safety laws 

and regulations with Government motor carrier safety regulations 

to be enforced under section 31102(a) of this title. To the extent 

practicable, the guidelines and standards shall allow for maximum 

flexibility while ensuring the degree of uniformity that will not diminish transportation safety. In reviewing State plans and allocating amounts or making grants under section 153 of title 23, the 

Secretary shall ensure that the guidelines and standards are applied uniformly. 

ø(i) ADMINISTRATIVE EXPENSES.— 

ø(1) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated from the Highway Trust Fund (other 

than the Mass Transit Account) for the Secretary of Transportation to pay administrative expenses of the Federal Motor 

Carrier Safety Administration— 

ø(A) $254,849,000 for fiscal year 2005; 

ø(B) $213,000,000 for fiscal year 2006; 

ø(C) $223,000,000 for fiscal year 2007; 

ø(D) $228,000,000 for fiscal year 2008; 

ø(E) $234,000,000 for fiscal year 2009; 

ø(F) $239,828,000 for fiscal year 2010; 

ø(G) $244,144,000 for fiscal year 2011; and 


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ø(H) $122,072,000 for the period beginning on October 1, 

2011, and ending on March 31, 2012. 

ø(2) USE OF FUNDS.—The funds authorized by this subsection 

shall be used for personnel costs; administrative infrastructure; 

rent; information technology; programs for research and technology, information management, regulatory development, the 

administration of the performance and registration information 

system management, and outreach and education; other operating expenses; and such other expenses as may from time to 

time become necessary to implement statutory mandates of the 

Administration not funded from other sources. 

ø(j) AVAILABILITY OF FUNDS; CONTRACT AUTHORITY.— ø(1) PERIOD OF AVAILABILITY.—The amounts made available 

under this section shall remain available until expended. 

ø(2) INITIAL DATE OF AVAILABILITY.—Authorizations from the 

Highway Trust Fund (other than the Mass Transit Account) by 

this section shall be available for obligation on the date of their 

apportionment or allocation or on October 1 of the fiscal year 

for which they are authorized, whichever occurs first. 

ø(3) CONTRACT AUTHORITY.—Approval by the Secretary of a 

grant with funds made available under this section imposes 

upon the United States a contractual obligation for payment of 

the Government’s share of costs incurred in carrying out the 

objectives of the grant. 

ø(k) HIGH-PRIORITY ACTIVITIES.— ø(1) CRITERIA.—The Secretary shall establish safety performance criteria to be used to distribute high priority program 

funds under this subsection. 

ø(2) SET ASIDE.—The Secretary may set aside from amounts made available by subsection (a) up to $15,000,000 for each of 

fiscal years 2006 through 2011 and $7,500,000 for the period 

beginning on October 1, 2011, and ending on March 31, 2012, 

for States, local governments, and organizations representing 

government agencies or officials described in paragraph (3) for 

carrying out high priority activities and projects that improve 

commercial motor vehicle safety and compliance with commercial motor vehicle safety regulations (including activities and 

projects that are national in scope), increase public awareness 

and education, demonstrate new technologies, and reduce the 

number and rate of accidents involving commercial motor vehicles. 

ø(3) DESCRIPTION OF RECIPIENTS.—Amounts set aside under 

this subsection shall be allocated by the Secretary only to State 

agencies, local governments, and organizations representing 

government agencies or officials that use and train qualified officers and employees in coordination with State motor vehicle 

safety agencies. 

ø(4) LIMITATION.—At least 90 percent of the amounts set 

aside for a fiscal year under this subsection shall be awarded 

in grants to State agencies and local government agencies.¿ 

§ 31104. Availability of amounts 

(a) IN GENERAL.—There are authorized to be appropriated from 

Highway Trust Fund (other than the Mass Transit Account) for 


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Federal Motor Carrier Safety Administration programs the following: 

(1) COMPLIANCE, SAFETY, AND ACCOUNTABILITY GRANTS

UNDER SECTION 31102.— (A) $249,717,000 for fiscal year 2012, provided that the Secretary shall set aside not less than $168,388,000 to 

carry out the motor carrier safety assistance program under 

section 31102(b); and 

(B) $253,814,000 for fiscal year 2013, provided that the Secretary shall set aside not less than $171,813,000 to 

carry out the motor carrier safety assistance program under 

section 31102(b). 

(2) DATA AND TECHNOLOGY GRANTS UNDER SECTION 31109.— 

(A) $30,000,000 for fiscal year 2012; and 

(B) $30,000,000 for fiscal year 2013. 

(3) DRIVER SAFETY GRANTS UNDER SECTION 31313.— 

(A) $31,000,000 for fiscal year 2012; and 

(B) $31,000,000 for fiscal year 2013. 

(4) CRITERIA.—The Secretary shall develop criteria to allocate 

the remaining funds under paragraphs (1), (2), and (3) for fiscal year 2013 and for each fiscal year thereafter not later than 

April 1 of the prior fiscal year. 

(b) AVAILABILITY AND REALLOCATION OF AMOUNTS.— (1) ALLOCATIONS AND REALLOCATIONS.—Amounts made available under subsection (a)(1) remain available until expended. 

Allocations to a State remain available for expenditure in the 

State for the fiscal year in which they are allocated and for the 

next fiscal year. Amounts not expended by a State during those 

2 fiscal years are released to the Secretary for reallocation. 

(2) REDISTRIBUTION OF AMOUNTS.—The Secretary may, after 

August 1 of each fiscal year, upon a determination that a State 

does not qualify for funding under section 31102(b) or that the 

State will not expend all of its existing funding, reallocate the 

State’s funding. In revising the allocation and redistributing 

the amounts, the Secretary shall give preference to those States 

that require additional funding to meet program goals under 

section 31102(b). 

(3) PERIOD OF AVAILABILITY FOR DATA AND TECHNOLOGY

GRANTS.—Amounts made available under subsection (a)(2) remain available for obligation for the fiscal year and the next 2 

years in which they are appropriated. Allocations remain available for expenditure in the State for 5 fiscal years after they 

were obligated. Amounts not expended by a State during those 

3 fiscal years are released to the Secretary for reallocation. 

(4) PERIOD OF AVAILABILITY FOR DRIVER SAFETY GRANTS.— 

Amounts made available under subsection (a)(3) of this section 

remain available for obligation for the fiscal year and the next 

fiscal year in which they are appropriated. Allocations to a 

State remain available for expenditure in the State for the fiscal 

year in which they are allocated and for the following 2 fiscal 

years. Amounts not expended by a State during those 3 fiscal 

years are released to the Secretary for reallocation. 

(5) REALLOCATION.—The Secretary, upon a request by a State, 

may reallocate grant funds previously awarded to the State 


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under a grant program authorized by section 31102, 31109, or 

31313 to another grant program authorized by those sections 

upon a showing by the State that it is unable to expend the 

funds within the 12 months prior to their expiration provided 

that the State agrees to expend the funds within the remaining 

period of expenditure. 

(c) GRANTS AS CONTRACTUAL OBLIGATIONS.—Approval by the Secretary of a grant under sections 31102, 31109, and 31313 is a contractual obligation of the Government for payment of the Government’s share of costs incurred in developing and implementing programs to improve commercial motor vehicle safety and enforce commercial driver’s license regulations, standards, and orders. 

(d) DEDUCTION FOR ADMINISTRATIVE EXPENSES.— (1) IN GENERAL.—On October 1 of each fiscal year or as soon 

after that as practicable, the Secretary may deduct, from 

amounts made available under— 

(A) subsection (a)(1) for that fiscal year, not more than 

1.5 percent of those amounts for administrative expenses incurred in carrying out section 31102 in that fiscal year; 

(B) subsection (a)(2) for that fiscal year, not more than 

1.4 percent of those amounts for administrative expenses incurred in carrying out section 31109 in that fiscal year; 

and 

(C) subsection (a)(3) for that fiscal year, not more than 

1.4 percent of those amounts for administrative expenses incurred in carrying out section 31313 in that fiscal year. 

(2) TRAINING.—The Secretary may use at least 50 percent of 

the amounts deducted from the amounts made available under 

sections (a)(1) and (a)(3) to train non-Government employees 

and to develop related training materials to carry out sections 

31102, 31311, and 31313 of this title. 

(3) CONTRACTS.—The Secretary may use amounts deducted 

under paragraph (1) to enter into contracts and cooperative 

agreements with States, local governments, associations, institutions, corporations, and other persons, if the Secretary determines the contracts and cooperative agreements are cost-effective, benefit multiple jurisdictions of the United States, and enhance safety programs and related enforcement activities. 

(e) ALLOCATION CRITERIA AND ELIGIBILITY.— (1) On October 1 of each fiscal year or as soon as practicable 

after that date after making the deduction under subsection 

(d)(1)(A), the Secretary shall allocate amounts made available 

to carry out section 31102(b) for such fiscal year among the 

States with plans approved under that section. Allocation shall 

be made under the criteria prescribed by the Secretary. 

(2) On October 1 of each fiscal year or as soon as practicable 

after that date and after making the deduction under subsection (d)(1)(B) or (d)(1)(C), the Secretary shall allocate 

amounts made available to carry out sections 31109(a) and 

31313(b)(1). 

(f) INTRASTATE COMPATIBILITY.—The Secretary shall prescribe 

regulations specifying tolerance guidelines and standards for ensuring compatibility of intrastate commercial motor vehicle safety laws 

and regulations with Government motor carrier safety regulations to 


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be enforced under section 31102(b). To the extent practicable, the 

guidelines and standards shall allow for maximum flexibility while 

ensuring a degree of uniformity that will not diminish transportation safety. In reviewing State plans and allocating amounts or 

making grants under section 153 of title 23, United States Code, the 

Secretary shall ensure that the guidelines and standards are applied uniformly. 

(g) WITHHOLDING AMOUNTS FOR STATE NONCOMPLIANCE.— 

(1) IN GENERAL.—Subject to criteria established by the Secretary, the Secretary may withhold up to 100 percent of the 

amounts a State is otherwise eligible to receive under section 

31102(b) on October 1 of each fiscal year beginning after the 

date of enactment of the Commercial Motor Vehicle Safety Enhancement Act of 2011 and continuing for the period that the 

State does not comply substantially with a requirement under 

section 31109(b). 

(2) SUBSEQUENT AVAILABILITY OF WITHHELD FUNDS.—The 

Secretary may make the amounts withheld in accordance with 

paragraph (1) available to a State if the Secretary determines 

that the State has substantially complied with a requirement 

under section 31109(b) not later than 180 days after the beginning of the fiscal year in which the amounts are withheld. 

(h) ADMINISTRATIVE EXPENSES.— 

(1) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated from the Highway Trust Fund (other 

than the Mass Transit Account) for the Secretary to pay administrative expenses of the Federal Motor Carrier Safety Administration— 

(A) $250,819,000 for fiscal year 2012; and 

(B) $248,523,000 for fiscal year 2013. 

(2) USE OF FUNDS.—The funds authorized by this subsection 

shall be used for personnel costs, administrative infrastructure, 

rent, information technology, programs for research and technology, information management, regulatory development, the 

administration of the performance and registration information 

system management, outreach and education, other operating 

expenses, and such other expenses as may from time to time be 

necessary to implement statutory mandates of the Administration not funded from other sources. From the funds authorized 

by this subsection, the Secretary shall ensure that a review is 

completed on each motor carrier that demonstrates through performance data that it poses the highest safety risk. At a minimum, a review shall be conducted whenever a motor carrier is 

among the highest risk carriers for 2 consecutive months. 

(i) AVAILABILITY OF FUNDS.— 

(1) PERIOD OF AVAILABILITY.—The amounts made available 

under this section shall remain available until expended. 

(2) INITIAL DATE OF AVAILABILITY.—Authorizations from the 

Highway Trust Fund (other than the Mass Transit Account) for 

this section shall be available for obligation on the date of their 

apportionment or allocation or on October 1 of the fiscal year 

for which they are authorized, whichever occurs first. 


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§ 31106. Information systems 

(a) INFORMATION SYSTEMS AND DATA ANALYSIS.— (1) IN GENERAL.—Subject to the provisions of this section, the 

Secretary shall establish and operate motor carrier, commercial motor vehicle, and driver information systems and data 

analysis programs to support safety regulatory and enforcement activities required under this title. 

(2) NETWORK COORDINATION.—In cooperation with the 

States, the information systems under this section shall be coordinated into a network providing accurate identification of 

motor carriers and drivers, commercial motor vehicle registration and license tracking, and motor carrier, commercial motor 

vehicle, and driver safety performance data. 

(3) DATA ANALYSIS CAPACITY AND PROGRAMS.—The Secretary 

shall develop and maintain under this section data analysis capacity and programs that provide the means to— 

(A) identify and collect necessary motor carrier, commercial motor vehicle, and driver data; 

(B) evaluate the safety fitness of motor carriers and drivers; 

(C) develop strategies to mitigate safety problems and to 

use data analysis to address and measure the effectiveness 

of such strategies and related programs; 

(D) determine the cost-effectiveness of Federal and State 

safety compliance and enforcement programs and other 

countermeasures; 

(E) adapt, improve, and incorporate other information 

and information systems as the Secretary determines appropriate; 

(F) ensure, to the maximum extent practical, all the data 

is complete, timely, and accurate across all information 

systems and initiatives; øand¿ 

(G) establish and implement a national motor carrier 

safety data correction systemø.¿ ; and 

(H) determine whether a person or employer is or was related, through common ownership, common management, 

common control, or common familial relationship, to any 

other person, employer, or any other applicant for registration under section 13902 or 31134. 

(4) STANDARDS.—To implement this section, the Secretary 

shall prescribe technical and operational standards to ensure— 

(A) uniform, timely, and accurate information collection 

and reporting by the States and other entities as determined appropriate by the Secretary; 

(B) uniform Federal, State, and local policies and procedures necessary to operate the information system; and 

(C) the reliability and availability of the information to 

the Secretary and States. 

(b) PERFORMANCE AND REGISTRATION INFORMATION PROGRAM.— 

(1) INFORMATION CLEARINGHOUSE.—The Secretary shall include, as part of the motor carrier information system authorized by this section, a program to establish and maintain a 

clearinghouse and repository of information related to State 

registration and licensing of commercial motor vehicles, the 


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registrants of such vehicles, and the motor carriers operating 

such vehicles. The clearinghouse and repository may include 

information on the safety fitness of each of the motor carriers 

and registrants and other information the Secretary considers 

appropriate, including information on motor carrier, commercial motor vehicle, and driver safety performance. 

(2) DESIGN.—The program shall link Federal motor carrier 

safety information systems with State commercial vehicle registration and licensing systems and shall be designed to enable 

a State to— 

(A) determine the safety fitness of a motor carrier or registrant when licensing or registering the registrant or 

motor carrier or while the license or registration is in effect; and 

(B) deny, suspend, or revoke the commercial motor vehicle registrations of a motor carrier or registrant that has 

been issued an operations out-of-service order by the Secretary. 

(3) CONDITIONS FOR PARTICIPATION.—The Secretary shall require States, as a condition of participation in the program, 

to— 

(A) comply with the uniform policies, procedures, and 

technical and operational standards prescribed by the Secretary under subsection (a)(4); 

(B) possess or seek the authority to possess for a time 

period no longer than determined reasonable by the Secretary, to impose sanctions relating to commercial motor 

vehicle registration on the basis of a Federal safety fitness 

determination; and 

ø(C) establish and implement a process to cancel the 

motor vehicle registration and seize the registration plates 

of a vehicle when an employer is found liable under section 

31310(i)(2)(C) for knowingly allowing or requiring an employee to operate such a commercial motor vehicle in violation of an out-of-service order.¿ 

(C) establish and implement a process— 

(i) to cancel the motor vehicle registration and seize 

the registration plates of a vehicle when an employer is 

found liable under section 31310(j)(2)(C) for knowingly 

allowing or requiring an employee to operate such a 

commercial motor vehicle in violation of an out-of-service order; and 

(ii) to reinstate the vehicle registration or return the 

registration plates of the commercial motor vehicle, 

subject to sanctions under clause (i), if the Secretary 

permits such carrier to resume operations after the date 

of issuance of such order. 

ø(4) GRANTS.—From the funds authorized by section 

31104(i), the Secretary may make a grant in a fiscal year to 

a State to implement the performance and registration information system management requirements of this subsection.¿ 

(c) øCOMMERCIAL MOTOR VEHICLE DRIVER SAFETY PROGRAM.¿ 

(1) IN GENERAL.—In coordination with the information system 

under section 31309, the Secretary is authorized to establish a 


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program to improve commercial motor vehicle driver safety. 

The objectives of the program shall include— 

ø(1)¿ (A) enhancing the exchange of driver licensing information among the States, the Federal Government, and foreign 

countries; 

ø(2)¿ (B) providing information to the judicial system on 

commercial motor vehicle drivers; 

ø(3)¿ (C) evaluating any aspect of driver performance that 

the Secretary determines appropriate; and 

ø(4)¿ (D) developing appropriate strategies and countermeasures to improve driver safety. 

(2) ACCESS TO RECORDS.—The Secretary may require a State, 

as a condition of an award of grant money under this section, 

to provide the Secretary access to all State licensing status and 

driver history records via an electronic information system, subject to section 2721 of title 18. 

(d) COOPERATIVE AGREEMENTS, GRANTS, AND CONTRACTS.—The 

Secretary may carry out this section either independently or in cooperation with other Federal departments, agencies, and instrumentalities, or by making grants to, and entering into contracts 

and cooperative agreements with, States, local governments, associations, institutions, corporations, and other persons. 

ø(e)¿ (e)(1) INFORMATION AVAILABILITY AND PRIVACY PROTECTION

POLICY.—The Secretary shall develop a policy on making information available from the information systems authorized by this section and section 31309. The policy shall be consistent with existing 

Federal information laws, including regulations, and shall provide 

for review and correction of such information in a timely manner. 

(2) IN GENERAL.—Notwithstanding any prohibition on disclosure of information in section 31105(h) or 31143(b) of this title 

or section 552a of title 5, the Secretary may disclose information maintained by the Secretary pursuant to chapters 51, 135, 

311, or 313 of this title to appropriate personnel of a State 

agency or instrumentality authorized to carry out State commercial motor vehicle safety activities and commercial driver’s 

license laws, or appropriate personnel of a local law enforcement agency, in accordance with standards, conditions, and 

procedures as determined by the Secretary. Disclosure under 

this section shall not operate as a waiver by the Secretary of 

any applicable privilege against disclosure under common law 

or as a basis for compelling disclosure under section 552 of title 

5. 

