dreamproit/uscode huggingface dataset:
49 U.S.C. § 31312 (TRANSPORTATION)
§ 31312. Decertification authority
(a) In General.—
If the Secretary of Transportation determines that a State is in substantial noncompliance with this chapter, the Secretary shall issue an order to—
(1) prohibit that State from carrying out licensing procedures under this chapter; and
(2) prohibit that State from issuing any commercial driver’s licenses until such time the Secretary determines such State is in substantial compliance with this chapter.
(b) Effect on Other States.—
A State (other than a State subject to an order under subsection (a)) may issue a non-resident commercial driver’s license to an individual domiciled in a State that is prohibited from such activities under subsection (a) if that individual meets all requirements of this chapter and the nonresident licensing requirements of the issuing State.
(c) Previously Issued Licenses.—
Nothing in this section shall be construed as invalidating or otherwise affecting commercial driver’s licenses issued by a State before the date of issuance of an order under subsection (a) with respect to the State.
(Added Pub. L. 106–159, title II, § 203(a), Dec. 9, 1999, 113 Stat. 1762.)
heading: Prior Provisions
text: A prior section 31312, Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1025, related to grants for testing and ensuring the fitness of operators of commercial motor vehicles, prior to repeal by Pub. L. 105–178, title IV, § 4011(f), June 9, 1998, 112 Stat. 408.
49 U.S.C. § 31316 (TRANSPORTATION)
§ 31316. Limitation on statutory construction
This chapter does not affect the authority of the Secretary of Transportation to regulate commercial motor vehicle safety involving motor vehicles with a gross vehicle weight rating of less than 26,001 pounds or a lesser gross vehicle weight rating the Secretary decides is appropriate under section 31301(4)(A) of this title.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1029.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
31316
49 App.:2714.
Oct. 27, 1986, Pub. L. 99–570, § 12017, 100 Stat. 3207–187.
The words “This chapter does not affect” are substituted for “Nothing in this chapter shall be construed to diminish, limit, or otherwise affect” to eliminate unnecessary words.
49 U.S.C. § 31317 (TRANSPORTATION)
§ 31317. Procedure for prescribing regulations
Regulations prescribed by the Secretary of Transportation to carry out this chapter (except section 31307) shall be prescribed under section 553 of title 5 without regard to sections 556 and 557 of title 5.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1029.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
31317
49 App.:2715.
Oct. 27, 1986, Pub. L. 99–570, § 12018, 100 Stat. 3207–187.
The text of 49 App.:2715(a) is omitted as surplus because of 49:322(a). The words “(except section 31307)” are added because the source provisions restated in this section do not apply to the source provisions restated in section 31307 of the revised title.
49 U.S.C. § 31503 (TRANSPORTATION)
§ 31503. Research, investigation, and testing
(a) General Authority.—
The Secretary of Transportation may investigate and report on the need for regulation by the United States Government of sizes, weight, and combinations of motor vehicles and qualifications and maximum hours of service of employees of a motor carrier subject to subchapter I of chapter 135 of this title and a motor private carrier. The Secretary shall use the services of each department, agency, or instrumentality of the Government and each organization of motor carriers having special knowledge of a matter being investigated.
(b) Use of Services.—
In carrying out this chapter, the Secretary may use the services of a department, agency, or instrumentality of the Government having special knowledge about safety, to conduct scientific and technical research, investigation, and testing when necessary to promote safety of operation and equipment of motor vehicles. The Secretary may reimburse the department, agency, or instrumentality for the services provided.
(Pub. L. 97–449, Jan. 12, 1983, 96 Stat. 2439, § 3103; renumbered § 31503 and amended Pub. L. 103–272, § 1(c), (e), July 5, 1994, 108 Stat. 745, 1030; Pub. L. 104–88, title III, § 308(k)(4), Dec. 29, 1995, 109 Stat. 948.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
3103(a)
49:325.
Feb. 4, 1887, ch. 104, 24 Stat. 379, § 226; added Aug. 9, 1935, ch. 498, 49 Stat. 566; Sept. 18, 1940, ch. 722, § 26(b), 54 Stat. 929.
