49 U.s.c. 31136

Sec. 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 commercial 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 vehicles 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

deleterious effect on the physical condition of the operators.

(b) Eliminating and Amending Existing Regulations. - The

Secretary may not eliminate or amend an existing motor carrier

safety regulation related only to the maintenance, equipment,

loading, or operation (including 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.

(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

prescribe 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. -

(1) In general. - After notice and an opportunity for comment,

the Secretary 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 commercial 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 Federal

Register, with the reasons for the waiver.

(2) Commercial motor vehicle safety pilot program. -

(A) In general. - Not later than the 270th day following

November 28, 1995, the Secretary shall implement a commercial

motor vehicle regulatory relief and safety pilot program

(hereinafter in this paragraph referred to as the ''program'')

to grant and to monitor exemptions from the provisions of this

section and sections 504 and 31502. The program shall provide

that the Secretary, within 120 days after receiving an

application for participation in the program from an employer,

shall determine whether to exempt some or all of the eligible

vehicles operated by the applicant, and some or all of the

drivers of such vehicles employed by the applicant, from some

or all of the regulations prescribed under this section and

sections 504 and 31502 -

(i) if the applicant has a satisfactory safety rating

issued by the Secretary or meets criteria established by the

Secretary pursuant to subparagraph (J) instead of such

rating; and

(ii) if the applicant and the Secretary enter into an

agreement that provides that the applicant while

participating in the program -

(I) shall operate safely;

(II) shall provide the Secretary with accident and

nonconfidential insurance-related information relevant to

the safety performance of the applicant and vehicles and

drivers of the applicant subject to the program;

(III) shall use in the program only drivers with good

safety records in the preceding 36 months and who maintain

such good safety records while in the program; and

(IV) shall implement such safety management controls as

the Secretary (in cooperation with the applicant)

determines are necessary to carry out the objectives of

this subsection.

(B) Safety management controls. - Safety management controls

implemented by participants in the program shall be designed to

achieve a level of operational safety equal to or greater than

that resulting from compliance with the regulations prescribed

under this section and sections 504 and 31502.

(C) Paperwork burden to be minimized. - The Secretary shall

ensure that participants in the program are subject to a

minimum of paperwork and regulatory burdens necessary to ensure

compliance with the requirements of the program.

(D) Encouragement of advanced technology. - The Secretary

shall encourage participants in the program to use such

advanced technologies as may be necessary to ensure compliance

with the requirements of the program.

(E) Approval factors. - In approving applicants for

participation in the program, the Secretary shall -

(i) ensure that the participants represent a broad

cross-section of fleet size and drivers of eligible vehicles;

and

(ii) ensure participation by qualified applicants, except

to the extent limited by resources of the Secretary that are

necessary to permit effective monitoring under subparagraph

(G).

(F) Modifications to reflect changes in regulations. - If

there is a material change in the regulations prescribed under

this section or section 504 or 31502, the Secretary shall

require each participant in the program to modify the safety

management controls applicable to such participant, and the

agreement provided for in subparagraph (A)(ii), to the extent

necessary to reflect the material change.

(G) Monitoring. - The Secretary and participants in the

program shall monitor periodically the safety of vehicles and

drivers subject to the program.

(H) Termination of participation. - A participant shall

participate in the program until -

(i) the Secretary finds that -

(I) the participant has exceeded the average ratio of

preventable accidents to vehicle miles traveled for a

period of 12 months for eligible vehicles;

(II) the participant has failed to comply with the

requirements established by the Secretary for participation

in the program (including applicable safety management

controls); or

(III) continued participation in the program is not in

the public interest; or

(ii) the participant voluntarily withdraws from the

program.

(I) Emergencies. - The Secretary may suspend or modify

participation in the program in case of emergency.

(J) Guidelines. -

(i) In general. - Not later than the 270th day following

November 28, 1995, the Secretary, after notice and

opportunity for comment, shall establish criteria and define

any terms necessary for implementing the program consistent

with this section. In establishing the criteria, the

Secretary may consider to what extent and under what

conditions safety management controls may substitute, in

whole or in part, for compliance with some or all of the

regulations prescribed under this section and sections 504

and 31502.