ø§ 31109. Performance and registration information system 

management 

The Secretary of Transportation may make a grant to a State to 

implement the performance and registration information system 

management requirements of section 31106(b).¿ 

§ 31109. Data and technology grants 

(a) GENERAL AUTHORITY.—The Secretary of Transportation shall 

establish and administer a data and technology grant program to 

assist the States with the implementation and maintenance of data 


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systems. The Secretary shall allocate the funds in accordance with 

section 31104. 

(b) PERFORMANCE GOALS.—The Secretary may make a grant to a 

State to implement the performance and registration information 

system management requirements of section 31106(b) to develop, implement, and maintain commercial vehicle information systems and 

networks, and other innovative technologies that the Secretary determines improve commercial motor vehicle safety. 

(c) ELIGIBILITY.—To be eligible for a grant to implement the requirements of section 31106(b), the State shall design a program 

that— 

(1) links Federal motor carrier safety information systems 

with the State’s motor carrier information systems; 

(2) determines the safety fitness of a motor carrier or registrant when licensing or registering the registrant or motor 

carrier or while the license or registration is in effect; and 

(3) denies, suspends, or revokes the commercial motor vehicle 

registrations of a motor carrier or registrant that was issued an 

operations out-of-service order by the Secretary. 

(d) REQUIRED PARTICIPATION.—The Secretary shall require States 

that participate in the program under section 31106 to— 

(1) comply with the uniform policies, procedures, and technical and operational standards prescribed by the Secretary 

under section 31106(b); 

(2) possess or seek the authority to possess for a time period 

not longer than determined reasonable by the Secretary, to impose sanctions relating to commercial motor vehicle registration 

on the basis of a Federal safety fitness determination; and 

(3) establish and implement a process to cancel the motor vehicle registration and seize the registration plates of a vehicle 

when an employer is found liable under section 31310(j)(2)(C) 

for knowingly allowing or requiring an employee to operate 

such a commercial motor vehicle in violation of an out of service 

order. 

(e) FEDERAL SHARE.—The total Federal share of the cost of a 

project payable from all eligible Federal sources shall be at least 80 

percent. 

§ 31110. Withholding amounts for State noncompliance 

(a) FIRST FISCAL YEAR.—Subject to criteria established by the 

Secretary of Transportation, the Secretary may withhold up to 50 

percent of the amount a State is otherwise eligible to receive under 

section 31102(b) on the first day of the fiscal year after the first fiscal year following the date of enactment of the Commercial Motor 

Vehicle Safety Enhancement Act of 2011 in which the State uses for 

at least 180 days an electronic commercial motor vehicle inspection 

selection system that does not employ a selection methodology approved by the Secretary. 

(b) SECOND FISCAL YEAR.—The Secretary shall withhold up to 75 

percent of the amount a State is otherwise eligible to receive under 

section 31102(b) on the first day of the fiscal year after the second 

fiscal year following the date of enactment of the Commercial Motor 

Vehicle Safety Enhancement Act of 2011 in which the State uses for 

at least 180 days an electronic commercial motor vehicle inspection 


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selection system that does not employ a selection methodology approved by the Secretary. 

(c) SUBSEQUENT AVAILABILITY OF WITHHELD FUNDS.—The Secretary may make the amounts withheld under subsection (a) or subsection (b) available to the State if the Secretary determines that the 

State has substantially complied with the requirement described 

under subsection (a) or subsection (b) not later than 180 days after 

the beginning of the fiscal year in which amounts were withheld. 

SUBCHAPTER III. SAFETY REGULATION

§ 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 or gross vehicle 

weight of at least 10,001 pounds, whichever is greater; 

(B) is designed or used to transport more than 8 passengers (including the driver) for compensation; 

(C) is designed or used to transport more than 15 passengers, including the driver, and is not used to transport 

passengers for compensation; or 

(D) is used in transporting material found by the Secretary of Transportation to be hazardous under section 

5103 of this title and transported in a quantity requiring 

placarding under regulations prescribed by the Secretary 

under section 5103. 

(2) ‘‘employee’’ means an operator of a commercial motor vehicle (including an independent contractor when operating a 

commercial motor vehicle), a mechanic, a freight handler, or an 

individual not an employer, who— 

(A) directly affects commercial motor vehicle safety in 

the course of employment; and 

(B) is not an employee of the United States Government, 

a State, or a political subdivision of a State acting in the 

course of the employment by the Government, a State, or 

a political subdivision of a State. 

ø(3) ‘‘employer’’— 

ø(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 

ø(B) does not include 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— 

(i) owns or leases a commercial motor vehicle in connection with that business, or assigns an employee to 

operate the commercial motor vehicle; or 

(ii) offers for rent or lease a motor vehicle designed 

or used to transport more than 8 passengers, including 

the driver, and from the same location or as part of the 


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same business provides names or contact information 

of drivers, or holds itself out to the public as a charter 

bus company; but 

(B) does not include the Government, a State, or a political subdivision of a State. 

(4) ‘‘interstate commerce’’ means trade, traffic, or transportation in the United States between a place in a State and— 

(A) a place outside that State (including a place outside 

the United States); or 

(B) another place in the same State through another 

State or through a place outside the United States. 

(5) ‘‘intrastate commerce’’ means trade, traffic, or transportation in a State that is not interstate commerce. 

(6) ‘‘medical examiner’’ means an individual licensed, certified, or registered in accordance with regulations issued by 

the Federal Motor Carrier Safety Administration as a medical 

examiner. 

(7) ‘‘regulation’’ includes a standard or order. 

(8) ‘‘State’’ means a State of the United States, the District 

of Columbia, and, in sections 31136 and 31140-31142 of this 

title, a political subdivision of a State. 

(9) ‘‘State law’’ includes a law enacted by a political subdivision of a State. 

(10) ‘‘State regulation’’ includes a regulation prescribed by a 

political subdivision of a State. 

(11) ‘‘United States’’ means the States of the United States 

and the District of Columbia. 

§ 31134. Requirement for registration and USDOT number 

(a) IN GENERAL.—Upon application, and subject to subsections (b) 

and (c), the Secretary shall register an employer or person subject 

to the safety jurisdiction of this subchapter. An employer or person 

may operate a commercial motor vehicle in interstate commerce only 

if the employer or person is registered by the Secretary under this 

section and receives a USDOT number. Nothing in this section shall 

preclude registration by the Secretary of an employer or person not 

engaged in interstate commerce. An employer or person subject to 

jurisdiction under subchapter I of chapter 135 of this title shall 

apply for commercial registration under section 13902 of this title. 

(b) WITHHOLDING REGISTRATION.—The Secretary may withhold 

registration under subsection (a), after notice and an opportunity for 

a proceeding, if the Secretary determines that— 

(1) the employer or person seeking registration is unwilling or 

unable to comply with the requirements of this subchapter and 

the regulations prescribed thereunder and chapter 51 and the 

regulations prescribed thereunder; 

(2) the employer or person is or was related through common 

ownership, common management, common control, or common 

familial relationship to any other person or applicant for registration subject to this subchapter who is or was unfit, unwilling, or unable to comply with the requirements listed in subsection (b)(1); or 


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(3) the person is the successor, as defined in section 31153, to 

a person who is or was unfit, unwilling, or unable to comply 

with the requirements listed in subsection (b)(1). 

(c) REVOCATION OR SUSPENSION OF REGISTRATION.—The Secretary shall revoke the registration of an employer or person under 

subsection (a) after notice and an opportunity for a proceeding, or 

suspend the registration after giving notice of the suspension to the 

employer or person, if the Secretary determines that— 

(1) the employer’s or person’s authority to operate pursuant to 

chapter 139 of this title would be subject to revocation or suspension under sections 13905(d)(1) or 13905(f) of this title; 

(2) the employer or person is or was related through common 

ownership, common management, common control, or common 

familial relationship to any other person or applicant for registration subject to this subchapter that the Secretary determines is or was unfit, unwilling, or unable to comply with the 

requirements listed in subsection (b)(1); 

(3) the person is the successor, as defined in section 31153, to 

a person the Secretary determines is or was unfit, unwilling, or 

unable to comply with the requirements listed in subsection 

(b)(1); or 

(4) the employer or person failed or refused to submit to the 

safety review required by section 31144(g) of this title. 

(d) PERIODIC REGISTRATION UPDATE.—The Secretary may require 

an employer to update a registration under this section periodically 

or not later than 30 days after a change in the employer’s address, 

other contact information, officers, process agent, or other essential 

information, as determined by the Secretary. 

§ 31135. Duties of employers and employees 

(a) IN GENERAL.—Each employer and employee shall comply with 

regulations on commercial motor vehicle safety prescribed by the 

Secretary of Transportation under this subchapter that apply to 

the employer’s or employee’s conduct. 

ø(b) PATTERN OF NONCOMPLIANCE.—If the Secretary finds that 

an officer of a motor carrier engages or has engaged in a pattern 

or practice of avoiding compliance, or masking or otherwise concealing noncompliance, with regulations on commercial motor vehicle safety prescribed under this subchapter, while serving as an officer of any motor carrier, the Secretary may suspend, amend, or 

revoke any part of the motor carrier’s registration under section 

13905.¿ 

(b) NONCOMPLIANCE.— 

(1) MOTOR CARRIERS.—Two or more motor carriers, employers, or persons shall not use common ownership, common management, common control, or common familial relationship to 

enable any or all such motor carriers, employers, or persons to 

avoid compliance, or mask or otherwise conceal non-compliance, 

or a history of non-compliance, with regulations prescribed 

under this subchapter or an order of the Secretary issued under 

this subchapter. 

(2) PATTERN.—If the Secretary finds that a motor carrier, employer, or person engaged in a pattern or practice of avoiding 

compliance, or masking or otherwise concealing noncompliance, 


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with regulations prescribed under this subchapter, the Secretary— 

(A) may withhold, suspend, amend, or revoke any part of 

the motor carrier’s, employer’s, or person’s registration in 

accordance with section 13905 or 31134; and 

(B) shall take into account such non-compliance for purposes of determining civil penalty amounts under section 

521(b)(2)(D). 

(3) OFFICERS.—If the Secretary finds, after notice and an opportunity for proceeding, that an officer of a motor carrier, employer, or owner or operator engaged in a pattern or practice of 

violating regulations prescribed under this subchapter, or assisted a motor carrier, employer, or owner or operator in avoiding compliance, or masking or otherwise concealing noncompliance, the Secretary may impose appropriate sanctions, subject 

to the limitations in paragraph (4), including— 

(A) suspension or revocation of registration granted to the 

officer individually under section 13902 or 31134; 

(B) temporary or permanent suspension or bar from association with any motor carrier, employer, or owner or operator registered under section 13902 or 31134; or 

(C) any appropriate sanction approved by the Secretary. 

(4) LIMITATIONS.—The sanctions described in subparagraphs 

(A) through (C) of subsection (b)(3) shall apply to— 

(A) intentional or knowing conduct, including reckless 

conduct that violates applicable laws (including regulations); and 

(B) repeated instances of negligent conduct that violates 

applicable laws (including regulations). 

ø(c) REGULATIONS.—Not later than 1 year after the date of enactment of this subsection, the Secretary shall by regulation establish 

standards to implement subsection (b).¿ 

(c) AVOIDING COMPLIANCE.—For purposes of this section, ‘‘avoiding compliance’’ or ‘‘masking or otherwise concealing noncompliance’’ includes serving as an officer or otherwise exercising controlling influence over 2 or more motor carriers where— 

(1) one of the carriers was placed out of service, or received 

notice from the Secretary that it will be placed out of service, 

following— 

(A) a determination of unfitness under section 31144(b); 

(B) a suspension or revocation of registration under section 13902, 13905, or 31144(g); 

(C) issuance of an imminent hazard out of service order 

under section 521(b)(5) or section 5121(d); or 

(D) notice of failure to pay a civil penalty or abide by a 

penalty payment plan; and 

(2) one or more of the carriers is the ‘‘successor,’’ as that term 

is defined in section 31153, to the carrier that is the subject of 

the action in paragraph (1). 

(d) DEFINITIONS.—In this section, the following definitions apply: 

(1) MOTOR CARRIER.—The term ‘‘motor carrier’’ has the 

meaning such term has under section 13102. 

(2) OFFICER.—The term ‘‘officer’’ means an owner, director, 

chief executive officer, chief operating officer, chief financial ofVerDate Mar 15 2010 23:11 Nov 14, 2012 Jkt 029010 PO 00000 Frm 00117 Fmt 6604 Sfmt 6602 E:\HR\OC\SR238.XXX SR238

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ficer, safety director, vehicle maintenance supervisor, and driver supervisor of a motor carrier, regardless of the title attached 

to those functions, and any person, however designated, exercising controlling influence over the operations of a motor carrier. 

§ 31136. United States Government regulations 

(a) MINIMUM SAFETY STANDARDS.—Subject to section 30103(a) of 

this title, the Secretary of Transportation shall prescribe regulations on commercial motor vehicle safety. The regulations shall prescribe minimum safety standards for commercial motor vehicles. At 

a minimum, the regulations shall ensure that— 

(1) commercial motor vehicles are maintained, equipped, 

loaded, and operated safely; 

(2) the responsibilities imposed on operators of commercial 

motor vehicles do not impair their ability to operate the vehicles safely; 

(3) the physical condition of operators of commercial motor 

vehicles is adequate to enable them to operate the vehicles 

safely and the periodic physical examinations required of such 

operators are performed by medical examiners who have received training in physical and medical examination standards 

and, after the national registry maintained by the Department 

of Transportation under section 31149(d) is established, are 

listed on such registry; øand¿ 

(4) the operation of commercial motor vehicles does not have 

a deleterious effect on the physical condition of the 

operatorsø.¿ ; and 

(5) an operator of a commercial motor vehicle is not coerced 

by a motor carrier, shipper, receiver, or transportation intermediary to operate a commercial motor vehicle in violation of 

a regulation promulgated under this section, or chapter 51 or 

chapter 313 of this title. 

* * * * * * * 

ø§ 31137. Monitoring device and brake maintenance regulations¿ 

§ 31137. Electronic on-board recording devices and brake 

maintenance regulations 

ø(a) USE OF MONITORING DEVICES.—If the Secretary of Transportation prescribes a regulation about the use of monitoring devices 

on commercial motor vehicles to increase compliance by operators 

of the vehicles with hours of service regulations of the Secretary, 

the regulation shall ensure that the devices are not used to harass 

vehicle operators. However, the devices may be used to monitor 

productivity of the operators.¿ 

(a) ELECTRONIC ON-BOARD RECORDING DEVICES.—Not later than 

1 year after the date of enactment of the Commercial Motor Vehicle 

Safety Enhancement Act of 2011, the Secretary of Transportation 

shall prescribe regulations— 

(1) requiring a commercial motor vehicle involved in interstate commerce and operated by a driver subject to the hours 

of service and the record of duty status requirements under part 


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395 of title 49, Code of Federal Regulations, be equipped with 

an electronic on-board recording device to improve compliance 

by an operator of a vehicle with hours of service regulations prescribed by the Secretary; and 

(2) ensuring that an electronic on-board recording device is 

not used to harass a vehicle operator. 

(b) ELECTRONIC ON-BOARD RECORDING DEVICE REQUIREMENTS.— (1) IN GENERAL.—The regulations prescribed under subsection 

(a) shall— 

(A) require an electronic on-board recording device— 

(i) to accurately record commercial driver hours of 

service; 

(ii) to record the location of a commercial motor vehicle; 

(iii) to be tamper resistant; and 

(iv) to be integrally synchronized with an engine’s 

control module; 

(B) allow law enforcement to access the data contained in 

the device during a roadside inspection; and 

(C) apply to a commercial motor vehicle beginning on the 

date that is 2 years after the date that the regulations are 

published as a final rule. 

(2) PERFORMANCE AND DESIGN STANDARDS.—The regulations 

prescribed under subsection (a) shall establish performance 

standards— 

(A) defining a standardized user interface to aid vehicle 

operator compliance and law enforcement review; 

(B) establishing a secure process for standardized— 

(i) and unique vehicle operator identification; 

(ii) data access; 

(iii) data transfer for vehicle operators between motor 

vehicles; 

(iv) data storage for a motor carrier; and 

(v) data transfer and transportability for law enforcement officials; 

(C) establishing a standard security level for an electronic on-board recording device and related components to 

be tamper resistant by using a methodology endorsed by a 

nationally recognized standards organization; and 

(D) identifying each driver subject to the hours of service 

and record of duty status requirements under part 395 of 

title 49, Code of Federal Regulations. 

(c) CERTIFICATION CRITERIA.— 

(1) IN GENERAL.—The regulations prescribed by the Secretary 

under this section shall establish the criteria and a process for 

the certification of an electronic on-board recording device to ensure that the device meets the performance requirements under 

this section. 

(2) EFFECT OF NONCERTIFICATION.—An electronic on-board 

recording device that is not certified in accordance with the certification process referred to in paragraph (1) shall not be acceptable evidence of hours of service and record of duty status 

requirements under part 395 of title 49, Code of Federal Regulations. 


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(d) ELECTRONIC ON-BOARD RECORDING DEVICE DEFINED.—In this 

section, the term ‘‘electronic on-board recording device’’ means an 

electronic device that— 

(1) is capable of recording a driver’s hours of service and duty 

status accurately and automatically; and 

(2) meets the requirements established by the Secretary 

through regulation. 

ø(b)¿ (e) BRAKES AND BRAKE SYSTEMS MAINTENANCE REGULATIONS.—øNot later than December 31, 1990, the Secretary shall 

prescribe¿ The Secretary shall maintain regulations on improved 

standards or methods to ensure that brakes and brake systems of 

commercial motor vehicles are maintained properly and inspected 

by appropriate employees. At a minimum, the regulations shall establish minimum training requirements and qualifications for employees responsible for maintaining and inspecting the brakes and 

brake systems. 

