dreamproit/uscode huggingface dataset:
49 U.S.C. § 31109 (TRANSPORTATION)
§ 31109. Performance and registration information system management
The Secretary of Transportation may make a grant to a State to implement the performance and registration information system management requirements of section 31106(b).
(Added Pub. L. 109–59, title IV, § 4109(b)(1), Aug. 10, 2005, 119 Stat. 1721.)
49 U.S.C. § 31114 (TRANSPORTATION)
§ 31114. Access to the Interstate System
(a) Prohibition on Denying Access.—
A State may not enact or enforce 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 generally 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 government from imposing reasonable restrictions, based on safety considerations, on a truck tractor-semitrailer combination in which the semitrailer has a 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.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 999.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
31114(a)
49 App.:2312(a).
Jan. 6, 1983, Pub. L. 97–424, § 412, 96 Stat. 2160; Oct. 30, 1984, Pub. L. 98–554, §§ 104(c), 106, 98 Stat. 2831, 2832; Dec. 18, 1991, Pub. L. 102–240, § 4006(b)(2), 105 Stat. 2151.
31114(b)
49 App.:2312(b).
In subsection (a), the words “Dwight D. Eisenhower System of Interstate and Defense Highways” are substituted for “Interstate and Defense Highway System” for consistency in the revised chapter.
49 U.S.C. § 31115 (TRANSPORTATION)
§ 31115. Enforcement
On the request of the Secretary of Transportation, the Attorney General shall bring a civil action for appropriate injunctive relief to ensure compliance 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 temporary restraining order or preliminary or permanent injunction. An injunction under this section may order a State or person to comply with this subchapter, subchapter I, or a regulation prescribed under this subchapter or subchapter I.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 999.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
31115
49 App.:2313.
Jan. 6, 1983, Pub. L. 97–424, § 413, 96 Stat. 2160; Oct. 30, 1984, Pub. L. 98–554, § 214, 98 Stat. 2844.
The words “to assure compliance with the terms of this chapter” and “In any action under this section” are omitted as surplus. The last sentence is substituted for 49 App.:2313 (last sentence) for clarity and to eliminate unnecessary words.
49 U.S.C. § 31131 (TRANSPORTATION)
§ 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 measures and strengthened enforcement would reduce the number of fatalities and injuries and the level of property damage related to commercial 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 vehicle operations are conducted safely and healthfully.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 999.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
31131(a)
49 App.:2501.
Oct. 30, 1984, Pub. L. 98–554, §§ 202, 203, 98 Stat. 2832.
31131(b)
49 App.:2502.
In subsection (a)(3), the words “this chapter” are substituted for “this Act” because title II of the Act of October 30, 1984 (Public Law 98–554, 98 Stat. 2832), amended and enacted provisions restated in this chapter.
heading: Exemptions From Requirements of This Subchapter for Certain Farm Vehicles
text: For provisions relating to exemptions from certain requirements of this subchapter with respect to certain farm vehicles and individuals operating those vehicles, see section 32934 of Pub. L. 112–141, set out as a note under section 31136 of this title.
heading: Traffic Law Initiative
text: Pub. L. 106–159, title II, § 220, Dec. 9, 1999, 113 Stat. 1769, provided that:
“(a) In General.—
In cooperation with one or more States, the Secretary may carry out a program to develop innovative methods of improving motor carrier compliance with traffic laws. Such methods may include the use of photography and other imaging technologies.
“(b) Report.—
The Secretary shall transmit to Congress a report on the results of any program conducted under this section, together with any recommendations as the Secretary determines appropriate.”
49 U.S.C. § 31140 (TRANSPORTATION)
[§ 31140. Repealed. Pub. L. 105–178, title IV, § 4008(d), June 9, 1998, 112 Stat. 404]
text: Section, Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1008, related to submission of State laws and regulations for review by Secretary of Transportation and Commercial Motor Vehicle Safety Regulatory Review Panel.
49 U.S.C. § 31143 (TRANSPORTATION)
§ 31143. Investigating complaints and protecting complainants
(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 disclosure.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1012.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
31143(a)
49 App.:2511(a).
Oct. 30, 1984, Pub. L. 98–554, § 212, 98 Stat. 2841.
31143(b)
49 App.:2511(b).
heading: Telephone Hotline for Reporting Safety Violations
text: Pub. L. 105–178, title IV, § 4017, June 9, 1998, 112 Stat. 413, as amended by Pub. L. 106–159, title II, § 213, Dec. 9, 1999, 113 Stat. 1766, provided that:
“(a) In General.—
For a period of not less than 2 years beginning on or before the 90th day following the date of enactment of this Act [June 9, 1998], the Secretary [of Transportation] shall establish, maintain, and promote the use of a nationwide toll-free telephone system to be used by drivers of commercial motor vehicles and others to report potential violations of Federal motor carrier safety regulations.
“(b) Monitoring.—
The Secretary shall monitor reports received by the telephone system and may consider nonfrivolous information provided by such reports in setting priorities for motor carrier safety audits and other enforcement activities.
