299
tion occurred. On receiving the complaint, the Secretary shall notify the per-
son alleged to have committed the violation of the filing of the complaint.
(2)(A) Not later than 60 days after receiving a complaint, the Secretary
shall conduct an investigation, decide whether it is reasonable to believe the
complaint has merit, and notify the complainant and the person alleged to
have committed the violation of the findings. If the Secretary decides it is
reasonable to believe a violation occurred, the Secretary shall include with
the decision findings and a preliminary order for the relief provided under
paragraph (3) of this subsection.
(B) Not later than 30 days after the notice under subparagraph (A) of
this paragraph, the complainant and the person alleged to have committed
the violation may file objections to the findings or preliminary order, or
both, and request a hearing on the record. The filing of objections does not
stay a reinstatement ordered in the preliminary order. If a hearing is not
requested within the 30 days, the preliminary order is final and not subject
to judicial review.
(C) A hearing shall be conducted expeditiously. Not later than 120 days
after the end of the hearing, the Secretary shall issue a final order. Before
the final order is issued, the proceeding may be ended by a settlement
agreement made by the Secretary, the complainant, and the person alleged
to have committed the violation.
(3)(A) If the Secretary decides, on the basis of a complaint, a person vio-
lated subsection (a) of this section, the Secretary shall order the person to—
(i) take affirmative action to abate the violation;
(ii) reinstate the complainant to the former position with the same
pay and terms and privileges of employment; and
(iii) pay compensatory damages, including back pay.
(B) If the Secretary issues an order under subparagraph (A) of this para-
graph and the complainant requests, the Secretary may assess against the
person against whom the order is issued the costs (including attorney’s fees)
reasonably incurred by the complainant in bringing the complaint. The Sec-
retary shall determine the costs that reasonably were incurred.
(c) JUDICIAL REVIEW AND VENUE.—A person adversely affected by an
order issued after a hearing under subsection (b) of this section may file
a petition for review, not later than 60 days after the order is issued, in
the court of appeals of the United States for the circuit in which the viola-
tion occurred or the person resided on the date of the violation. The review
shall be heard and decided expeditiously. An order of the Secretary subject
to review under this subsection is not subject to judicial review in a criminal
or other civil proceeding.
300
(d) CIVIL ACTIONS TO ENFORCE.—If a person fails to comply with an
order issued under subsection (b) of this section, the Secretary shall bring
a civil action to enforce the order in the district court of the United States
for the judicial district in which the violation occurred.
§ 31106. Commercial motor vehicle information system pro-
gram
(a) DEFINITION.—In this section, ‘‘commercial motor vehicle’’ means a
self-propelled or towed vehicle used on highways in intrastate or interstate
commerce to transport passengers or property, if the vehicle—
(1) has a gross vehicle weight rating of at least 10,001 pounds;
(2) is designed to transport more than 15 passengers, including the
driver; or
(3) is used in transporting material found by the Secretary of Trans-
portation to be hazardous under section 5103 of this title and that ma-
terial is transported in a quantity requiring placarding under regula-
tions the Secretary prescribes under section 5103.
(b) INFORMATION SYSTEM.—(1) In cooperation with the States, the Sec-
retary may establish as part of the motor carrier safety information network
system of the Department of Transportation and similar State systems, an
information system to serve as a clearinghouse and depository of informa-
tion related to State registration and licensing of commercial motor vehicles
and the safety fitness of the commercial motor vehicle registrants. The Sec-
retary shall include in the system information on the safety fitness of each
of the registrants and other information the Secretary considers appro-
priate, including information on vehicle inspections and out-of-service or-
ders.
(2) The operation of the information system established under paragraph
(1) of this subsection shall be paid for by a schedule of user fees. The Sec-
retary may authorize the operation of the information system by contract,
through an agreement with one or more States, or by designating, after con-
sulting with the States, a third party that represents the interests of the
States.
(3) The Secretary shall prescribe standards to ensure—
(A) uniform information collection and reporting by the States nec-
essary to carry out this section; and
(B) the availability and reliability of the information to the States
and the Secretary from the information system.
(c) DEMONSTRATION PROJECT.—The Secretary shall make grants to
States to carry out a project to demonstrate ways of establishing an infor-
mation system that will link the motor carrier safety information network
system of the Department and similar State systems with the motor vehicle
301
registration and licensing systems of the States. The project shall be de-
signed—
(1) to allow a State when issuing license plates for a commercial
motor vehicle to establish through use of the information system the
safety fitness of the person seeking to register the vehicle; and
(2) to decide on types of sanctions that may be imposed on the reg-
istrant, or the types of conditions or limitations that may be imposed
on the operations of the registrant, to ensure the safety fitness of the
registrant.
(d) REVIEW OF STATE SYSTEMS.—Not later than December 18, 1992,
the Secretary, in cooperation with the States, shall review State motor vehi-
cle registration systems related to license tags for commercial motor vehicles
to decide whether those systems can be used in carrying out this section.
(e) REGULATIONS.—The Secretary shall prescribe regulations to carry
out this section.
(f) REPORT TO CONGRESS.—Not later than January 1, 1995, the Sec-
retary shall submit a report to Congress on the cost, benefits, and feasibility
of the information system established under subsection (b) of this section.
If the Secretary decides that the system would be beneficial on a nationwide
basis, the Secretary shall include in the report recommendations on legisla-
tion to implement a nationwide system.
(g) AUTHORIZATION OF APPROPRIATIONS.—Amounts necessary to carry
out this section may be made available to the Secretary under section
31104(g)(1)(B) of this title.
§ 31107. Truck and bus accident grant program
(a) STATE GRANTS.—The Secretary of Transportation shall make grants
to States that agree to adopt or have adopted the recommendations of the
National Governors’ Association related to police accident reports for truck
and bus accidents. The Secretary may make a grant under this section only
to assist a State in carrying out those recommendations, including—
(1) assisting the State in designing appropriate forms;
(2) drafting instruction manuals;
(3) training appropriate State and local officers on matters, includ-
ing training on accident investigation techniques to decide on the prob-
able cause of truck and bus accidents;
(4) analyzing and evaluating safety information to develop rec-
ommended changes to existing safety programs necessary to address
more effectively the causes of truck and bus accidents; and
(5) other activities the Secretary decides are appropriate to carry out
this section.
302
(b) COORDINATION WITH OTHER PROGRAMS.—The Secretary shall co-
ordinate grants made under this section with highway safety programs
under section 402 of title 23. The Secretary may require that the informa-
tion from police reports for truck and bus accidents be included in reports
made to the Secretary under the uniform information collection and report-
ing program under section 402.
(c) AUTHORIZATION OF APPROPRIATIONS.—Amounts necessary to carry
out this section may be made available to the Secretary under section
31104(g)(1)(C) of this title.
§ 31108. Authorization of appropriations
Not more than $––––––––– may be appropriated to the Secretary of
Transportation for the fiscal year ending September 30, 19––, to carry out
the safety duties and powers of the Federal Highway Administration.
SUBCHAPTER II—LENGTH AND WIDTH LIMITATIONS
§ 31111. Length limitations
(a) DEFINITIONS.—In this section—
(1) ‘‘maxi-cube vehicle’’ means a truck tractor combined with a
semitrailer and a separable property-carrying unit designed to be load-
ed and unloaded through the semitrailer, with the length of the sepa-
rable property-carrying unit being not more than 34 feet and the
length of the vehicle combination being not more than 65 feet.
(2) ‘‘truck tractor’’ means—
(A) a non-property-carrying power unit that operates in com-
bination with a semitrailer or trailer; or
(B) a power unit that carries as property only motor vehicles
when operating in combination with a semitrailer in transporting
motor vehicles.
(b) GENERAL LIMITATIONS.—(1) Except as provided in this section, a
State may not prescribe or enforce a regulation of commerce that—
(A) imposes a vehicle length limitation of less than 45 feet on a bus,
of less than 48 feet on a semitrailer operating in a truck tractor-
semitrailer combination, or of less than 28 feet on a semitrailer or
trailer operating in a truck tractor-semitrailer-trailer combination, on
any segment of the Dwight D. Eisenhower System of Interstate and
Defense Highways (except a segment exempted under subsection (f) of
this section) and those classes of qualifying Federal-aid Primary Sys-
tem highways designated by the Secretary of Transportation under
subsection (e) of this section;
(B) imposes an overall length limitation on a commercial motor vehi-
cle operating in a truck tractor-semitrailer or truck tractor-semitrailer-
trailer combination;
303
(C) has the effect of prohibiting the use of a semitrailer or trailer
of the same dimensions as those that were in actual and lawful use in
that State on December 1, 1982; or
(D) has the effect of prohibiting the use of an existing semitrailer
or trailer, of not more than 28.5 feet in length, in a truck tractor-
semitrailer-trailer combination if the semitrailer or trailer was operat-
ing lawfully on December 1, 1982, within a 65-foot overall length limit
in any State.
(2) A length limitation prescribed or enforced by a State under paragraph
(1)(A) of this subsection applies only to a semitrailer or trailer and not to
a truck tractor.
(c) MAXI-CUBE
AND VEHICLE COMBINATION LIMITATIONS.—A State
may not prohibit a maxi-cube vehicle or a commercial motor vehicle com-
bination consisting of a truck tractor and 2 trailing units on any segment
of the Dwight D. Eisenhower System of Interstate and Defense Highways
(except a segment exempted under subsection (f) of this section) and those
classes of qualifying Federal-aid Primary System highways designated by
the Secretary under subsection (e) of this section.
(d) EXCLUSION OF SAFETY AND ENERGY CONSERVATION DEVICES.—
Length calculated under this section does not include a safety or energy
conservation device the Secretary decides is necessary for safe and efficient
operation of a commercial motor vehicle. However, such a device may not
have by its design or use the ability to carry cargo.
(e) QUALIFYING HIGHWAYS.—The Secretary by regulation shall designate
as qualifying Federal-aid Primary System highways those highways of the
Federal-aid Primary System in existence on June 1, 1991, that can accom-
modate safely the applicable vehicle lengths provided in this section.
(f) EXEMPTIONS.—(1) If the chief executive officer of a State, after con-
sulting under paragraph (2) of this subsection, decides a segment of the
Dwight D. Eisenhower System of Interstate and Defense Highways is not
capable of safely accommodating a commercial motor vehicle having a length
described in subsection (b)(1)(A) of this section or the motor vehicle com-
bination described in subsection (c) of this section, the chief executive officer
may notify the Secretary of that decision and request the Secretary to ex-
empt that segment from either or both provisions.
(2) Before making a decision under paragraph (1) of this subsection, the
chief executive officer shall consult with units of local government in the
State in which the segment of the Dwight D. Eisenhower System of Inter-
state and Defense Highways is located and with the chief executive officer
of any adjacent State that may be directly affected by the exemption. As
part of the consultations, consideration shall be given to any potential alter-
304
native route that serves the area in which the segment is located and can
safely accommodate a commercial motor vehicle having a length described
in subsection (b)(1)(A) of this section or the motor vehicle combination de-
scribed in subsection (c) of this section.
(3) A chief executive officer’s notification under this subsection must in-
clude specific evidence of safety problems supporting the officer’s decision
and the results of consultations about alternative routes.
(4)(A) If the Secretary decides, on request of a chief executive officer or
on the Secretary’s own initiative, a segment of the Dwight D. Eisenhower
System of Interstate and Defense Highways is not capable of safely accom-
modating a commercial motor vehicle having a length described in sub-
section (b)(1)(A) of this section or the motor vehicle combination described
in subsection (c) of this section, the Secretary shall exempt the segment
from either or both of those provisions. Before making a decision under this
paragraph, the Secretary shall consider any possible alternative route that
serves the area in which the segment is located.
(B) The Secretary shall make a decision about a specific segment not
later than 120 days after the date of receipt of notification from a chief
executive officer under paragraph (1) of this subsection or the date on
which the Secretary initiates action under subparagraph (A) of this para-
graph, whichever is applicable. If the Secretary finds the decision will not
be made in time, the Secretary immediately shall notify Congress, giving the
reasons for the delay, information about the resources assigned, and the
projected date for the decision.
(C) Before making a decision, the Secretary shall give an interested per-
son notice and an opportunity for comment. If the Secretary exempts a seg-
ment under this subsection before the final regulations under subsection (e)
of this section are prescribed, the Secretary shall include the exemption as
part of the final regulations. If the Secretary exempts the segment after the
final regulations are prescribed, the Secretary shall publish the exemption
as an amendment to the final regulations.
(g) ACCOMMODATING SPECIALIZED EQUIPMENT.—In prescribing regula-
tions to carry out this section, the Secretary may make decisions necessary
to accommodate specialized equipment, including automobile and vessel
transporters and maxi-cube vehicles.
§ 31112. Property-carrying unit limitation
(a) DEFINITIONS.—In this section—
(1) ‘‘property-carrying unit’’ means any part of a commercial motor
vehicle combination (except the truck tractor) used to carry property,
including a trailer, a semitrailer, or the property-carrying section of a
single unit truck.
305
(2) the length of the property-carrying units of a commercial motor
vehicle combination is the length measured from the front of the first
property-carrying unit to the rear of the last property-carrying unit.
(b) GENERAL LIMITATIONS.—A State may not allow by any means the
operation, on any segment of the Dwight D. Eisenhower System of Inter-
state and Defense Highways and those classes of qualifying Federal-aid Pri-
mary System highways designated by the Secretary of Transportation under
section 31111(e) of this title, of any commercial motor vehicle combination
(except a vehicle or load that cannot be dismantled easily or divided easily
and that has been issued a special permit under applicable State law) with
more than one property-carrying unit (not including the truck tractor)
whose property-carrying units are more than—
(1) the maximum combination trailer, semitrailer, or other type of
length limitation allowed by law or regulation of that State before June
2, 1991; or
(2) the length of the property-carrying units of those commercial
motor vehicle combinations, by specific configuration, in actual, lawful
operation on a regular or periodic basis (including continuing seasonal
operation) in that State before June 2, 1991.
(c) SPECIAL RULES FOR WYOMING, OHIO, AND ALASKA.—In addition to
the vehicles allowed under subsection (b) of this section—
(1) Wyoming may allow the operation of additional vehicle configura-
tions not in actual operation on June 1, 1991, but authorized by State
law not later than November 3, 1992, if the vehicle configurations com-
ply with the single axle, tandem axle, and bridge formula limits in sec-
tion 127(a) of title 23 and are not more than 117,000 pounds gross
vehicle weight;
(2) Ohio may allow the operation of commercial motor vehicle com-
binations with 3 property-carrying units of 28.5 feet each (not includ-
ing the truck tractor) not in actual operation on June 1, 1991, to be
operated in Ohio on the 1-mile segment of Ohio State Route 7 that
begins at and is south of exit 16 of the Ohio Turnpike; and
(3) Alaska may allow the operation of commercial motor vehicle com-
binations that were not in actual operation on June 1, 1991, but were
in actual operation before July 6, 1991.
(d) ADDITIONAL LIMITATIONS.—(1) A commercial motor vehicle combina-
tion whose operation in a State is not prohibited under subsections (b) and
(c) of this section may continue to operate in the State on highways de-
scribed in subsection (b) only if at least in compliance with all State laws,
regulations, limitations, and conditions, including routing-specific and con-
figuration-specific designations and all other restrictions in force in the
306
State on June 1, 1991. However, subject to regulations prescribed by the
Secretary under subsection (g)(2) of this section, the State may make minor
adjustments of a temporary and emergency nature to route designations and
vehicle operating restrictions in effect on June 1, 1991, for specific safety
purposes and road construction.
(2) This section does not prevent a State from further restricting in any
way or prohibiting the operation of any commercial motor vehicle combina-
tion subject to this section, except that a restriction or prohibition shall be
consistent with this section and sections 31113(a) and (b) and 31114 of this
title.
(3) A State making a minor adjustment of a temporary and emergency
nature as authorized by paragraph (1) of this subsection or further restrict-
ing or prohibiting the operation of a commercial motor vehicle combination
as authorized by paragraph (2) of this subsection shall advise the Secretary
not later than 30 days after the action. The Secretary shall publish a notice
of the action in the Federal Register.
(e) LIST OF STATE LENGTH LIMITATIONS.—(1) Not later than February
16, 1992, each State shall submit to the Secretary for publication a com-
plete list of State length limitations applicable to commercial motor vehicle
combinations operating in the State on the highways described in subsection
(b) of this section. The list shall indicate the applicable State laws and regu-
lations associated with the length limitations. If a State does not submit the
information as required, the Secretary shall complete and file the informa-
tion for the State.
(2) Not later than March 17, 1992, the Secretary shall publish an interim
list in the Federal Register consisting of all information submitted under
paragraph (1) of this subsection. The Secretary shall review for accuracy
all information submitted by a State under paragraph (1) and shall solicit
and consider public comment on the accuracy of the information.
(3) A law or regulation may not be included on the list submitted by a
State or published by the Secretary merely because it authorized, or could
have authorized, by permit or otherwise, the operation of commercial motor
vehicle combinations not in actual operation on a regular or periodic basis
before June 2, 1991.
(4) Except as revised under this paragraph or paragraph (5) of this sub-
section, the list shall be published as final in the Federal Register not later
than June 15, 1992. In publishing the final list, the Secretary shall make
any revisions necessary to correct inaccuracies identified under paragraph
(2) of this subsection. After publication of the final list, commercial motor
vehicle combinations prohibited under subsection (b) of this section may not
operate on the Dwight D. Eisenhower System of Interstate and Defense
307
Highways and other Federal-aid Primary System highways designated by
the Secretary except as published on the list. The list may be combined by
the Secretary with the list required under section 127(d) of title 23.
(5) On the Secretary’s own motion or on request by any person (including
a State), the Secretary shall review the list published under paragraph (4)
of this subsection. If the Secretary decides there is reason to believe a mis-
take was made in the accuracy of the list, the Secretary shall begin a pro-
ceeding to decide whether a mistake was made. If the Secretary decides
there was a mistake, the Secretary shall publish the correction.
(f) LIMITATIONS ON STATUTORY CONSTRUCTION.—This section may not
be construed—
(1) to allow the operation on any segment of the Dwight D. Eisen-
hower System of Interstate and Defense Highways of a longer com-
bination vehicle prohibited under section 127(d) of title 23;
(2) to affect in any way the operation of a commercial motor vehicle
having only one property-carrying unit; or
(3) to affect in any way the operation in a State of a commercial
motor vehicle with more than one property-carrying unit if the vehicle
was in actual operation on a regular or periodic basis (including sea-
sonal operation) in that State before June 2, 1991, that was authorized
under State law or regulation or lawful State permit.
(g) REGULATIONS.—(1) In carrying out this section only, the Secretary
shall define by regulation loads that cannot be dismantled easily or divided
easily.
(2) Not later than June 15, 1992, the Secretary shall prescribe regula-
tions establishing criteria for a State to follow in making minor adjustments
under subsection (d) of this section.