§ 31144. Safety fitness of owners and operators 

(a) IN GENERAL.—The Secretary shall— 

(1) determine whether an owner or operator is fit to operate 

safely commercial motor vehicles, utilizing among other things 

the accident record of an owner or operator operating in interstate commerce and the accident record and safety inspection 

record of such owner or operator— 

(A) in operations that affect interstate commerce within 

the United States; and 

(B) in operations in Canada and Mexico if the owner or 

operator also conducts operations within the United 

States; 

(2) periodically update such safety fitness determinations; 

(3) make such final safety fitness determinations readily 

available to the public; and 

(4) prescribe by regulation penalties for violations of this section consistent with section 521. 

(b) PROCEDURE.—The Secretary shall maintain by regulation a 

procedure for determining the safety fitness of an owner or operator. The procedure shall include, at a minimum, the following elements: 

(1) Specific initial and continuing requirements with which 

an owner or operator must comply to demonstrate safety fitness. 

(2) A methodology the Secretary will use to determine 

whether an owner or operator is fit. 

(3) Specific time frames within which the Secretary will determine whether an owner or operator is fit. 

(c) PROHIBITED TRANSPORTATION.— 

(1) IN GENERAL.—Except as provided in section 521(b)(5)(A) 

and this subsection, an owner or operator who the Secretary 

determines is not fit may not operate commercial motor vehicles in interstate commerce beginning on the 61st day after the 

date of such fitness determination and until the Secretary determines such owner or operator is fit, and such period shall 

be for not less than 10 days. 


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(2) OWNERS OR OPERATORS TRANSPORTING PASSENGERS.— With regard to owners or operators of commercial motor vehicles designed or used to transport passengers, an owner or operator who the Secretary determines is not fit may not operate 

in interstate commerce beginning on the 46th day after the 

date of such fitness determination and until the Secretary determines such owner or operator is fit, and such period shall 

be for not less than 10 days. (3) OWNERS OR OPERATORS TRANSPORTING HAZARDOUS MATE- RIAL.—With regard to owners or operators of commercial motor 

vehicles designed or used to transport hazardous material for 

which placarding of a motor vehicle is required under regulations prescribed under chapter 51, an owner or operator who 

the Secretary determines is not fit may not operate in interstate commerce beginning on the 46th day after the date of 

such fitness determination and until the Secretary determines 

such owner or operator is fit, and such period shall be for not 

less than 10 days. A violation of this paragraph by an owner 

or operator transporting hazardous material shall be considered a violation of chapter 51, and shall be subject to the penalties in sections 5123 and 5124. 

(4) SECRETARY’S DISCRETION.—Except for owners or operators 

described in paragraphs (2) and (3), the Secretary may allow 

an owner or operator who is not fit to continue operating for 

an additional 60 days after the 61st day after the date of the 

Secretary’s fitness determination, if the Secretary determines 

that such owner or operator is making a good faith effort to become fit. 

(5) TRANSPORTATION AFFECTING INTERSTATE COMMERCE.— Owners or operators of commercial motor vehicles prohibited 

from operating in interstate commerce pursuant to paragraphs 

(1) through (3) of this section may not operate any commercial 

motor vehicle that affects interstate commerce until the Secretary determines that such owner or operator is fit. 

(d) DETERMINATION OF UNFITNESS BY STATE.—If a State that receives motor carrier safety assistance program funds under section 

31102 determines, by applying the standards prescribed by the Secretary under subsection (b), that an owner or operator of a commercial motor vehicle that has its principal place of business in that 

State and operates in intrastate commerce is unfit under such 

standards and prohibits the owner or operator from operating such 

vehicle in the State, the Secretary shall prohibit the owner or operator from operating such vehicle in interstate commerce until the 

State determines that the owner or operator is fit. 

(e) REVIEW OF FITNESS DETERMINATIONS.— 

(1) IN GENERAL.—Not later than 45 days after an unfit owner 

or operator requests a review, the Secretary shall review such 

owner’s or operator’s compliance with those requirements with 

which the owner or operator failed to comply and resulted in 

the Secretary determining that the owner or operator was not 

fit. 

(2) OWNERS OR OPERATORS TRANSPORTING PASSENGERS.—Not 

later than 30 days after an unfit owner or operator of commercial motor vehicles designed or used to transport passengers 


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requests a review, the Secretary shall review such owner’s or 

operator’s compliance with those requirements with which the 

owner or operator failed to comply and resulted in the Secretary determining that the owner or operator was not fit. 

(3) OWNERS OR OPERATORS TRANSPORTING HAZARDOUS MATERIAL.—Not later than 30 days after an unfit owner or operator 

of commercial motor vehicles designed or used to transport 

hazardous material for which placarding of a motor vehicle is 

required under regulations prescribed under chapter 51, the 

Secretary shall review such owner’s or operator’s compliance 

with those requirements with which the owner or operator 

failed to comply and resulted in the Secretary determining that 

the owner or operator was not fit. 

(f) PROHIBITED GOVERNMENT USE.—A department, agency, or instrumentality of the United States Government may not use to provide any transportation service an owner or operator who the Secretary has determined is not fit until the Secretary determines 

such owner or operator is fit. 

(g) SAFETY REVIEWS OF NEW OPERATORS.— 

ø(1) IN GENERAL.—The Secretary shall require, by regulation, each owner and each operator granted new operating authority, after the date on which section 31148(b) is first implemented, to undergo a safety review within the first 18 months 

after the owner or operator, as the case may be, begins operations under such authority.¿ 

(1) SAFETY REVIEW.— 

(A) IN GENERAL.—The Secretary shall require, by regulation, each owner and each operator transporting property 

granted new registration under section 13902 or 31134 to 

undergo a safety review not later than 12 months after the 

owner or operator, as the case may be, begins operations 

under such registration. 

(B) PROVIDERS OF MOTORCOACH SERVICES.—The Secretary may register a person to provide motorcoach services 

under section 13902 or 31134 after the person undergoes a 

pre-authorization safety audit, including verification, in a 

manner sufficient to demonstrate the ability to comply with 

Federal rules and regulations, as described in section 

13902. The Secretary shall continue to monitor the safety 

performance of each owner and each operator subject to 

this section for 12 months after the owner or operator is 

granted registration under section 13902 or 31134. The registration of each owner and each operator subject to this 

section shall become permanent after the motorcoach service provider is granted registration following a pre-authorization safety audit and the expiration of the 12 month 

monitoring period. 

(C) PRE-AUTHORIZATION SAFETY AUDIT.—The Secretary 

may require, by regulation, that the pre-authorization safety audit under subparagraph (B) be completed on-site not 


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4 The amendment to section 31144(g)(1) takes effect 1 year after the date of enactment of the 

Commercial Motor Vehicle Safety Enhancement Act of 2011. 

later than 90 days after the submission of an application 

for operating authority.4

(2) ELEMENTS.—In the regulations issued pursuant to paragraph (1), the Secretary shall establish the elements of the 

safety review, including basic safety management controls. In 

establishing such elements, the Secretary shall consider their 

effects on small businesses and shall consider establishing alternate locations where such reviews may be conducted for the 

convenience of small businesses. 

(3) PHASE-IN OF REQUIREMENT.—The Secretary shall phase 

in the requirements of paragraph (1) in a manner that takes 

into account the availability of certified motor carrier safety 

auditors. 

(4) NEW ENTRANT AUTHORITY.—Notwithstanding any other 

provision of this title, any new operating authority granted 

after the date on which section 31148(b) is first implemented 

shall be designated as new entrant authority until the safety 

review required by paragraph (1) is completed. 

(5) NEW ENTRANT AUDITS.— 

(A) GRANTS.—The Secretary may make grants to States 

and local governments for new entrant motor carrier audits under this subsection without requiring a matching 

contribution from such States and local governments. 

(B) SET ASIDE.—The Secretary shall set aside from 

amounts made available by section 31104(a) up to 

$29,000,000 per fiscal year and up to $14,500,000 for the 

period beginning on October 1, 2011, and ending on March 

31, 2012, for audits of new entrant motor carriers conducted pursuant to this paragraph. 

(C) DETERMINATION.—If the Secretary determines that a 

State or local government is not able to use government 

employees to conduct new entrant motor carrier audits, 

the Secretary may use the funds set aside under this paragraph to conduct audits for such States or local governments. 

(6) ADDITIONAL REQUIREMENTS FOR HOUSEHOLD GOODS

MOTOR CARRIERS.— 

(A) In addition to the requirements of this subsection, the 

Secretary shall require, by regulation, each registered 

household goods motor carrier to undergo a consumer protection standards review not later than 18 months after the 

household goods motor carrier begins operations under 

such authority. 

(B) ELEMENTS.—In the regulations issued pursuant to 

subparagraph (A), the Secretary shall establish the elements of the consumer protections standards review, including basic management controls. In establishing the elements, the Secretary shall consider the effects on small 

businesses and shall consider establishing alternate locaVerDate Mar 15 2010 23:11 Nov 14, 2012 Jkt 029010 PO 00000 Frm 00123 Fmt 6604 Sfmt 6603 E:\HR\OC\SR238.XXX SR238

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5 The amendment adding paragraph (6) to section 31144(g) takes effect 2 years after the date 

of enactment of the Commercial Motor Vehicle Safety Enhancement Act of 2011. 

tions where such reviews may be conducted for the convenience of small businesses.5

(h) RECOGNITION OF CANADIAN MOTOR CARRIER SAFETY FITNESS

DETERMINATIONS.— 

(1) If an authorized agency of the Canadian federal government or a Canadian Territorial or Provincial government determines, by applying the procedure and standards prescribed by 

the Secretary under subsection (b) or pursuant to an agreement 

under paragraph (2), that a Canadian employer is unfit and 

prohibits the employer from operating a commercial motor vehicle in Canada or any Canadian Province, the Secretary may 

prohibit the employer from operating such vehicle in interstate 

and foreign commerce until the authorized Canadian agency 

determines that the employer is fit. 

(2) The Secretary may consult and participate in negotiations 

with authorized officials of the Canadian federal government or 

a Canadian Territorial or Provincial government, as necessary, 

to provide reciprocal recognition of each country’s motor carrier 

safety fitness determinations. An agreement shall provide, to the 

maximum extent practicable, that each country will follow the 

procedure and standards prescribed by the Secretary under subsection (b) in making motor carrier safety fitness determinations. 

(i) COMMERCIAL MOTOR VEHICLE DRIVERS.—The Secretary may 

maintain by regulation a procedure for determining the safety fitness of a commercial motor vehicle driver and for prohibiting the 

driver from operating in interstate commerce. The procedure and 

prohibition shall include the following: 

(1) Specific initial and continuing requirements that a driver 

must comply with to demonstrate safety fitness. 

(2) The methodology and continually updated safety performance data that the Secretary will use to determine whether a 

driver is fit, including inspection results, serious traffic offenses, 

and crash involvement data. 

(3) Specific time frames within which the Secretary will determine whether a driver is fit. 

(4) A prohibition period or periods, not to exceed 1 year, that 

a driver that the Secretary determines is not fit will be prohibited from operating a commercial motor vehicle in interstate 

commerce. The period or periods shall begin on the 46th day 

after the date of the fitness determination and continue until 

the Secretary determines the driver is fit or until the prohibition 

period expires. 

(5) A review by the Secretary, not later than 30 days after an 

unfit driver requests a review, of the driver’s compliance with 

the requirements the driver failed to comply with and that resulted in the Secretary determining that the driver was not fit. 

The burden of proof shall be on the driver to demonstrate fitness. 

(6) The eligibility criteria for reinstatement, including the remedial measures the unfit driver must take for reinstatement. 


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(j) PERIODIC SAFETY REVIEWS OF PROVIDERS OF MOTORCOACH

SERVICES.— (1) SAFETY REVIEW.— (A) IN GENERAL.—The Secretary shall— 

(i) determine the safety fitness of all providers of motorcoach services registered with the Federal Motor 

Carrier Safety Administration; and 

(ii) assign a safety fitness rating to each such provider. 

(B) APPLICABILITY.—Subparagraph (A) shall apply— 

(i) to any provider of motorcoach services registered 

with the Administration after the date of enactment of 

the Motorcoach Enhanced Safety Act of 2011 beginning 

not later than 2 years after the date of such registration; and 

(ii) to any provider of motorcoach services registered 

with the Administration on or before the date of enactment of that Act beginning not later than 3 years after 

the date of enactment of that Act. 

(2) PERIODIC REVIEW.—The Secretary shall establish, by regulation, a process for monitoring the safety performance of each 

provider of motorcoach services on a regular basis following the 

assignment of a safety fitness rating, including progressive 

intervention to correct unsafe practices. 

(3) ENFORCEMENT STRIKE FORCES.—In addition to the enhanced monitoring and enforcement actions required under 

paragraph (2), the Secretary may organize special enforcement 

strike forces targeting providers of motorcoach services. 

(4) PERIODIC UPDATE OF SAFETY FITNESS RATING.—In conducting the safety reviews required under this subsection, the 

Secretary shall reassess the safety fitness rating of each provider not less frequently than once every 3 years. 

(5) MOTORCOACH SERVICES DEFINED.—In this subsection, the 

term ‘‘provider of motorcoach services’’ has the meaning given 

such term in section 702 of the Motorcoach Enhanced Safety 

Act of 2011. 

§ 31149. Medical program 

(a) MEDICAL REVIEW BOARD.— (1) ESTABLISHMENT AND FUNCTION.—The Secretary of Transportation shall establish a Medical Review Board to provide 

the Federal Motor Carrier Safety Administration with medical 

advice and recommendations on medical standards and guidelines for the physical qualifications of operators of commercial 

motor vehicles, medical examiner education, and medical research. 

(2) COMPOSITION.—The Medical Review Board shall be appointed by the Secretary and shall consist of 5 members selected from medical institutions and private practice. The 

membership shall reflect expertise in a variety of medical specialties relevant to the driver fitness requirements of the Federal Motor Carrier Safety Administration. 

(b) CHIEF MEDICAL EXAMINER.—The Secretary shall appoint a 

chief medical examiner who shall be an employee of the Federal 


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Motor Carrier Safety Administration and who shall hold a position 

under section 3104 of title 5, United States Code, relating to employment of specially qualified scientific and professional personnel, 

and shall be paid under section 5376 of title 5, United States Code, 

relating to pay for certain senior-level positions. 

(c) MEDICAL STANDARDS AND REQUIREMENTS.— 

(1) IN GENERAL.—The Secretary, with the advice of the Medical Review Board and the chief medical examiner, shall— 

(A) establish, review, and revise— 

(i) medical standards for operators of commercial 

motor vehicles that will ensure that the physical condition of operators of commercial motor vehicles is 

adequate to enable them to operate the vehicles safely; 

and 

(ii) requirements for periodic physical examinations 

of such operators performed by medical examiners who 

have, at a minimum, self-certified that they have completed training in physical and medical examination 

standards and are listed on a national registry maintained by the Department of Transportation; 

(B) require each such operator to have a current valid 

medical certificate; 

(C) conduct periodic reviews of a select number of medical examiners on the national registry to ensure that 

proper examinations of such operators are being conducted; 

ø(D) develop, as appropriate, specific courses and materials for medical examiners listed in the national registry 

established under this section, and require those medical 

examiners to, at a minimum, self-certify that they have 

completed specific training, including refresher courses, to 

be listed in the registry;¿ 

(D) not later than 1 year after enactment of the Commercial Motor Vehicle Safety Enhancement Act of 2011, develop requirements for a medical examiner to be listed in 

the national registry under this section, including— 

(i) the completion of specific courses and materials; 

(ii) certification, including self-certification, if the 

Secretary determines that self-certification is necessary 

for sufficient participation in the national registry, to 

verify that a medical examiner completed specific training, including refresher courses, that the Secretary determines necessary to be listed in the national registry; 

(iii) an examination that requires a passing grade; 

and 

(iv) demonstration of a medical examiner’s willingness to meet the reporting requirements established by 

the Secretary; 

(E) require medical examiners to transmit the name of 

the applicant and numerical identifier, as determined by 

the Administrator of the Federal Motor Carrier Safety Administration, for any completed medical examination report required under section 391.43 of title 49, Code of FedVerDate Mar 15 2010 23:11 Nov 14, 2012 Jkt 029010 PO 00000 Frm 00126 Fmt 6604 Sfmt 6602 E:\HR\OC\SR238.XXX SR238

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6 The amendments to subparagraphs (E), (F), and (G) of section 31149(c)(1), United States 

Code, take effect on the date oversight policies and procedures are established under section 

303(c)(2)(A) of the Commercial Motor Vehicle Safety Enhancement Act of 2011. 

eral Regulations, electronically to the chief medical examiner on monthly basis; øand¿ 

(F) periodically review a representative sample of the 

medical examination reports associated with the name and 

numerical identifiers of applicants transmitted under subparagraph (E) for errors, omissions, or other indications of 

improper certificationø.¿ ; and 

(G) annually review the implementation of commercial 

driver’s license requirements by not fewer than 10 States to 

assess the accuracy, validity, and timeliness of— 

(i) the submission of physical examination reports 

and medical certificates to State licensing agencies; 

and 

(ii) the processing of the submissions by State licensing agencies.6

(2) MONITORING PERFORMANCE.—The Secretary shall investigate patterns of errors or improper certification by a medical 

examiner. If the Secretary finds that a medical examiner has 

issued a medical certificate to an operator of a commercial 

motor vehicle who fails to meet the applicable standards at the 

time of the examination or that a medical examiner has falsely 

claimed to have completed training in physical and medical examination standards as required by this section, the Secretary 

may remove such medical examiner from the registry and may 

void the medical certificate of the applicant or holder. 

(d) NATIONAL REGISTRY OF MEDICAL EXAMINERS.—The Secretary, 

acting through the Federal Motor Carrier Safety Administration— 

(1) shall establish and maintain a current national registry 

of medical examiners who are qualified to perform examinations and issue medical certificates; 

(2) shall remove from the registry the name of any medical 

examiner that fails to meet or maintain the qualifications established by the Secretary for being listed in the registry or 

otherwise does not meet the requirements of this section or 

regulation issued under this section; 

(3) shall accept as valid only medical certificates issued by 

persons on the national registry of medical examiners; and 

(4) may make participation of medical examiners in the national registry voluntary if such a change will enhance the 

safety of operators of commercial motor vehicles. 

