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—