49:1655(e)(6)(B).
Oct. 15, 1966, Pub. L. 89–670, § 6(e)(6)(B), (C), 80 Stat. 939.
3103(b)
49:304(a)(5).
Feb. 4, 1887, ch. 104, 24 Stat. 379, § 204(a)(5); added Aug. 9, 1935, ch. 498, 49 Stat. 546.
49:1655(e)(6)(C).
In subsection (a), the words “subject to subchapter II of chapter 105 of this title” are added for clarity. The word “services” is substituted for “assistance” for consistency. The words “department, agency, or instrumentality of the United States Government” are substituted for “departments or bureaus of the Government” for consistency.
In subsection (b), the words “In carrying out this chapter” are substituted for “For the purpose of carrying out the provisions pertaining to safety” to eliminate unnecessary words. The words “department . . . or instrumentality” are added for consistency. The word “reimburse” is substituted for “transfer . . . such funds” for consistency. The words “as may be necessary and available to make this provision effective” are omitted as unnecessary because of the restatement.
heading: Amendments
text: 1995—Subsec. (a). Pub. L. 104–88 substituted “subchapter I of chapter 135” for “subchapter II of chapter 105”.
1994—Pub. L. 103–272 renumbered section 3103 of this title as this section and amended it generally, restating it without substantive change.
heading: Effective Date of 1995 Amendment
text: Amendment by Pub. L. 104–88 effective Jan. 1, 1996, see section 2 of Pub. L. 104–88, set out as an Effective Date note under section 701 of this title.
49 U.S.C. § 31504 (TRANSPORTATION)
§ 31504. Identification of motor vehicles
(a) General Authority.—
The Secretary of Transportation may—
(1) issue and require the display of an identification plate on a motor vehicle used in transportation provided by a motor private carrier and a motor carrier of migrant workers subject to section 31502(c) of this title, except a motor contract carrier; and
(2) require each of those motor private carriers and motor carriers of migrant workers to pay the reasonable cost of the plate.
(b) Limitation.—
A motor private carrier or a motor carrier of migrant workers may use an identification plate only as authorized by the Secretary.
(Pub. L. 97–449, Jan. 12, 1983, 96 Stat. 2439, § 3104; renumbered § 31504 and amended Pub. L. 103–272, § 1(c), (e), July 5, 1994, 108 Stat. 745, 1030.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
3104(a)
49:304(a)(3) (last sentence) (related to “Sec. 324”).
Feb. 4, 1887, ch. 104, 24 Stat. 379, § 204(a)(3) (last sentence) (related to “Sec. 224”); added Aug. 9, 1935, ch. 498, 49 Stat. 546.
49:304(a)(3a) (last sentence) (related to “Sec. 324”).
Feb. 4, 1887, ch. 104, 24 Stat. 379, § 204(a)(3a) (last sentence) (related to “Sec. 224”); added Aug. 3, 1956, ch. 905, § 2, 70 Stat. 958.
49:1655(e)(6)(D) (related to “Sec. 324”).
Oct. 15, 1966, Pub. L. 89–670, § 6(e)(6)(D) (related to “Sec. 224”), 80 Stat. 940.
3104(b)
49:304(a)(3) (last sentence) (related to “Sec. 324”).
49:304(a)(3a) (last sentence) (related to “Sec. 324”).
49:l655(e)(6)(D) (related to “Sec. 324”).
The section is included to reflect the text of former 49:324 (related to motor private carriers and motor carriers of migrant workers) which is incorporated in the revised title by cross-reference.
heading: Amendments
text: 1994—Pub. L. 103–272 renumbered section 3104 of this title as this section and amended it generally, restating it without substantive change.
49 U.S.C. § 31702, 31703 (TRANSPORTATION)
[§§ 31702, 31703. Repealed. Pub. L. 105–178, title IV, § 4013, June 9, 1998, 112 Stat. 409]
text: Section 31702, Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1031, related to establishment and purposes of working group of State and local government officials to propose procedures to resolve disputes among States participating in the International Registration Plan and in the International Fuel Tax Agreement.
text: Section 31703, Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1032, related to grants to States and appropriate persons to facilitate participation in the International Registration Plan and in the International Fuel Tax Agreement.