(e) REGULATIONS.—The Secretary shall issue such regulations as 

may be necessary to carry out this section. 

§ 31151. Roadability 

(a) INSPECTION, REPAIR, AND MAINTENANCE OF INTERMODAL

EQUIPMENT.— 

ø(1) IN GENERAL.—Not later than 1 year after the date of enactment of this section, the Secretary of Transportation, after 

providing notice and opportunity for comment, shall issue regulations establishing a program to ensure that intermodal 


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equipment used to transport intermodal containers is safe and 

systematically maintained.¿ 

(1) IN GENERAL.—The Secretary of Transportation shall 

maintain a program to ensure that intermodal equipment used 

to transport intermodal containers is safe and systematically 

maintained. 

(2) INTERMODAL EQUIPMENT SAFETY REGULATIONS.—The Secretary shall issue the regulations under this section as a subpart of the Federal motor carrier safety regulations. 

(3) CONTENTS.—The regulations issued under this section 

shall include, at a minimum— 

(A) a requirement to identify intermodal equipment providers responsible for the inspection and maintenance of 

intermodal equipment that is interchanged or intended for 

interchange to motor carriers in intermodal transportation; 

(B) a requirement to match intermodal equipment readily to an intermodal equipment provider through a unique 

identifying number; 

(C) a requirement that an intermodal equipment provider identified under subparagraph (A) systematically inspect, repair, and maintain, or cause to be systematically 

inspected, repaired, and maintained, intermodal equipment described in subparagraph (A) that is intended for 

interchange with a motor carrier; 

(D) a requirement to ensure that each intermodal equipment provider identified under subparagraph (A) maintains a system of maintenance and repair records for such 

equipment; 

(E) requirements that— 

(i) a specific list of intermodal equipment components or items be identified for the visual or audible 

inspection of which a driver is responsible before operating the equipment over the road; and 

(ii) the inspection under clause (i) be conducted as 

part of the Federal requirement in effect on the date 

of enactment of this section that a driver be satisfied 

that the intermodal equipment components are in 

good working order before the equipment is operated 

over the road; 

(F) a requirement that a facility at which an intermodal 

equipment provider regularly makes intermodal equipment 

available for interchange have an operational process and 

space readily available for a motor carrier to have an 

equipment defect identified pursuant to subparagraph (E) 

repaired or the equipment replaced prior to departure; 

(G) a program for the evaluation and audit of compliance 

by intermodal equipment providers with applicable Federal motor carrier safety regulations; 

(H) a civil penalty structure consistent with section 

521(b) of title 49, United States Code, for intermodal 

equipment providers that fail to attain satisfactory compliance with applicable Federal motor carrier safety regulations; and 


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(I) a prohibition on intermodal equipment providers from 

placing intermodal equipment in service on the public 

highways to the extent such providers or their equipment 

are found to pose an imminent hazard; 

(J) a process by which motor carriers and agents of 

motor carriers shall be able to request the Federal Motor 

Carrier Safety Administration to undertake an investigation of an intermodal equipment provider identified under 

subparagraph (A) that is alleged to be not in compliance 

with the regulations under this section; 

(K) a process by which equipment providers and agents 

of equipment providers shall be able to request the Administration to undertake an investigation of a motor carrier 

that is alleged to be not in compliance with the regulations 

issued under this section; 

(L) a process by which a driver or motor carrier transporting intermodal equipment is required to report to the 

intermodal equipment provider or the provider’s designated agent any actual damage or defect in the intermodal equipment of which the driver or motor carrier is 

aware at the time the intermodal equipment is returned to 

the intermodal equipment provider or the provider’s designated agent; 

(M) a requirement that any actual damage or defect 

identified in the process established under subparagraph 

(L) be repaired before the equipment is made available for 

interchange to a motor carrier and that repairs of equipment made pursuant to the requirements of this subparagraph and reports made pursuant to the subparagraph (L) 

process be documented in the maintenance records for 

such equipment; and 

(N) a procedure under which motor carriers, drivers and 

intermodal equipment providers may seek correction of 

their motor carrier safety records through the deletion 

from those records of violations of safety regulations attributable to deficiencies in the intermodal chassis or trailer 

for which they should not have been held responsible. 

ø(4) DEADLINE FOR RULEMAKING PROCEEDING.—Not later 

than 120 days after the date of enactment of this section, the 

Secretary shall initiate a rulemaking proceeding for issuance of 

the regulations under this section.¿ 

* * * * * * * 

§ 31152. Disqualification for failure to pay 

An individual assessed a civil penalty under this chapter, or 

chapters 5, 51, or 149 of this title, or a regulation issued under any 

of those provisions, who fails to pay the penalty or fails to comply 

with the terms of a settlement with the Secretary, shall be disqualified from operating a commercial motor vehicle after the individual 

is notified in writing and is given an opportunity to respond. A disqualification shall continue until the penalty is paid, or the individual complies with the terms of the settlement, unless the nonVerDate Mar 15 2010 23:11 Nov 14, 2012 Jkt 029010 PO 00000 Frm 00129 Fmt 6604 Sfmt 6603 E:\HR\OC\SR238.XXX SR238

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payment is because the individual is a debtor in a case under chapter 11 of title 11, United States Code. 

§ 31153. Federal successor standard 

(a) FEDERAL SUCCESSOR STANDARD.—Notwithstanding any other 

provision of Federal or State law, the Secretary may take an action 

authorized under chapters 5, 51, 131 through 149, subchapter III of 

chapter 311 (except sections 31138 and 31139), or sections 31302, 

31303, 31304, 31305(b), 31310(g)(1)(A), or 31502 of this title, or a 

regulation issued under any of those provisions, against a successor 

of a motor carrier (as defined in section 13102), a successor of an 

employer (as defined in section 31132), or a successor of an owner 

or operator (as that term is used in subchapter III of chapter 311), 

to the same extent and on the same basis as the Secretary may take 

the action against the motor carrier, employer, or owner or operator. 

(b) SUCCESSOR DEFINED.—For purposes of this section, the term 

‘‘successor’’ means a motor carrier, employer, or owner or operator 

that the Secretary determines, after notice and an opportunity for a 

proceeding, has 1 or more features that correspond closely with the 

features of another existing or former motor carrier, employer, or 

owner or operator, such as— 

(1) consideration paid for assets purchased or transferred; 

(2) dates of corporate creation and dissolution or termination 

of operations; 

(3) commonality of ownership; 

(4) commonality of officers and management personnel and 

their functions; 

(5) commonality of drivers and other employees; 

(6) identity of physical or mailing addresses, telephone, fax 

numbers, or e-mail addresses; 

(7) identity of motor vehicle equipment; 

(8) continuity of liability insurance policies; 

(9) commonality of coverage under liability insurance policies; 

(10) continuation of carrier facilities and other physical assets; 

(11) continuity of the nature and scope of operations, including customers; 

(12) commonality of the nature and scope of operations, including customers; 

(13) advertising, corporate name, or other acts through which 

the motor carrier, employer, or owner or operator holds itself 

out to the public; 

(14) history of safety violations and pending orders or enforcement actions of the Secretary; and 

(15) additional factors that the Secretary considers appropriate. 

(c) EFFECTIVE DATE.—Notwithstanding any other provision of 

law, this section shall apply to any action commenced on or after 

the date of enactment of the Commercial Motor Vehicle Safety Enhancement Act of 2011 without regard to whether the violation that 

is the subject of the action, or the conduct that caused the violation, 

occurred before the date of enactment. 

(d) RIGHTS NOT AFFECTED.—Nothing in this section shall affect 

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partment, Agency, or instrumentality of the United States, the laws 

of any State, or any rights between a private party and a motor carrier, employer, or owner or operator. 

§ 31154. Enforcement of safety laws and regulations 

(a) IN GENERAL.—The Secretary may bring a civil action to enforce this part, or a regulation or order of the Secretary under this 

part, when violated by an employer, employee, or other person providing transportation or service under this subchapter or subchapter 

I. 

(b) VENUE.—In a civil action under subsection (a)— 

(1) trial shall be in the judicial district in which the employer, employee, or other person operates; 

(2) process may be served without regard to the territorial 

limits of the district or of the State in which the action is instituted; and 

(3) a person participating with a carrier or broker in a violation may be joined in the civil action without regard to the residence of the person. 

§ 31155. Regulation of the use of distracting devices in 

motorcoaches 

(a) IN GENERAL.—Not later than 1 year after the date of enactment of the Motorcoach Enhanced Safety Act of 2011, the Secretary 

of Transportation shall prescribe regulations on the use of electronic 

or wireless devices, including cell phones and other distracting devices, by an individual employed as the operator of a motorcoach (as 

defined in section 702 of that Act). 

(b) BASIS FOR REGULATIONS.—The Secretary shall base the regulations prescribed under subsection (a) on accident data analysis, 

the results of ongoing research, and other information, as appropriate. 

(c) PROHIBITED USE.—Except as provided under subsection (d), 

the Secretary shall prohibit the use of the devices described in subsection (a) in circumstances in which the Secretary determines that 

their use interferes with a driver’s safe operation of a motorcoach. 

(d) PERMITTED USE.—The Secretary may permit the use of a device that is otherwise prohibited under subsection (c) if the Secretary 

determines that such use is necessary for the safety of the driver or 

the public in emergency circumstances. 

CHAPTER 313. COMMERCIAL MOTOR VEHICLE OPERATORS

§ 31301. Definitions 

In this chapter— 

(1) ‘‘alcohol’’ has the same meaning given the term ‘‘alcoholic 

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

(2) ‘‘commerce’’ means trade, traffic, and transportation— 

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

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

a place outside the United States); or 

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

transportation described in subclause (A) of this clause. 


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(3) ‘‘commercial driver’s license’’ means a license issued by a 

State to an individual authorizing the individual to operate a 

class of commercial motor vehicles. 

(4) ‘‘commercial motor vehicle’’ means a motor vehicle used 

in commerce to transport passengers or property that— 

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

weight of at least 26,001 pounds, whichever is greater, or 

a lesser gross vehicle weight rating or gross vehicle weight 

the Secretary of Transportation prescribes by regulation, 

but not less than a gross vehicle weight rating of 10,001 

pounds; 

(B) is designed to transport at least 16 passengers including the driver; or 

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

to be hazardous under section 5103 of this title, except 

that a vehicle shall not be included as a commercial motor 

vehicle under this subclause if— 

(i) the vehicle does not satisfy the weight requirements of subclause (A) of this clause; 

(ii) the vehicle is transporting material listed as hazardous under section 306(a) of the Comprehensive Environmental Response, Compensation, and Liability 

Act of 1980 (42 U.S.C. 9656(a)) and is not otherwise 

regulated by the Secretary or is transporting a consumer commodity or limited quantity of hazardous 

material as defined in section 171.8 of title 49, Code 

of Federal Regulations; and 

(iii) the Secretary does not deny the application of 

this exception to the vehicle (individually or as part of 

a class of motor vehicles) in the interest of safety. 

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

same meaning given that term in section 102 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 

U.S.C. 802). 

(6) ‘‘Disqualification’’ means— 

(A) the suspension, revocation, or cancellation of a commercial driver’s license by the State of issuance; 

(B) a withdrawal of an individual’s privilege to drive a 

commercial motor vehicle by a State or other jurisdiction as 

the result of a violation of State or local law relating to 

motor vehicle traffic control, except for a parking, vehicle 

weight, or vehicle defect violation; 

(C) a determination by the Secretary that an individual 

is not qualified to operate a commercial motor vehicle; or 

(D) a determination by the Secretary that a commercial 

motor vehicle driver is unfit under section 31144(g). 

ø(6)¿ (7) ‘‘driver’s license’’ means a license issued by a State 

to an individual authorizing the individual to operate a motor 

vehicle on highways. 

ø(7)¿ (8) ‘‘employee’’ means an operator of a commercial 

motor vehicle (including an independent contractor when operating a commercial motor vehicle) who is employed by an employer. 


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ø(8)¿ (9) ‘‘employer’’ means a person (including the United 

States Government, a State, or a political subdivision of a 

State) that owns or leases a commercial motor vehicle or assigns employees to operate a commercial motor vehicle. 

ø(9)¿ (10) ‘‘felony’’ means an offense under a law of the 

United States or a State that is punishable by death or imprisonment for more than one year. 

ƒ(10)≈ (11) ‘‘foreign commercial driver’’ means an individual 

licensed to operate a commercial motor vehicle by an authority 

outside the United States, or a citizen of a foreign country who 

operates a commercial motor vehicle in the United States. 

ø(10)¿ (12) ‘‘hazardous material’’ has the same meaning 

given that term in section 5102 of this title. 

ø(11)¿ (13) ‘‘motor vehicle’’ means a vehicle, machine, tractor, 

trailer, or semitrailer propelled or drawn by mechanical power 

and used on public streets, roads, or highways, but does not include a vehicle, machine, tractor, trailer, or semitrailer operated only on a rail line or custom harvesting farm machinery. 

ø(12)¿ (14) ‘‘serious traffic violation’’ means— 

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

regulation; 

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

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

traffic control (except a parking violation) and involving a 

fatality, other than a violation to which section 

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

(D) driving a commercial motor vehicle when the individual has not obtained a commercial driver’s license; 

(E) driving a commercial motor vehicle when the individual does not have in his or her possession a commercial 

driver’s license unless the individual provides, by the date 

that the individual must appear in court or pay any fine 

with respect to the citation, to the enforcement authority 

that issued the citation proof that the individual held a 

valid commercial driver’s license on the date of the citation; 

(F) driving a commercial motor vehicle when the individual has not met the minimum testing standards— 

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

vehicle the individual is operating; or 

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

the vehicle is carrying; and 

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

motor vehicle traffic control (except a parking violation) 

that the Secretary designates by regulation as serious. 

ø(13)¿ (15) ‘‘State’’ means a State of the United States and 

the District of Columbia. 

ø(14)¿ (16) ‘‘United States’’ means the States of the United 

States and the District of Columbia. 

§ 31304. Employer responsibilities 

øAn employer¿ 

(a) IN GENERAL.—An employer may not øknowingly¿ allow an 

employee to operate a commercial motor vehicle in the United 


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States during a period øin which¿ that the employer knows or 

should reasonably know that the employee— 

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

a State, has lost the right to operate a commercial motor vehicle in a State, or has been disqualified from operating a commercial motor vehicle; or 

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

under section 31302 of this title). 

(b) DRIVER VIOLATION RECORDS.— 

(1) PERIODIC REVIEW.—Except as provided in paragraph (3), 

an employer shall ascertain the driving record of each driver it 

employs— 

(A) by making an inquiry at least once every 12 months 

to the appropriate State agency in which the driver held or 

holds a commercial driver’s license or permit during such 

time period; 

(B) by receiving occurrence-based reports of changes in 

the status of a driver’s record from 1 or more driver record 

notification systems that meet minimum standards issued 

by the Secretary; or 

(C) by a combination of inquiries to States and reports 

from driver record notification systems. 

(2) RECORD KEEPING.—A copy of the reports received under 

paragraph (1) shall be maintained in the driver’s qualification 

file. 

(3) EXCEPTIONS TO RECORD REVIEW REQUIREMENT.—Paragraph (1) shall not apply to a driver employed by an employer 

who, in any 7-day period, is employed or used as a driver by 

more than 1 employer— 

(A) if the employer obtains the driver’s identification 

number, type, and issuing State of the driver’s commercial 

motor vehicle license; or 

(B) if the information described in subparagraph (A) is 

furnished by another employer and the employer that regularly employs the driver meets the other requirements under 

this section. 

(4) DRIVER RECORD NOTIFICATION SYSTEM DEFINED.—In this 

section, the term ‘‘driver record notification system’’ means a 

system that automatically furnishes an employer with a report, 

generated by the appropriate agency of a State, on the change 

in the status of an employee’s driver’s license due to a conviction 

for a moving violation, a failure to appear, an accident, driver’s 

license suspension, driver’s license revocation, or any other action taken against the driving privilege. 

§ ø31305. General driver fitness and testing¿ 

§ 31305. General driver fitness, testing, and training 

(a) MINIMUM STANDARDS FOR TESTING AND FITNESS.—The Secretary of Transportation shall prescribe regulations on minimum 

standards for testing and ensuring the fitness of an individual operating a commercial motor vehicle. The regulations— 


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(1) shall prescribe minimum standards for written and driving tests of an individual operating a commercial motor vehicle; 

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

a commercial motor vehicle to take a driving test in a vehicle 

representative of the type of vehicle the individual operates or 

will operate; 

(3) shall prescribe minimum testing standards for the operation of a commercial motor vehicle and may prescribe different minimum testing standards for different classes of commercial motor vehicles; 

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

working knowledge of— 

(A) regulations on the safe operation of a commercial 

motor vehicle prescribed by the Secretary and contained in 

title 49, Code of Federal Regulations; and 

(B) safety systems of the vehicle; 

(5) shall ensure that an individual who operates or will operate a commercial motor vehicle carrying a hazardous material— 

(A) is qualified to operate the vehicle under regulations 

on motor vehicle transportation of hazardous material prescribed under chapter 51 of this title; 

(B) has a working knowledge of— 

(i) those regulations; 

(ii) the handling of hazardous material; 

(iii) the operation of emergency equipment used in 

response to emergencies arising out of the transportation of hazardous material; and 

(iv) appropriate response procedures to follow in 

those emergencies; and 

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

having first been determined under section 5103a of this 

title as not posing a security risk warranting denial of the 

license. 

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

(7) shall ensure that an individual taking the tests would not 

be subject to a disqualification under section 31310(g) of this 

title and is qualified to operate a commercial motor vehicle 

under regulations prescribed by the Secretary and contained in 

title 49, Code of Federal Regulations, to the extent the regulations apply to the individual; and 

(8) may require— 

(A) issuance of a certification of fitness to operate a commercial motor vehicle to an individual passing the tests; 

and 

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

the individual’s possession when the individual is operating a commercial motor vehicle. 

(b) REQUIREMENTS FOR OPERATING VEHICLES.— (1) Except as provided in paragraph (2) of this subsection, an 

individual may operate a commercial motor vehicle only if the 

individual has passed written and driving tests that meet the 

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section (a) of this section to operate the vehicle and has a commercial driver’s license to operate the vehicle. 