§ 31113. Width limitations
(a) GENERAL LIMITATIONS.—(1) Except as provided in subsection (e) of
this section, a State (except Hawaii) may not prescribe or enforce a regula-
tion of commerce that imposes a vehicle width limitation of more or less
than 102 inches on a commercial motor vehicle operating on—
(A) a segment of the Dwight D. Eisenhower System of Interstate
and Defense Highways (except a segment exempted under subsection
(e) of this section);
(B) a qualifying Federal-aid highway designated by the Secretary of
Transportation, with traffic lanes designed to be at least 12 feet wide;
or
(C) a qualifying Federal-aid Primary System highway designated by
the Secretary if the Secretary decides the designation is consistent with
highway safety.
308
(2) Notwithstanding paragraph (1) of this subsection, a State may con-
tinue to enforce a regulation of commerce in effect on April 6, 1983, that
applies to a commercial motor vehicle of more than 102 inches in width,
until the date on which the State prescribes a regulation of commerce that
complies with this subsection.
(3) A Federal-aid highway (except an interstate highway) not designated
under this subsection on June 5, 1984, may be designated under this sub-
section only with the agreement of the chief executive officer of the State
in which the highway is located.
(b) EXCLUSION OF SAFETY AND ENERGY CONSERVATION DEVICES.—
Width calculated under this section does not include a safety or energy con-
servation device the Secretary decides is necessary for safe and efficient op-
eration of a commercial motor vehicle.
(c) SPECIAL USE PERMITS.—A State may grant a special use permit to
a commercial motor vehicle that is more than 102 inches in width.
(d) STATE ENFORCEMENT.—Consistent with this section, a State may
enforce a commercial motor vehicle width limitation of 102 inches on a seg-
ment of the Dwight D. Eisenhower System of Interstate and Defense High-
ways (except a segment exempted under subsection (e) of this section) or
other qualifying Federal-aid highway designated by the Secretary.
(e) EXEMPTIONS.—(1) If the chief executive officer of a State, after con-
sulting under paragraph (2) of this subsection, decides a segment of the
Dwight D. Eisenhower System of Interstate and Defense Highways is not
capable of safely accommodating a commercial motor vehicle having the
width provided in subsection (a) of this section, the chief executive officer
may notify the Secretary of that decision and request the Secretary to ex-
empt that segment from subsection (a) to allow the State to impose a width
limitation of less than 102 inches for a vehicle (except a bus) on that seg-
ment.
(2) Before making a decision under paragraph (1) of this subsection, the
chief executive officer shall consult with units of local government in the
State in which the segment of the Dwight D. Eisenhower System of Inter-
state and Defense Highways is located and with the chief executive officer
of any adjacent State that may be directly affected by the exemption. As
part of the consultations, consideration shall be given to any potential alter-
native route that serves the area in which the segment is located and can
safely accommodate a commercial motor vehicle having the width provided
for in subsection (a) of this section.
(3) A chief executive officer’s notification under this subsection must in-
clude specific evidence of safety problems supporting the officer’s decision
and the results of consultations about alternative routes.
309
(4)(A) If the Secretary decides, on request of a chief executive officer or
on the Secretary’s own initiative, a segment of the Dwight D. Eisenhower
System of Interstate and Defense Highways is not capable of safely accom-
modating a commercial motor vehicle having a width provided in subsection
(a) of this section, the Secretary shall exempt the segment from subsection
(a) to allow the State to impose a width limitation of less than 102 inches
for a vehicle (except a bus) on that segment. Before making a decision
under this paragraph, the Secretary shall consider any possible alternative
route that serves the area in which the segment is located.
(B) The Secretary shall make a decision about a specific segment not
later than 120 days after the date of receipt of notification from a chief
executive officer under paragraph (1) of this subsection or the date on
which the Secretary initiates action under subparagraph (A) of this para-
graph, whichever is applicable. If the Secretary finds the decision will not
be made in time, the Secretary immediately shall notify Congress, giving the
reasons for the delay, information about the resources assigned, and the
projected date for the decision.
(C) Before making a decision, the Secretary shall give an interested per-
son notice and an opportunity for comment. If the Secretary exempts a seg-
ment under this subsection before the final regulations under subsection (a)
of this section are prescribed, the Secretary shall include the exemption as
part of the final regulations. If the Secretary exempts the segment after the
final regulations are prescribed, the Secretary shall publish the exemption
as an amendment to the final regulations.
§ 31114. Access to the Interstate System
(a) PROHIBITION ON DENYING ACCESS.—A State may not enact or en-
force a law denying to a commercial motor vehicle subject to this subchapter
or subchapter I of this chapter reasonable access between—
(1) the Dwight D. Eisenhower System of Interstate and Defense
Highways (except a segment exempted under section 31111(f) or
31113(e) of this title) and other qualifying Federal-aid Primary System
highways designated by the Secretary of Transportation; and
(2) terminals, facilities for food, fuel, repairs, and rest, and points
of loading and unloading for household goods carriers, motor carriers
of passengers, or any truck tractor-semitrailer combination in which
the semitrailer has a length of not more than 28.5 feet and that gen-
erally operates as part of a vehicle combination described in section
31111(c) of this title.
(b) EXCEPTION.—This section does not prevent a State or local govern-
ment from imposing reasonable restrictions, based on safety considerations,
on a truck tractor-semitrailer combination in which the semitrailer has a
310
length of not more than 28.5 feet and that generally operates as part of
a vehicle combination described in section 31111(c) of this title.
§ 31115. Enforcement
On the request of the Secretary of Transportation, the Attorney General
shall bring a civil action for appropriate injunctive relief to ensure compli-
ance with this subchapter or subchapter I of this chapter. The action may
be brought in a district court of the United States in any State in which
the relief is required. On a proper showing, the court shall issue a tem-
porary restraining order or preliminary or permanent injunction. An injunc-
tion under this section may order a State or person to comply with this sub-
chapter, subchapter I, or a regulation prescribed under this subchapter or
subchapter I.
SUBCHAPTER III—SAFETY REGULATION
§ 31131. Purposes and findings
(a) PURPOSES.—The purposes of this subchapter are—
(1) to promote the safe operation of commercial motor vehicles;
(2) to minimize dangers to the health of operators of commercial
motor vehicles and other employees whose employment directly affects
motor carrier safety; and
(3) to ensure increased compliance with traffic laws and with the
commercial motor vehicle safety and health regulations and standards
prescribed and orders issued under this chapter.
(b) FINDINGS.—Congress finds—
(1) it is in the public interest to enhance commercial motor vehicle
safety and thereby reduce highway fatalities, injuries, and property
damage;
(2) improved, more uniform commercial motor vehicle safety meas-
ures and strengthened enforcement would reduce the number of fatali-
ties and injuries and the level of property damage related to commer-
cial motor vehicle operations;
(3) enhanced protection of the health of commercial motor vehicle
operators is in the public interest; and
(4) interested State governments can provide valuable assistance to
the United States Government in ensuring that commercial motor vehi-
cle operations are conducted safely and healthfully.
§ 31132. Definitions
In this subchapter—
(1) ‘‘commercial motor vehicle’’ means a self-propelled or towed vehi-
cle used on the highways in interstate commerce to transport pas-
sengers or property, if the vehicle—
(A) has a gross vehicle weight rating of at least 10,001 pounds;
311
(B) is designed to transport more than 15 passengers including
the driver; or
(C) is used in transporting material found by the Secretary of
Transportation to be hazardous under section 5103 of this title
and transported in a quantity requiring placarding under regula-
tions prescribed by the Secretary under section 5103.
(2) ‘‘employee’’ means an operator of a commercial motor vehicle (in-
cluding an independent contractor when operating a commercial motor
vehicle), a mechanic, a freight handler, or an individual not an em-
ployer, 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 subdivi-
sion of a State.
(3) ‘‘employer’’—
(A) means a person engaged in a business affecting interstate
commerce that owns or leases a commercial motor vehicle in con-
nection with that business, or assigns an employee to operate it;
but
(B) does not include the Government, a State, or a political sub-
division of a State.
(4) ‘‘interstate commerce’’ means trade, traffic, or transportation in
the United States between a place in a State and—
(A) a place outside that State (including a place outside the
United States); or
(B) another place in the same State through another State or
through a place outside the United States.
(5) ‘‘intrastate commerce’’ means trade, traffic, or transportation in
a State that is not interstate commerce.
(6) ‘‘regulation’’ includes a standard or order.
(7) ‘‘State’’ means a State of the United States, the District of Co-
lumbia, and, in sections 31136 and 31140–31142 of this title, a politi-
cal subdivision of a State.
(8) ‘‘State law’’ includes a law enacted by a political subdivision of
a State.
(9) ‘‘State regulation’’ includes a regulation prescribed by a political
subdivision of a State.
(10) ‘‘United States’’ means the States of the United States and the
District of Columbia.
312
§ 31133. General powers of the Secretary of Transportation
(a) GENERAL.—In carrying out this subchapter and regulations pre-
scribed under section 31102 of this title, the Secretary of Transportation
may—
(1) conduct inspections and investigations;
(2) compile statistics;
(3) make reports;
(4) issue subpenas;
(5) require production of records and property;
(6) take depositions;
(7) hold hearings;
(8) prescribe recordkeeping and reporting requirements;
(9) conduct or make contracts for studies, development, testing, eval-
uation, and training; and
(10) perform other acts the Secretary considers appropriate.
(b) CONSULTATION.—In conducting inspections and investigations under
subsection (a) of this section, the Secretary shall consult, as appropriate,
with employers and employees and their authorized representatives and offer
them a right of accompaniment.
(c) DELEGATION.—The Secretary may delegate to a State receiving a
grant under section 31102 of this title those duties and powers related to
enforcement (including conducting investigations) of this subchapter and
regulations prescribed under this subchapter that the Secretary considers
appropriate.
§ 31134. Commercial Motor Vehicle Safety Regulatory Re-
view Panel
(a) ESTABLISHMENT AND GENERAL DUTY.—The Secretary of Transpor-
tation shall establish the Commercial Motor Vehicle Safety Regulatory Re-
view Panel. The Panel shall analyze and review State laws and regulations
under sections 31140 and 31141 of this title.
(b) SPECIFIC DUTIES.—The Panel shall—
(1) carry out those duties and powers designated to be carried out
by the Panel under sections 31140 and 31141 of this title;
(2) conduct a study to—
(A) evaluate the need, if any, for additional assistance from the
United States Government to the States to enable them to enforce
the regulations prescribed by the Secretary under section 31136
of this title; and
(B) decide on other methods of furthering the purposes of this
subchapter; and
313
(3) make recommendations to the Secretary based on the results of
the study conducted under clause (2) of this subsection.
(c) COMPOSITION, APPOINTMENT, AND TERMS.—(1) The Panel shall be
composed of 15 members as follows:
(A) the Secretary or the Secretary’s delegate.
(B) 7 individuals appointed by the Secretary from among individuals
who represent the interests of States and political subdivisions of
States and whose names have been submitted to the Secretary by the
Committee on Commerce, Science, and Transportation of the Senate or
the Committee on Public Works and Transportation of the House of
Representatives.
(C) 7 individuals appointed by the Secretary from among individuals
who represent the interests of business, consumer, labor, and safety
groups and whose names have been submitted to the Secretary by the
Committee on Commerce, Science, and Transportation of the Senate or
the Committee on Public Works and Transportation of the House of
Representatives.
(2) The Secretary shall select the individuals to be appointed under this
subsection on the basis of their knowledge, expertise, or experience related
to commercial motor vehicle safety. Half of the appointments shall be made
from names submitted by the Committee on Commerce, Science, and Trans-
portation of the Senate, and the other half from names submitted by the
Committee on Public Works and Transportation of the House of Represent-
atives. Each of these committees shall submit to the Secretary the names
of 20 individuals qualified to serve on the Panel.
(3) The term of each member of the Panel appointed under paragraph
(1)(B) and (C) of this subsection is 7 years.
(4) A vacancy on the Panel shall be filled in the way the original appoint-
ment was made. The vacancy does not affect the Panel’s powers.
(d) CHAIRMAN, QUORUM, MEETINGS, AND PAY.—(1) The Secretary is
the Chairman of the Panel.
(2) Eight members of the Panel are a quorum, but the Panel may estab-
lish a lesser number as a quorum to hold hearings, take testimony, and re-
ceive evidence.
(3) The Panel shall meet at the call of the Chairman or a majority of
its members.
(4) Members of the Panel shall serve without pay, except that they shall
receive expenses under section 5703 of title 5.
(e) PERSONNEL, OFFICE SPACE, AND SUPPORT SERVICES.—On request
of the Panel, the Secretary shall—
314
(1) detail personnel of the Department of Transportation to the
Panel as necessary to assist the Panel in carrying out its duties and
powers; and
(2) provide office space, supplies, equipment, and other support serv-
ices to the Panel as necessary for the Panel to carry out its duties and
powers.
(f) HEARINGS AND OTHER ACTIONS.—To carry out the duties and pow-
ers of the Panel under this subchapter, the Panel or any member authorized
by the Panel may hold hearings, sit and act at times and places, take testi-
mony, and take other actions the Panel or the member considers advisable.
A member of the Panel may administer oaths to witnesses appearing before
the Panel or the member.
(g) TEMPORARY AND INTERMITTENT SERVICES.—Subject to regulations
the Panel may prescribe, the Chairman may procure the temporary or inter-
mittent services of experts or consultants under section 3109 of title 5.
§ 31135. Duties of employers and employees
Each employer and employee shall comply with regulations on commercial
motor vehicle safety prescribed by the Secretary of Transportation under
this subchapter that apply to the employer’s or employee’s conduct.
§ 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 commer-
cial 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 ve-
hicles do not impair their ability to operate the vehicles safely;
(3) the physical condition of operators of commercial motor vehicles
is adequate to enable them to operate the vehicles safely; and
(4) the operation of commercial motor vehicles does not have a dele-
terious effect on the physical condition of the operators.
(b) ELIMINATING AND AMENDING EXISTING REGULATIONS.—The Sec-
retary may not eliminate or amend an existing motor carrier safety regula-
tion related only to the maintenance, equipment, loading, or operation (in-
cluding routing) of vehicles carrying material found to be hazardous under
section 5103 of this title until an equivalent or more stringent regulation
has been prescribed under section 5103.
315
(c) PROCEDURES AND CONSIDERATIONS.—(1) A regulation under this
section shall be prescribed under section 553 of title 5 (without regard to
sections 556 and 557 of title 5).
(2) Before prescribing regulations under this section, the Secretary shall
consider, to the extent practicable and consistent with the purposes of this
chapter—
(A) costs and benefits; and
(B) State laws and regulations on commercial motor vehicle safety,
to minimize their unnecessary preemption.
(d) EFFECT OF EXISTING REGULATIONS.—If the Secretary does not pre-
scribe regulations on commercial motor vehicle safety under this section,
regulations on commercial motor vehicle safety prescribed by the Secretary
before October 30, 1984, and in effect on October 30, 1984, shall be
deemed in this subchapter to be regulations prescribed by the Secretary
under this section.
(e) WAIVERS.—After notice and an opportunity for comment, the Sec-
retary may waive any part of a regulation prescribed under this section as
it applies to a person or class of persons, if the Secretary decides that the
waiver is consistent with the public interest and the safe operation of com-
mercial motor vehicles. Under this subsection, the Secretary shall waive the
regulations prescribed under this section as they apply to schoolbuses (as
defined in section 30125(a) of this title) unless the Secretary decides that
making the regulations applicable to schoolbuses is necessary for public
safety, considering all laws of the United States and States applicable to
schoolbuses. A waiver under this subsection shall be published in the Fed-
eral Register, with the reasons for the waiver.
(f) LIMITATIONS ON MUNICIPALITY AND COMMERCIAL ZONE EXEMP-
TIONS AND WAIVERS.—(1) The Secretary may not—
(A) exempt a person or commercial motor vehicle from a regulation
related to commercial motor vehicle safety only because the operations
of the person or vehicle are entirely in a municipality or commercial
zone of a municipality; or
(B) waive application to a person or commercial motor vehicle of a
regulation related to commercial motor vehicle safety only because the
operations of the person or vehicle are entirely in a municipality or
commercial zone of a municipality.
(2) If a person was authorized to operate a commercial motor vehicle in
a municipality or commercial zone of a municipality in the United States
for the entire period from November 19, 1987, through November 18, 1988,
and if the person is otherwise qualified to operate a commercial motor vehi-
316
cle, the person may operate a commercial motor vehicle entirely in a munici-
pality or commercial zone of a municipality notwithstanding—
(A) paragraph (1) of this subsection;
(B) a minimum age requirement of the United States Government
for operation of the vehicle; and
(C) a medical or physical condition that—
(i) would prevent an operator from operating a commercial
motor vehicle under the commercial motor vehicle safety regula-
tions in title 49, Code of Federal Regulations;
(ii) existed on July 1, 1988;
(iii) has not substantially worsened; and
(iv) does not involve alcohol or drug abuse.
(3) This subsection does not affect a State commercial motor vehicle safe-
ty law applicable to intrastate commerce.
§ 31137. Monitoring device and brake maintenance regula-
tions
(a) USE OF MONITORING DEVICES.—If the Secretary of Transportation
prescribes a regulation about the use of monitoring devices on commercial
motor vehicles to increase compliance by operators of the vehicles with hours
of service regulations of the Secretary, the regulation shall ensure that the
devices are not used to harass vehicle operators. However, the devices may
be used to monitor productivity of the operators.
(b) BRAKES AND BRAKE SYSTEMS MAINTENANCE REGULATIONS.—Not
later than December 31, 1990, the Secretary shall prescribe regulations on
improved standards or methods to ensure that brakes and brake systems
of commercial motor vehicles are maintained properly and inspected by ap-
propriate employees. At a minimum, the regulations shall establish mini-
mum training requirements and qualifications for employees responsible for
maintaining and inspecting the brakes and brake systems.
§ 31138. Minimum financial responsibility for transporting
passengers
(a) GENERAL REQUIREMENT.—The Secretary of Transportation shall
prescribe regulations to require minimum levels of financial responsibility
sufficient to satisfy liability amounts established by the Secretary covering
public liability and property damage for the transportation of passengers for
compensation by motor vehicle in the United States between a place in a
State and—
(1) a place in another State;
(2) another place in the same State through a place outside of that
State; or
(3) a place outside the United States.
317
(b) MINIMUM AMOUNTS.—The level of financial responsibility established
under subsection (a) of this section for a motor vehicle with a seating capac-
ity of—
(1) at least 16 passengers shall be at least $5,000,000; and
(2) not more than 15 passengers shall be at least $1,500,000.
(c) EVIDENCE OF FINANCIAL RESPONSIBILITY.—(1) Subject to para-
graph (2) of this subsection, financial responsibility may be established by
evidence of one or a combination of the following if acceptable to the Sec-
retary of Transportation:
(A) insurance, including high self-retention.
(B) a guarantee.
(C) a surety bond issued by a bonding company authorized to do
business in the United States.
(2) A person domiciled in a country contiguous to the United States and
providing transportation to which a minimum level of financial responsibility
under this section applies shall have evidence of financial responsibility in
the motor vehicle when the person is providing the transportation. If evi-
dence of financial responsibility is not in the vehicle, the Secretary of Trans-
portation and the Secretary of the Treasury shall deny entry of the vehicle
into the United States.
