dreamproit/uscode huggingface dataset:
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: Editorial Notes
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.
heading: Statutory Notes and Related Subsidiaries
heading: Inspector Standards
text: Pub. L. 114–94, div. A, title V, § 5205, Dec. 4, 2015, 129 Stat. 1537, provided that: “Not later than 90 days after the date of enactment of this Act [Dec. 4, 2015], the Administrator of the Federal Motor Carrier Safety Administration shall revise the regulations under part 385 of title 49, Code of Federal Regulations, as necessary, to incorporate by reference the certification standards for roadside inspectors issued by the Commercial Vehicle Safety Alliance.”
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: Editorial Notes
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 31110 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; amended Pub. L. 114–94, div. A, title V, § 5103(c)(3), Dec. 4, 2015, 129 Stat. 1527.)
heading: Editorial Notes
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.
heading: Amendments
text: 2015—Pub. L. 114–94 substituted “section 31110” for “section 31104(i)”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2015 Amendment
text: Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.
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: Editorial Notes
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. § 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 of Transportation 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; Pub. L. 114–94, div. A, title V, § 5508(b)(5), Dec. 4, 2015, 129 Stat. 1554.)
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: Editorial Notes
heading: Amendments
text: 2015—Subsec. (b). Pub. L. 114–94, § 5508(b)(5), amended Pub. L. 112–141, § 32931(c). See 2012 Amendment note below.
2012—Subsec. (b). Pub. L. 112–141, § 32931(c), as amended by Pub. L. 114–94, § 5508(b)(5), substituted “The Secretary of Transportation shall maintain” for “Not later than December 18, 1994, the Secretary of Transportation shall prescribe”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2015 Amendment
text: Pub. L. 114–94, div. A, title V, § 5508(b), Dec. 4, 2015, 129 Stat. 1554, provided that the amendment made by section 5508(b)(5) is effective as of July 6, 2012, and as if included in Pub. L. 112–141 as enacted.
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. § 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: Editorial Notes
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. § 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: Editorial Notes
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: Statutory Notes and Related Subsidiaries
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 1301 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: Editorial Notes
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. § 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: Editorial Notes
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: Editorial Notes
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: Statutory Notes and Related Subsidiaries
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. § 32304B (TRANSPORTATION)
§ 32304B. Child safety
(a) Definitions.—
In this section:
(1) Passenger motor vehicle.—
The term “passenger motor vehicle” has the meaning given that term in section 32101.
(2) Rear-designated seating position.—
The term “rear-designated seating position” means designated seating positions that are rearward of the front seat.
(3) Secretary.—
The term “Secretary” means the Secretary of Transportation.
(b) Rulemaking.—
Not later than 2 years after the date of enactment of this section, the Secretary shall issue a final rule requiring all new passenger motor vehicles weighing less than 10,000 pounds gross vehicle weight to be equipped with a system to alert the operator to check rear-designated seating positions after the vehicle engine or motor is deactivated by the operator.
(c) Means.—
The alert required under subsection (b)—
(1) shall include a distinct auditory and visual alert, which may be combined with a haptic alert; and
(2) shall be activated when the vehicle motor is deactivated by the operator.
(d) Phase-in.—
The rule issued pursuant to subsection (b) shall require full compliance with the rule beginning on September 1st of the first calendar year that begins 2 years after the date on which the final rule is issued.
(Added Pub. L. 117–58, div. B, title IV, § 24222(a)(1), Nov. 15, 2021, 135 Stat. 835.)
heading: Editorial Notes
heading: References in Text
text: The date of enactment of this section, referred to in subsec. (b), is the date of enactment of Pub. L. 117–58, which was approved Nov. 15, 2021.
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: Editorial Notes
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.