“(c) Staffing.—
The toll-free telephone system shall be staffed 24 hours a day 7 days a week by individuals knowledgeable about Federal motor carrier safety regulations and procedures.
“(d) Protection of Persons Reporting Violations.—
“(1) Prohibition.—
A person reporting a potential violation to the telephone system while acting in good faith may not be discharged, disciplined, or discriminated against regarding pay, terms, or privileges of employment because of the reporting of such violation.
“(2) Applicability of section 31105 of title 49.—
For purposes of section 31105 of title 49, United States Code, a violation or alleged violation of paragraph (1) shall be treated as a violation of section 31105(a) of such title.
“(e) Funding.—
From amounts set aside under [former] section 104(a)(1)(B) of title 23, United States Code, the Secretary may use not more than $250,000 for fiscal year 1999 and $375,000 for each of fiscal years 2000 through 2003 to carry out this section.”
49 U.S.C. § 31145 (TRANSPORTATION)
§ 31145. Coordination of Governmental activities and paperwork
The Secretary of Transportation shall coordinate the activities of departments, agencies, and instrumentalities of the United States Government to ensure adequate protection of the safety and health of operators of commercial motor vehicles. The Secretary shall attempt to minimize paperwork burdens to ensure maximum coordination and to avoid overlap and the imposition of unreasonable burdens on persons subject to regulations under this subchapter.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1012.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
31145
49 App.:2517(b).
Oct. 30, 1984, Pub. L. 98–554, § 220(b), 98 Stat. 2846.
49 U.S.C. § 31146 (TRANSPORTATION)
§ 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.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1013.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
31146
49 App.:2518.
Oct. 30, 1984, Pub. L. 98–554, § 221, 98 Stat. 2846.
49 U.S.C. § 31147 (TRANSPORTATION)
§ 31147. Limitations on authority
(a) Traffic Regulations.—
This subchapter does not authorize the Secretary of Transportation to prescribe traffic safety regulations or preempt 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.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1013.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
31147(a)
49 App.:2519(a).
Oct. 30, 1984, Pub. L. 98–554, § 229, 98 Stat. 2853.
31147(b)
49 App.:2519(b).
In subsection (a), the word “prescribe” is substituted for “establish or maintain” for consistency in the revised title and with other titles of the United States Code.
49 U.S.C. § 31148 (TRANSPORTATION)
§ 31148. Certified motor carrier safety auditors
(a) In General.—
Not later than 1 year after the date of the enactment of this section, the Secretary of Transportation shall complete a rulemaking to improve training and provide for the certification of motor carrier safety auditors, including private contractors, to conduct safety inspection audits and reviews described in subsection (b).
(b) Certified Inspection Audit Requirement.—
Not later than 1 year after completion of the rulemaking required by subsection (a), any safety inspection audit or review required by, or based on the authority of, this chapter or chapter 5, 313, or 315 of this title and performed after December 31, 2002, shall be conducted by—
(1) a motor carrier safety auditor certified under subsection (a); or
(2) a Federal or State employee who, on the date of the enactment of this section, was qualified to perform such an audit or review.
(c) Extension.—
If the Secretary determines that subsection (b) cannot be implemented within the 1-year period established by that subsection and notifies the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives of the determination and the reasons therefor, the Secretary may extend the deadline for compliance with subsection (b) by not more than 12 months.
(d) Application With Other Authority.—
The Secretary may not delegate the Secretary’s authority to private contractors to issue ratings or operating authority, and nothing in this section authorizes any private contractor to issue ratings or operating authority.
(e) Oversight Responsibility.—
The Secretary shall have authority over any motor carrier safety auditor certified under subsection (a), including the authority to decertify a motor carrier safety auditor.
(Added Pub. L. 106–159, title II, § 211(a), Dec. 9, 1999, 113 Stat. 1765.)
heading: References in Text
text: The date of the enactment of this section, referred to in subsecs. (a) and (b)(2), is the date of enactment of Pub. L. 106–159, which was approved Dec. 9, 1999.
49 U.S.C. § 31150 (TRANSPORTATION)
§ 31150. Safety performance history screening
(a) In General.—
The Secretary of Transportation shall provide persons conducting preemployment screening services for the motor carrier industry electronic access to the following reports contained in the Motor Carrier Management Information System:
(1) Commercial motor vehicle accident reports.
(2) Inspection reports that contain no driver-related safety violations.
(3) Serious driver-related safety violation inspection reports.
(b) Conditions on Providing Access.—
Before providing a person access to the Motor Carrier Management Information System under subsection (a), the Secretary shall—
(1) ensure that any information that is released to such person will be in accordance with the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) and all other applicable Federal law;
(2) ensure that such person will not conduct a screening without the operator-applicant’s written consent;
(3) ensure that any information that is released to such person will not be released to any person or entity, other than the motor carrier requesting the screening services or the operator-applicant, unless expressly authorized or required by law; and
(4) provide a procedure for the operator-applicant to correct inaccurate information in the System in a timely manner.
(c) Design.—
The process for providing access to the Motor Carrier Management Information System under subsection (a) shall be designed to assist the motor carrier industry in assessing an individual operator’s crash and serious safety violation inspection history as a preemployment condition. Use of the process shall not be mandatory and may only be used during the preemployment assessment of an operator-applicant.