(d) CIVIL PENALTY.—(1) If, after notice and an opportunity for a hear-
ing, the Secretary of Transportation finds that a person (except an em-
ployee acting without knowledge) has knowingly violated this section or a
regulation prescribed under this section, the person is liable to the United
States Government for a civil penalty of not more than $10,000 for each
violation. A separate violation occurs for each day the violation continues.
(2) The Secretary of Transportation shall impose the penalty by written
notice. In determining the amount of the penalty, the Secretary shall con-
sider—
(A) the nature, circumstances, extent, and gravity of the violation;
(B) with respect to the violator, the degree of culpability, any history
of prior violations, the ability to pay, and any effect on the ability to
continue doing business; and
(C) other matters that justice requires.
(3) The Secretary of Transportation may compromise the penalty before
referring the matter to the Attorney General for collection.
(4) The Attorney General shall bring a civil action in an appropriate dis-
trict court of the United States to collect a penalty referred to the Attorney
General for collection under this subsection.
318
(5) The amount of the penalty may be deducted from amounts the Gov-
ernment owes the person. An amount collected under this section shall be
deposited in the Treasury as miscellaneous receipts.
(e) NONAPPLICATION.—This section does not apply to a motor vehicle—
(1) transporting only school children and teachers to or from school;
(2) providing taxicab service, having a seating capacity of not more
than 6 passengers, and not being operated on a regular route or be-
tween specified places; or
(3) carrying not more than 15 individuals in a single, daily round
trip to and from work.
§ 31139. Minimum financial responsibility for transporting
property
(a) DEFINITIONS.—In this section—
(1) ‘‘farm vehicle’’ means a vehicle—
(A) designed or adapted and used only for agriculture;
(B) operated by a motor private carrier (as defined in section
10102 of this title); and
(C) operated only incidentally on highways.
(2) ‘‘interstate commerce’’ includes transportation between a place in
a State and a place outside the United States, to the extent the trans-
portation is in the United States.
(3) ‘‘State’’ means a State of the United States, the District of Co-
lumbia, Puerto Rico, the Virgin Islands, American Samoa, Guam, and
the Northern Mariana Islands.
(b) GENERAL REQUIREMENT AND MINIMUM AMOUNT.—(1) The Sec-
retary of Transportation shall prescribe regulations to require minimum lev-
els of financial responsibility sufficient to satisfy liability amounts estab-
lished by the Secretary covering public liability, property damage, and envi-
ronmental restoration for the transportation of property for compensation
by motor vehicle in the United States between a place in a State and—
(A) a place in another State;
(B) another place in the same State through a place outside of that
State; or
(C) a place outside the United States.
(2) The level of financial responsibility established under paragraph (1)
of this subsection shall be at least $750,000.
(c) REQUIREMENTS FOR HAZARDOUS MATTER AND OIL.—(1) The Sec-
retary of Transportation shall prescribe regulations to require minimum lev-
els of financial responsibility sufficient to satisfy liability amounts estab-
lished by the Secretary covering public liability, property damage, and envi-
319
ronmental restoration for the transportation by motor vehicle in interstate
or intrastate commerce of—
(A) hazardous material (as defined by the Secretary);
(B) oil or hazardous substances (as defined by the Administrator of
the Environmental Protection Agency); or
(C) hazardous wastes (as defined by the Administrator).
(2)(A) Except as provided in subparagraph (B) of this paragraph, the
level of financial responsibility established under paragraph (1) of this sub-
section shall be at least $5,000,000 for the transportation—
(i) of hazardous substances (as defined by the Administrator) in
cargo tanks, portable tanks, or hopper-type vehicles, with capacities of
more than 3,500 water gallons;
(ii) in bulk of class A explosives, poison gas, liquefied gas, or com-
pressed gas; or
(iii) of large quantities of radioactive material.
(B) The Secretary of Transportation by regulation may reduce the mini-
mum level in subparagraph (A) of this paragraph (to an amount not less
than $1,000,000) for transportation described in subparagraph (A) in any
of the territories of Puerto Rico, the Virgin Islands, American Samoa,
Guam, and the Northern Mariana Islands if—
(i) the chief executive officer of the territory requests the reduction;
(ii) the reduction will prevent a serious disruption in transportation
service and will not adversely affect public safety; and
(iii) insurance of $5,000,000 is not readily available.
(3) The level of financial responsibility established under paragraph (1)
of this subsection for the transportation of a material, oil, substance, or
waste not subject to paragraph (2) of this subsection shall be at least
$1,000,000. However, if the Secretary of Transportation finds it will not
adversely affect public safety, the Secretary by regulation may reduce the
amount for—
(A) a class of vehicles transporting such a material, oil, substance,
or waste in intrastate commerce (except in bulk); and
(B) a farm vehicle transporting such a material or substance in
interstate commerce (except in bulk).
(d) FOREIGN MOTOR CARRIERS AND PRIVATE CARRIERS.—Regulations
prescribed under this section may allow foreign motor carriers and foreign
motor private carriers (as those terms are defined in section 10530 of this
title) providing transportation of property under a certificate of registration
issued under section 10530 to meet the minimum levels of financial respon-
sibility under this section only when those carriers are providing transpor-
tation for property in the United States.
320
(e) EVIDENCE OF FINANCIAL RESPONSIBILITY.—(1) Subject to para-
graph (2) of this subsection, financial responsibility may be established by
evidence of one or a combination of the following if acceptable to the Sec-
retary of Transportation:
(A) insurance.
(B) a guarantee.
(C) a surety bond issued by a bonding company authorized to do
business in the United States.
(D) qualification as a self-insurer.
(2) A person domiciled in a country contiguous to the United States and
providing transportation to which a minimum level of financial responsibility
under this section applies shall have evidence of financial responsibility in
the motor vehicle when the person is providing the transportation. If evi-
dence of financial responsibility is not in the vehicle, the Secretary of Trans-
portation and the Secretary of the Treasury shall deny entry of the vehicle
into the United States.
(f) CIVIL PENALTY.—(1) If, after notice and an opportunity for a hear-
ing, the Secretary of Transportation finds that a person (except an em-
ployee acting without knowledge) has knowingly violated this section or a
regulation prescribed under this section, the person is liable to the United
States Government for a civil penalty of not more than $10,000 for each
violation. A separate violation occurs for each day the violation continues.
(2) The Secretary of Transportation shall impose the penalty by written
notice. In determining the amount of the penalty, the Secretary shall con-
sider—
(A) the nature, circumstances, extent, and gravity of the violation;
(B) with respect to the violator, the degree of culpability, any history
of prior violations, the ability to pay, and any effect on the ability to
continue doing business; and
(C) other matters that justice requires.
(3) The Secretary of Transportation may compromise the penalty before
referring the matter to the Attorney General for collection.
(4) The Attorney General shall bring a civil action in an appropriate dis-
trict court of the United States to collect a penalty referred to the Attorney
General for collection under this subsection.
(5) The amount of the penalty may be deducted from amounts the Gov-
ernment owes the person. An amount collected under this section shall be
deposited in the Treasury as miscellaneous receipts.
(g) NONAPPLICATION.—This section does not apply to a motor vehicle
having a gross vehicle weight rating of less than 10,000 pounds if the vehi-
cle is not used to transport in interstate or foreign commerce—
321
(1) class A or B explosives;
(2) poison gas; or
(3) a large quantity of radioactive material.
§ 31140. Submission of State laws and regulations for review
(a) GENERAL.—A State that enacts a State law or issues a regulation
on commercial motor vehicle safety shall submit a copy of the law or regula-
tion to the Secretary of Transportation and the Commercial Motor Vehicle
Safety Regulatory Review Panel immediately after the enactment or issu-
ance.
(b) ADDITIONAL INFORMATION.—As soon as practicable but not later
than a date the Panel may establish, a State that submits a State law or
regulation under this section to the Panel shall—
(1) indicate in writing to the Panel whether the law or regulation—
(A) has the same effect as a regulation prescribed by the Sec-
retary under section 31136 of this title;
(B) is less stringent than that regulation; or
(C) is additional to or more stringent than that regulation; and
(2) submit to the Panel other information the Panel or the Secretary
may require to carry out this subchapter.
§ 31141. Review and preemption of State laws and regula-
tions
(a) PREEMPTION AFTER DECISION.—A State may not enforce a State
law or regulation on commercial motor vehicle safety that the Secretary of
Transportation decides under this section may not be enforced.
(b) ANALYSIS AND DECISIONS BY THE PANEL.—(1) The Commercial
Motor Vehicle Safety Regulatory Review Panel annually shall analyze State
laws and regulations and decide which of those laws and regulations are re-
lated to commercial motor vehicle safety.
(2) Not later than one year after the date the Secretary prescribes a reg-
ulation under section 31136 of this title or one year after the date the Panel
decides under paragraph (1) of this subsection that a State law or regula-
tion is related to commercial motor vehicle safety, whichever is later, the
Panel shall—
(A) decide whether the State law or regulation—
(i) has the same effect as the regulation prescribed by the Sec-
retary;
(ii) is less stringent than that regulation; or
(iii) is additional to or more stringent than that regulation;
(B) decide, for each State law or regulation that the Panel decides
is additional to or more stringent than the regulation prescribed by the
Secretary, whether—
322
(i) the State law or regulation has no safety benefit;
(ii) the State law or regulation is incompatible with the regula-
tion prescribed by the Secretary; or
(iii) enforcement of the State law or regulation would cause an
unreasonable burden on interstate commerce; and
(C) notify the Secretary of the Panel’s decisions under this sub-
section.
(c) REVIEW AND DECISIONS BY SECRETARY.—(1) The Secretary shall re-
view each State law and regulation on commercial motor vehicle safety. Not
later than 18 months after the date the Panel notifies the Secretary of a
decision under subsection (b) of this section, the Secretary shall—
(A) conduct a regulatory proceeding to decide under this subsection
whether the State law or regulation may be enforced; and
(B) prescribe a final regulation.
(2) If the Secretary decides a State law or regulation has the same effect
as a regulation prescribed by the Secretary under section 31136 of this title,
the State law or regulation may be enforced.
(3) If the Secretary decides a State law or regulation is less stringent
than a regulation prescribed by the Secretary under section 31136 of this
title, the State law or regulation may not be enforced.
(4) If the Secretary decides a State law or regulation is additional to or
more stringent than a regulation prescribed by the Secretary under section
31136 of this title, the State law or regulation may be enforced unless the
Secretary also decides that—
(A) the State law or regulation has no safety benefit;
(B) the State law or regulation is incompatible with the regulation
prescribed by the Secretary; or
(C) enforcement of the State law or regulation would cause an un-
reasonable burden on interstate commerce.
(5)(A) In deciding about a State law or regulation under this subsection,
the Secretary shall give great weight to the corresponding decision made by
the Panel about that law or regulation under subsection (b) of this section.
(B) In deciding under paragraph (4) of this subsection whether a State
law or regulation will cause an unreasonable burden on interstate commerce,
the Secretary may consider the effect on interstate commerce of implemen-
tation of that law or regulation with the implementation of all similar laws
and regulations of other States.
(d) WAIVERS.—(1) A person (including a State) may petition the Sec-
retary for a waiver of a decision of the Secretary that a State law or regula-
tion may not be enforced under this section. The Secretary shall grant the
waiver, as expeditiously as possible, if the person demonstrates to the satis-
323
faction of the Secretary that the waiver is consistent with the public interest
and the safe operation of commercial motor vehicles.
(2) Before deciding whether to grant or deny a petition for a waiver
under this subsection, the Secretary shall give the petitioner an opportunity
for a hearing on the record.
(e) CONSOLIDATING PROCEEDINGS.—The Secretary may consolidate reg-
ulatory proceedings under this section if the Secretary decides that the con-
solidation will not adversely affect a party to a proceeding.
(f) WRITTEN NOTICE OF DECISIONS.—Not later than 10 days after mak-
ing a decision under subsection (c) of this section that a State law or regu-
lation may not be enforced, the Secretary shall give written notice to the
State of that decision.
(g) JUDICIAL REVIEW AND VENUE.—(1) Not later than 60 days after the
Secretary makes a decision under subsection (c) of this section, or grants
or denies a petition for a waiver under subsection (d) of this section, a per-
son (including a State) adversely affected by the decision, grant, or denial
may file a petition for judicial review. The petition may be filed in the court
of appeals of the United States for the District of Columbia Circuit or in
the court of appeals of the United States for the circuit in which the person
resides or has its principal place of business.
(2) The court has jurisdiction to review the decision, grant, or denial and
to grant appropriate relief, including interim relief, as provided in chapter
7 of title 5.
(3) A judgment of a court under this subsection may be reviewed only
by the Supreme Court under section 1254 of title 28.
(4) The remedies provided for in this subsection are in addition to other
remedies provided by law.
(h) INITIATING REVIEW PROCEEDINGS.—To review a State law or regula-
tion on commercial motor vehicle safety under this section, the Secretary
may initiate a regulatory proceeding on the Secretary’s own initiative or on
petition of an interested person (including a State).
§ 31142. Inspection of vehicles
(a) INSPECTION OF SAFETY EQUIPMENT.—On the instruction of an au-
thorized enforcement official of a State or of the United States Government,
a commercial motor vehicle is required to pass an inspection of all safety
equipment required under part 393 of title 49, Code of Federal Regulations.
(b) INSPECTION OF VEHICLES AND RECORD RETENTION.—The Secretary
of Transportation shall prescribe regulations on Government standards for
inspection of commercial motor vehicles and retention by employers of
records of an inspection. The standards shall provide for annual or more
frequent inspections of a commercial motor vehicle unless the Secretary
324
finds that another inspection system is as effective as an annual or more
frequent inspection system. Regulations prescribed under this subsection are
deemed to be regulations prescribed under section 31136 of this title.
(c) PREEMPTION.—(1) Except as provided in paragraph (2) of this sub-
section, this subchapter and section 31102 of this title do not—
(A) prevent a State or voluntary group of States from imposing more
stringent standards for use in their own periodic roadside inspection
programs of commercial motor vehicles;
(B) prevent a State from enforcing a program for inspection of com-
mercial motor vehicles that the Secretary decides is as effective as the
Government standards prescribed under subsection (b) of this section;
(C) prevent a State from enforcing a program for inspection of com-
mercial motor vehicles that meets the requirements for membership in
the Commercial Vehicle Safety Alliance, as those requirements were in
effect on October 30, 1984; or
(D) require a State that is enforcing a program described in clause
(B) or (C) of this paragraph to enforce a Government standard pre-
scribed under subsection (b) of this section or to adopt a provision on
inspection of commercial motor vehicles in addition to that program to
comply with the Government standards.
(2) The Government standards prescribed under subsection (b) of this
section shall preempt a program of a State described in paragraph (1)(C)
of this subsection as the program applies to the inspection of commercial
motor vehicles in that State. The State may not enforce the program if the
Secretary—
(A) decides, after notice and an opportunity for a hearing, that the
State is not enforcing the program in a way that achieves the objectives
of this section; and
(B) after making a decision under clause (A) of this paragraph, pro-
vides the State with a 6-month period to improve the enforcement of
the program to achieve the objectives of this section.
(d) INSPECTION TO BE ACCEPTED AS ADEQUATE IN ALL STATES.—A
periodic inspection of a commercial motor vehicle under the Government
standards prescribed under subsection (b) of this section or a program de-
scribed in subsection (c)(1)(B) or (C) of this section that is being enforced
shall be recognized as adequate in every State for the period of the inspec-
tion. This subsection does not prohibit a State from making random inspec-
tions of commercial motor vehicles.
(e) EFFECT OF GOVERNMENT STANDARDS.—The Government standards
prescribed under subsection (b) of this section may not be enforced as the
standards apply to the inspection of commercial motor vehicles in a State
325
enforcing a program described in subsection (c)(1)(B) or (C) of this section
if the Secretary decides that it is in the public interest and consistent with
public safety for the Government standards not to be enforced as they apply
to that inspection.
(f) APPLICATION OF STATE REGULATIONS TO GOVERNMENT-LEASED VE-
HICLES AND OPERATORS.—A State receiving financial assistance under sec-
tion 31102 of this title in a fiscal year may enforce in that fiscal year a
regulation on commercial motor vehicle safety adopted by the State as the
regulation applies to commercial motor vehicles and operators leased to the
Government.
§ 31143. Investigating complaints and protecting complain-
ants
(a) INVESTIGATING COMPLAINTS.—The Secretary of Transportation shall
conduct a timely investigation of a nonfrivolous written complaint alleging
that a substantial violation of a regulation prescribed under this subchapter
is occurring or has occurred within the prior 60 days. The Secretary shall
give the complainant timely notice of the findings of the investigation. The
Secretary is not required to conduct separate investigations of duplicative
complaints.
(b) PROTECTING COMPLAINANTS.—Notwithstanding section 552 of title
5, the Secretary may disclose the identity of a complainant only if disclosure
is necessary to prosecute a violation. If disclosure becomes necessary, the
Secretary shall take every practical means within the Secretary’s authority
to ensure that the complainant is not subject to harassment, intimidation,
disciplinary action, discrimination, or financial loss because of the disclo-
sure.
§ 31144. Safety fitness of owners and operators
(a) PROCEDURE.—(1) In cooperation with the Interstate Commerce Com-
mission, the Secretary of Transportation shall prescribe regulations estab-
lishing a procedure to decide on the safety fitness of owners and operators
of commercial motor vehicles, including persons seeking new or additional
operating authority as motor carriers under sections 10922 and 10923 of
this title. The procedure shall include—
(A) specific initial and continuing requirements to be met by the
owners, operators, and persons to prove safety fitness;
(B) a means of deciding whether the owners, operators, and persons
meet the safety fitness requirements under clause (A) of this para-
graph; and
(C) specific time deadlines for action by the Secretary and the Com-
mission in making fitness decisions.
326
(2) Regulations prescribed under this subsection supersede all regulations
of the United States Government on safety fitness and safety rating of
motor carriers in effect on October 30, 1984.
(b) FINDINGS AND ACTION ON APPLICATIONS.—The Commission shall—
(1) find an applicant for authority to operate as a motor carrier
unfit if the applicant does not meet the safety fitness requirements es-
tablished under subsection (a) of this section; and
(2) deny the application.
§ 31145. Coordination of Governmental activities and paper-
work
The Secretary of Transportation shall coordinate the activities of depart-
ments, agencies, and instrumentalities of the United States Government to
ensure adequate protection of the safety and health of operators of commer-
cial motor vehicles. The Secretary shall attempt to minimize paperwork bur-
dens to ensure maximum coordination and to avoid overlap and the imposi-
tion of unreasonable burdens on persons subject to regulations under this
subchapter.
§ 31146. Relationship to other laws
Except as provided in section 31136(b) of this title, this subchapter and
the regulations prescribed under this subchapter do not affect chapter 51
of this title or a regulation prescribed under chapter 51.
§ 31147. Limitations on authority
(a) TRAFFIC REGULATIONS.—This subchapter does not authorize the
Secretary of Transportation to prescribe traffic safety regulations or pre-
empt State traffic regulations. However, the Secretary may prescribe traffic
regulations to the extent their subject matter was regulated under parts
390–399 of title 49, Code of Federal Regulations, on October 30, 1984.
(b) REGULATING THE MANUFACTURING OF VEHICLES.—This subchapter
does not authorize the Secretary to regulate the manufacture of commercial
motor vehicles for any purpose, including fuel economy, safety, or emission
control.