(2) The Secretary may prescribe regulations providing that 

an individual may operate a commercial motor vehicle for not 

more than 90 days if the individual— 

(A) passes a driving test for operating a commercial 

motor vehicle that meets the minimum standards prescribed under subsection (a) of this section; and 

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

or canceled. 

(c) STANDARDS FOR TRAINING.—Not later than 6 months after the 

date of enactment of the Commercial Motor Vehicle Safety Enhancement Act of 2011, the Secretary shall issue final regulations establishing minimum entry-level training requirements for an individual operating a commercial motor vehicle— 

(1) addressing the knowledge and skills that— 

(A) are necessary for an individual operating a commercial motor vehicle to safely operate a commercial motor vehicle; and 

(B) must be acquired before obtaining a commercial driver’s license for the first time or upgrading from one class 

of commercial driver’s license to another class; 

(2) addressing the specific training needs of a commercial 

motor vehicle operator seeking passenger or hazardous materials endorsements, including for an operator seeking a passenger endorsement training— 

(A) to suppress motorcoach fires; and 

(B) to evacuate passengers from motorcoaches safely; 

(3) requiring effective instruction to acquire the knowledge, 

skills, and training referred to in paragraphs (1) and (2), including classroom and behind-the-wheel instruction; 

(4) requiring certification that an individual operating a commercial motor vehicle meets the requirements established by the 

Secretary; and 

(5) requiring a training provider (including a public or private driving school, motor carrier, or owner or operator of a 

commercial motor vehicle) that offers training that results in 

the issuance of a certification to an individual under paragraph 

(4) to demonstrate that the training meets the requirements of 

the regulations, through a process established by the Secretary. 

§ 31306. Alcohol and controlled substances testing 

(a) DEFINITION.—In this section and section 31306a, ‘‘controlled 

substance’’ means any substance under section 102 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 

U.S.C. 802) specified by the Secretary of Transportation. 

(b) TESTING PROGRAM FOR OPERATORS OF COMMERCIAL MOTOR

VEHICLES.— 

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

Secretary of Transportation shall prescribe regulations that establish a program requiring motor carriers to conduct preemployment, reasonable suspicion, random, and post-accident 

testing of operators of commercial motor vehicles for the use of 

a controlled substance in violation of law or a United States 


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Government regulation and to conduct reasonable suspicion, 

random, and post-accident testing of such operators for the use 

of alcohol in violation of law or a United States Government 

regulation. The regulations shall permit such motor carriers to 

conduct preemployment testing of such employees for the use 

of alcohol. 

(B) When the Secretary of Transportation considers it 

appropriate in the interest of safety, the Secretary may 

prescribe regulations for conducting periodic recurring 

testing of operators of commercial motor vehicles for the 

use of alcohol or a controlled substance in violation of law 

or a Government regulation. 

(2) In prescribing regulations under this subsection, the Secretary of Transportation— 

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

of a commercial motor vehicle be conducted when loss of 

human life occurs in an accident involving a commercial 

motor vehicle; and 

(B) may require that post-accident testing of such an operator be conducted when bodily injury or significant property damage occurs in any other serious accident involving 

a commercial motor vehicle. 

(c) TESTING AND LABORATORY REQUIREMENTS.—In carrying out 

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

develop requirements that shall— 

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

privacy in the collection of specimens; 

(2) for laboratories and testing procedures for controlled substances, incorporate the Department of Health and Human 

Services scientific and technical guidelines dated April 11, 

1988, and any amendments to those guidelines, including mandatory guidelines establishing— 

(A) comprehensive standards for every aspect of laboratory controlled substances testing and laboratory procedures to be applied in carrying out this section, including 

standards requiring the use of the best available technology to ensure the complete reliability and accuracy of 

controlled substances tests and strict procedures governing 

the chain of custody of specimens collected for controlled 

substances testing; 

(B) the minimum list of controlled substances for which 

individuals may be tested; and 

(C) appropriate standards and procedures for periodic review of laboratories and criteria for certification and revocation of certification of laboratories to perform controlled 

substances testing in carrying out this section; 

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

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

performing screening and confirmation tests; 

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

controlled substance in violation of law or a Government regulation be confirmed by a scientifically recognized method of 

testing capable of providing quantitative information about alcohol or a controlled substance; 


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

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

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

possibility of tampering, so that if the individual’s confirmation 

test results are positive the individual has an opportunity to 

have the retained part tested by a 2d confirmation test done 

independently at another certified laboratory if the individual 

requests the 2d confirmation test not later than 3 days after 

being advised of the results of the first confirmation test; 

(6) ensure appropriate safeguards for testing to detect and 

quantify alcohol in breath and body fluid samples, including 

urine and blood, through the development of regulations that 

may be necessary and in consultation with the Secretary of 

Health and Human Services; 

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

information (except information about alcohol or a controlled 

substance) of employees, except that this clause does not prevent the use of test results for the orderly imposition of appropriate sanctions under this section; and 

(8) ensure that employees are selected for tests by nondiscriminatory and impartial methods, so that no employee is 

harassed by being treated differently from other employees in 

similar circumstances. 

(d) TESTING AS PART OF MEDICAL EXAMINATION.—The Secretary 

of Transportation may provide that testing under subsection (a) of 

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

49, Code of Federal Regulations, be conducted as part of the medical examination required under that subpart. 

(e) REHABILITATION.—The Secretary of Transportation shall prescribe regulations establishing requirements for rehabilitation programs that provide for the identification and opportunity for treatment of operators of commercial motor vehicles who are found to 

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

a Government regulation. The Secretary shall decide on the circumstances under which those operators shall be required to participate in a program. This section does not prevent a motor carrier 

from establishing a program under this section in cooperation with 

another motor carrier. 

ø(f)¿ (f)(1) SANCTIONS.—The Secretary of Transportation shall decide on appropriate sanctions for a commercial motor vehicle operator who is found, based on tests conducted and confirmed under 

this section, to have used alcohol or a controlled substance in violation of law or a Government regulation but who is not under the 

influence of alcohol or a controlled substance as provided in this 

chapter. 

(2) ADDITIONAL SANCTIONS.—The Secretary may require a 

State to revoke, suspend, or cancel the commercial driver’s license of a commercial motor vehicle operator who is found, 

based on a test conducted and confirmed under this section, to 

have used alcohol or a controlled substance in violation of law 

until the commercial motor vehicle operator completes the rehabilitation process under subsection (e). 

(g) EFFECT ON STATE AND LOCAL GOVERNMENT REGULATIONS.— 

A State or local government may not prescribe or continue in effect 


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a law, regulation, standard, or order that is inconsistent with regulations prescribed under this section. However, a regulation prescribed under this section may not be construed to preempt a State 

criminal law that imposes sanctions for reckless conduct leading to 

loss of life, injury, or damage to property. 

(h) INTERNATIONAL OBLIGATIONS AND FOREIGN LAWS.—In prescribing regulations under this section, the Secretary of Transportation— 

(1) shall establish only requirements that are consistent with 

international obligations of the United States; and 

(2) shall consider applicable laws and regulations of foreign 

countries. 

(i) OTHER REGULATIONS ALLOWED.—This section does not prevent 

the Secretary of Transportation from continuing in effect, amending, or further supplementing a regulation prescribed before October 28, 1991, governing the use of alcohol or a controlled substance 

by commercial motor vehicle employees. 

(j) APPLICATION OF PENALTIES.—This section does not supersede 

a penalty applicable to an operator of a commercial motor vehicle 

under this chapter or another law. 

§ 31306a. National clearinghouse for controlled substance 

and alcohol test results of commercial motor vehicle operators 

(a) ESTABLISHMENT.— (1) IN GENERAL.—Not later than 2 years after the date of enactment of the Safe Roads Act of 2011, the Secretary of Transportation shall establish a national clearinghouse for records 

relating to alcohol and controlled substances testing of commercial motor vehicle operators. 

(2) PURPOSES.—The purposes of the clearinghouse shall be— 

(A) to improve compliance with the Department of Transportation’s alcohol and controlled substances testing program applicable to commercial motor vehicle operators; 

(B) to facilitate access to information about an individual 

before employing the individual as a commercial motor vehicle operator; 

(C) to enhance the safety of our United States roadways 

by reducing accident fatalities involving commercial motor 

vehicles; and 

(D) to reduce the number of impaired commercial motor 

vehicle operators. 

(3) CONTENTS.—The clearinghouse shall function as a repository for records relating to the positive test results and test refusals of commercial motor vehicle operators and violations by 

such operators of prohibitions set forth in subpart B of part 382 

of title 49, Code of Federal Regulations (or any subsequent corresponding regulations). 

(4) ELECTRONIC EXCHANGE OF RECORDS.—The Secretary shall 

ensure that records can be electronically submitted to, and requested from, the clearinghouse by authorized users. 

(5) AUTHORIZED OPERATOR.—The Secretary may authorize a 

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retary under subsection (e). The entity shall establish, operate, 

maintain and expand the clearinghouse and permit access to 

driver information and records from the clearinghouse in accordance with this section. 

(b) DESIGN OF CLEARINGHOUSE.— 

(1) USE OF FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION RECOMMENDATIONS.—In establishing the clearinghouse, 

the Secretary shall consider— 

(A) the findings and recommendations contained in the 

Federal Motor Carrier Safety Administration’s March 2004 

report to Congress required under section 226 of the Motor 

Carrier Safety Improvement Act of 1999 (49 U.S.C. 31306 

note); and 

(B) the findings and recommendations contained in the 

Government Accountability Office’s May 2008 report to 

Congress entitled ‘‘Motor Carrier Safety: Improvements to 

Drug Testing Programs Could Better Identify Illegal Drug 

Users and Keep Them off the Road.’’. 

(2) DEVELOPMENT OF SECURE PROCESSES.—In establishing 

the clearinghouse, the Secretary shall develop a secure process 

for— 

(A) administering and managing the clearinghouse in 

compliance with applicable Federal security standards; 

(B) registering and authenticating authorized users of the 

clearinghouse; 

(C) registering and authenticating persons required to report to the clearinghouse under subsection (g); 

(D) preventing the unauthorized access of information 

from the clearinghouse; 

(E) storing and transmitting data; 

(F) persons required to report to the clearinghouse under 

subsection (g) to timely and accurately submit electronic 

data to the clearinghouse; 

(G) generating timely and accurate reports from the 

clearinghouse in response to requests for information by authorized users; and 

(H) updating an individual’s record upon completion of 

the return-to-duty process described in title 49, Code of 

Federal Regulations. 

(3) EMPLOYER ALERT OF POSITIVE TEST RESULT.—In establishing the clearinghouse, the Secretary shall develop a secure 

method for electronically notifying an employer of each additional positive test result or other noncompliance— 

(A) for an employee, that is entered into the clearinghouse 

during the 7-day period immediately following an employer’s inquiry about the employee; and 

(B) for an employee who is listed as having multiple employers. 

(4) ARCHIVE CAPABILITY.—In establishing the clearinghouse, 

the Secretary shall develop a process for archiving all clearinghouse records, including the depositing of personal records, 

records relating to each individual in the database, and access 

requests for personal records, for the purposes of— 


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(A) auditing and evaluating the timeliness, accuracy, and 

completeness of data in the clearinghouse; and 

(B) auditing to monitor compliance and enforce penalties 

for noncompliance. 

(5) FUTURE NEEDS.— (A) INTEROPERABILITY WITH OTHER DATA SYSTEMS.—In 

establishing the clearinghouse, the Secretary shall consider— 

(i) the existing data systems containing regulatory 

and safety data for commercial motor vehicle operators; 

(ii) the efficacy of using or combining clearinghouse 

data with 1 or more of such systems; and 

(iii) the potential interoperability of the clearinghouse with such systems. 

(B) SPECIFIC CONSIDERATIONS.—In carrying out subparagraph (A), the Secretary shall determine— 

(i) the clearinghouse’s capability for interoperability 

with— 

(I) the National Driver Register established 

under section 30302; 

(II) the Commercial Driver’s License Information 

System established under section 31309; 

(III) the Motor Carrier Management Information 

System for preemployment screening services under 

section 31150; and 

(IV) other data systems, as appropriate; and 

(ii) any change to the administration of the current 

testing program, such as forms, that is necessary to collect data for the clearinghouse. 

(c) STANDARD FORMATS.—The Secretary shall develop standard 

formats to be used— 

(1) by an authorized user of the clearinghouse to— 

(A) request a record from the clearinghouse; and 

(B) obtain the consent of an individual who is the subject 

of a request from the clearinghouse, if applicable; and 

(2) to notify an individual that a positive alcohol or controlled substances test result, refusing to test, and a violation of 

any of the prohibitions under subpart B of part 382 of title 49, 

Code of Federal Regulations (or any subsequent corresponding 

regulations), will be reported to the clearinghouse. 

(d) PRIVACY.—A release of information from the clearinghouse 

shall— 

(1) comply with applicable Federal privacy laws, including 

the fair information practices under the Privacy Act of 1974 (5 

U.S.C. 552a); 

(2) comply with applicable sections of the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.); and 

(3) not be made to any person or entity unless expressly authorized or required by law. 

(e) FEES.— (1) AUTHORITY TO COLLECT FEES.—Except as provided under 

paragraph (3), the Secretary may collect a reasonable, customary, and nominal fee from an authorized user of the clearinghouse for a request for information from the clearinghouse. 


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(2) USE OF FEES.—Fees collected under this subsection shall 

be used for the operation and maintenance of the clearinghouse. 

(3) LIMITATION.—The Secretary may not collect a fee from an 

individual requesting information from the clearinghouse that 

pertains to the record of that individual. 

(f) EMPLOYER REQUIREMENTS.— 

(1) DETERMINATION CONCERNING USE OF CLEARINGHOUSE.— 

The Secretary shall determine if an employer is authorized to 

use the clearinghouse to meet the alcohol and controlled substances testing requirements under title 49, Code of Federal 

Regulations. 

(2) APPLICABILITY OF EXISTING REQUIREMENTS.—Each employer and service agent shall comply with the alcohol and controlled substances testing requirements under title 49, Code of 

Federal Regulations. 

(3) EMPLOYMENT PROHIBITIONS.—Beginning 30 days after the 

date that the clearinghouse is established under subsection (a), 

an employer shall not hire an individual to operate a commercial motor vehicle unless the employer determines that the individual, during the preceding 3-year period— 

(A) if tested for the use of alcohol and controlled substances, as required under title 49, Code of Federal Regulations— 

(i) did not test positive for the use of alcohol or controlled substances in violation of the regulations; or 

(ii) tested positive for the use of alcohol or controlled 

substances and completed the required return-to-duty 

process under title 49, Code of Federal Regulations; 

(B)(i) did not refuse to take an alcohol or controlled substance test under title 49, Code of Federal Regulations; or 

(ii) refused to take an alcohol or controlled substance 

test and completed the required return-to-duty process 

under title 49, Code of Federal Regulations; and 

(C) did not violate any other provision of subpart B of 

part 382 of title 49, Code of Federal Regulations (or any 

subsequent corresponding regulations). 

(4) ANNUAL REVIEW.—Beginning 30 days after the date that 

the clearinghouse is established under subsection (a), an employer shall request and review a commercial motor vehicle operator’s record from the clearinghouse annually for as long as 

the commercial motor vehicle operator is under the employ of 

the employer. 

(g) REPORTING OF RECORDS.— 

(1) IN GENERAL.—Beginning 30 days after the date that the 

clearinghouse is established under subsection (a), a medical review officer, employer, service agent, and other appropriate person, as determined by the Secretary, shall promptly submit to 

the Secretary any record generated after the clearinghouse is 

initiated of an individual who— 

(A) refuses to take an alcohol or controlled substances test 

required under title 49, Code of Federal Regulations; 

(B) tests positive for alcohol or a controlled substance in 

violation of the regulations; or 


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(C) violates any other provision of subpart B of part 382 

of title 49, Code of Federal Regulations (or any subsequent 

corresponding regulations). 

(2) INCLUSION OF RECORDS IN CLEARINGHOUSE.—The Secretary shall include in the clearinghouse the records of positive 

test results and test refusals received under paragraph (1). 

(3) MODIFICATIONS AND DELETIONS.—If the Secretary determines that a record contained in the clearinghouse is not accurate, the Secretary shall modify or delete the record, as appropriate. 

(4) NOTIFICATION.—The Secretary shall expeditiously notify 

an individual, unless such notification would be duplicative, 

when— 

(A) a record relating to the individual is received by the 

clearinghouse; 

(B) a record in the clearinghouse relating to the individual is modified or deleted, and include in the notification the reason for the modification or deletion; or 

(C) a record in the clearinghouse relating to the individual is released to an employer and specify the reason for 

the release. 

(5) DATA QUALITY AND SECURITY STANDARDS FOR REPORTING

AND RELEASING.—The Secretary may establish additional requirements, as appropriate, to ensure that— 

(A) the submission of records to the clearinghouse is timely and accurate; 

(B) the release of data from the clearinghouse is timely, 

accurate, and released to the appropriate authorized user 

under this section; and 

(C) an individual with a record in the clearinghouse has 

a cause of action for any inappropriate use of information 

included in the clearinghouse. 

(6) RETENTION OF RECORDS.—The Secretary shall— 

(A) retain a record submitted to the clearinghouse for a 

5-year period beginning on the date the record is submitted; 

(B) remove the record from the clearinghouse at the end 

of the 5-year period, unless the individual fails to meet a 

return-to-duty or follow-up requirement under title 49, 

Code of Federal Regulations; and 

(C) retain a record after the end of the 5-year period in 

a separate location for archiving and auditing purposes. 

(h) AUTHORIZED USERS.— 

(1) EMPLOYERS.—The Secretary shall establish a process for 

an employer to request and receive an individual’s record from 

the clearinghouse. 

(A) CONSENT.—An employer may not access an individual’s record from the clearinghouse unless the employer— 

(i) obtains the prior written or electronic consent of 

the individual for access to the record; and 

(ii) submits proof of the individual’s consent to the 

Secretary. 

(B) ACCESS TO RECORDS.—After receiving a request from 

an employer for an individual’s record under subparagraph 


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(A), the Secretary shall grant access to the individual’s 

record to the employer as expeditiously as practicable. 