49 U.S.C. § 31704 (TRANSPORTATION)
§ 31704. Vehicle registration
After September 30, 1996, a State that is not participating in the International Registration Plan may not establish, maintain, or enforce a commercial motor vehicle registration law, regulation, or agreement that limits the operation in that State of a commercial motor vehicle that is not registered under the laws of the State, if the vehicle is registered under the laws of a State participating in the Plan.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1032.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
31704
49:11506 (note).
Dec. 18, 1991, Pub. L. 102–240, § 4008(f), 105 Stat. 2154.
The words “a State that is not participating in the International Registration Plan may not” are substituted for “no State (other than a State which is participating in the International Registration Plan) shall” for consistency in the revised title and to eliminate unnecessary words.
49 U.S.C. § 31705 (TRANSPORTATION)
§ 31705. Fuel use tax
(a) Reporting Requirements.—
After September 30, 1996, a State may establish, maintain, or enforce a law or regulation that has a fuel use tax reporting requirement (including any tax reporting form) only if the requirement conforms with the International Fuel Tax Agreement.
(b) Payment.—
After September 30, 1996, a State may establish, maintain, or enforce a law or regulation that provides for the payment of a fuel use tax only if the law or regulation conforms with the International Fuel Tax Agreement as it applies to collection of a fuel use tax by a single base State and proportional sharing of fuel use taxes charged among the States where a commercial motor vehicle is operated.
(c) Limitation.—
If the International Fuel Tax Agreement is amended, a State not participating in the Agreement when the amendment is made is not subject to the conformity requirements of subsections (a) and (b) of this section in regard to the amendment until after a reasonable time, but not earlier than the expiration of—
(1) the 365-day period beginning on the first day that States participating in the Agreement are required to comply with the amendment; or
(2) the 365-day period beginning on the day the relevant office of the State receives written notice of the amendment from the Secretary of Transportation.
(d) Nonapplication.—
This section does not apply to a State that was participating in the Regional Fuel Tax Agreement on January 1, 1991, and that continues to participate in that Agreement after that date.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1032.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
31705
49:11506 (note).
Dec. 18, 1991, Pub. L. 102–240, § 4008(g), 105 Stat. 2154.
In subsection (b), the words “as it applies to” are substituted for “with respect to” for clarity.
In subsection (c), before clause (1), the words “a State not participating in the Agreement when the amendment is made is not subject to the conformity requirements of subsections (a) and (b) of this section in regard to the amendment” are substituted for “conformity by a State that is not participating in such Agreement when such amendment is made may not be required with respect to such amendment” for clarity.
49 U.S.C. § 31706 (TRANSPORTATION)
§ 31706. Enforcement
(a) Civil Actions.—
On request of the Secretary of Transportation, the Attorney General may bring a civil action in a court of competent jurisdiction to enforce compliance with sections 31704 and 31705 of this title.
(b) Venue.—
An action under this section may be brought only in the State in which an order is required to enforce compliance.
(c) Relief.—
Subject to section 1341 of title 28, the court, on a proper showing—
(1) shall issue a temporary restraining order or a preliminary or permanent injunction; and
(2) may require by the injunction that the State or any person comply with sections 31704 and 31705 of this title.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1033.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
31706
49:11506 (note).
Dec. 18, 1991, Pub. L. 102–240, § 4008(h), 105 Stat. 2155.
In subsection (a), the words “bring a civil action . . . to enforce compliance” are substituted for “commence . . . a civil action for such injunctive relief as may be appropriate to ensure compliance” for consistency in the revised title and to eliminate unnecessary words.
In subsection (b), the words “an order is required to enforce compliance” are substituted for “relief is required to ensure such compliance” for consistency in the revised title.
49 U.S.C. § 31707 (TRANSPORTATION)
§ 31707. Limitations on statutory construction
Sections 31704 and 31705 of this title do not limit the amount of money a State may charge for registration of a commercial motor vehicle or the amount of any fuel use tax a State may impose.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1033.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
31707
49:11506 (note).