SUBCHAPTER IV—MISCELLANEOUS
§ 31161. Procedures to ensure timely correction of safety
violations
(a) DEFINITION.—Section 31132(1) of this title applies to this section.
(b) GENERAL.—Not later than August 3, 1991, the Secretary of Trans-
portation shall prescribe regulations establishing procedures to ensure the
proper and timely correction of commercial motor vehicle safety violations
noted during an inspection carried out with money authorized under section
31104 of this title.
327
(c) VERIFICATION PROGRAM.—The regulations shall establish a verifica-
tion program for United States Government inspectors and States partici-
pating under section 31102 of this title to ensure that commercial motor
vehicles and their operators found in violation of safety requirements have
been brought into compliance with those requirements. The regulations shall
include—
(1) a nationwide system for random reinspection of the commercial
motor vehicles and their operators that have been declared out-of-serv-
ice because of those safety violations, with the main purpose of the sys-
tem being to verify that the violations have been corrected on a timely
basis;
(2) a program of accountability for correcting all safety violations
that shall provide that—
(A) the operator of a commercial motor vehicle for which a safe-
ty violation has been noted shall be issued a form prescribed by
the Secretary;
(B) the person making the repairs necessary to correct the vio-
lation shall certify on the form the making of repairs and the date,
location, and time of the repairs;
(C) the motor carrier responsible for the commercial motor vehi-
cle or operator shall certify on the form that, based on the car-
rier’s knowledge, the repairs necessary to correct the violation
have been made; and
(D) appropriate State penalties shall be imposed for a false
statement on the form or a failure to return the form to the ap-
propriate State entity; and
(3) a system for ensuring that appropriate State penalties are im-
posed for failure to correct any of those safety violations.
§ 31162. Compliance review priority
If the Secretary of Transportation identifies a pattern of violations of
State or local traffic safety laws or regulations or commercial motor vehicle
safety regulations, standards, or orders among drivers of commercial motor
vehicles employed by a particular motor carrier, the Secretary or a State
representative shall ensure that the motor carrier receives a high priority
for review of that carrier’s compliance with applicable United States Gov-
ernment and State commercial motor vehicle safety regulations.
CHAPTER 313—COMMERCIAL MOTOR VEHICLE
OPERATORS
Sec.
31301.
Definitions.
31302.
Limitation on the number of driver’s licenses.
31303.
Notification requirements.
31304.
Employer responsibilities.
328
31305.
General driver fitness and testing.
31306.
Alcohol and controlled substances testing.
31307.
Minimum training requirements for operators of longer combination vehicles.
31308.
Commercial driver’s license.
31309.
Commercial driver’s license information system.
31310.
Disqualifications.
31311.
Requirements for State participation.
31312.
Grants for testing and ensuring the fitness of operators of commercial motor vehicles.
31313.
Grants for issuing commercial drivers’ licenses and complying with State participation
requirements.
31314.
Withholding amounts for State noncompliance.
31315.
Waiver authority.
31316.
Limitation on statutory construction.
31317.
Procedure for prescribing regulations.
§ 31301. Definitions
In this chapter—
(1) ‘‘alcohol’’ has the same meaning given the term ‘‘alcoholic bev-
erage’’ 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 trans-
portation described in subclause (A) of this clause.
(3) ‘‘commercial driver’s license’’ means a license issued by a State
to an individual authorizing the individual to operate a class of com-
mercial motor vehicles.
(4) ‘‘commercial motor vehicle’’ means a motor vehicle used in com-
merce to transport passengers or property that—
(A) has a gross vehicle weight rating of at least 26,001 pounds
or a lesser gross vehicle weight rating the Secretary of Transpor-
tation 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 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 not otherwise regulated by the Secretary
or transporting a consumer commodity or limited quantity of
329
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 ex-
ception 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) ‘‘driver’s license’’ means a license issued by a State to an individ-
ual authorizing the individual to operate a motor vehicle on highways.
(7) ‘‘employee’’ means an operator of a commercial motor vehicle (in-
cluding an independent contractor when operating a commercial motor
vehicle) who is employed by an employer.
(8) ‘‘employer’’ means a person (including the United States Govern-
ment, a State, or a political subdivision of a State) that owns or leases
a commercial motor vehicle or assigns employees to operate a commer-
cial motor vehicle.
(9) ‘‘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.
(10) ‘‘hazardous material’’ has the same meaning given that term in
section 5102 of this title.
(11) ‘‘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.
(12) ‘‘serious traffic violation’’ means—
(A) excessive speeding, as defined by the Secretary by regula-
tion;
(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; and
(D) any other similar violation of a State or local law on motor
vehicle traffic control (except a parking violation) that the Sec-
retary designates by regulation as serious.
(13) ‘‘State’’ means a State of the United States and the District
of Columbia.
(14) ‘‘United States’’ means the States of the United States and the
District of Columbia.
330
§ 31302. Limitation on the number of driver’s licenses
An individual operating a commercial motor vehicle may have only one
driver’s license at any time, except during the 10-day period beginning on
the date the individual is issued a driver’s license.
§ 31303. Notification requirements
(a) VIOLATIONS.—An individual operating a commercial motor vehicle,
having a driver’s license issued by a State, and violating a State or local
law on motor vehicle traffic control (except a parking violation) shall notify
the individual’s employer of the violation. If the violation occurred in a State
other than the issuing State, the individual also shall notify a State official
designated by the issuing State. The notifications required by this sub-
section shall be made not later than 30 days after the date the individual
is found to have committed the violation.
(b) REVOCATIONS, SUSPENSIONS, AND CANCELLATIONS.—An employee
who has a driver’s license revoked, suspended, or canceled by a State, who
loses the right to operate a commercial motor vehicle in a State for any pe-
riod, or who is disqualified from operating a commercial motor vehicle for
any period, shall notify the employee’s employer of the action not later than
30 days after the date of the action.
(c) PREVIOUS EMPLOYMENT.—(1) Subject to paragraph (2) of this sub-
section, an individual applying for employment as an operator of a commer-
cial motor vehicle shall notify the prospective employer, at the time of the
application, of any previous employment as an operator of a commercial
motor vehicle.
(2) The Secretary of Transportation shall prescribe by regulation the pe-
riod for which notice of previous employment must be given under para-
graph (1) of this subsection. However, the period may not be less than the
10-year period ending on the date of the application.
§ 31304. Employer responsibilities
An employer may not knowingly allow an employee to operate a commer-
cial motor vehicle in the United States during a period in which the em-
ployee—
(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 sec-
tion 31302 of this title).
§ 31305. General driver fitness and testing
(a) MINIMUM STANDARDS FOR TESTING AND FITNESS.—The Secretary
of Transportation shall prescribe regulations on minimum standards for
331
testing and ensuring the fitness of an individual operating a commercial
motor vehicle. The regulations—
(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 com-
mercial 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 test-
ing 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 ve-
hicle 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; and
(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;
(6) shall establish minimum scores for passing the tests;
(7) shall ensure that an individual taking the tests is qualified to op-
erate 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 indi-
vidual’s possession when the individual is operating a commercial
motor vehicle.
332
(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 to
operate the vehicle that meet the minimum standards prescribed by the Sec-
retary under subsection (a) of this section.
(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.
§ 31306. Alcohol and controlled substances testing
(a) DEFINITION.—In this section, ‘‘controlled substance’’ means any sub-
stance under section 102 of the Comprehensive Drug Abuse Prevention and
Control Act of 1970 (21 U.S.C. 802) specified by the Secretary of Trans-
portation.
(b) TESTING PROGRAM FOR OPERATORS OF COMMERCIAL MOTOR VEHI-
CLES.—(1)(A) In the interest of commercial motor vehicle safety, the Sec-
retary of Transportation shall prescribe regulations not later than October
28, 1992, 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 alcohol or a controlled
substance in violation of law or a United States Government regulation.
(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 com-
mercial 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 sub-
section (b) of this section, the Secretary of Transportation shall develop re-
quirements that shall—
333
(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 con-
trolled 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 con-
trolled substances testing;
(B) the minimum list of controlled substances for which individ-
uals may be tested; and
(C) appropriate standards and procedures for periodic review of
laboratories and criteria for certification and revocation of certifi-
cation 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 screen-
ing 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;
(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 indi-
vidual has an opportunity to have the retained part tested by a 2d con-
firmation 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 infor-
mation (except information about alcohol or a controlled substance) of
employees, except that this clause does not prevent the use of test re-
334
sults for the orderly imposition of appropriate sanctions under this sec-
tion; and
(8) ensure that employees are selected for tests by nondiscriminatory
and impartial methods, so that no employee is harassed by being treat-
ed 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 pro-
vide for the identification and opportunity for treatment of operators of
commercial motor vehicles who are found to have used alcohol or a con-
trolled substance in violation of law or a Government regulation. The Sec-
retary 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.
(f) SANCTIONS.—The Secretary of Transportation shall decide on appro-
priate sanctions for a commercial motor vehicle operator who is found,
based on tests conducted and confirmed under this section, to have used al-
cohol or a controlled substance in violation of law or a Government regula-
tion but who is not under the influence of alcohol or a controlled substance
as provided in this chapter.
(g) EFFECT ON STATE AND LOCAL GOVERNMENT REGULATIONS.—A
State or local government may not prescribe or continue in effect a law, reg-
ulation, 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 inter-
national obligations of the United States; and
(2) shall consider applicable laws and regulations of foreign coun-
tries.
(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
335
the use of alcohol or a controlled substance by commercial motor vehicle em-
ployees.
(j) APPLICATION OF PENALTIES.—This section does not supersede a pen-
alty applicable to an operator of a commercial motor vehicle under this
chapter or another law.
§ 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 De-
fense Highways with a gross vehicle weight of more than 80,000 pounds.
(b) REQUIREMENTS.—Not later than December 18, 1994, the Secretary
of Transportation shall prescribe 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 by the States and for information to be con-
tained on each of the licenses. The standards shall require at a minimum
that—
(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;
(2) the license be tamperproof to the maximum extent practicable;
and
(3) the license contain—
(A) the name and address of the individual issued the license
and a physical description of the individual;
(B) the social security account number or other number or in-
formation the Secretary decides is appropriate to identify the indi-
vidual;
(C) the class or type of commercial motor vehicle the individual
is authorized to operate under the license;
(D) the name of the State that issued the license; and
(E) the dates between which the license is valid.
§ 31309. Commercial driver’s license information system
(a) GENERAL REQUIREMENT.—The Secretary of Transportation shall
make an agreement under subsection (b) of this section for the operation
336
of, or establish under subsection (c) of this section, 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 Secretary shall consult with the States in carrying out
this section.
(b) STATE AGREEMENTS.—If the Secretary decides that an information
system used by a State or States about the driving status of operators of
motor vehicles or another State-operated information system could be used
to carry out this section, and the State or States agree to the use of the
system for carrying out this section, the Secretary may make an agreement
with the State or States to use the system as provided in this section and
section 31311(c) of this title. An agreement made under this subsection
shall contain terms the Secretary considers necessary to carry out this chap-
ter.
(c) ESTABLISHMENT BY SECRETARY.—If the Secretary does not make an
agreement under subsection (b) of this section, the Secretary shall establish
an information system about the driving status and licensing of operators
of commercial motor vehicles as provided in this section.
(d) 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 identi-
fication of the operator;
(B) the name, address, and physical description of the operator;
(C) the social security account number of the operator or other num-
ber or information the Secretary considers appropriate to identify the
operator;
(D) the name of the State that issued the license to the operator;
(E) the dates between which the license is valid; and
(F) whether the operator had a commercial motor vehicle driver’s li-
cense revoked, suspended, or canceled by a State, lost the right to oper-
ate a commercial motor vehicle in a State for any period, or has been
disqualified from operating a commercial motor vehicle.
(2) Not later than December 31, 1990, the Secretary shall prescribe regu-
lations on minimum uniform standards for a biometric identification system
to ensure the identification of operators of commercial motor vehicles.
(e) AVAILABILITY OF INFORMATION.—(1) On request of a State, the Sec-
retary or the operator of the information system, as the case may be, may
make available to the State information in the information system under
this section.
337
(2) On request of an employee, the Secretary or the operator of the infor-
mation system, as the case may be, may make available to the employee in-
formation in the information system about the employee.
(3) On request of an employer or prospective employer of an employee
and after notification to the employee, the Secretary or the operator of the
information system, as the case may be, may make available to the employer
or prospective employer information in the information system about the
employee.
(4) On the request of the Secretary, the operator of the information sys-
tem shall make available to the Secretary information about the driving sta-
tus and licensing of operators of commercial motor vehicles (including infor-
mation required by subsection (d)(1) of this section).
(f) FEE SYSTEM.—If the Secretary establishes an information system
under this section, the Secretary shall 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 sys-
tem in that fiscal year. The Secretary shall deposit fees collected under this
subsection in the Highway Trust Fund (except the Mass Transit Account).
§ 31310. Disqualifications
(a) BLOOD ALCOHOL CONCENTRATION LEVEL.—In this section, the
blood alcohol concentration level at or above which an individual when oper-
ating a commercial motor vehicle is deemed to be driving under the influ-
ence 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 vehi-
cle 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; or
(C) using a commercial motor vehicle in committing a felony (except
a felony described in subsection (d) of this section).
(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 commer-
cial motor vehicle for life an individual—
338
(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 individ-
ual;
(C) using a commercial motor vehicle in committing more than one
felony arising out of different criminal episodes; or
(D) committing any combination of single violations or use described
in clauses (A)–(C) of this paragraph.
(2) The Secretary may prescribe regulations establishing guidelines (in-
cluding 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.
(d) CONTROLLED SUBSTANCE VIOLATIONS.—The Secretary shall dis-
qualify from operating a commercial motor vehicle for life an individual who
uses a commercial motor vehicle in committing a felony involving manufac-
turing, distributing, or dispensing a controlled substance, or possession with
intent to manufacture, distribute, or dispense a controlled substance.
(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 com-
mercial motor vehicle operated by the individual.
(2) The Secretary shall disqualify from operating a commercial motor ve-
hicle 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) STATE DISQUALIFICATION.—Notwithstanding subsections (b)–(e) 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 oper-
ating a commercial motor vehicle under subsections (b)–(e). Revocation, sus-
pension, or cancellation of the license is deemed to be disqualification under
this subsection.
(g) 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 indi-
vidual 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-of-service orders issued under regulations
prescribed under subparagraph (A) of this paragraph. Regulations pre-
scribed under this subparagraph shall require at least that an operator of
339
a commercial motor vehicle who is issued an out-of-service order to report
the issuance to the individual’s employer and to the State that issued the
operator a driver’s license.
(2) Not later than December 18, 1992, the Secretary shall prescribe regu-
lations establishing sanctions and penalties related to violations of out-of-
service orders by individuals operating commercial motor vehicles. The regu-
lations shall require at least that—
(A) an operator of a commercial motor vehicle found to have commit-
ted a first violation of an out-of-service order shall be disqualified from
operating such a vehicle for at least 90 days and liable for a civil pen-
alty of at least $1,000;
(B) an operator of a commercial motor vehicle found to have com-
mitted a 2d violation of an out-of-service order shall be disqualified
from operating such a vehicle for at least one year and not more than
5 years and liable for a civil penalty of at least $1,000; and
(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 $10,000.
§ 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 individ-
ual only if the individual passes written and driving tests for the oper-
ation 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 com-
mercial 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) At least 60 days before issuing a commercial driver’s license (or
a shorter period the Secretary prescribes by regulation), the State shall
notify the Secretary or the operator of the information system under
340
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 en-
sure identification of the individual applying for the license.
(6) Before issuing a commercial driver’s license to an individual, the
State shall request from any other State that has issued a commercial
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 li-
cense, the State shall notify the Secretary or the operator of the infor-
mation 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 com-
mercial 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 infor-
mation 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.
(9) If an individual operating a commercial motor vehicle violates a
State or local law on motor vehicle traffic control (except a parking vio-
lation) and the individual 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 violation not later than 10 days
after the date the individual is found to have committed the violation.
(10) The State may not issue a commercial driver’s license to an in-
dividual during a period in which the individual is disqualified from op-
erating a commercial motor vehicle or the individual’s driver’s license
is revoked, suspended, or canceled.
(11) The State may issue a commercial driver’s license to an individ-
ual 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 the State considers appropriate
and the Secretary approves for an individual operating a commercial
motor vehicle when the individual—
341
(A) does not have a commercial driver’s license;
(B) has a driver’s license revoked, suspended, or canceled; or
(C) is disqualified from 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 commer-
cial motor vehicle.
(15) The State shall disqualify an individual from operating a com-
mercial motor vehicle for the same reasons and time periods for which
the Secretary shall disqualify the individual under section 31310(b)–(e)
of this title.
(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 individ-
ual—
(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 ap-
plication for the commercial driver’s license; or
(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 infor-
mation in deciding whether to issue the individual a commercial driv-
er’s license.
(17) The State shall adopt and enforce regulations prescribed by the
Secretary under section 31310(g)(1)(A) and (2) of this title.
(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, suspend-
ing, 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 individ-
ual, 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
342
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.
§ 31312. Grants for testing and ensuring the fitness of opera-
tors of commercial motor vehicles
(a) BASIC GRANTS.—(1) The Secretary of Transportation may make a
grant to a State under this subsection if the State—
(A) makes an agreement with the Secretary—
(i) to adopt and carry out in the fiscal year in which the grant
is made a program for testing and ensuring the fitness of individ-
uals who operate commercial motor vehicles under the minimum
standards prescribed by the Secretary under section 31305(a) of
this title; and
(ii) to require that operators of commercial motor vehicles have
passed written and driving tests that meet the minimum stand-
ards; and
(B) has in effect and enforces in that fiscal year a law providing that
an individual with a blood alcohol concentration of at least .10 percent
when operating a commercial motor vehicle is deemed to be driving
under the influence of alcohol.
(2) A State may—
(A) administer driving tests referred to in paragraph (1) of this sub-
section and section 31311(a) of this title; or
(B) make an agreement, approved by the Secretary, for the tests to
be administered by a person (including a department, agency, or in-
strumentality of a local government) that meets minimum standards
the Secretary prescribes by regulation if—
(i) the agreement allows the Secretary and the State each to
conduct random examinations, inspections, and audits of the test-
ing without prior notification; and
(ii) the State annually conducts at least one onsite inspection
of the testing.
(3) The Secretary shall decide on the amount of a grant in a fiscal year
to be made under this subsection to a State eligible to receive the grant in
the fiscal year. However—
(A) a grant to a State under this subsection shall be at least
$100,000 in a fiscal year; and
(B) to the extent each State grant under this subsection is more
than $100,000 in a fiscal year, the Secretary shall ensure that those
States are treated equitably.
343
(4) A State receiving a grant under this subsection may use the amounts
provided under the grant only to test operators of commercial motor vehi-
cles.
(5) There is available to the Secretary to carry out this subsection
$lllll from amounts made available under section 31104 of this title
for the fiscal year ending September 30, 19l.
(b) SUPPLEMENTAL GRANTS.—(1) The Secretary may make a grant
under this subsection in a fiscal year to a State eligible to receive a grant
under subsection (a) of this section in that fiscal year. A grant made under
this subsection shall be used for testing operators of commercial motor vehi-
cles.