(C) RETENTION OF RECORD REQUESTS.—The Secretary 

shall require an employer to retain for a 3-year period— 

(i) a record of each request made by the employer for 

records from the clearinghouse; and 

(ii) the information received pursuant to the request. 

(D) USE OF RECORDS.—An employer may use an individual’s record received from the clearinghouse only to assess 

and evaluate the qualifications of the individual to operate 

a commercial motor vehicle for the employer. 

(E) PROTECTION OF PRIVACY OF INDIVIDUALS.—An employer that receives an individual’s record from the clearinghouse under subparagraph (B) shall— 

(i) protect the privacy of the individual and the confidentiality of the record; and 

(ii) ensure that information contained in the record 

is not divulged to a person or entity that is not directly 

involved in assessing and evaluating the qualifications 

of the individual to operate a commercial motor vehicle 

for the employer. 

(2) STATE LICENSING AUTHORITIES.—The Secretary shall establish a process for the chief commercial driver’s licensing official of a State to request and receive an individual’s record 

from the clearinghouse if the individual is applying for a commercial driver’s license from the State. 

(A) CONSENT.—The Secretary may grant access to an individual’s record in the clearinghouse under this paragraph without the prior written or electronic consent of the 

individual. An individual who holds a commercial driver’s 

license shall be deemed to consent to such access by obtaining a commercial driver’s license. 

(B) PROTECTION OF PRIVACY OF INDIVIDUALS.—A chief 

commercial driver’s licensing official of a State that receives an individual’s record from the clearinghouse under 

this paragraph shall— 

(i) protect the privacy of the individual and the confidentiality of the record; and 

(ii) ensure that the information in the record is not 

divulged to any person that is not directly involved in 

assessing and evaluating the qualifications of the individual to operate a commercial motor vehicle. 

(3) NATIONAL TRANSPORTATION SAFETY BOARD.—The Secretary shall establish a process for the National Transportation 

Safety Board to request and receive an individual’s record from 

the clearinghouse if the individual is involved in an accident 

that is under investigation by the National Transportation 

Safety Board. 

(A) CONSENT.—The Secretary may grant access to an individual’s record in the clearinghouse under this paragraph without the prior written or electronic consent of the 

individual. An individual who holds a commercial driver’s 

license shall be deemed to consent to such access by obtaining a commercial driver’s license. 


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(B) PROTECTION OF PRIVACY OF INDIVIDUALS.—An official 

of the National Transportation Safety Board that receives 

an individual’s record from the clearinghouse under this 

paragraph shall— 

(i) protect the privacy of the individual and the confidentiality of the record; and 

(ii) unless the official determines that the information in the individual’s record should be reported 

under section 1131(e), ensure that the information in 

the record is not divulged to any person that is not directly involved with investigating the accident. 

(4) ADDITIONAL AUTHORIZED USERS.—The Secretary shall 

consider whether to grant access to the clearinghouse to additional users. The Secretary may authorize access to an individual’s record from the clearinghouse to an additional user if the 

Secretary determines that granting access will further the purposes under subsection (a)(2). In determining whether the access 

will further the purposes under subsection (a)(2), the Secretary 

shall consider, among other things— 

(A) what use the additional user will make of the individual’s record; 

(B) the costs and benefits of the use; and 

(C) how to protect the privacy of the individual and the 

confidentiality of the record. 

(i) ACCESS TO CLEARINGHOUSE BY INDIVIDUALS.— (1) IN GENERAL.—The Secretary shall establish a process for 

an individual to request and receive information from the clearinghouse— 

(A) to determine whether the clearinghouse contains a 

record pertaining to the individual; 

(B) to verify the accuracy of a record; 

(C) to update an individual’s record, including completing the return-to-duty process described in title 49, Code 

of Federal Regulations; and 

(D) to determine whether the clearinghouse received requests for the individual’s information. 

(2) DISPUTE PROCEDURE.—The Secretary shall establish a 

procedure, including an appeal process, for an individual to 

dispute and remedy an administrative error in the individual’s 

record. 

(j) PENALTIES.— 

(1) IN GENERAL.—An employer, employee, medical review officer, or service agent who violates any provision of this section 

shall be subject to civil penalties under section 521(b)(2)(C) and 

criminal penalties under section 521(b)(6)(B), and any other applicable civil and criminal penalties, as determined by the Secretary. 

(2) VIOLATION OF PRIVACY.—The Secretary shall establish 

civil and criminal penalties, consistent with paragraph (1), for 

an authorized user who violates paragraph (2)(B) or (3)(B) of 

subsection (h). 

(k) COMPATIBILITY OF STATE AND LOCAL LAWS.— (1) PREEMPTION.—Except as provided under paragraph (2), 

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litical subdivision of a State, or Indian tribe related to a commercial driver’s license holder subject to alcohol or controlled 

substance testing under title 49, Code of Federal Regulations, 

that is inconsistent with this section or a regulation issued pursuant to this section is preempted. 

(2) APPLICABILITY.—The preemption under paragraph (1) 

shall include— 

(A) the reporting of valid positive results from alcohol 

screening tests and drug tests; 

(B) the refusal to provide a specimen for an alcohol 

screening test or drug test; and 

(C) other violations of subpart B of part 382 of title 49, 

Code of Federal Regulations (or any subsequent corresponding regulations). 

(3) EXCEPTION.—A law, regulation, order, or other requirement of a State, political subdivision of a State, or Indian tribe 

shall not be preempted under this subsection to the extent it relates to an action taken with respect to a commercial motor vehicle operator’s commercial driver’s license or driving record as 

a result of the driver’s— 

(A) verified positive alcohol or drug test result; 

(B) refusal to provide a specimen for the test; or 

(C) other violations of subpart B of part 382 of title 49, 

Code of Federal Regulations (or any subsequent corresponding regulations). 

(l) DEFINITIONS.—In this section— 

(1) AUTHORIZED USER.—The term ‘‘authorized user’’ means an 

employer, State licensing authority, National Transportation 

Safety Board, or other person granted access to the clearinghouse under subsection (h). 

(2) CHIEF COMMERCIAL DRIVER’S LICENSING OFFICIAL.—The 

term ‘‘chief commercial driver’s licensing official’’ means the official in a State who is authorized to— 

(A) maintain a record about commercial driver’s licenses 

issued by the State; and 

(B) take action on commercial driver’s licenses issued by 

the State. 

(3) CLEARINGHOUSE.—The term ‘‘clearinghouse’’ means the 

clearinghouse established under subsection (a). 

(4) COMMERCIAL MOTOR VEHICLE OPERATOR.—The term ‘‘commercial motor vehicle operator’’ means an individual who— 

(A) possesses a valid commercial driver’s license issued in 

accordance with section 31308; and 

(B) is subject to controlled substances and alcohol testing 

under title 49, Code of Federal Regulations. 

(5) EMPLOYER.—The term ‘‘employer’’ means a person or entity employing, or seeking to employ, 1 or more employees (including an individual who is self-employed) to be commercial motor 

vehicle operators. 

(6) MEDICAL REVIEW OFFICER.—The term ‘‘medical review officer’’ means a licensed physician who is responsible for— 

(A) receiving and reviewing a laboratory result generated 

under the testing program; 


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(B) evaluating a medical explanation for a controlled 

substances test under title 49, Code of Federal Regulations; 

and 

(C) interpreting the results of a controlled substances test. 

(7) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of 

Transportation. 

(8) SERVICE AGENT.—The term ‘‘service agent’’ means a person or entity, other than an employee of the employer, who provides services to employers or employees under the testing program. 

(9) TESTING PROGRAM.—The term ‘‘testing program’’ means 

the alcohol and controlled substances testing program required 

under title 49, Code of Federal Regulations. 

§ 31307. Minimum training requirements for operators of 

longer combination vehicles 

(a) DEFINITION.—In this section, ‘‘longer combination vehicle’’ 

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

trailer or semitrailer that operates on the Dwight D. Eisenhower 

System of Interstate and Defense Highways with a gross vehicle 

weight of more than 80,000 pounds. 

(b) REQUIREMENTS.—øNot later than December 18, 1994, the Secretary of Transportation shall prescribe¿ The Secretary shall maintain regulations establishing minimum training requirements for 

operators of longer combination vehicles. The training shall include 

certification of an operator’s proficiency by an instructor who has 

met the requirements established by the Secretary. 

§ 31308. Commercial driver’s license 

After consultation with the States, the Secretary of Transportation shall prescribe regulations on minimum uniform standards 

for the issuance of commercial drivers’ licenses and learner’s permits by the States and for information to be contained on each of 

the licenses and permits. The standards shall require at a minimum that— 

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

written and driving tests for the operation of a commercial 

motor vehicle that comply with the minimum standards prescribed by the Secretary under section 31305(a) of this title;¿ 

(1) an individual issued a commercial driver’s license— 

(A) pass written and driving tests for the operation of a 

commercial motor vehicle that comply with the minimum 

standards prescribed by the Secretary under section 

31305(a); and 

(B) present certification of completion of driver training 

that meets the requirements established by the Secretary 

under section 31305(c); 

(2) before a commercial driver’s license learner’s permit may 

be issued to an individual, the individual must pass a written 

test, that complies with the minimum standards prescribed by 

the Secretary under section 31305(a), on the operation of the 

commercial motor vehicle that the individual will be operating 

under the permit; 


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(3) the license or learner’s permit be tamperproof to the maximum extent practicable and each license issued after January 

1, 2001, include unique identifiers (which may include biometric identifiers) to minimize fraud and duplication; and 

(4) the license or learner’s permit contain— 

(A) the name and address of the individual issued the license or learner’s permit and a physical description of the 

individual; 

(B) the social security account number or other number 

or information the Secretary decides is appropriate to identify the individual; 

(C) the class or type of commercial motor vehicle the individual is authorized to operate under the license or 

learner’s permit; 

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

learner’s permit; and 

(E) the dates between which the license or learner’s permit is valid. 

§ 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 or 

learner’s permit to the operator; 

(E) the dates between which the license or learner’s permit is valid; and 

(F) whether the operator had a commercial motor vehicle 

driver’s license or learner’s permit 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 by the State that issued the individual a commercial driver’s license, or by the Secretary, 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 or learner’s permit 

under section ø31308(2)¿ 31308(3). 

(c) AVAILABILITY OF INFORMATION.—Information in the information system shall be made available and subject to review and corVerDate Mar 15 2010 23:11 Nov 14, 2012 Jkt 029010 PO 00000 Frm 00148 Fmt 6604 Sfmt 6602 E:\HR\OC\SR238.XXX SR238

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rection 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). 

(e) MODERNIZATION PLAN.— 

(1) IN GENERAL.—Not later than 120 days after the date of 

enactment of this subsection, the Secretary shall develop and 

publish a comprehensive national plan to modernize the information system under this section that— 

(A) complies with applicable Federal information technology security standards; 

(B) provides for the electronic exchange of all information including the posting of convictions; 

(C) contains self auditing features to ensure that data is 

being posted correctly and consistently by the States; 

(D) integrates the commercial driver’s license and the 

medical certificate; and 

(E) provides a schedule for modernization of the system. 

(2) CONSULTATION.—The plan shall be developed in consultation with representatives of the motor carrier industry, State 

safety enforcement agencies, and State licensing agencies designated by the Secretary. 

(3) STATE FUNDING OF FUTURE EFFORTS.—The plan shall 

specify that States will fund future efforts to modernize the 

commercial driver’s information system. 

(4) DEADLINE FOR STATE PARTICIPATION.— 

ø(A) IN GENERAL.—The Secretary shall establish in the 

plan a date by which all States must be operating commercial driver’s license information systems that are compatible with the modernized information system under this 

section.¿ 

(A) IN GENERAL.—The plan shall specify— 

(i) a date by which all States shall be operating commercial driver’s license information systems that are 

compatible with the modernized information system 

under this section; and 

(ii) that States must use the systems to receive and 

submit conviction and disqualification data. 

(B) FACTORS TO CONSIDER.—In establishing the date 

under subparagraph (A), the Secretary shall consider the 

following: 

(i) Availability and cost of technology and equipment 

needed to comply with subparagraph (A). 

(ii) Time necessary to install, and test the operation 

of, such technology and equipment. 

(5) IMPLEMENTATION.—The Secretary shall implement the 

plan developed under subsection (a) and modernize the information system under this section to meet the requirements of 

the plan. 


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(f) FUNDING.—At the Secretary’s discretion, a State may øuse¿ 

use, subject to section 31313(a), the funds made available to the 

State under section 31313 to modernize its commercial driver’s license information system to be compatible with the modernized information system under this section. 

§ 31310. Disqualifications 

(a) BLOOD ALCOHOL CONCENTRATION LEVEL.—In this section, the 

blood alcohol concentration level at or above which an individual 

when operating a commercial motor vehicle is deemed to be driving 

under the influence of alcohol is .04 percent. 

(b) FIRST VIOLATION OR COMMITTING FELONY.— (1) Except as provided in paragraph (2) of this subsection 

and subsection (c) of this section, the Secretary of Transportation shall disqualify from operating a commercial motor vehicle for at least one year an individual- 

(A) committing a first violation of driving a commercial 

motor vehicle under the influence of alcohol or a controlled 

substance; 

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

accident involving a commercial motor vehicle operated by 

the individual; 

(C) using a commercial motor vehicle in committing a 

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

section); 

(D) committing a first violation of driving a commercial 

motor vehicle when the individual’s commercial driver’s license is revoked, suspended, or canceled based on the individual’s operation of a øcommercial¿ motor vehicle or when 

the individual is disqualified from operating a commercial 

motor vehicle based on the individual’s operation of a commercial motor vehicle; or 

(E) convicted of causing a fatality through negligent or 

criminal operation of a commercial motor vehicle. 

(2) If the vehicle involved in a violation referred to in paragraph (1) of this subsection is transporting hazardous material 

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

Secretary shall disqualify the individual for at least 3 years. 

(c) SECOND AND MULTIPLE VIOLATIONS.— (1) Subject to paragraph (2) of this subsection, the Secretary 

shall disqualify from operating a commercial motor vehicle for 

life an individual— 

(A) committing more than one violation of driving a commercial motor vehicle under the influence of alcohol or a 

controlled substance; 

(B) committing more than one violation of leaving the 

scene of an accident involving a commercial motor vehicle 

operated by the individual; 

(C) using a commercial motor vehicle in committing 

more than one felony arising out of different criminal episodes; 

(D) committing more than one violation of driving a commercial motor vehicle when the individual’s commercial 

driver’s license is revoked, suspended, or canceled based on 


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the individual’s operation of a øcommercial¿ motor vehicle 

or when the individual is disqualified from operating a 

commercial motor vehicle based on the individual’s operation of a commercial motor vehicle; 

(E) convicted of more than one offense of causing a fatality through negligent or criminal operation of a commercial 

motor vehicle; or 

(F) committing any combination of single violations or 

use described in subparagraphs (A) through (E). 

(2) The Secretary may prescribe regulations establishing 

guidelines (including conditions) under which a disqualification 

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

to a period of not less than 10 years. 

ø(d) CONTROLLED SUBSTANCE VIOLATIONS.—The Secretary shall 

disqualify from operating a commercial motor vehicle for life an individual who uses a commercial motor vehicle in committing a felony involving manufacturing, distributing, or dispensing a controlled substance, or possession with intent to manufacture, distribute, or dispense a controlled substance.¿ 

(d) CONTROLLED SUBSTANCE VIOLATIONS.—The Secretary may 

permanently disqualify an individual from operating a commercial 

vehicle if the individual— 

(1) uses a commercial motor vehicle in the commission of a 

felony involving manufacturing, distributing, or dispensing a 

controlled substance, or possession with intent to manufacture, 

distribute, or dispense a controlled substance; or 

(2) uses alcohol or a controlled substance, in violation of section 31306, 3 or more times. 

(e) SERIOUS TRAFFIC VIOLATIONS.— (1) The Secretary shall disqualify from operating a commercial motor vehicle for at least 60 days an individual who, in a 

3-year period, commits 2 serious traffic violations involving a 

commercial motor vehicle operated by the individual. 

(2) The Secretary shall disqualify from operating a commercial motor vehicle for at least 120 days an individual who, in 

a 3-year period, commits 3 serious traffic violations involving 

a commercial motor vehicle operated by the individual. 

(f) EMERGENCY DISQUALIFICATION.— (1) LIMITED DURATION.—The Secretary shall disqualify an individual from operating a commercial motor vehicle for not to 

exceed 30 days if the Secretary determines that allowing the 

individual to continue to operate a commercial motor vehicle 

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

section 521 or section 5102). 

(2) AFTER NOTICE AND HEARING.—The Secretary shall disqualify an individual from operating a commercial motor vehicle for more than 30 days if the Secretary determines, after notice and an opportunity for a hearing, that allowing the individual to continue to operate a commercial motor vehicle would 

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

521 or section 5102). 

(g) NONCOMMERCIAL MOTOR VEHICLE CONVICTIONS.— (1) ISSUANCE OF REGULATIONS.—øNot later than 1 year after 

the date of the enactment of this Act, the¿ The Secretary shall 


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issue regulations providing for the disqualification by the Secretary from operating a commercial motor vehicle of an individual øwho holds a commercial driver’s license and¿ who has 

been convicted of— 

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

than a commercial motor vehicle) that has resulted in the 

revocation, cancellation, or suspension of the individual’s 

license; or 

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

vehicle (other than a commercial motor vehicle). 

(2) REQUIREMENTS FOR REGULATIONS.—Regulations issued 

under paragraph (1) shall establish the minimum periods for 

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

shall the time periods for disqualification for noncommercial 

motor vehicle violations be more stringent than those for offenses or violations involving a commercial motor vehicle. The 

Secretary shall determine such periods based on the seriousness of the offenses on which the convictions are based. 

(h) DISQUALIFICATION FOR FAILURE TO PAY.—The Secretary shall 

disqualify from operating a commercial motor vehicle any individual who fails to pay a civil penalty within the prescribed period, 

or fails to conform to the terms of a settlement with the Secretary. 

A disqualification shall continue until the penalty is paid, or the individual conforms to the terms of the settlement, unless the nonpayment is because the individual is a debtor in a case under chapter 11 of title 11, United States Code. 