Dec. 18, 1991, Pub. L. 102–240, § 4008(i), 105 Stat. 2155.
49 U.S.C. § 31708 (TRANSPORTATION)
[§ 31708. Repealed. Pub. L. 105–178, title IV, § 4013, June 9, 1998, 112 Stat. 409]
text: Section, Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1033, related to authorization of appropriations for working group under section 31702 of this title and for grants under section 31703 of this title.
49 U.S.C. § 32102 (TRANSPORTATION)
§ 32102. Authorization of appropriations
There is authorized to be appropriated to the Secretary $9,562,500 for the National Highway Traffic Safety Administration to carry out this part in each fiscal year beginning in fiscal year 1999 and ending in fiscal year 2001.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1035; Pub. L. 105–178, title VII, § 7102(b), June 9, 1998, 112 Stat. 465; Pub. L. 106–39, § 1(b), July 28, 1999, 113 Stat. 206.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
32102
15:1392 (note).
Dec. 18, 1991, Pub. L. 102–240, § 2501(b), 105 Stat. 2081.
The reference to fiscal year 1992 is omitted as obsolete.
heading: Amendments
text: 1999—Pub. L. 106–39 substituted “$9,562,500” for “$6,200,000”.
1998—Pub. L. 105–178 reenacted section catchline without change and amended text generally. Prior to amendment, text read as follows: “The following amounts may be appropriated to the Secretary of Transportation for the National Highway Traffic Safety Administration to carry out this part:
“(1) $6,731,430 for the fiscal year ending September 30, 1993.
“(2) $6,987,224 for the fiscal year ending September 30, 1994.
“(3) $7,252,739 for the fiscal year ending September 30, 1995.”
49 U.S.C. § 32301 (TRANSPORTATION)
§ 32301. Definitions
In this chapter—
(1) “crash avoidance” means preventing or mitigating a crash;
(2) “crashworthiness” means the protection a passenger motor vehicle gives its passengers against personal injury or death from a motor vehicle accident; and
(3) “damage susceptibility” means the susceptibility of a passenger motor vehicle to damage in a motor vehicle accident.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1035; Pub. L. 112–141, div. C, title I, § 31305(a), July 6, 2012, 126 Stat. 765.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
32301
15:1901(13), (14).
Oct. 20, 1972, Pub. L. 92–513, § 2(13), (14), 86 Stat. 948; Dec. 22, 1975, Pub. L. 94–163, § 301, 89 Stat. 901; Oct. 10, 1980, Pub. L. 96–425, § 8(a)(2), 94 Stat. 1828; Oct. 25, 1984, Pub. L. 98–547, § 101(b), 98 Stat. 2767.
heading: Amendments
text: 2012—Pub. L. 112–141 added par. (1), redesignated former pars. (1) and (2) as (2) and (3), respectively, and, in par. (2), substituted “; and” for period at end.
heading: Effective Date of 2012 Amendment
text: Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
49 U.S.C. § 32305 (TRANSPORTATION)
§ 32305. Information and assistance from other departments, agencies, and instrumentalities
(a) Authority To Request.—
The Secretary of Transportation may request information necessary to carry out this chapter from a department, agency, or instrumentality of the United States Government. The head of the department, agency, or instrumentality shall provide the information.
(b) Detailing Personnel.—
The head of a department, agency, or instrumentality may detail, on a reimbursable basis, personnel to assist the Secretary in carrying out this chapter.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1040.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
32305
15:1943.
Oct. 20, 1972, Pub. L. 92–513, § 203, 86 Stat. 957.
In this section, the word “independent” is omitted as surplus.
In subsection (a), the words “he deems” and “his functions under” are omitted as surplus. The words “head of the” are added for consistency in the revised title and with other titles of the United States Code. The words “cooperate with the Secretary and” and “to the Department of Transportation upon request made by the Secretary” are omitted as surplus.
49 U.S.C. § 32306 (TRANSPORTATION)
§ 32306. Personnel
(a) General Authority.—
In carrying out this chapter, the Secretary of Transportation may—
(1) appoint and fix the pay of employees without regard to the provisions of title 5 governing appointment in the competitive service and chapter 51 and subchapter III of chapter 53 of title 5; and
(2) make contracts with persons for research and preparation of reports.