(2) Amounts of grants under this subsection shall be distributed among
the States eligible to receive grants under subsection (a) of this section in
the fiscal year on the basis of the number of written and driving tests ad-
ministered, and the number of drivers’ licenses for the operation of commer-
cial motor vehicles issued, in the prior fiscal year.
(3) There is available to the Secretary to carry out this subsection
$lllll from amounts made available under section 31104 of this title
for the fiscal year ending September 30, 19l.
(c) MAINTENANCE
OF EXPENDITURES.—The Secretary may make a
grant to a State under this section only if the State agrees that the total
expenditure of amounts of the State and political subdivisions of the State,
exclusive of United States Government amounts, for testing operators of
commercial motor vehicles will be maintained at a level at least equal to the
average level of that expenditure for its last 2 fiscal years before October
27, 1986.
(d) AVAILABILITY OF AMOUNTS.—(1) Amounts made available to a State
under this section remain available for obligation by the State for the fiscal
year for which the amounts are made available. Any of those amounts not
obligated before the last day of that fiscal year are no longer available for
obligation by the State and are available to the Secretary to carry out this
chapter.
(2) Amounts made available to the Secretary under this section remain
available until expended.
(e) GRANTS AS CONTRACTUAL OBLIGATIONS.—Approval by the Secretary
of a grant to a State under this section is a contractual obligation of the
Government for payment of the amount of the grant.
(f) TESTING AND FITNESS PROGRAM STUDIES.—In this section, develop-
ment of a program for testing and ensuring the fitness of individuals who
operate commercial motor vehicles includes studies of—
344
(1) the number of vehicles that will need to be tested under the pro-
gram in a calendar year;
(2) facilities at which testing of those individuals could be conducted;
and
(3) additional resources (including personnel) that will be necessary
to conduct the testing.
§ 31313. Grants for issuing commercial drivers’ licenses and
complying with State participation requirements
(a) GENERAL AUTHORITY.—The Secretary of Transportation may make
a grant under this section to a State in a fiscal year if the State makes
an agreement with the Secretary to participate in that fiscal year in the
commercial driver’s license program established by this chapter and the in-
formation system required by section 31309 of this title and to comply with
the requirements of section 31311(a) of this title.
(b) AMOUNTS OF GRANTS.—The Secretary shall decide on the amount of
a grant in a fiscal year to be made under this section to a State eligible
to receive the grant in the fiscal year. However—
(1) a grant to a State under this section shall be at least $100,000
in a fiscal year; and
(2) to the extent each State grant under this section is more than
$100,000 in a fiscal year, the Secretary shall ensure that those States
are treated equitably.
(c) LIMITATION ON USE.—A State receiving a grant under this section
may use the amounts provided under the grant only for issuing commercial
drivers’ licenses and complying with the requirements of section 31311(a)
of this title.
(d) AVAILABILITY OF AMOUNTS.—(1) Amounts made available to a State
under this section remain available for obligation by the State for the fiscal
year for which the amounts are made available. Any of those amounts not
obligated before the last day of that fiscal year are no longer available for
obligation by the State and are available to the Secretary to carry out this
chapter.
(2) Amounts made available to the Secretary under this section remain
available until expended.
(e) GRANTS AS CONTRACTUAL OBLIGATIONS.—Approval by the Secretary
of a grant to a State under this section is a contractual obligation of the
United States Government for payment of the amount of the grant.
(f) AUTHORIZATION.—There is available to the Secretary to carry out
this section $lllll from amounts made available under section 31104
of this title for the fiscal year ending September 30, 19l.
345
§ 31314. Withholding amounts for State noncompliance
(a) FIRST FISCAL YEAR.—The Secretary of Transportation shall withhold
5 percent of the amount required to be apportioned to a State under section
104(b)(1), (2), (5), and (6) of title 23 on the first day of the fiscal year
after the first fiscal year beginning after September 30, 1992, throughout
which the State does not comply substantially with a requirement of section
31311(a) of this title.
(b) SECOND FISCAL YEAR.—The Secretary shall withhold 10 percent of
the amount required to be apportioned to a State under section 104(b)(1),
(2), (5), and (6) of title 23 on the first day of each fiscal year after the
2d fiscal year beginning after September 30, 1992, throughout which the
State does not comply substantially with a requirement of section 31311(a)
of this title.
(c) AVAILABILITY FOR APPORTIONMENT.—(1) Amounts withheld under
this section from apportionment to a State before October 1, 1995, remain
available for apportionment to the State as follows:
(A) If the amounts would have been apportioned under section
104(b)(5)(B) of title 23 but for this section, the amounts remain avail-
able until the end of the 2d fiscal year following the fiscal year for
which the amounts are authorized to be appropriated.
(B) If the amounts would have been apportioned under section
104(b)(1), (2), or (6) of title 23 but for this section, the amounts re-
main available until the end of the 3d fiscal year following the fiscal
year for which the amounts are authorized to be appropriated.
(2) Amounts withheld under this section from apportionment to a State
after September 30, 1995, are not available for apportionment to the State.
(d) APPORTIONMENT AFTER COMPLIANCE.—(1) If, before the last day of
the period for which amounts withheld under this section from apportion-
ment are to remain available for apportionment to a State under subsection
(c)(1) of this section, the State substantially complies with all of the re-
quirements of section 31311(a) of this title for a period of 365 days, the
Secretary, on the day following the last day of that period, shall apportion
to the State the withheld amounts remaining available for apportionment to
that State.
(2) Amounts apportioned under paragraph (1) of this subsection remain
available for expenditure until the end of the 3d fiscal year following the
fiscal year in which the amounts are apportioned. Amounts not obligated
at the end of that period lapse or, for amounts apportioned under section
104(b)(5) of title 23, lapse and are available for projects under section
118(b) of title 23.
346
(e) LAPSE.—If, at the end of the period for which amounts withheld
under this section from apportionment are available for apportionment to
a State under subsection (c)(1) of this section, the State has not substan-
tially complied with all of the requirements of section 31311(a) of this title
for a 365-day period, the amounts lapse or, for amounts withheld from ap-
portionment under section 104(b)(5) of title 23, the amounts lapse and are
available for projects under section 118(b) of title 23.
§ 31315. Waiver authority
After notice and an opportunity for comment, the Secretary of Transpor-
tation may waive any part of this chapter or a regulation prescribed under
this chapter as it applies to a class of individuals or commercial motor vehi-
cles if the Secretary decides the waiver is not contrary to the public interest
and does not diminish the safe operation of commercial motor vehicles. A
waiver under this section shall be published in the Federal Register with
reasons for the waiver.
§ 31316. Limitation on statutory construction
This chapter does not affect the authority of the Secretary of Transpor-
tation to regulate commercial motor vehicle safety involving motor vehicles
with a gross vehicle weight rating of less than 26,001 pounds or a lesser
gross vehicle weight rating the Secretary decides is appropriate under sec-
tion 31301(4)(A) of this title.
§ 31317. Procedure for prescribing regulations
Regulations prescribed by the Secretary of Transportation to carry out
this chapter (except section 31307) shall be prescribed under section 553
of title 5 without regard to sections 556 and 557 of title 5.
CHAPTER 315—MOTOR CARRIER SAFETY
Sec.
31501.
Definitions.
31502.
Requirements for qualifications, hours of service, safety, and equipment standards.
31503.
Research, investigation, and testing.
31504.
Identification of motor vehicles.
§ 31501. Definitions
In this chapter—
(1) ‘‘migrant worker’’ means an individual going to or from employ-
ment in agriculture as provided under section 3121(g) of the Internal
Revenue Code of 1986 (26 U.S.C. 3121(g)) or section 203(f) of the
Fair Labor Standards Act of 1938 (29 U.S.C. 203(f)).
(2) ‘‘motor carrier’’, ‘‘motor common carrier’’, ‘‘motor private car-
rier’’, ‘‘motor vehicle’’, and ‘‘United States’’ have the same meanings
given those terms in section 10102 of this title.
(3) ‘‘motor carrier of migrant workers’’—
(A) means a person (except a motor common carrier) providing
transportation referred to in section 10521(a) of this title by a
347
motor vehicle (except a passenger automobile or station wagon) for
at least 3 migrant workers at a time to or from their employment;
but
(B) does not include a migrant worker providing transportation
for migrant workers and their immediate families.
§ 31502. Requirements for qualifications, hours of service,
safety, and equipment standards
(a) APPLICATION.—This section applies to transportation—
(1) described in sections 10521 and 10522 of this title; and
(2) to the extent the transportation is in the United States and is
between places in a foreign country, or between a place in a foreign
country and a place in another foreign country.
(b) MOTOR CARRIER AND PRIVATE MOTOR CARRIER REQUIREMENTS.—
The Secretary of Transportation may prescribe requirements for—
(1) qualifications and maximum hours of service of employees of, and
safety of operation and equipment of, a motor carrier; and
(2) qualifications and maximum hours of service of employees of, and
standards of equipment of, a motor private carrier, when needed to
promote safety of operation.
(c) MIGRANT WORKER MOTOR CARRIER REQUIREMENTS.—The Secretary
may prescribe requirements for the comfort of passengers, qualifications and
maximum hours of service of operators, and safety of operation and equip-
ment of a motor carrier of migrant workers. The requirements only apply
to a carrier transporting a migrant worker—
(1) at least 75 miles; and
(2) across the boundary of a State, territory, or possession of the
United States.
(d) CONSIDERATIONS.—Before prescribing or revising any requirement
under this section, the Secretary shall consider the costs and benefits of the
requirement.
§ 31503. Research, investigation, and testing
(a) GENERAL AUTHORITY.—The Secretary of Transportation may inves-
tigate and report on the need for regulation by the United States Govern-
ment of sizes, weight, and combinations of motor vehicles and qualifications
and maximum hours of service of employees of a motor carrier subject to
subchapter II of chapter 105 of this title and a motor private carrier. The
Secretary shall use the services of each department, agency, or instrumen-
tality of the Government and each organization of motor carriers having
special knowledge of a matter being investigated.
(b) USE OF SERVICES.—In carrying out this chapter, the Secretary may
use the services of a department, agency, or instrumentality of the Govern-
348
ment having special knowledge about safety, to conduct scientific and tech-
nical research, investigation, and testing when necessary to promote safety
of operation and equipment of motor vehicles. The Secretary may reimburse
the department, agency, or instrumentality for the services provided.
§ 31504. Identification of motor vehicles
(a) GENERAL AUTHORITY.—The Secretary of Transportation may—
(1) issue and require the display of an identification plate on a motor
vehicle used in transportation provided by a motor private carrier and
a motor carrier of migrant workers subject to section 31502(c) of this
title, except a motor contract carrier; and
(2) require each of those motor private carriers and motor carriers
of migrant workers to pay the reasonable cost of the plate.
(b) LIMITATION.—A motor private carrier or a motor carrier of migrant
workers may use an identification plate only as authorized by the Secretary.
CHAPTER 
317—PARTICIPATION 
IN 
INTERNATIONAL
REGISTRATION PLAN AND INTERNATIONAL FUEL TAX
AGREEMENT
Sec.
31701.
Definitions.
31702.
Working group.
31703.
Grants.
31704.
Vehicle registration.
31705.
Fuel use tax.
31706.
Enforcement.
31707.
Limitations on statutory construction.
31708.
Authorization of appropriations.
§ 31701. Definitions
In this chapter—
(1) ‘‘commercial motor vehicle’’, with respect to—
(A) the International Registration Plan, has the same meaning
given the term ‘‘apportionable vehicle’’ under the Plan; and
(B) the International Fuel Tax Agreement, has the same mean-
ing given the term ‘‘qualified motor vehicle’’ under the Agreement.
(2) ‘‘fuel use tax’’ means a tax imposed on or measured by the con-
sumption of fuel in a motor vehicle.
(3) ‘‘International Fuel Tax Agreement’’ means the interstate agree-
ment on collecting and distributing fuel use taxes paid by motor car-
riers, developed under the auspices of the National Governors’ Associa-
tion.
(4) ‘‘International Registration Plan’’ means the interstate agree-
ment on apportioning vehicle registration fees paid by motor carriers,
developed by the American Association of Motor Vehicle Administra-
tors.
349
(5) ‘‘Regional Fuel Tax Agreement’’ means the interstate agreement
on collecting and distributing fuel use taxes paid by motor carriers in
the States of Maine, Vermont, and New Hampshire.
(6) ‘‘State’’ means the 48 contiguous States and the District of Co-
lumbia.
§ 31702. Working group
(a) ESTABLISHMENT.—The Secretary of Transportation shall establish a
working group of State and local government officials, including representa-
tives of the National Governors’ Association, the American Association of
Motor Vehicle Administrators, the National Conference of State Legisla-
tures, the Federation of Tax Administrators, and the Board of Directors for
the International Fuel Tax Agreement, and a representative of the Regional
Fuel Tax Agreement.
(b) PURPOSES.—The purposes of the working group are—
(1) to propose procedures to resolve disputes among States partici-
pating in the International Registration Plan and among States partici-
pating in the International Fuel Tax Agreement, including designating
the Secretary or any other person to resolve the disputes; and
(2) to provide technical assistance to States participating or seeking
to participate in the Plan or Agreement.
(c) CONSULTATION REQUIREMENT.—In carrying out subsection (b) of
this section, the working group shall consult with members of the motor car-
rier industry.
(d) REPORT.—(1) Not later than December 18, 1993, the working group
shall submit a report to—
(A) the Secretary;
(B) the Committee on Commerce, Science, and Transportation of the
Senate;
(C) the Committee on Public Works and Transportation of the
House of Representatives;
(D) the Committee on the Judiciary of the House of Representatives;
(E) the States participating in the International Registration Plan;
and
(F) the States participating in the International Fuel Tax Agree-
ment.
(2) The report shall contain a detailed statement of the working group’s
findings and conclusions and its joint recommendations about the matters
referred to in subsection (b) of this section. After submitting the report, the
working group periodically may review and modify the findings and conclu-
sions and the joint recommendations as appropriate and submit a report
350
containing the modifications to the Secretary and the committees specified
in paragraph (1) of this subsection.
(e) RELATIONSHIP TO OTHER LAWS.—The Federal Advisory Committee
Act (5 App. U.S.C.) does not apply to the working group.
§ 31703. Grants
(a) GENERAL AUTHORITY.—The Secretary of Transportation may make
grants to States and appropriate persons to facilitate participation in the
International Registration Plan and the International Fuel Tax Agreement
and to make administrative improvements in any other base State fuel use
tax agreement in existence as of January 1, 1991. A grant may include
amounts for technical assistance, personnel training, travel costs, and tech-
nology and equipment associated with the participation.
(b) CONTRACTUAL OBLIGATION.—Approval by the Secretary of a grant
with amounts made available under this section is a contractual obligation
of the United States Government for payment of the Government’s share
of the grant.
§ 31704. Vehicle registration
After September 30, 1996, a State that is not participating in the Inter-
national Registration Plan may not establish, maintain, or enforce a com-
mercial motor vehicle registration law, regulation, or agreement that limits
the operation in that State of a commercial motor vehicle that is not reg-
istered under the laws of the State, if the vehicle is registered under the
laws of a State participating in the Plan.
§ 31705. Fuel use tax
(a) REPORTING REQUIREMENTS.—After September 30, 1996, a State
may establish, maintain, or enforce a law or regulation that has a fuel use
tax reporting requirement (including any tax reporting form) only if the re-
quirement conforms with the International Fuel Tax Agreement.
(b) PAYMENT.—After September 30, 1996, a State may establish, main-
tain, or enforce a law or regulation that provides for the payment of a fuel
use tax only if the law or regulation conforms with the International Fuel
Tax Agreement as it applies to collection of a fuel use tax by a single base
State and proportional sharing of fuel use taxes charged among the States
where a commercial motor vehicle is operated.
(c) LIMITATION.—If the International Fuel Tax Agreement is amended,
a State not participating in the Agreement when the amendment is made
is not subject to the conformity requirements of subsections (a) and (b) of
this section in regard to the amendment until after a reasonable time, but
not earlier than the expiration of—
351
(1) the 365-day period beginning on the first day that States partici-
pating in the Agreement are required to comply with the amendment;
or
(2) the 365-day period beginning on the day the relevant office of
the State receives written notice of the amendment from the Secretary
of Transportation.
(d) NONAPPLICATION.—This section does not apply to a State that was
participating in the Regional Fuel Tax Agreement on January 1, 1991, and
that continues to participate in that Agreement after that date.
§ 31706. Enforcement
(a) CIVIL ACTIONS.—On request of the Secretary of Transportation, the
Attorney General may bring a civil action in a court of competent jurisdic-
tion to enforce compliance with sections 31704 and 31705 of this title.
(b) VENUE.—An action under this section may be brought only in the
State in which an order is required to enforce compliance.
(c) RELIEF.—Subject to section 1341 of title 28, the court, on a proper
showing—
(1) shall issue a temporary restraining order or a preliminary or per-
manent injunction; and
(2) may require by the injunction that the State or any person com-
ply with sections 31704 and 31705 of this title.
§ 31707. Limitations on statutory construction
Sections 31704 and 31705 of this title do not limit the amount of money
a State may charge for registration of a commercial motor vehicle or the
amount of any fuel use tax a State may impose.
§ 31708. Authorization of appropriations
(a) GENERAL.—From amounts made available under section 31104 of
this title, the Secretary of Transportation shall provide the following
amounts for each of the fiscal years ending September 30, 1993-1997:
(1) $1,000,000 for activities of the working group under section
31702 of this title.
(2) $5,000,000 for grants under section 31703 of this title.
(b) AVAILABILITY OF AMOUNTS.—Amounts appropriated under this sec-
tion remain available until expended.
PART C—INFORMATION, STANDARDS, AND
REQUIREMENTS
CHAPTER 321—GENERAL
Sec.
32101.
Definitions.
32102.
Authorization of appropriations.
§ 32101. Definitions
In this part (except section 32304 and chapter 329)—
352
(1) ‘‘bumper standard’’ means a minimum performance standard
that substantially reduces—
(A) the damage to the front or rear end of a passenger motor
vehicle from a low-speed collision (including a collision with a fixed
barrier) or from towing the vehicle; or
(B) the cost of repairing the damage.
(2) ‘‘insurer’’ means a person in the business of issuing, or reinsur-
ing any part of, a passenger motor vehicle insurance policy.
(3) ‘‘interstate commerce’’ means commerce between a place in a
State and—
(A) a place in another State; or
(B) another place in the same State through another State.
(4) ‘‘make’’, when describing a passenger motor vehicle, means the
trade name of the manufacturer of the vehicle.
(5) ‘‘manufacturer’’ means a person—
(A) manufacturing or assembling passenger motor vehicles or
passenger motor vehicle equipment; or
(B) importing motor vehicles or motor vehicle equipment for re-
sale.
(6) ‘‘model’’, when describing a passenger motor vehicle, means a
category of passenger motor vehicles based on the size, style, and type
of a make of vehicle.
(7) ‘‘motor vehicle’’ means a vehicle driven or drawn by mechanical
power and manufactured primarily for use on public streets, roads, and
highways, but does not include a vehicle operated only on a rail line.