(d) Serious Driver-Related Safety Violation Defined.—
In this section, the term “serious driver-related violation” means a violation by an operator of a commercial motor vehicle that the Secretary determines will result in the operator being prohibited from continuing to operate a commercial motor vehicle until the violation is corrected.
(Added Pub. L. 109–59, title IV, § 4117(a), Aug. 10, 2005, 119 Stat. 1728.)
heading: References in Text
text: The Fair Credit Reporting Act, referred to in subsec. (b)(1), is title VI of Pub. L. 90–321, as added by Pub. L. 91–508, title VI, § 601, Oct. 26, 1970, 84 Stat. 1127, as amended, which is classified generally to subchapter III (§ 1681 et seq.) of chapter 41 of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 15 and Tables.
49 U.S.C. § 31161 (TRANSPORTATION)
§ 31161. International cooperation
The Secretary of Transportation is authorized to use funds made available by section 31104(i) to participate and cooperate in international activities to enhance motor carrier, commercial motor vehicle, driver, and highway safety by such means as exchanging information, conducting research, and examining needs, best practices, and new technology.
(Added Pub. L. 109–59, title IV, § 4119(a), Aug. 10, 2005, 119 Stat. 1733.)
heading: Prior Provisions
text: Prior sections 31161 and 31162 were repealed by Pub. L. 105–178, title IV, § 4010, June 9, 1998, 112 Stat. 407.
Section 31161, Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1013, related to procedures to ensure timely correction of safety violations.
Section 31162, Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1014, related to compliance review priority.
49 U.S.C. § 31302 (TRANSPORTATION)
§ 31302. Commercial driver’s license requirement
No individual shall operate a commercial motor vehicle without a valid commercial driver’s license issued in accordance with section 31308. An individual operating a commercial motor vehicle may have only one driver’s license at any time and may have only one learner’s permit at any time.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1015; Pub. L. 105–178, title IV, § 4011(b)(1), June 9, 1998, 112 Stat. 407; Pub. L. 109–59, title IV, § 4122(1), Aug. 10, 2005, 119 Stat. 1734.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
31302
49 App.:2701.
Oct. 27, 1986, Pub. L. 99–570, § 12002, 100 Stat. 3207–170.
The words “Effective July 1, 1987” are omitted as executed. The words after “issued a driver’s license” are omitted as expired.
heading: Amendments
text: 2005—Pub. L. 109–59 inserted “and may have only one learner’s permit at any time” before period at end.
1998—Pub. L. 105–178 amended section catchline and text generally. Prior to amendment, text read as follows: “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.”
49 U.S.C. § 31303 (TRANSPORTATION)
§ 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 subsection 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 period, 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 subsection, an individual applying for employment as an operator of a commercial 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 period for which notice of previous employment must be given under paragraph (1) of this subsection. However, the period may not be less than the 10-year period ending on the date of the application.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1016.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
31303
49 App.:2702.
Oct. 27, 1986, Pub. L. 99–570, § 12003, 100 Stat. 3207–171.
In this section, the words “Effective July 1, 1987” are omitted as executed.
In subsection (c)(1), the words “operates a commercial motor vehicle and” and “with an employer” are omitted as surplus.
49 U.S.C. § 31307 (TRANSPORTATION)
§ 31307. Minimum training requirements for operators of longer combination vehicles
(a) Definition.—
In this section, “longer combination vehicle” means a vehicle consisting of a truck tractor and more than one trailer or semitrailer that operates on the Dwight D. Eisenhower System of Interstate and Defense Highways with a gross vehicle weight of more than 80,000 pounds.
(b) Requirements.—
The Secretary shall maintain regulations establishing minimum training requirements for operators of longer combination vehicles. The training shall include certification of an operator’s proficiency by an instructor who has met the requirements established by the Secretary.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1020; Pub. L. 112–141, div. C, title II, § 32931(c), July 6, 2012, 126 Stat. 829.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
31307(a)
49 App.:2302 (note).
Dec. 18, 1991, Pub. L. 102–240, § 4007(f), 105 Stat. 2153.
31307(b)
49 App.:2302 (note).
Dec. 18, 1991, Pub. L. 102–240, § 4007(b), 105 Stat. 2152.
In subsection (a), the words “a vehicle consisting” are substituted for “any combination” for clarity. The words “Dwight D. Eisenhower System of Interstate and Defense Highways” are substituted for “National System of Interstate and Defense Highways” because of the Act of October 15, 1990 (Public Law 101–427, 104 Stat. 927).
In subsection (b), the words “Not later than 60 days after the date of the enactment of this Act, the Secretary shall initiate a rulemaking proceeding” are omitted as executed.
heading: Amendments
text: 2012—Subsec. (b). Pub. L. 112–141, which directed substitution of “The Secretary shall maintain” for “Not later than December 18, 1994, the Secretary shall prescribe”, was executed by making the substitution for “Not later than December 18, 1994, the Secretary of Transportation shall prescribe”, to reflect the probable intent of Congress.
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.