(b) Status of Advisory Committee Members.—
A member of an advisory committee appointed under section 325 of this title to carry out this chapter is a special United States Government employee under chapter 11 of title 18.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1040.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
32306(a)
15:1942 (1st, 2d sentences).
Oct. 20, 1972, Pub. L. 92–513, § 202, 86 Stat. 956.
32306(b)
15:1942 (last sentence).
In subsection (a), before clause (1), the words “his functions under” are omitted as surplus. In clause (1), the words “as he deems necessary” are omitted as surplus. The words “chapter 51 and subchapter III of chapter 53 of title 5” are substituted for “the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates” to eliminate unnecessary words. The text of 15:1942 (1st sentence cl. (2)) is omitted as surplus because of 49:323(b). The text of 15:1942 (1st sentence cl. (4), 2d sentence) is omitted as surplus because of 49:325.
heading: References in Text
text: The provisions of title 5 governing appointment in the competitive service, referred to in subsec. (a)(1), are classified generally to section 3301 et seq. of Title 5, Government Organization and Employees.
49 U.S.C. § 32309 (TRANSPORTATION)
§ 32309. Civil penalty for labeling violations
(a) Definitions.—
The definitions in section 32304 of this title apply to this section.
(b) Penalties.—
A manufacturer of a passenger motor vehicle distributed in commerce for sale in the United States that willfully fails to attach the label required under section 32304 of this title to a new passenger motor vehicle that the manufacturer manufactures or imports, or a dealer that fails to maintain that label as required under section 32304, is liable to the United States Government for a civil penalty of not more than $1,000 for each violation. Each failure to attach or maintain that label for each vehicle is a separate violation.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1042; Pub. L. 103–429, § 6(31), Oct. 31, 1994, 108 Stat. 4380.)
text: Historical and Revision Notes
Pub. L. 103–272
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
32309(a)
(no source).
32309(b)
15:1950(e).
Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, § 210(e); added Oct. 6, 1992, Pub. L. 102–388, § 355, 106 Stat. 1557.
Subsection (a) is added to ensure that the definitions in 15:1950(f), restated in section 32304 of the revised title, apply to the source provision restated in this section.
In subsection (b), the words “Each failure to attach or maintain that label” are substituted for “Such failure” for clarity.
heading: Pub. L. 103–429
text: This amends the catchline for 49:32309 to correct an error in the codification enacted by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 1042).
heading: Amendments
text: 1994—Pub. L. 103–429 substituted “Civil” for “Criminal” in section catchline.
heading: Effective Date of 1994 Amendment
text: Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.
49 U.S.C. § 32501 (TRANSPORTATION)
§ 32501. Purpose
The purpose of this chapter is to reduce economic loss resulting from damage to passenger motor vehicles involved in motor vehicle accidents by providing for the maintenance and enforcement of bumper standards.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1042.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
32501
15:1911.
Oct. 20, 1972, Pub. L. 92–513, § 101, 86 Stat. 948.
The words “The Congress finds that it is necessary” are omitted as surplus. The word “maintenance” is substituted for “promulgation” for clarity.
49 U.S.C. § 32504 (TRANSPORTATION)
§ 32504. Certificates of compliance
Under regulations prescribed by the Secretary of Transportation, a manufacturer or distributor of a passenger motor vehicle or passenger motor vehicle equipment subject to a standard prescribed under section 32502 of this title shall give the distributor or dealer at the time of delivery a certificate that the vehicle or equipment complies with the standard.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1044.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
32504
15:1915(c).
Oct. 20, 1972, Pub. L. 92–513, § 105(c), 86 Stat. 952.
The words “Under regulations prescribed by the Secretary of Transportation” are substituted for 15:1915(c)(1) (last sentence) to eliminate unnecessary words. The text of 15:1915(c)(2) is omitted as surplus because this section only applies to a vehicle or equipment subject to a standard prescribed under section 32502 of the revised title, and a standard prescribed under that section does not apply to a vehicle or equipment intended only for export, labeled for export, and exported.