(8) ‘‘motor vehicle accident’’ means an accident resulting from the
maintenance or operation of a passenger motor vehicle or passenger
motor vehicle equipment.
(9) ‘‘multipurpose passenger vehicle’’ means a passenger motor vehi-
cle constructed on a truck chassis or with special features for occa-
sional off-road operation.
(10) ‘‘passenger motor vehicle’’ means a motor vehicle with motive
power designed to carry not more than 12 individuals, but does not in-
clude—
(A) a motorcycle; or
(B) a truck not designed primarily to carry its operator or pas-
sengers.
(11) ‘‘passenger motor vehicle equipment’’ means—
(A) a system, part, or component of a passenger motor vehicle
as originally made;
353
(B) a similar part or component made or sold for replacement
or improvement of a system, part, or component, or as an acces-
sory or addition to a passenger motor vehicle; or
(C) a device made or sold for use in towing a passenger motor
vehicle.
(12) ‘‘State’’ means a State of the United States, the District of Co-
lumbia, Puerto Rico, the Northern Mariana Islands, Guam, American
Samoa, and the Virgin Islands.
(13) ‘‘United States district court’’ means a district court of the
United States, a United States court for Guam, the Virgin Islands, and
American Samoa, and the district court for the Northern Mariana Is-
lands.
§ 32102. Authorization of appropriations
The following amounts may be appropriated to the Secretary of Transpor-
tation for the National Highway Traffic Safety Administration to carry out
this part:
(1) $6,731,430 for the fiscal year ending September 30, 1993.
(2) $6,987,224 for the fiscal year ending September 30, 1994.
(3) $7,252,739 for the fiscal year ending September 30, 1995.
CHAPTER 323—CONSUMER INFORMATION
Sec.
32301.
Definitions.
32302.
Passenger motor vehicle information.
32303.
Insurance information.
32304.
Passenger motor vehicle country of origin labeling.
32305.
Information and assistance from other departments, agencies, and instrumentalities.
32306.
Personnel.
32307.
Investigative powers.
32308.
General prohibitions, civil penalty, and enforcement.
32309.
Criminal penalty for labeling violations.
§ 32301. Definitions
In this chapter—
(1) ‘‘crashworthiness’’ means the protection a passenger motor vehi-
cle gives its passengers against personal injury or death from a motor
vehicle accident.
(2) ‘‘damage susceptibility’’ means the susceptibility of a passenger
motor vehicle to damage in a motor vehicle accident.
§ 32302. Passenger motor vehicle information
(a) INFORMATION PROGRAM.—The Secretary of Transportation shall
maintain a program for developing the following information on passenger
motor vehicles:
(1) damage susceptibility.
(2) crashworthiness.
(3) the degree of difficulty of diagnosis and repair of damage to, or
failure of, mechanical and electrical systems.
354
(4) vehicle operating costs dependent on the characteristics referred
to in clauses (1)–(3) of this subsection, including insurance information
obtained under section 32303 of this title.
(b) MOTOR VEHICLE INFORMATION.—To assist a consumer in buying a
passenger motor vehicle, the Secretary shall provide to the public informa-
tion developed under subsection (a) of this section. The information shall
be in a simple and understandable form that allows comparison of the char-
acteristics referred to in subsection (a)(1)–(3) of this section among the
makes and models of passenger motor vehicles. The Secretary may require
passenger motor vehicle dealers to distribute the information to prospective
buyers.
(c) INSURANCE COST INFORMATION.—The Secretary shall prescribe regu-
lations that require passenger motor vehicle dealers to distribute to prospec-
tive buyers information the Secretary develops and provides to the dealers
that compares insurance costs for different makes and models of passenger
motor vehicles based on damage susceptibility and crashworthiness.
§ 32303. Insurance information
(a) GENERAL REPORTS AND INFORMATION REQUIREMENTS.—(1) In car-
rying out this chapter, the Secretary of Transportation may require an in-
surer, or a designated agent of the insurer, to make reports and provide
the Secretary with information. The reports and information may include
accident claim information by make, model, and model year of passenger
motor vehicle about the kind and extent of—
(A) physical damage and repair costs; and
(B) personal injury.
(2) In deciding which reports and information are to be provided under
this subsection, the Secretary shall—
(A) consider the cost of preparing and providing the reports and in-
formation;
(B) consider the extent to which the reports and information will
contribute to carrying out this chapter; and
(C) consult with State authorities and public and private agencies
the Secretary considers appropriate.
(3) To the extent possible, the Secretary shall obtain reports and informa-
tion under this subsection on a voluntary basis.
(b) REQUESTED INFORMATION ON CRASHWORTHINESS, DAMAGE SUS-
CEPTIBILITY, AND REPAIR AND PERSONAL INJURY COST.—When requested
by the Secretary, an insurer shall give the Secretary information—
(1) about the extent to which the insurance premiums charged by
the insurer are affected by damage susceptibility, crashworthiness, and
355
the cost of repair and personal injury, for each make and model of pas-
senger motor vehicle; and
(2) available to the insurer about the effect of damage susceptibility,
crashworthiness, and the cost of repair and personal injury for each
make and model of passenger motor vehicle on the risk incurred by the
insurer in insuring that make and model.
(c) DISCLOSURE.—In distributing information received under this section,
the Secretary may disclose identifying information about a person that may
be an insured, a claimant, a passenger, an owner, a witness, or an individual
involved in a motor vehicle accident, only with the consent of the person.
§ 32304. Passenger motor vehicle country of origin labeling
(a) DEFINITIONS.—In this section—
(1) ‘‘allied supplier’’ means a supplier of passenger motor vehicle
equipment that is wholly owned by the manufacturer, or if a joint ven-
ture vehicle assembly arrangement, a supplier that is wholly owned by
one member of the joint venture arrangement.
(2)(A) ‘‘carline’’—
(i) means a name given a group of passenger motor vehicles
that has a degree of commonality in construction such as body and
chassis;
(ii) does not consider a level of decor or opulence; and
(iii) except for light duty trucks, is not generally distinguished
by characteristics such as roof line, number of doors, seats, or
windows; and
(B) light duty trucks are different carlines than passenger motor ve-
hicles.
(3) ‘‘country of origin’’, when referring to the origin of an engine
or transmission, means the country from which the largest share of the
dollar value added to an engine or transmission has originated—
(A) with the United States and Canada treated as separate
countries; and
(B) the estimate of the percentage of the dollar value shall be
based on the purchase price of direct materials, as received at in-
dividual engine or transmission plants, of engines of the same dis-
placement and transmissions of the same transmission type.
(4) ‘‘dealer’’ means a person residing or located in the United
States, including the District of Columbia or a territory or possession
of the United States, and engaged in selling or distributing new pas-
senger motor vehicles to the ultimate purchaser.
(5) ‘‘final assembly place’’ means the plant, factory, or other place
at which a new passenger motor vehicle is produced or assembled by
356
a manufacturer, and from which the vehicle is delivered to a dealer or
importer with all component parts necessary for the mechanical oper-
ation of the vehicle included with the vehicle, whether or not the com-
ponent parts are permanently installed in or on the vehicle.
(6) ‘‘foreign content’’ means passenger motor vehicle equipment that
is not of United States/Canadian origin.
(7) ‘‘manufacturer’’ means a person—
(A) engaged in manufacturing or assembling new passenger
motor vehicles;
(B) importing new passenger motor vehicles for resale; or
(C) acting for and under the control of such a manufacturer,
assembler, or importer in connection with the distribution of new
passenger motor vehicles.
(8) ‘‘new passenger motor vehicle’’ means a passenger motor vehicle
for which a manufacturer, distributor, or dealer has never transferred
the equitable or legal title to the vehicle to an ultimate purchaser.
(9) ‘‘of United States/Canadian origin’’, when referring to passenger
motor vehicle equipment, means—
(A) for an outside supplier, passenger motor vehicle equipment
whose purchase price contains at least 70 percent value added in
the United States and Canada; and
(B) for an allied supplier, that part of the individual passenger
motor vehicle equipment whose purchase price the manufacturer
determines remains after subtracting the total of the purchase
prices of all material of foreign content purchased from outside
suppliers, with the determination of the United States/Canadian
origin or of the foreign content from outside suppliers being con-
sistent with subclause (A) of this clause.
(10) ‘‘outside supplier’’ means a supplier of passenger motor vehicle
equipment to a manufacturer’s allied supplier, or a person other than
an allied supplier, who ships directly to the manufacturer’s final assem-
bly place.
(11) ‘‘passenger motor vehicle’’ means a motor vehicle with motive
power, manufactured primarily for use on public streets, roads, and
highways, and designed to carry not more than 12 individuals—
(A) including a multipurpose vehicle or light duty truck when
the vehicle or truck is rated at not more than 8,500 pounds gross
vehicle weight; but
(B) not including—
(i) a motorcycle;
357
(ii) a truck not designed primarily to carry its operator or
passengers; or
(iii) a vehicle operated only on a rail line.
(12) ‘‘passenger motor vehicle equipment’’—
(A) means a system, subassembly, or component received at the
final vehicle assembly place for installation on, or attachment to,
a passenger motor vehicle at the time of its first shipment by the
manufacturer to a dealer for sale to an ultimate purchaser; but
(B) does not include minor parts (including nuts, bolts, clips,
screws, pins, braces, and other attachment hardware) and other
similar items the Secretary of Transportation may prescribe by
regulation after consulting with manufacturers and labor.
(13) ‘‘percentage (by value)’’, when referring to passenger motor ve-
hicle equipment of United States/Canadian origin, means the percent-
age remaining after subtracting the percentage (by value) of passenger
motor vehicle equipment that is not of United States/Canadian origin
that will be installed or included on those vehicles produced in a car-
line, from 100 percent—
(A) with value being expressed in terms of the purchase price;
and
(B) for outside suppliers and allied suppliers, the value used is
the purchase price of the equipment paid at the final assembly
place.
(14) ‘‘State’’ means a State of the United States, the District of Co-
lumbia, Puerto Rico, Guam, the Canal Zone, American Samoa, and the
Virgin Islands.
(15) ‘‘value added in the United States and Canada’’ means a per-
centage determined by subtracting the total purchase price of foreign
content from the total purchase price, and dividing the remainder by
the total purchase price, excluding costs incurred or profits made at
the final assembly place and beyond (including advertising, assembly,
labor, interest payments, and profits), with the following groupings
being used:
(A) engines of same displacement produced at the same plant.
(B) transmissions of the same type produced at the same plant.
(b) MANUFACTURER REQUIREMENT.—(1) Each manufacturer of a new
passenger motor vehicle manufactured after September 30, 1994, and dis-
tributed in commerce for sale in the United States, shall establish each year
for each model year and cause to be attached in a prominent place on each
of those vehicles, at least one label. The label shall contain the following
information:
358
(A) the percentage (by value) of passenger motor vehicle equipment
of United States/Canadian origin installed on vehicles in the carline to
which that vehicle belongs, identified by the words ‘‘U.S./Canadian con-
tent’’.
(B) the final assembly place for that vehicle by city, State (where
appropriate) and country.
(C) if at least 15 percent (by value) of equipment installed on pas-
senger motor vehicles in a carline originated in any country other than
the United States and Canada, the names of at least the 2 countries
in which the greatest amount (by value) of that equipment originated
and the percentage (by value) of the equipment originating in each
country.
(D) the country of origin of the engine and the transmission for each
vehicle.
(2) At the beginning of each model year, each manufacturer shall estab-
lish the percentages required for each carline to be indicated on the label
under this subsection. Those percentages are applicable to that carline for
the entire model year. A manufacturer may round those percentages to the
nearest 5 percent.
(3) A manufacturer complying with the requirement of paragraph (1)(B)
of this subsection satisfies the disclosure requirement of section 3(b) of the
Automobile Information Disclosure Act (15 U.S.C. 1232(b)).
(c) DEALER REQUIREMENT.—Each dealer engaged in the sale or dis-
tribution of a new passenger motor vehicle manufactured after September
30, 1994, shall cause to be maintained on that vehicle the label required
to be attached to that vehicle under subsection (b) of this section.
(d) FORM AND CONTENT OF LABEL.—The Secretary of Transportation
shall prescribe by regulation the form and content of the label required
under subsection (b) of this section and the manner and location in which
the label is attached. The Secretary shall permit a manufacturer to comply
with this section by allowing the manufacturer to disclose the information
required under subsection (b)(1) on the label required by section 3 of the
Automobile Information Disclosure Act (15 U.S.C. 1232), on the label re-
quired by section 32908 of this title, or on a separate label that is readily
visible.
(e) REGULATIONS.—In consultation with the Secretaries of Commerce
and the Treasury, the Secretary of Transportation shall prescribe regula-
tions necessary to carry out this section, including regulations establishing
a procedure to verify the label information required under subsection (b)(1)
of this section. Those regulations shall provide the ultimate purchaser of a
new passenger motor vehicle with the best and most understandable infor-
359
mation possible about the foreign content and United States/Canadian ori-
gin of the equipment of the vehicles without imposing costly and unneces-
sary burdens on the manufacturers. The Secretary of Transportation shall
prescribe the regulations promptly to provide adequate lead time for each
manufacturer to comply with this section. The regulations shall include pro-
visions applicable to outside suppliers and allied suppliers to require those
suppliers to certify whether passenger motor vehicle equipment provided by
those suppliers is of United States origin, of United States/Canadian origin,
or of foreign content and to provide other information the Secretary of
Transportation decides is necessary to allow each manufacturer to comply
reasonably with this section and to rely on that certification and informa-
tion.
(f) PREEMPTION.—(1) When a label content requirement prescribed
under this section is in effect, a State or a political subdivision of a State
may not adopt or enforce a law or regulation related to the content of vehi-
cles covered by a requirement under this section.
(2) A State or a political subdivision of a State may prescribe require-
ments related to the content of passenger motor vehicles obtained for its
own use.
§ 32305. Information and assistance from other depart-
ments, agencies, and instrumentalities
(a) AUTHORITY TO REQUEST.—The Secretary of Transportation may re-
quest information necessary to carry out this chapter from a department,
agency, or instrumentality of the United States Government. The head of
the department, agency, or instrumentality shall provide the information.
(b) DETAILING PERSONNEL.—The head of a department, agency, or in-
strumentality may detail, on a reimbursable basis, personnel to assist the
Secretary in carrying out this chapter.
§ 32306. Personnel
(a) GENERAL AUTHORITY.—In carrying out this chapter, the Secretary
of Transportation may—
(1) appoint and fix the pay of employees without regard to the provi-
sions of title 5 governing appointment in the competitive service and
chapter 51 and subchapter III of chapter 53 of title 5; and
(2) make contracts with persons for research and preparation of re-
ports.
(b) STATUS OF ADVISORY COMMITTEE MEMBERS.—A member of an ad-
visory committee appointed under section 325 of this title to carry out this
chapter is a special United States Government employee under chapter 11
of title 18.
360
§ 32307. Investigative powers
(a) GENERAL AUTHORITY.—In carrying out this chapter, the Secretary
of Transportation may—
(1) inspect and copy records of any person at reasonable times;
(2) order a person to file written reports or answers to specific ques-
tions, including reports or answers under oath; and
(3) conduct hearings, administer oaths, take testimony, and require
(by subpena or otherwise) the appearance and testimony of witnesses
and the production of records the Secretary considers advisable.
(b) WITNESS FEES AND MILEAGE.—A witness summoned under sub-
section (a) of this section is entitled to the same fee and mileage the witness
would have been paid in a court of the United States.
(c) CIVIL ACTIONS TO ENFORCE.—A civil action to enforce a subpena or
order of the Secretary under subsection (a) of this section may be brought
in the United States district court for the judicial district in which the pro-
ceeding by the Secretary is conducted. The court may punish a failure to
obey an order of the court to comply with the subpena or order of the Sec-
retary as a contempt of court.
(d) CONFIDENTIALITY OF INFORMATION.—Information obtained by the
Secretary under this section related to a confidential matter referred to in
section 1905 of title 18 may be disclosed only to another officer or employee
of the United States Government for use in carrying out this chapter. This
subsection does not authorize information to be withheld from a committee
of Congress authorized to have the information.
§ 32308. General prohibitions, civil penalty, and enforce-
ment
(a) PROHIBITIONS.—A person may not—
(1) fail to provide the Secretary of Transportation with information
requested by the Secretary in carrying out this chapter; or
(2) fail to comply with applicable regulations prescribed by the Sec-
retary in carrying out this chapter.
(b) CIVIL PENALTY.—(1) A person that violates subsection (a) of this
section is liable to the United States Government for a civil penalty of not
more than $1,000 for each violation. Each failure to provide information or
comply with a regulation in violation of subsection (a) is a separate viola-
tion. The maximum penalty under this subsection for a related series of vio-
lations is $400,000.
(2) The Secretary may compromise the amount of a civil penalty imposed
under this section.
361
(3) In determining the amount of a penalty or compromise, the appro-
priateness of the penalty or compromise to the size of the business of the
person charged and the gravity of the violation shall be considered.
(4) 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) CIVIL ACTIONS TO ENFORCE.—(1) The Attorney General may bring
a civil action in a United States district court to enjoin a violation of sub-
section (a) of this section.
(2) When practicable, the Secretary shall—
(A) notify a person against whom an action under this subsection
is planned;
(B) give the person an opportunity to present that person’s views;
and
(C) give the person a reasonable opportunity to comply.
(3) The failure of the Secretary to comply with paragraph (2) of this sub-
section does not prevent a court from granting appropriate relief.
(d) VENUE AND SERVICE.—A civil action under this section may be
brought in the judicial district in which the violation occurred or the defend-
ant is found, resides, or does business. Process in the action may be served
in any other judicial district in which the defendant resides or is found. A
subpena for a witness in the action may be served in any judicial district.
§ 32309. Criminal penalty for labeling violations
(a) DEFINITIONS.—The definitions in section 32304 of this title apply to
this section.
(b) PENALTIES.—A manufacturer of a passenger motor vehicle distrib-
uted in commerce for sale in the United States that willfully fails to attach
the label required under section 32304 of this title to a new passenger
motor vehicle that the manufacturer manufactures or imports, or a dealer
that fails to maintain that label as required under section 32304, is liable
to the United States Government for a civil penalty of not more than
$1,000 for each violation. Each failure to attach or maintain that label for
each vehicle is a separate violation.
CHAPTER 325—BUMPER STANDARDS
Sec.
32501.
Purpose.
32502.
Bumper standards.
32503.
Judicial review of bumper standards.
32504.
Certificates of compliance.
32505.
Information and compliance requirements.
32506.
Prohibited acts.
32507.
Penalties and enforcement.
32508.
Civil actions by owners of passenger motor vehicles.
32509.
Information and assistance from other departments, agencies, and instrumentalities.
32510.
Annual report.
362
32511.
Relationship to other motor vehicle standards.
§ 32501. Purpose
The purpose of this chapter is to reduce economic loss resulting from
damage to passenger motor vehicles involved in motor vehicle accidents by
providing for the maintenance and enforcement of bumper standards.