ø(h)¿ (i) STATE DISQUALIFICATION.—øNotwithstanding subsections (b) through (g)¿ Notwithstanding subsections (b) through 

(h) of this section, the Secretary does not have to disqualify an individual from operating a commercial motor vehicle if the State 

that issued the individual a license authorizing the operation has 

disqualified the individual from operating a commercial motor vehicle under subsections (b) through (g). If the State has not disqualified the individual from operating a commercial vehicle under subsections (a) through (g), the State shall disqualify the individual if 

the Secretary determines under section 31144(g) that the individual 

is disqualified from operating a commercial motor vehicle. Revocation, suspension, or cancellation of the license is deemed to be disqualification under this subsection. 

ø(i)¿ (j) OUT-OF-SERVICE ORDERS.— 

(1) 

(A) To enforce section 392.5 of title 49, Code of Federal 

Regulations, the Secretary shall prescribe regulations establishing and enforcing an out-of-service period of 24 

hours for an individual who violates section 392.5. An individual may not violate an out-of-service order issued under 

those regulations. 

(B) The Secretary shall prescribe regulations establishing and enforcing requirements for reporting out-ofservice orders issued under regulations prescribed under 

subparagraph (A) of this paragraph. Regulations prescribed under this subparagraph shall require at least that 

an operator of a commercial motor vehicle who is issued an 

out-of-service order to report the issuance to the individVerDate Mar 15 2010 23:11 Nov 14, 2012 Jkt 029010 PO 00000 Frm 00152 Fmt 6604 Sfmt 6602 E:\HR\OC\SR238.XXX SR238

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ual’s employer and to the State that issued the operator a 

driver’s license. 

(2) The Secretary shall prescribe regulations establishing 

sanctions and penalties related to violations of out-of-service 

orders by individuals operating commercial motor vehicles. The 

regulations shall require at least that— 

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

have committed a first violation of an out-of-service order 

shall be disqualified from operating such a vehicle for at 

least 180 days and liable for a civil penalty of at least 

$2,500; 

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

have committed a 2d violation of an out-of-service order 

shall be disqualified from operating such a vehicle for at 

least 2 years and not more than 5 years and liable for a 

civil penalty of at least $5,000; 

(C) an employer that knowingly allows or requires an 

employee to operate a commercial motor vehicle in violation of an out-of-service order shall be liable for a civil penalty of not more than $25,000; and 

(D) an employer that knowingly and willfully allows or 

requires an employee to operate a commercial motor vehicle in violation of an out-of-service order shall, upon conviction, be subject for each offense to imprisonment for a 

term not to exceed one year or a fine under title 18, or 

both. 

ø(j)¿ (k) GRADE-GROSSING VIOLATIONS.— (1) SANCTIONS.—The Secretary shall issue regulations establishing sanctions and penalties relating to violations, by persons operating commercial motor vehicles, of laws and regulations pertaining to railroad-highway grade crossings. 

(2) MINIMUM REQUIREMENTS.—The regulations issued under 

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

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

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

license; and 

(B) any employer that knowingly allows, permits, authorizes, or requires an employee to operate a commercial 

motor vehicle in violation of such a law or regulation shall 

be subject to a civil penalty of not more than $10,000. 

ƒ(k)≈ (l) FOREIGN COMMERCIAL DRIVERS.—A foreign commercial 

driver shall be subject to disqualification under this section. 

§ 31311. Requirements for State participation 

(a) GENERAL.—To avoid having amounts withheld from apportionment under section 31314 of this title, a State shall comply 

with the following requirements: 

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

and ensuring the fitness of individuals to operate commercial 

motor vehicles consistent with the minimum standards prescribed by the Secretary of Transportation under section 

31305(a) of this title. 

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

individual only if the individual passes written and driving 


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tests for the operation of a commercial motor vehicle that comply with the minimum standards. 

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

that an individual with a blood alcohol concentration level at 

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

when operating a commercial motor vehicle is deemed to be 

driving under the influence of alcohol. 

(4) The State shall authorize an individual to operate a commercial motor vehicle only by issuing a commercial driver’s license containing the information described in section 31308(3) 

of this title. 

(5) øAt least 60 days before issuing a commercial driver’s license (or a shorter period the Secretary prescribes by regulation),¿ Not later than the time period prescribed by the Secretary by regulation, the State shall notify the Secretary or the 

operator of the information system under section 31309 of this 

title, as the case may be, of the proposed issuance of the license and other information the Secretary may require to ensure identification of the individual applying for the license. 

(6) Before issuing a commercial driver’s license to an individual or renewing such a license, the State shall request from 

any other State that has issued a driver’s license to the individual all information about the driving record of the individual. 

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

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

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

case may be, of the issuance. 

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

a commercial driver’s license from operating a commercial 

motor vehicle (or after revoking, suspending, or canceling the 

license) for at least 60 days, the State shall notify the Secretary or the operator of the information system under section 

31309 of this title, as the case may be, and the State that 

issued the license, of the disqualification, revocation, suspension, or cancellation, and the violation that resulted in the disqualification, revocation, suspension, or cancellation shall be 

recorded. 

(9) If an individual violates a State or local law on motor vehicle traffic control (except a parking violation) and the individual— 

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

State; or 

(B) is operating a commercial vehicle without a commercial driver’s license and has a driver’s license issued by another State, 

the State in which the violation occurred shall notify a State 

official designated by the issuing State of the violations not 

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

have committed the violation. 

(10) (A) The State may not issue a commercial driver’s license to an individual during a period in which the individual 

is disqualified from operating a commercial motor vehicle or 


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the individual’s driver’s license is revoked, suspended, or canceled. 

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

(including a provisional or temporary license) to an individual who holds a commercial driver’s license that permits the individual to drive a commercial motor vehicle 

during a period in which— 

(i) the individual is disqualified from operating a 

commercial motor vehicle; or 

(ii) the individual’s driver’s license is revoked, suspended, or canceled. 

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

individual who has a commercial driver’s license issued by another State only if the individual first returns the driver’s license issued by the other State. 

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

to an individual who operates or will operate a commercial 

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

regulations the Secretary shall prescribe, the State may issue 

a commercial driver’s license to an individual who operates or 

will operate a commercial motor vehicle and is not domiciled 

in a State that issues commercial drivers’ licenses. 

(13) The State shall impose penalties consistent with this 

chapter that the State considers appropriate and the Secretary 

approves for an individual operating a commercial motor vehicle. 

(14) The State shall allow an individual to operate a commercial motor vehicle in the State if— 

(A) the individual has a commercial driver’s license 

issued by another State under the minimum standards 

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

title; 

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

and 

(C) the individual is not disqualified from operating a 

commercial motor vehicle. 

(15) The State shall disqualify an individual from operating 

a commercial motor vehicle for the same reasons and time periods for which the Secretary shall disqualify the individual 

under subsections (b)-(e), (i)(1)(A) and (i)(2) of section 31310. 

(16) 

(A) Before issuing a commercial driver’s license to an individual, the State shall request the Secretary for information from the National Driver Register maintained under 

chapter 303 of this title (after the Secretary decides the 

Register is operational) on whether the individual— 

(i) has been disqualified from operating a motor vehicle (except a commercial motor vehicle); 

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

the individual to operate a commercial motor vehicle) 

revoked, suspended, or canceled for cause in the 3- 

year period ending on the date of application for the 

commercial driver’s license; or 


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(iii) has been convicted of an offense specified in section 30304(a)(3) of this title. 

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

that information in deciding whether to issue the individual a commercial driver’s license. 

(17) The State shall adopt and enforce regulations prescribed 

by the Secretary under section 31310(j) of this title. 

(18) The State shall maintain, as part of its driver information system, a record of each violation of a State or local motor 

vehicle traffic control law while operating a motor vehicle (except a parking violation) for each individual who holds a commercial driver’s license. The record shall be available upon request to the individual, the Secretary, employers, prospective 

employers, State licensing and law enforcement agencies, and 

their authorized agents. 

(19) The State shall— 

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

a commercial driver’s license issued by the State; and 

(B) make available to all authorized persons and governmental entities having access to such record, 

all information the State receives under paragraph (9) with respect to the individual and every violation by the individual involving a motor vehicle (including a commercial motor vehicle) 

of a State or local law on traffic control (except a parking violation), not later than 10 days after the date of receipt of such 

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

The State may not allow information regarding such violations 

to be withheld or masked in any way from the record of an individual possessing a commercial driver’s license. 

(20) The State shall revoke, suspend, or cancel the commercial driver’s license of an individual in accordance with regulations issued by the Secretary to carry out section 31310(g). 

(21) By the date established by the Secretary under section 

31309(e)(4), the State shall be operating a commercial driver’s 

license information system that is compatible with the modernized commercial driver’s license information system under section 31309. 

(22) The State shall report a conviction of a foreign commercial driver by that State to the Federal Convictions and Withdrawal Database, or another information system designated by 

the Secretary to record the convictions. A report shall include— 

(A) for a driver holding a foreign commercial driver’s license— 

(i) each conviction relating to the operation of a commercial motor vehicle; and 

(ii) a non-commercial motor vehicle; and 

(B) for an unlicensed driver or a driver holding a foreign 

non-commercial driver’s license, each conviction for operating a commercial motor vehicle. 

(23) Not later than 1 year after the date of enactment of the 

Commercial Motor Vehicle Safety Enhancement Act of 2011, the 

State shall implement a system and practices for the exclusive 

electronic exchange of driver history record information on the 


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system the Secretary maintains under section 31309, including 

the posting of convictions, withdrawals, and disqualifications. 

(24) Not later than 1 year after the date of enactment of the 

Commercial Motor Vehicle Safety Enhancement Act of 2011, the 

State shall establish and maintain, as part of its driver information system, the capability to receive an electronic copy of a 

medical examiner’s certificate, from a certified medical examiner, for each holder of a commercial driver’s license issued by 

the State who operates or intends to operate in interstate commerce. 

(b) STATE SATISFACTION OF REQUIREMENTS.—A State may satisfy 

the requirements of subsection (a) of this section that the State disqualify an individual from operating a commercial motor vehicle by 

revoking, suspending, or canceling the driver’s license issued to the 

individual. 

(c) NOTIFICATION.—Not later than 30 days after being notified by 

a State of the proposed issuance of a commercial driver’s license to 

an individual, the Secretary or the operator of the information system under section 31309 of this title, as the case may be, shall notify the State whether the individual has a commercial driver’s license issued by another State or has been disqualified from operating a commercial motor vehicle by another State or the Secretary. 

(d) CRITICAL REQUIREMENTS.— (1) IDENTIFICATION OF CRITICAL REQUIREMENTS.—After reviewing the requirements under subsection (a), including the 

regulations issued pursuant to subsection (a) and section 

31309(e)(4), the Secretary shall identify the requirements that 

are critical to an effective State commercial driver’s license program. 

(2) GUIDANCE.—Not later than 180 days after the date of enactment of the Commercial Motor Vehicle Safety Enhancement 

Act of 2011, the Secretary shall issue guidance to assist States 

in complying with the critical requirements identified under 

paragraph (1). The guidance shall include a description of the 

actions that each State must take to collect and share accurate 

and complete data in a timely manner. 

(e) STATE COMMERCIAL DRIVER’S LICENSE PROGRAM PLAN.— (1) IN GENERAL.—Not later than 180 days after the Secretary 

issues guidance under subsection (d)(2), a State shall submit a 

plan to the Secretary for complying with the requirements 

under this section during the period beginning on the date the 

plan is submitted and ending on September 30, 2016. 

(2) CONTENTS.—A plan submitted by a State under paragraph (1) shall identify— 

(A) the actions that the State will take to comply with the 

critical requirements identified under subsection (d)(1); 

(B) the actions that the State will take to address any deficiencies in the State’s commercial driver’s license program, as identified by the Secretary in the most recent 

audit of the program; and 

(C) other actions that the State will take to comply with 

the requirements under subsection (a). 

(3) PRIORITY.— 


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(A) IMPLEMENTATION SCHEDULE.—A plan submitted by a 

State under paragraph (1) shall include a schedule for the 

implementation of the actions identified under paragraph 

(2). In establishing the schedule, the State shall prioritize 

the actions identified under paragraphs (2)(A) and (2)(B). 

(B) DEADLINE FOR COMPLIANCE WITH CRITICAL REQUIRE- MENTS.—A plan submitted by a State under paragraph (1) 

shall include assurances that the State will take the necessary actions to comply with the critical requirements pursuant to subsection (d) not later than September 30, 2015. 

(4) APPROVAL AND DISAPPROVAL.—The Secretary shall— 

(A) review each plan submitted under paragraph (1); 

(B) approve a plan that the Secretary determines meets 

the requirements under this subsection and promotes the 

goals of this chapter; and 

(C) disapprove a plan that the Secretary determines does 

not meet the requirements or does not promote the goals. 

(5) MODIFICATION OF DISAPPROVED PLANS.—If the Secretary 

disapproves a plan under paragraph (4)(C), the Secretary 

shall— 

(A) provide a written explanation of the disapproval to 

the State; and 

(B) allow the State to modify the plan and resubmit it for 

approval. 

(6) PLAN UPDATES.—The Secretary may require a State to review and update a plan, as appropriate. 

(f) ANNUAL COMPARISON OF STATE LEVELS OF COMPLIANCE.—The 

Secretary shall annually— 

(1) compare the relative levels of compliance by States with 

the requirements under subsection (a); and 

(2) make the results of the comparison available to the public. 

§ 31312. Decertification authority 

(a) IN GENERAL.—If the Secretary of Transportation determines 

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

Secretary shall issue an order to— 

(1) prohibit that State from carrying out licensing procedures 

under this chapter; and 

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

licenses until such time the Secretary determines such State is 

in substantial compliance with this chapter. 

(b) DEADLINE FOR COMPLIANCE WITH CRITICAL REQUIREMENTS.— 

Beginning on October 1, 2016, in making a determination under 

subsection (a), the Secretary shall consider a State to be in substantial noncompliance with this chapter if the Secretary determines 

that— 

(1) the State is not complying with a critical requirement 

under section 31311(d)(1); and 

(2) sufficient grant funding was made available to the State 

under section 31313(a) to comply with the requirement. 

ø(b)¿ (c) EFFECT ON OTHER STATES.—A State (other than a State 

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

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

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


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individual meets all requirements of this chapter and the nonresident licensing requirements of the issuing State. 

ø(c)¿ (d) PREVIOUSLY ISSUED LICENSES.—Nothing in this section 

shall be construed as invalidating or otherwise affecting commercial driver’s licenses issued by a State before the date of issuance 

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

§ ø31313. Grants for commercial driver’s license program improvements 

ø(a) GRANTS FOR COMMERCIAL DRIVER’S LICENSE PROGRAM IM- PROVEMENTS.— ø(1) GENERAL AUTHORITY.—The Secretary of Transportation 

may make a grant to a State in a fiscal year— 

ø(A) to comply with the requirements of section 31311; 

and 

ø(B) in the case of a State that is making a good faith 

effort toward substantial compliance with the requirements of section 31311 and this section, to improve its implementation of its commercial driver’s license program. 

ø(2) PURPOSES FOR WHICH GRANTS MAY BE USED.— ø(A) IN GENERAL.—A State may use grants under paragraphs (1)(A) and (1)(B) only for expenses directly related 

to its compliance with section 31311; except that a grant 

under paragraph (1)(B) may be used for improving implementation of the State’s commercial driver’s license program, including expenses for computer hardware and software, publications, testing, personnel, training, and quality control. The grant may not be used to rent, lease, or 

buy land or buildings. 

ø(B) PRIORITY.—In making grants under paragraph 

(1)(B), the Secretary shall give priority to States that will 

use such grants to achieve compliance with the requirements of the Motor Carrier Safety Improvement Act of 

1999, including the amendments made by such Act. 

ø(3) APPLICATION.—In order to receive a grant under this 

section, a State shall submit an application for such grant that 

is in such form, and contains such information, as the Secretary may require. The application shall include the State’s 

assessment of its commercial driver’s license program. 

ø(4) MAINTENANCE OF EXPENDITURES.—The Secretary may 

make a grant to a State under this subsection only if the State 

agrees that the total expenditure of amounts of the State and 

political subdivisions of the State, exclusive of amounts from 

the United States, for the State’s commercial driver’s license 

program will be maintained at a level at least equal to the average level of that expenditure by the State and political subdivisions of the State for the last 2 fiscal years of the State 

ending before the date of enactment of this section. 

ø(5) GOVERNMENT SHARE.—The Secretary shall reimburse a 

State under a grant made under this subsection an amount 

that is not more than 100 percent of the costs incurred by the 

State in a fiscal year in complying with section 31311 and improving its implementation of its commercial driver’s license 

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clude in-kind contributions by the State. Amounts required to 

be expended by the State under paragraph (4) may not be included as part of the non-Federal share of such costs. 

ø(b) HIGH-PRIORITY ACTIVITIES.— ø(1) GRANTS FOR NATIONAL CONCERNS.—The Secretary may 

make a grant to a State agency, local government, or other person for 100 percent of the costs of research, development, demonstration projects, public education, and other special activities and projects relating to commercial driver licensing and 

motor vehicle safety that are of benefit to all jurisdictions of 

the United States or are designed to address national safety 

concerns and circumstances. 

ø(2) FUNDING.-The Secretary may deduct up to 10 percent of 

the amounts made available to carry out this section for a fiscal year to make grants under this subsection. 

ø(c) EMERGING ISSUES.—The Secretary may designate up to 10 

percent of the amounts made available to carry out this section for 

a fiscal year for allocation to a State agency, local government, or 

other person at the discretion of the Secretary to address emerging 

issues relating to commercial driver’s license improvements. 

ø(d) APPORTIONMENT.—Except as otherwise provided in subsection (c), all amounts made available to carry out this section for 

a fiscal year shall be apportioned to States according to criteria 

prescribed by the Secretary.¿ 

§ 31313. Driver safety grants 

(a) GENERAL AUTHORITY.—The Secretary shall make and administer a driver focused grant program to assist the States, local governments, entities, and other persons with commercial driver’s license systems, programs, training, fraud detection, reporting of violations and other programs required to improve the safety of drivers 

as the Federal Motor Carrier Safety Administration deems critical. 

The Secretary shall allocate the funds for the program in accordance with section 31104. 