§ 32502. Bumper standards
(a) GENERAL REQUIREMENTS AND NONAPPLICATION.—The Secretary of
Transportation shall prescribe by regulation bumper standards for pas-
senger motor vehicles and may prescribe by regulation bumper standards for
passenger motor vehicle equipment manufactured in, or imported into, the
United States. A standard does not apply to a passenger motor vehicle or
passenger motor vehicle equipment—
(1) intended only for export;
(2) labeled for export on the vehicle or equipment and the outside
of any container of the vehicle or equipment; and
(3) exported.
(b) LIMITATIONS.—A standard under this section—
(1) may not conflict with a motor vehicle safety standard prescribed
under chapter 301 of this title;
(2) may not specify a dollar amount for the cost of repairing damage
to a passenger motor vehicle; and
(3) to the greatest practicable extent, may not preclude the attach-
ment of a detachable hitch.
(c) EXEMPTIONS.—For good cause, the Secretary may exempt from any
part of a standard—
(1) a multipurpose passenger vehicle; or
(2) a make, model, or class of a passenger motor vehicle manufac-
tured for a special use, if the standard would interfere unreasonably
with the special use of the vehicle.
(d) COST
REDUCTION
AND
CONSIDERATIONS.—When prescribing a
standard under this section, the Secretary shall design the standard to ob-
tain the maximum feasible reduction of costs to the public, considering—
(1) the costs and benefits of carrying out the standard;
(2) the effect of the standard on insurance costs and legal fees and
costs;
(3) savings in consumer time and inconvenience; and
(4) health and safety, including emission standards.
(e) PROCEDURES.—Section 553 of title 5 applies to a standard prescribed
under this section. However, the Secretary shall give an interested person
an opportunity to make oral and written presentations of information, views,
and arguments. A transcript of each oral presentation shall be kept. Under
363
conditions prescribed by the Secretary, the Secretary may conduct a hearing
to resolve an issue of fact material to a standard.
(f) EFFECTIVE DATE.—The Secretary shall prescribe an effective date for
a standard under this section. That date may not be earlier than the date
the standard is prescribed nor later than 18 months after the date the
standard is prescribed. However, the Secretary may prescribe a later date
when the Secretary submits to Congress and publishes the reasons for the
later date. A standard only applies to a passenger motor vehicle or pas-
senger motor vehicle equipment manufactured on or after the effective date.
(g) RESEARCH.—The Secretary shall conduct research necessary to carry
out this chapter.
§ 32503. Judicial review of bumper standards
(a) FILING AND VENUE.—A person that may be adversely affected by a
standard prescribed under section 32502 of this title may apply for review
of the standard by filing a petition for review in the United States Court
of Appeals for the District of Columbia Circuit or in the court of appeals
of the United States for the circuit in which the person resides or has its
principal place of business. The petition must be filed not later than 59 days
after the standard is prescribed.
(b) NOTIFYING SECRETARY.—The clerk of the court shall send imme-
diately a copy of the petition to the Secretary of Transportation. The Sec-
retary shall file with the court a record of the proceeding in which the
standard was prescribed.
(c) ADDITIONAL PROCEEDINGS.—(1) On request of the petitioner, the
court may order the Secretary to receive additional evidence and evidence
in rebuttal if the court is satisfied the additional evidence is material and
there were reasonable grounds for not presenting the evidence in the pro-
ceeding before the Secretary.
(2) The Secretary may modify findings of fact or make new findings be-
cause of the additional evidence presented. The Secretary shall file a modi-
fied or new finding, a recommendation to modify or set aside a standard,
and the additional evidence with the court.
(d) SUPREME COURT REVIEW AND ADDITIONAL REMEDIES.—A judg-
ment of a court under this section may be reviewed only by the Supreme
Court under section 1254 of title 28. A remedy under this section is in addi-
tion to any other remedies provided by law.
§ 32504. Certificates of compliance
Under regulations prescribed by the Secretary of Transportation, a manu-
facturer or distributor of a passenger motor vehicle or passenger motor vehi-
cle equipment subject to a standard prescribed under section 32502 this
364
title shall give the distributor or dealer at the time of delivery a certificate
that the vehicle or equipment complies with the standard.
§ 32505. Information and compliance requirements
(a) GENERAL AUTHORITY.—(1) To enable the Secretary of Transpor-
tation to decide whether a manufacturer of passenger motor vehicles or pas-
senger motor vehicle equipment is complying with this chapter and stand-
ards prescribed under this chapter, the Secretary may require the manufac-
turer to—
(A) keep records;
(B) make reports;
(C) provide items and information, including vehicles and equipment
for testing at a negotiated price not more than the manufacturer’s cost;
and
(D) allow an officer or employee designated by the Secretary to in-
spect vehicles and relevant records of the manufacturer.
(2) To enforce this chapter, an officer or employee designated by the Sec-
retary, on presenting appropriate credentials and a written notice to the
owner, operator, or agent in charge, may inspect a facility in which pas-
senger motor vehicles or passenger motor vehicle equipment is manufac-
tured, held for introduction in interstate commerce, or held for sale after
introduction in interstate commerce. An inspection shall be conducted at a
reasonable time, in a reasonable way, and with reasonable promptness.
(b) POWERS OF SECRETARY AND CIVIL ACTIONS TO ENFORCE.—(1) In
carrying out this chapter, the Secretary may—
(A) inspect and copy records of any person at reasonable times;
(B) order a person to file written reports or answers to specific ques-
tions, including reports or answers under oath; and
(C) conduct hearings, administer oaths, take testimony, and require
(by subpena or otherwise) the appearance and testimony of witnesses
and the production of records the Secretary considers advisable.
(2) A witness summoned under this subsection is entitled to the same fee
and mileage the witness would have been paid in a court of the United
States.
(3) A civil action to enforce a subpena or order of the Secretary under
this subsection may be brought in the United States district court for the
judicial district in which the proceeding by the Secretary was conducted.
The court may punish a failure to obey an order of the court to comply
with the subpena or order of the Secretary as a contempt of court.
(c) CONFIDENTIALITY OF INFORMATION.—(1) Information obtained by
the Secretary under this chapter related to a confidential matter referred
to in section 1905 of title 18 may be disclosed only—
365
(A) to another officer or employee of the United States Government
for use in carrying out this chapter; or
(B) in a proceeding under this chapter.
(2) This subsection does not authorize information to be withheld from
a committee of Congress authorized to have the information.
(3) Subject to paragraph (1) of this subsection, the Secretary, on request,
shall make available to the public at cost information the Secretary submits
or receives in carrying out this chapter.
§ 32506. Prohibited acts
(a) GENERAL.—Except as provided in this section, a person may not—
(1) manufacture for sale, sell, offer for sale, introduce or deliver for
introduction in interstate commerce, or import into the United States,
a passenger motor vehicle or passenger motor vehicle equipment manu-
factured on or after the date an applicable standard under section
32502 of this title takes effect, unless it conforms to the standard;
(2) fail to comply with an applicable regulation prescribed by the
Secretary of Transportation under this chapter;
(3) fail to keep records, refuse access to or copying of records, fail
to make reports or provide items or information, or fail or refuse to
allow entry or inspection, as required by this chapter or a regulation
prescribed under this chapter; or
(4) fail to provide the certificate required by section 32504 of this
title, or provide a certificate that the person knows, or in the exercise
of reasonable care has reason to know, is false or misleading in a mate-
rial respect.
(b) NONAPPLICATION.—Subsection (a)(1) of this section does not apply
to—
(1) the sale, offer for sale, or introduction or delivery for introduc-
tion in interstate commerce of a passenger motor vehicle or passenger
motor vehicle equipment after the first purchase of the vehicle or equip-
ment in good faith other than for resale (but this clause does not pro-
hibit a standard from requiring that a vehicle or equipment be manu-
factured to comply with the standard over a specified period of oper-
ation or use); or
(2) a person—
(A) establishing that the person had no reason to know, by exer-
cising reasonable care, that the vehicle or equipment does not com-
ply with the standard; or
(B) holding, without knowing about a noncompliance and before
that first purchase, a certificate issued under section 32504 of this
366
title stating that the vehicle or equipment complies with the stand-
ard.
(c) IMPORTING NONCOMPLYING VEHICLES AND EQUIPMENT.—(1) The
Secretaries of Transportation and the Treasury may prescribe joint regula-
tions authorizing a passenger motor vehicle or passenger motor vehicle
equipment not complying with a standard prescribed under section 32502
of this title to be imported into the United States subject to conditions (in-
cluding providing a bond) the Secretaries consider appropriate to ensure
that the vehicle or equipment will—
(A) comply, after importation, with the standards prescribed under
section 32502 of this title;
(B) be exported; or
(C) be abandoned to the United States Government.
(2) The Secretaries may prescribe joint regulations that allow a passenger
motor vehicle or passenger motor vehicle equipment to be imported into the
United States after the first purchase in good faith other than for resale.
(d) LIABILITY UNDER OTHER LAW.—Compliance with a standard under
this chapter does not exempt a person from liability provided by law.
§ 32507. Penalties and enforcement
(a) CIVIL PENALTY.—(1) A person that violates section 32506(a) of this
title is liable to the United States Government for a civil penalty of not
more than $1,000 for each violation. A separate violation occurs for each
passenger motor vehicle or item of passenger motor vehicle equipment in-
volved in a violation of section 32506(a)(1) or (4) of this title—
(A) that does not comply with a standard prescribed under section
32502 of this title; or
(B) for which a certificate is not provided, or for which a false or
misleading certificate is provided, under section 32504 of this title.
(2) The maximum civil penalty under this subsection for a related series
of violations is $800,000.
(3) The Secretary of Transportation imposes a civil penalty under this
subsection. The Attorney General or the Secretary, with the concurrence of
the Attorney General, shall bring a civil action in a United States district
court to collect the penalty.
(b) CRIMINAL PENALTY.—A person knowingly and willfully violating sec-
tion 32506(a)(1) of this title after receiving a notice of noncompliance from
the Secretary shall be fined under title 18, imprisoned for not more than
one year, or both. If the person is a corporation, the penalties of this sub-
section also apply to a director, officer, or individual agent of the corpora-
tion who, with knowledge of the Secretary’s notice, knowingly and willfully
authorizes, orders, or performs an act that is any part of the violation.
367
(c) CIVIL ACTIONS TO ENFORCE.—(1) The Secretary or the Attorney
General may bring a civil action in a United States district court to enjoin
a violation of this chapter or the sale, offer for sale, introduction or delivery
for introduction in interstate commerce, or importation into the United
States, of a passenger motor vehicle or passenger motor vehicle equipment
that is found, before the first purchase in good faith other than for resale,
not to comply with a standard prescribed under section 32502 of this title.
(2) When practicable, the Secretary shall—
(A) notify a person against whom an action under this subsection
is planned;
(B) give the person an opportunity to present that person’s views;
and
(C) except for a knowing and willful violation, give the person a rea-
sonable opportunity to comply.
(3) The failure of the Secretary to comply with paragraph (2) of this sub-
section does not prevent a court from granting appropriate relief.
(d) JURY TRIAL DEMAND.—In a trial for criminal contempt for violating
an injunction or restraining order issued under subsection (c) of this sec-
tion, the violation of which is also a violation of this chapter, the defendant
may demand a jury trial. The defendant shall be tried as provided in rule
42(b) of the Federal Rules of Criminal Procedure (18 App. U.S.C.).
(e) VENUE.—A civil action under subsection (a) or (c) of this section may
be brought in the judicial district in which the violation occurred or the de-
fendant is found, resides, or does business. Process in the action may be
served in any other judicial district in which the defendant resides or is
found. A subpena for a witness in the action may be served in any judicial
district.
§ 32508. Civil actions by owners of passenger motor vehicles
When an owner of a passenger motor vehicle sustains damages as a result
of a motor vehicle accident because the vehicle did not comply with a stand-
ard prescribed under section 32502 of this title, the owner may bring a civil
action against the manufacturer to recover the damages. The action may
be brought in the United States District Court for the District of Columbia
or in the United States district court for the judicial district in which the
owner resides. The action must be brought not later than 3 years after the
date of the accident. The court shall award costs and a reasonable attor-
ney’s fee to the owner when a judgment is entered for the owner.
§ 32509. Information and assistance from other depart-
ments, agencies, and instrumentalities
(a) GENERAL AUTHORITY.—The Secretary of Transportation may re-
quest information necessary to carry out this chapter from a department,
368
agency, or instrumentality of the United States Government. The head of
the department, agency, or instrumentality shall provide the information.
(b) DETAILING PERSONNEL.—The head of a department, agency, or in-
strumentality may detail, on a reimbursable basis, personnel to assist the
Secretary in carrying out this chapter.
§ 32510. Annual report
Not later than March 31 of each year, the Secretary of Transportation
shall submit to Congress and the President a report on the progress in car-
rying out section 32501 of this title. The report shall include—
(1) a statement of the cost savings resulting from carrying out this
chapter; and
(2) recommendations for legislative or other action the Secretary de-
cides may be appropriate.
§ 32511. Relationship to other motor vehicle standards
(a) PREEMPTION.—Except as provided in this section, a State or a politi-
cal subdivision of a State may prescribe or enforce a bumper standard for
a passenger motor vehicle or passenger motor vehicle equipment only if the
standard is identical to a standard prescribed under section 32502 of this
title.
(b) ENFORCEMENT.—This chapter and chapter 301 of this title do not
affect the authority of a State to enforce a bumper standard about an as-
pect of performance of a passenger motor vehicle or passenger motor vehicle
equipment not covered by a standard prescribed under section 32502 of this
title if the State bumper standard—
(1) does not conflict with a standard prescribed under chapter 301
of this title; and
(2) was in effect or prescribed by the State on October 20, 1972.
(c) ADDITIONAL
AND HIGHER STANDARDS
OF PERFORMANCE.—The
United States Government, a State, or a political subdivision of a State may
prescribe a bumper standard for a passenger motor vehicle or passenger
motor vehicle equipment obtained for its own use that imposes additional
or higher standards of performance than a standard prescribed under sec-
tion 32502 of this title.
CHAPTER 327—ODOMETERS
Sec.
32701.
Findings and purposes.
32702.
Definitions.
32703.
Preventing tampering.
32704.
Service, repair, and replacement.
32705.
Disclosure requirements on transfer of motor vehicles.
32706.
Inspections, investigations, and records.
32707.
Administrative warrants.
32708.
Confidentiality of information.
32709.
Penalties and enforcement.
32710.
Civil actions by private persons.
369
32711.
Relationship to State law.
§ 32701. Findings and purposes
(a) FINDINGS.—Congress finds that—
(1) buyers of motor vehicles rely heavily on the odometer reading as
an index of the condition and value of a vehicle;
(2) buyers are entitled to rely on the odometer reading as an accu-
rate indication of the mileage of the vehicle;
(3) an accurate indication of the mileage assists a buyer in deciding
on the safety and reliability of the vehicle; and
(4) motor vehicles move in, or affect, interstate and foreign com-
merce.
(b) PURPOSES.—The purposes of this chapter are—
(1) to prohibit tampering with motor vehicle odometers; and
(2) to provide safeguards to protect purchasers in the sale of motor
vehicles with altered or reset odometers.
§ 32702. Definitions
In this chapter—
(1) ‘‘auction company’’ means a person taking possession of a motor
vehicle owned by another to sell at an auction.
(2) ‘‘dealer’’ means a person that sold at least 5 motor vehicles dur-
ing the prior 12 months to buyers that in good faith bought the vehi-
cles other than for resale.
(3) ‘‘distributor’’ means a person that sold at least 5 motor vehicles
during the prior 12 months for resale.
(4) ‘‘leased motor vehicle’’ means a motor vehicle leased to a person
for at least 4 months by a lessor that leased at least 5 vehicles during
the prior 12 months.
(5) ‘‘odometer’’ means an instrument for measuring and recording
the distance a motor vehicle is driven, but does not include an auxiliary
instrument designed to be reset by the operator of the vehicle to record
mileage of a trip.
(6) ‘‘repair’’ and ‘‘replace’’ mean to restore to a sound working con-
dition by replacing any part of an odometer or by correcting any inop-
erative part of an odometer.
(7) ‘‘title’’ means the certificate of title or other document issued by
the State indicating ownership.
(8) ‘‘transfer’’ means to change ownership by sale, gift, or other
means.
§ 32703. Preventing tampering
A person may not—
370
(1) advertise for sale, sell, use, install, or have installed, a device that
makes an odometer of a motor vehicle register a mileage different from
the mileage the vehicle was driven, as registered by the odometer within
the designed tolerance of the manufacturer of the odometer;
(2) disconnect, reset, alter, or have disconnected, reset, or altered,
an odometer of a motor vehicle intending to change the mileage reg-
istered by the odometer;
(3) with intent to defraud, operate a motor vehicle on a public street,
road, or highway if the person knows that the odometer of the vehicle
is disconnected or not operating; or
(4) conspire to violate this section or section 32704 or 32705 of this
title.
§ 32704. Service, repair, and replacement
(a) ADJUSTING MILEAGE.—A person may service, repair, or replace an
odometer of a motor vehicle if the mileage registered by the odometer re-
mains the same as before the service, repair, or replacement. If the mileage
cannot remain the same—
(1) the person shall adjust the odometer to read zero; and
(2) the owner of the vehicle or agent of the owner shall attach a
written notice to the left door frame of the vehicle specifying the mile-
age before the service, repair, or replacement and the date of the serv-
ice, repair, or replacement.
(b) REMOVING OR ALTERING NOTICE.—A person may not, with intent to
defraud, remove or alter a notice attached to a motor vehicle as required
by this section.
§ 32705. Disclosure requirements on transfer of motor vehi-
cles
(a) WRITTEN DISCLOSURE REQUIREMENTS.—(1) Under regulations pre-
scribed by the Secretary of Transportation, a person transferring ownership
of a motor vehicle shall give the transferee a written disclosure—
(A) of the cumulative mileage registered by the odometer; or
(B) that the mileage is unknown if the transferor knows that the
mileage registered by the odometer is incorrect.
(2) A person making a written disclosure required by a regulation pre-
scribed under paragraph (1) of this subsection may not make a false state-
ment in the disclosure.
(3) A person acquiring a motor vehicle for resale may accept a disclosure
under this section only if it is complete.
(4) The regulations prescribed by the Secretary shall provide the way in
which information is disclosed and retained under this section.
371
(b) MILEAGE STATEMENT REQUIREMENT FOR LICENSING.—(1) A motor
vehicle the ownership of which is transferred may not be licensed for use
in a State unless the transferee, in submitting an application to a State for
the title on which the license will be issued, includes with the application
the transferor’s title and, if that title contains the space referred to in para-
graph (3)(A)(iii) of this subsection, a statement, signed and dated by the
transferor, of the mileage disclosure required under subsection (a) of this
section. This paragraph does not apply to a transfer of ownership of a
motor vehicle that has not been licensed before the transfer.
(2)(A) Under regulations prescribed by the Secretary, if the title to a
motor vehicle issued to a transferor by a State is in the possession of a
lienholder when the transferor transfers ownership of the vehicle, the trans-
feror may use a written power of attorney (if allowed by State law) in mak-
ing the mileage disclosure required under subsection (a) of this section. Reg-
ulations prescribed under this paragraph—
(i) shall prescribe the form of the power of attorney;
(ii) shall provide that the form be printed by means of a secure
printing process (or other secure process);
(iii) shall provide that the State issue the form to the transferee;
(iv) shall provide that the person exercising the power of attorney
retain a copy and submit the original to the State with a copy of the
title showing the restatement of the mileage;
(v) may require that the State retain the power of attorney and the
copy of the title for an appropriate period or that the State adopt alter-
native measures consistent with section 32701(b) of this title, after
considering the costs to the State;
(vi) shall ensure that the mileage at the time of transfer be disclosed
on the power of attorney document;
(vii) shall ensure that the mileage be restated exactly by the person
exercising the power of attorney in the space referred to in paragraph
(3)(A)(iii) of this subsection;
(viii) may not require that a motor vehicle be titled in the State in
which the power of attorney was issued;
(ix) shall consider the need to facilitate normal commercial trans-
actions in the sale or exchange of motor vehicles; and
(x) shall provide other conditions the Secretary considers appro-
priate.
(B) Section 32709(a) and (b) applies to a person granting or granted a
power of attorney under this paragraph.
372
(3)(A) A motor vehicle the ownership of which is transferred may be li-
censed for use in a State only if the title issued by the State to the trans-
feree—
(i) is produced by means of a secure printing process (or other se-
cure process);
(ii) indicates the mileage disclosure required to be made under sub-
section (a) of this section; and
(iii) contains a space for the transferee to disclose the mileage at the
time of a future transfer and to sign and date the disclosure.
(B) Subparagraph (A) of this paragraph does not require a State to ver-
ify, or preclude a State from verifying, the mileage information contained
in the title.
(c) LEASED MOTOR VEHICLES.—(1) For a leased motor vehicle, the reg-
ulations prescribed under subsection (a) of this section shall require written
disclosure about mileage to be made by the lessee to the lessor when the
lessor transfers ownership of that vehicle.
(2) Under those regulations, the lessor shall provide written notice to the
lessee of—
(A) the mileage disclosure requirements of subsection (a) of this sec-
tion; and
(B) the penalties for failure to comply with those requirements.
(3) The lessor shall retain the disclosures made by a lessee under para-
graph (1) of this subsection for at least 4 years following the date the lessor
transfers the leased motor vehicle.
(4) If the lessor transfers ownership of a leased motor vehicle without ob-
taining possession of the vehicle, the lessor, in making the disclosure re-
quired by subsection (a) of this section, may indicate on the title the mile-
age disclosed by the lessee under paragraph (1) of this subsection unless
the lessor has reason to believe that the disclosure by the lessee does not
reflect the actual mileage of the vehicle.
(d) STATE
ALTERNATE
VEHICLE
MILEAGE
DISCLOSURE
REQUIRE-
MENTS.—The requirements of subsections (b) and (c)(1) of this section on
the disclosure of motor vehicle mileage when motor vehicles are transferred
or leased apply in a State unless the State has in effect alternate motor
vehicle mileage disclosure requirements approved by the Secretary. The Sec-
retary shall approve alternate motor vehicle mileage disclosure requirements
submitted by a State unless the Secretary decides that the requirements are
not consistent with the purpose of the disclosure required by subsection (b)
or (c), as the case may be.
373
(e) AUCTION SALES.—If a motor vehicle is sold at an auction, the auction
company conducting the auction shall maintain the following records for at
least 4 years after the date of the sale:
(1) the name of the most recent owner of the motor vehicle (except
the auction company) and the name of the buyer of the motor vehicle.
(2) the vehicle identification number required under chapter 301 or
331 of this title.
(3) the odometer reading on the date the auction company took pos-
session of the motor vehicle.
(f) APPLICATION AND REVISION OF STATE LAW.—(1) Except as provided
in paragraph (2) of this subsection, subsections (b)–(e) of this section apply
to the transfer of a motor vehicle after April 28, 1989.
(2) If a State requests, the Secretary shall assist the State in revising
its laws to comply with subsection (b) of this section. If a State requires
time beyond April 28, 1989, to revise its laws to achieve compliance, the
Secretary, on request of the State, may grant additional time that the Sec-
retary considers reasonable by publishing a notice in the Federal Register.
The notice shall include the reasons for granting the additional time. In
granting additional time, the Secretary shall ensure that the State is mak-
ing reasonable efforts to achieve compliance.
§ 32706. Inspections, investigations, and records
(a) AUTHORITY TO INSPECT
AND INVESTIGATE.—Subject to section
32707 of this title, the Secretary of Transportation may conduct an inspec-
tion or investigation necessary to carry out this chapter or a regulation pre-
scribed or order issued under this chapter. The Secretary shall cooperate
with State and local officials to the greatest extent possible in conducting
an inspection or investigation. The Secretary may give the Attorney General
information about a violation of this chapter or a regulation prescribed or
order issued under this chapter.
(b) ENTRY, INSPECTION, AND IMPOUNDMENT.—(1) In carrying out sub-
section (a) of this section, an officer or employee designated by the Sec-
retary, on display of proper credentials and written notice to the owner, op-
erator, or agent in charge, may—
(A) enter and inspect commercial premises in which a motor vehicle
or motor vehicle equipment is manufactured, held for shipment or sale,
maintained, or repaired;
(B) enter and inspect noncommercial premises in which the Sec-
retary reasonably believes there is a motor vehicle or motor vehicle
equipment that is an object of a violation of this chapter;
(C) inspect that motor vehicle or motor vehicle equipment; and
374
(D) impound for not more than 72 hours for inspection a motor ve-
hicle or motor vehicle equipment that the Secretary reasonably believes
is an object of a violation of this chapter.
(2) An inspection or impoundment under this subsection shall be con-
ducted at a reasonable time, in a reasonable way, and with reasonable
promptness. The written notice may consist of a warrant issued under sec-
tion 32707 of this title.
(c) REASONABLE COMPENSATION.—When the Secretary impounds for in-
spection a motor vehicle (except a vehicle subject to subchapter II of chapter
105 of this title) or motor vehicle equipment under subsection (b)(1)(D) of
this section, the Secretary shall pay reasonable compensation to the owner
of the vehicle or equipment if the inspection or impoundment results in de-
nial of use, or reduction in value, of the vehicle or equipment.
(d) RECORDS AND INFORMATION REQUIREMENTS.—(1) To enable the
Secretary to decide whether a dealer or distributor is complying with this
chapter and regulations prescribed and orders issued under this chapter, the
Secretary may require the dealer or distributor—
(A) to keep records;
(B) to provide information from those records if the Secretary states
the purpose for requiring the information and identifies the information
to the fullest extent practicable; and
(C) to allow an officer or employee designated by the Secretary to
inspect relevant records of the dealer or distributor.
(2) This subsection and subsection (e)(1)(B) of this section do not au-
thorize the Secretary to require a dealer or distributor to provide informa-
tion on a regular periodic basis.
(e) ADMINISTRATIVE AUTHORITY AND CIVIL ACTIONS TO ENFORCE.—
(1) In carrying out this chapter, the Secretary may—
(A) inspect and copy records of any person at reasonable times;
(B) order a person to file written reports or answers to specific ques-
tions, including reports or answers under oath; and
(C) conduct hearings, administer oaths, take testimony, and require
(by subpena or otherwise) the appearance and testimony of witnesses
and the production of records the Secretary considers advisable.
(2) A witness summoned under this subsection is entitled to the same fee
and mileage the witness would have been paid in a court of the United
States.
(3) A civil action to enforce a subpena or order of the Secretary under
this subsection may be brought in the United States district court for the
judicial district in which the proceeding by the Secretary was conducted.
375
The court may punish a failure to obey an order of the court to comply
with the subpena or order of the Secretary as a contempt of court.
(f) PROHIBITIONS.—A person may not fail to keep records, refuse access
to or copying of records, fail to make reports or provide information, fail
to allow entry or inspection, or fail to permit impoundment, as required
under this section.
§ 32707. Administrative warrants
(a) DEFINITION.—In this section, ‘‘probable cause’’ means a valid public
interest in the effective enforcement of this chapter or a regulation pre-
scribed under this chapter sufficient to justify the inspection or impound-
ment in the circumstances stated in an application for a warrant under this
section.
(b) WARRANT REQUIREMENT AND ISSUANCE.—(1) Except as provided in
paragraph (4) of this subsection, an inspection or impoundment under sec-
tion 32706 of this title may be carried out only after a warrant is obtained.
(2) A judge of a court of the United States or a State court of record
or a United States magistrate may issue a warrant for an inspection or im-
poundment under section 32706 of this title within the territorial jurisdic-
tion of the court or magistrate. The warrant must be based on an affidavit
that—
(A) establishes probable cause to issue the warrant; and
(B) is sworn to before the judge or magistrate by an officer or em-
ployee who knows the facts alleged in the affidavit.
(3) The judge or magistrate shall issue the warrant when the judge or
magistrate decides there is a reasonable basis for believing that probable
cause exists to issue the warrant. The warrant must—
(A) identify the premises, property, or motor vehicle to be inspected
and the items or type of property to be impounded;
(B) state the purpose of the inspection, the basis for issuing the war-
rant, and the name of the affiant;
(C) direct an individual authorized under section 32706 of this title
to inspect the premises, property, or vehicle for the purpose stated in
the warrant and, when appropriate, to impound the property specified
in the warrant;
(D) direct that the warrant be served during the hours specified in
the warrant; and
(E) name the judge or magistrate with whom proof of service is to
be filed.
(4) A warrant under this section is not required when—
(A) the owner, operator, or agent in charge of the premises consents;
376
(B) it is reasonable to believe that the mobility of the motor vehicle
to be inspected makes it impractical to obtain a warrant;
(C) an application for a warrant cannot be made because of an emer-
gency;
(D) records are to be inspected and copied under section
32706(e)(1)(A) of this title; or
(E) a warrant is not constitutionally required.
(c) SERVICE AND IMPOUNDMENT OF PROPERTY.—(1) A warrant issued
under this section must be served and proof of service filed not later than
10 days after its issuance date. The judge or magistrate may allow addi-
tional time in the warrant if the Secretary of Transportation demonstrates
a need for additional time. Proof of service must be filed promptly with a
written inventory of the property impounded under the warrant. The inven-
tory shall be made in the presence of the individual serving the warrant and
the individual from whose possession or premises the property was im-
pounded, or if that individual is not present, a credible individual except the
individual making the inventory. The individual serving the warrant shall
verify the inventory. On request, the judge or magistrate shall send a copy
of the inventory to the individual from whose possession or premises the
property was impounded and to the applicant for the warrant.
(2) When property is impounded under a warrant, the individual serving
the warrant shall—
(A) give the person from whose possession or premises the property
was impounded a copy of the warrant and a receipt for the property;
or
(B) leave the copy and receipt at the place from which the property
was impounded.
(3) The judge or magistrate shall file the warrant, proof of service, and
all documents filed about the warrant with the clerk of the United States
district court for the judicial district in which the inspection is made.
§ 32708. Confidentiality of information
(a) GENERAL.—Information obtained by the Secretary of Transportation
under this chapter related to a confidential matter referred to in section
1905 of title 18 may be disclosed only—
(1) to another officer or employee of the United States Government
for use in carrying out this chapter; or
(2) in a proceeding under this chapter.
(b) WITHHOLDING INFORMATION FROM CONGRESS.—This section does
not authorize information to be withheld from a committee of Congress au-
thorized to have the information.
377
§ 32709. Penalties and enforcement
(a) CIVIL PENALTY.—(1) A person that violates this chapter or a regula-
tion prescribed or order issued under this chapter is liable to the United
States Government for a civil penalty of not more than $2,000 for each vio-
lation. A separate violation occurs for each motor vehicle or device involved
in the violation. The maximum penalty under this subsection for a related
series of violations is $100,000.
(2) The Secretary of Transportation shall impose a civil penalty under
this subsection. The Attorney General shall bring a civil action to collect the
penalty. Before referring a penalty claim to the Attorney General, the Sec-
retary may compromise the amount of the penalty. Before compromising the
amount of the penalty, the Secretary shall give the person charged with a
violation an opportunity to establish that the violation did not occur.
(3) In determining the amount of a civil penalty under this subsection,
the Secretary shall consider—
(A) the nature, circumstances, extent, and gravity of the violation;
(B) with respect to the violator, the degree of culpability, any history
of prior violations, the ability to pay, and any effect on the ability to
continue doing business; and
(C) other matters that justice requires.
(b) CRIMINAL PENALTY.—A person that knowingly and willfully violates
this chapter or a regulation prescribed or order issued under this chapter
shall be fined under title 18, imprisoned for not more than 3 years, or both.
If the person is a corporation, the penalties of this subsection also apply
to a director, officer, or individual agent of a corporation who knowingly
and willfully authorizes, orders, or performs an act in violation of this chap-
ter or a regulation prescribed or order issued under this chapter without
regard to penalties imposed on the corporation.
(c) CIVIL ACTIONS BY ATTORNEY GENERAL.—The Attorney General may
bring a civil action to enjoin a violation of this chapter or a regulation pre-
scribed or order issued under this chapter. The action may be brought in
the United States district court for the judicial district in which the viola-
tion occurred or the defendant is found, resides, or does business. Process
in the action may be served in any other judicial district in which the de-
fendant resides or is found. A subpena for a witness in the action may be
served in any judicial district.
(d) CIVIL ACTIONS BY STATES.—(1) When a person violates this chapter
or a regulation prescribed or order issued under this chapter, the chief law
enforcement officer of the State in which the violation occurs may bring a
civil action—
(A) to enjoin the violation; or
378
(B) to recover amounts for which the person is liable under section
32710 of this title for each person on whose behalf the action is
brought.
(2) An action under this subsection may be brought in an appropriate
United States district court or in a State court of competent jurisdiction.
The action must be brought not later than 2 years after the claim accrues.
§ 32710. Civil actions by private persons
(a) VIOLATION AND AMOUNT OF DAMAGES.—A person that violates this
chapter or a regulation prescribed or order issued under this chapter, with
intent to defraud, is liable for 3 times the actual damages or $1,500, which-
ever is greater.
(b) CIVIL ACTIONS.—A person may bring a civil action to enforce a claim
under this section in an appropriate United States district court or in an-
other court of competent jurisdiction. The action must be brought not later
than 2 years after the claim accrues. The court shall award costs and a rea-
sonable attorney’s fee to the person when a judgment is entered for that
person.
§ 32711. Relationship to State law
Except to the extent that State law is inconsistent with this chapter, this
chapter does not—
(1) affect a State law on disconnecting, altering, or tampering with
an odometer with intent to defraud; or
(2) exempt a person from complying with that law.
CHAPTER 329—AUTOMOBILE FUEL ECONOMY
Sec.
32901.
Definitions.
32902.
Average fuel economy standards.
32903.
Credits for exceeding average fuel economy standards.
32904.
Calculation of average fuel economy.
32905.
Manufacturing incentives for alternative fuel automobiles.
32906.
Maximum fuel economy increase for alternative fuel automobiles.
32907.
Reports and tests of manufacturers.
32908.
Fuel economy information.
32909.
Judicial review of regulations.
32910.
Administrative.
32911.
Compliance.
32912.
Civil penalties.
32913.
Compromising and remitting civil penalties.
32914.
Collecting civil penalties.
32915.
Appealing civil penalties.
32916.
Reports to Congress.
32917.
Standards for executive agency automobiles.
32918.
Preemption.
§ 32901. Definitions
(a) GENERAL.—In this chapter—
(1) ‘‘alternative fuel’’ means—
(A) methanol;
(B) denatured ethanol;
379
(C) other alcohols;
(D) except as provided in subsection (b) of this section, a mix-
ture containing at least 85 percent of methanol, denatured etha-
nol, and other alcohols by volume with gasoline or other fuels;
(E) natural gas;
(F) liquefied petroleum gas;
(G) hydrogen;
(H) coal derived liquid fuels;
(I) fuels (except alcohol) derived from biological materials;
(J) electricity (including electricity from solar energy); and
(K) any other fuel the Secretary of Transportation prescribes by
regulation that is not substantially petroleum and that would yield
substantial energy security and environmental benefits.
(2) ‘‘alternative fueled automobile’’ means an automobile that is a—
(A) dedicated automobile; or
(B) dual fueled automobile.
(3) except as provided in section 32908 of this title, ‘‘automobile’’
means a 4-wheeled vehicle that is propelled by fuel, or by alternative
fuel, manufactured primarily for use on public streets, roads, and high-
ways (except a vehicle operated only on a rail line), and rated at—
(A) not more than 6,000 pounds gross vehicle weight; or
(B) more than 6,000, but less than 10,000, pounds gross vehicle
weight, if the Secretary decides by regulation that—
(i) an average fuel economy standard under this chapter
for the vehicle is feasible; and
(ii) an average fuel economy standard under this chapter
for the vehicle will result in significant energy conservation or
the vehicle is substantially used for the same purposes as a
vehicle rated at not more than 6,000 pounds gross vehicle
weight.
(4) ‘‘automobile manufactured by a manufacturer’’ includes every
automobile manufactured by a person that controls, is controlled by, or
is under common control with the manufacturer, but does not include
an automobile manufactured by the person that is exported not later
than 30 days after the end of the model year in which the automobile
is manufactured.
(5) ‘‘average fuel economy’’ means average fuel economy determined
under section 32904 of this title.
(6) ‘‘average fuel economy standard’’ means a performance standard
specifying a minimum level of average fuel economy applicable to a
manufacturer in a model year.
380
(7) ‘‘dedicated automobile’’ means an automobile that operates only
on alternative fuel.
(8) ‘‘dual fueled automobile’’ means an automobile that—
(A) is capable of operating on alternative fuel and on gasoline
or diesel fuel;
(B) provides equal or superior energy efficiency, as calculated
for the applicable model year during fuel economy testing for the
United States Government, when operating on alternative fuel as
when operating on gasoline or diesel fuel;
(C) for model years 1993–1995 for an automobile capable of op-
erating on a mixture of an alternative fuel and gasoline or diesel
fuel and if the Administrator of the Environmental Protection
Agency decides to extend the application of this subclause, for an
additional period ending not later than the end of the last model
year to which section 32905(b) and (d) of this title applies, pro-
vides equal or superior energy efficiency, as calculated for the ap-
plicable model year during fuel economy testing for the Govern-
ment, when operating on a mixture of alternative fuel and gasoline
or diesel fuel containing exactly 50 percent gasoline or diesel fuel
as when operating on gasoline or diesel fuel; and
(D) for a passenger automobile, meets or exceeds the minimum
driving range prescribed under subsection (c) of this section.
(9) ‘‘fuel’’ means—
(A) gasoline;
(B) diesel oil; or
(C) other liquid or gaseous fuel that the Secretary decides by
regulation to include in this definition as consistent with the need
of the United States to conserve energy.
(10) ‘‘fuel economy’’ means the average number of miles traveled by
an automobile for each gallon of gasoline (or equivalent amount of
other fuel) used, as determined by the Administrator under section
32904(c) of this title.
(11) ‘‘import’’ means to import into the customs territory of the
United States.
(12) ‘‘manufacture’’ (except under section 32902(d) of this title)
means to produce or assemble in the customs territory of the United
States or to import.
(13) ‘‘manufacturer’’ means—
(A) a person engaged in the business of manufacturing auto-
mobiles, including a predecessor or successor of the person to the
extent provided under regulations prescribed by the Secretary; and