(b) COMMERCIAL DRIVER’S LICENSE PROGRAM IMPROVEMENT

GRANTS.— 

(1) PROGRAM GOAL.—The Secretary of Transportation may 

make a grant to a State in a fiscal year— 

(A) to comply with the requirements of section 31311; 

(B) in the case of a State that is making a good faith effort toward substantial compliance with the requirements 

of this section and section 31311, to improve its implementation of its commercial driver’s license program; 

(C) for research, development demonstration projects, 

public education, and other special activities and projects 

relating to commercial driver licensing and motor vehicle 

safety that are of benefit to all jurisdictions of the United 

States or are designed to address national safety concerns 

and circumstances; 

(D) for commercial driver’s license program coordinators; 

(E) to implement or maintain a system to notify an employer of an operator of a commercial motor vehicle of the 

suspension or revocation of the operator’s commercial driver’s license consistent with the standards developed under 


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section 304(b) of the Commercial Motor Vehicle Safety Enhancement Act of 2011; or 

(F) to train operators of commercial motor vehicles, as 

defined under section 31301, and to train operators and future operators in the safe use of such vehicles. Funding priority for this discretionary grant program shall be to regional or multi-state educational or nonprofit associations 

serving economically distressed regions of the United 

States. 

(2) PRIORITY.—The Secretary shall give priority, in making 

grants under paragraph (1)(B), to a State that will use the 

grants to achieve compliance with the requirements of the Motor 

Carrier Safety Improvement Act of 1999 (113 Stat. 1748), including the amendments made by the Commercial Motor Vehicle Safety Enhancement Act of 2011. 

(3) RECIPIENTS.—The Secretary may allocate grants to State 

agencies, local governments, and other persons for carrying out 

activities and projects that improve commercial driver’s license 

safety and compliance with commercial driver’s license and 

commercial motor vehicle safety regulations in accordance with 

the program goals under paragraph (1) and that train operators on commercial motor vehicles. The Secretary may make a 

grant to a State to comply with section 31311 for commercial 

driver’s license program coordinators and for notification systems. 

(4) FEDERAL SHARE.—The Federal share of a grant made 

under this program shall be at least 80 percent, except that the 

Federal share of grants for commercial driver license program 

coordinators and training commercial motor vehicle operators 

shall be 100 percent. 

§ 31315. Waivers, exemptions, and pilot programs 

(a) WAIVERS.—The Secretary may grant a waiver that relieves a 

person from compliance in whole or in part with a regulation 

issued under this chapter or section 31136 if the Secretary determines that it is in the public interest to grant the waiver and that 

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

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

the absence of the waiver— 

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

(2) limited in scope and circumstances; and 

ø(3) for nonemergency and unique events; and¿ 

ø(4)¿ (3) subject to such conditions as the Secretary may impose. 

(b) EXEMPTIONS.— 

(1) IN GENERAL.—Upon receipt of a request pursuant to paragraph (3), the Secretary of Transportation may grant to a person or class of persons an exemption from a regulation prescribed under this chapter or section 31136 if the Secretary 

finds such exemption would likely achieve a level of safety that 

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

achieved absent such exemption. An exemption may be granted 

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

renewed upon application to the Secretary. 


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(2) AUTHORITY TO REVOKE EXEMPTION.—The Secretary shall 

immediately revoke an exemption if— 

(A) the person fails to comply with the terms and conditions of such exemption; 

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

than was maintained before the exemption was granted; or 

(C) continuation of the exemption would not be consistent with the goals and objectives of this chapter or section 31136, as the case may be. 

(3) REQUESTS FOR EXEMPTION.—Not later than 180 days 

after the date of enactment of this section and after notice and 

an opportunity for public comment, the Secretary shall specify 

by regulation the procedures by which a person may request 

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

the person to provide the following information for each exemption request: 

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

(B) The time period during which the requested exemption would apply. 

(C) An analysis of the safety impacts the requested exemption may cause. 

(D) The specific countermeasures the person would undertake to ensure an equivalent or greater level of safety 

than would be achieved absent the requested exemption. 

(4) NOTICE AND COMMENT.— (A) Upon receipt of a request. Upon receipt of an exemption request, the Secretary shall publish in the Federal 

Register (or, in the case of a request for an exemption from 

the physical qualification standards for commercial motor 

vehicle drivers, post on a web site established by the Secretary to implement the requirements of section 31149) a 

notice explaining the request that has been filed and shall 

give the public an opportunity to inspect the safety analysis and any other relevant information known to the Secretary and to comment on the request. This subparagraph 

does not require the release of information protected by 

law from public disclosure. 

ø(B) Upon granting a request. Upon granting a request 

for exemption, the Secretary shall publish in the Federal 

Register the name of the person granted the exemption, 

the provisions from which the person will be exempt, the 

effective period, and all terms and conditions of the exemption.¿ 

(B) UPON GRANTING A REQUEST.—Upon granting a request and before the effective date of the exemption, the Secretary shall publish in the Federal Register (or, in the case 

of an exemption from the physical qualification standards 

for commercial motor vehicle drivers, post on a web site established by the Secretary to implement the requirements of 

section 31149) the name of the person granted the exemption, the provisions from which the person is exempt, the effective period, and the terms and conditions of the exemption. 


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(C) AFTER DENYING A REQUEST.—After denying a request 

for exemption, the Secretary shall publish in the Federal 

Register (or, in the case of a request for an exemption from 

the physical qualification standards for commercial motor 

vehicle drivers, post on a web site established by the Secretary to implement the requirements of section 31149) the 

name of the person denied the exemption and the reasons 

for such denial. The Secretary may meet the requirement 

of this subparagraph by periodically publishing in the Federal Register the names of persons denied exemptions and 

the reasons for such denials. 

(5) APPLICATIONS TO BE DEALT WITH PROMPTLY.—The Secretary shall grant or deny an exemption request after a thorough review of its safety implications, but in no case later than 

180 days after the filing date of such request. 

(6) TERMS AND CONDITIONS.—The Secretary shall establish 

terms and conditions for each exemption to ensure that it will 

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

than, the level that would be achieved absent such exemption. 

The Secretary shall monitor the implementation of the exemption to ensure compliance with its terms and conditions. 

ø(7) NOTIFICATION OF STATE COMPLIANCE AND ENFORCEMENT

PERSONNEL.—Before granting a request for exemption, the Secretary shall notify State safety compliance and enforcement 

personnel, including roadside inspectors, and the public that a 

person will be operating pursuant to an exemption and any 

terms and conditions that will apply to the exemption.¿ 

(7) NOTIFICATION OF STATE COMPLIANCE AND ENFORCEMENT

PERSONNEL.—Before the effective date of an exemption, the Secretary shall notify a State safety compliance and enforcement 

agency, and require the agency pursuant to section 

31102(b)(1)(Y) to notify the State’s roadside inspectors, that a 

person will be operating pursuant to an exemption and the 

terms and conditions that apply to the exemption. 

(c) PILOT PROGRAMS.— 

(1) IN GENERAL.—The Secretary may conduct pilot programs 

to evaluate alternatives to regulations relating to, or innovative approaches to, motor carrier, commercial motor vehicle, 

and driver safety. Such pilot programs may include exemptions 

from a regulation prescribed under this chapter or section 

31136 if the pilot program contains, at a minimum, the elements described in paragraph (2). The Secretary shall publish 

øin the Federal Register¿ a detailed description of each pilot 

program, including the exemptions to be considered, and provide notice and an opportunity for public comment before the 

effective date of the program. 

(2) PROGRAM ELEMENTS.—In proposing a pilot program and 

before granting exemptions for purposes of a pilot program, the 

Secretary shall require, as a condition of approval of the 

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

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

the level of safety that would otherwise be achieved through 

compliance with the regulations prescribed under this chapter 


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

the following elements in each pilot program plan: 

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

than 3 years. 

(B) A specific data collection and safety analysis plan 

that identifies a method for comparison. 

(C) A reasonable number of participants necessary to 

yield statistically valid findings. 

(D) An oversight plan to ensure that participants comply 

with the terms and conditions of participation. 

(E) Adequate countermeasures to protect the health and 

safety of study participants and the general public. 

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

the pilot program and to identify approved participants to 

safety compliance and enforcement personnel and to the 

public. 

(3) AUTHORITY TO REVOKE PARTICIPATION.—The Secretary 

shall immediately revoke participation in a pilot program of a 

motor carrier, commercial motor vehicle, or driver for failure to 

comply with the terms and conditions of the pilot program or 

if continued participation would not be consistent with the 

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

case may be. 

(4) AUTHORITY TO TERMINATE PROGRAM.—The Secretary shall 

immediately terminate a pilot program if its continuation 

would not be consistent with the goals and objectives of this 

chapter or section 31136, as the case may be. 

(5) REPORT TO CONGRESS.—At the conclusion of each pilot 

program, the Secretary shall report to Congress the findings, 

conclusions, and recommendations of the program, including 

suggested amendments to laws and regulations that would enhance motor carrier, commercial motor vehicle, and driver safety and improve compliance with national safety standards. 

(d) PREEMPTION OF STATE RULES.—During the time period that 

a waiver, exemption, or pilot program is in effect under this chapter or section 31136, no State shall enforce any law or regulation 

that conflicts with or is inconsistent with the waiver, exemption, or 

pilot program with respect to a person operating under the waiver 

or exemption or participating in the pilot program. 

(e) REPORT TO CONGRESS.—The Secretary shall submit an annual 

report to the Committee on Commerce, Science, and Transportation 

of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives listing the waivers, exemptions, 

and pilot programs granted under this section, and any impacts on 

safety. 

(f) WEB SITE.—The Secretary shall ensure that the Federal Motor 

Carrier Safety Administration web site includes a link to the web 

site established by the Secretary to implement the requirements 

under sections 31149 and 31315. The link shall be in a clear and 

conspicuous location on the home page of the Federal Motor Carrier 

Safety Administration web site and be easily accessible to the public. 


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SUBTITLE X. MISCELLANEOUS

CHAPTER 805. MISCELLANEOUS

§ 80502. Transportation of animals 

(a) CONFINEMENT.— 

(1) Except as provided in this section, a rail carrier, express 

carrier, or common carrier (except by air or water), a receiver, 

trustee, or lessee of one of those carriers, or an owner or master of a vessel transporting animals from a place in a State, 

the District of Columbia, or a territory or possession of the 

United States through or to a place in another State, the District of Columbia, or a territory or possession, may not confine 

animals in a vehicle or vessel for more than 28 consecutive 

hours without unloading the animals for feeding, water, and 

rest. 

(2) Sheep may be confined for an additional 8 consecutive 

hours without being unloaded when the 28-hour period of confinement ends at night. Animals may be confined for— 

(A) more than 28 hours when the animals cannot be unloaded because of accidental or unavoidable causes that 

could not have been anticipated or avoided when being 

careful; and 

(B) 36 consecutive hours when the owner or person having custody of animals being transported requests, in writing and separate from a bill of lading or other rail form, 

that the 28-hour period be extended to 36 hours. 

(3) Time spent in loading and unloading animals is not included as part of a period of confinement under this subsection. 

(b) UNLOADING, FEEDING, WATERING, AND REST.—Animals being 

transported shall be unloaded in a humane way into pens equipped 

for feeding, water, and rest for at least 5 consecutive hours. The 

owner or person having custody of the animals shall feed and water 

the animals. When the animals are not fed and watered by the 

owner or person having custody, the rail carrier, express carrier, or 

common carrier (except by air or water), the receiver, trustee, or 

lessee of one of those carriers, or the owner or master of a vessel 

transporting the animals— 

(1) shall feed and water the animals at the reasonable expense of the owner or person having custody, except that the 

owner or shipper may provide food; 

(2) has a lien on the animals for providing food, care, and 

custody that may be collected at the destination in the same 

way that a transportation charge is collected; and 

(3) is not liable for detaining the animals for a reasonable 

period to comply with subsection (a) of this section. 

(c) NONAPPLICATION.—øThis section does not¿ Subsections (a) 

and (b) shall not apply when animals are transported in a vehicle 

or vessel in which the animals have food, water, space, and an opportunity for rest. 

(d) TRANSPORTATION OF HORSES.— 

(1) PROHIBITION.—No person may transport, or cause to be 

transported, a horse from a place in a State, the District of Columbia, or a territory or possession of the United States through 


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or to a place in another State, the District of Columbia, or a 

territory or possession of the United States in a motor vehicle 

containing 2 or more levels stacked on top of each other. 

(2) MOTOR VEHICLE DEFINED.—In this subsection, the term 

‘‘motor vehicle’’— 

(A) means a vehicle driven or drawn by mechanical 

power and manufactured primarily for use on public highways; and 

(B) does not include a vehicle operated exclusively on a 

rail or rails. 

ø(d)¿ (e) CIVIL PENALTY.—øA rail carrier¿ 

(1) IN GENERAL.—A rail carrier, express carrier, or common 

carrier (except by air or water), a receiver, trustee, or lessee of 

one of those carriers, or an owner or master of a vessel that 

knowingly and willfully violates øthis section¿ subsection (a) or 

(b) is liable to the United States Government for a civil penalty 

of at least $100 but not more than $500 for each violation. øOn 

learning¿ 

(2) TRANSPORTATION OF HORSES IN MULTILEVEL TRAILER.— 

(A) CIVIL PENALTY.—A person that knowingly violates 

subsection (d) is liable to the United States Government for 

a civil penalty of at least $100 but not more than $500 for 

each violation. A separate violation occurs under subsection 

(d) for each horse that is transported, or caused to be transported, in violation of subsection (d). 

(B) RELATIONSHIP TO OTHER LAWS.—The penalty provided under subparagraph (A) shall be in addition to any 

penalty or remedy available under any other law. 

(3) CIVIL ACTION.—On learning of a violation, the Attorney 

General shall bring a civil action to collect the penalty in the 

district court of the United States for the judicial district in 

which the violation occurred or the defendant resides or does 

business. 

MOTOR CARRIER SAFETY IMPROVEMENT ACT OF 1999 

SEC. 210. MINIMUM REQUIREMENTS FOR APPLICANT MOTOR CARRIERS. 

[49 U.S.C. 31144 note] 

* * * * * * * 

(b) The Secretary shall initiate a rulemaking to establish minimum requirements for applicant motor carriers, including foreign 

motor carriers, seeking Federal interstate operating authority to 

ensure applicant carriers are knowledgeable about applicable Federal motor carrier safety standards. As part of that rulemaking, the 

Secretary shall øconsider the establishment of¿ establish a proficiency examination for applicant motor carriers as well as other 

requirements to ensure such applicants understand applicable safety regulations, commercial regulations, and provisions of subpart H 

of part 37 of title 49, Code of Federal Regulations, or successor regulations before being granted operating authority. 


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SAFE, ACCOUNTABLE, FLEXIBLE, EFFICIENT TRANSPORTATION EQUITY ACT: A LEGACY FOR USERS (SAFETEALU) 

SEC. 4123. COMMERCIAL DRIVER’S LICENSE INFORMATION SYSTEM 

MODERNIZATION. 

* * * * * * * 

(f) BASELINE AUDIT.—øNot later than 1 year after the date of enactment of this Act, the¿ The Secretary, in consultation with the 

Inspector General of the Department of Transportation, shall perform a baseline audit of the information system maintained under 

section 31309 of title 49, United States Code. The audit shall include— 

(1) an assessment of the validity of data in the information 

system on a State-by-State basis; 

(2) an assessment of the extent to which convictions are validly posted on a driver’s record; 

(3) recommendations to the Secretary on how to update the 

baseline audit annually to ensure that any shortcomings in the 

information system are addressed, and a methodology for conducting the update; 

(4) identification, on a State-by-State basis, of any actions 

that the Inspector General finds necessary to improve the integrity of data collected by the system and to ensure the proper 

posting of convictions; and 

(5) an analysis of amounts and use of the revenues derived 

from fees charged for use of the commercial driver’s license information system. 

øSEC. 4138. HIGH RISK CARRIER COMPLIANCE REVIEWS. 

[49 U.S.C. 31144 note] 

øFrom the funds authorized by section 31104(i) of title 49, 

United States Code, the Secretary shall ensure that compliance reviews are completed on motor carriers that have demonstrated 

through performance data that they pose the highest safety risk. 

At a minimum, a compliance review shall be conducted whenever 

a motor carrier is rated as category A or B for 2 consecutive 

months.¿ 

SEC. 4144. MOTOR CARRIER SAFETY ADVISORY COMMITTEE. 

[49 U.S.C. 31100 note] 

(a) ESTABLISHMENT AND DUTIES.—The Secretary shall establish 

in the Federal Motor Carrier Safety Administration a motor carrier 

safety advisory committee. The committee shall— 

(1) provide advice and recommendations to the Administrator of the Federal Motor Carrier Safety Administration 

about needs, objectives, plans, approaches, content, and accomplishments of the motor carrier safety programs carried out by 

the Administration; and 

(2) provide advice and recommendations to the Administrator on motor carrier safety regulations. 

(b) MEMBERS, CHAIRMAN, PAY, AND EXPENSES.— 

(1) IN GENERAL.—The committee shall be composed of not 

more than 20 members appointed by the Administrator from 

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tion and who are specially qualified to serve on the committee 

because of their education, training, or experience. The members shall include representatives of the motor carrier industry, nonprofit employee labor organizations representing commercial motor vehicle drivers, safety advocates, and safety enforcement officials. Representatives of a single enumerated interest group may not constitute a majority of the members of 

the advisory committee. 

(2) CHAIRMAN.—The Administrator shall designate the chairman of the committee. 

(3) PAY.—A member of the committee shall serve without 

pay; except that the Administrator may allow a member, when 

attending meetings of the committee or a subcommittee of the 

committee, expenses authorized under section 5703 of title 5, 

relating to per diem, travel, and transportation expenses. 

(c) SUPPORT STAFF, INFORMATION, AND SERVICES.—The Administrator shall provide support staff for the committee. On request of 

the committee, the Administrator shall provide information, administrative services, and supplies that the Administrator considers 

necessary for the committee to carry out its duties and powers. 

(d) TERMINATION DATE.—Notwithstanding the Federal Advisory 

Committee Act (5 U.S.C. App.), the advisory committee shall terminate on øMarch 31, 2012¿ September 30, 2013. 

Æ 


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