(ii) Limitation. - Notwithstanding clause (i), the program

shall take effect on or before the 270th day following

November 28, 1995. If the rulemaking described in clause (i)

is not completed on or before such 270th day, the Secretary

shall issue interim criteria, consistent with this section,

pending the completion of the rulemaking described in this

subsection.

(K) Eligible vehicles. - For purposes of this subsection, the

term ''eligible vehicle'' means a commercial motor vehicle with

a gross vehicle weight rating of at least 10,001 pounds, but

not more than 26,000 pounds, other than a vehicle -

(i) designed to transport more than 15 passengers,

including the driver; or

(ii) used in transporting material found by the Secretary

to be hazardous under section 5103 and transported in a

quantity requiring placarding under the regulations issued

under such section.

(3) Review of regulations. - Based in part on the information

and experience obtained from the program, the Secretary shall

conduct a zero-based review of the need for, and the costs and

benefits of, all regulations prescribed under this section and

sections 504 and 31502 to determine whether and to what extent

such regulations should apply to eligible vehicles. The review

shall focus on the appropriate level of safety that is in the

public interest and the paperwork and regulatory burdens of such

regulations as the regulations apply to employers and employees

that use such vehicles. The Secretary shall complete the review

by the last day of the 3-year period beginning on November 28,

1995. Upon completion of the review, the Secretary shall, after

notice and an opportunity for public comment, grant such

exemptions or modify or repeal existing regulations to the extent

appropriate.

(f) Limitations on Municipality and Commercial Zone Exemptions

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 vehicle, the person may operate a

commercial motor vehicle entirely in a municipality 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

regulations 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 safety law applicable to intrastate commerce.

Source

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1003; Pub. L.

104-59, title III, Sec. 344, Nov. 28, 1995, 109 Stat. 610; Pub. L.

104-287, Sec. 5(60), Oct. 11, 1996, 110 Stat. 3394.)

Historical and Revision Notes

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Revised Section Source (U.S. Code) Source (Statutes at

Large)

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31136(a) 49 App.:2505(a), Oct. 30, 1984, Pub.

(g). L. 98-554, Sec.

206(a)-(g), 98

Stat. 2834.

31136(b) 49 App.:2505(b).

31136(c) 49 App.:2505(c).

31136(d) 49 App.:2505(d),

(e).

31136(e) 49 App.:2505(f).

31136(f) 49 App.:2505(h). Oct. 30, 1984, Pub.

L. 98-554, Sec.

206(h), 98 Stat.

2835; restated Nov.

18, 1988, Pub. L.

100-690, Sec.

9102(a), 102 Stat.

4528.

-------------------------------

In subsection (a), the text of 49 App.:2505(g) is omitted because

5:ch. 7 applies unless otherwise stated. Before clause (1), the

words ''Not later than 18 months after October 30, 1984'' are

omitted because the time period specified has expired. The words

''Subject to section 30103(a) of this title'' are added to alert

the reader to that section.

In subsection (c)(1), the words ''except that the time periods

specified in this subsection shall apply to the issuance of such

regulations'' are omitted because the time periods referred to do

not appear in subsection (c) as enacted. The reference was

probably to the time periods in a prior version of subsection (c).

See S. 2174, 98th Cong., 2d Sess., Sec. 6(b) (as reported by the

Committee on Commerce, Science, and Transportation of the Senate on

May 2, 1984, in S. Rept. 98-424).

In subsection (d), the text of 49 App.:2505(d) is omitted as

obsolete.

In subsection (f)(2)(C)(i), the words ''an operator'' are

substituted for ''such person'' because only a natural person can

have a medical or physical condition.

AMENDMENTS

1996 - Subsec. (e)(2)(A), (J), (3). Pub. L. 104-287 substituted

''November 28, 1995'' for ''the date of the enactment of this

paragraph''.

1995 - Subsec. (e)(1) to (3). Pub. L. 104-59 designated existing

text as par. (1) and inserted heading, and added pars. (2) and (3).

FEDERAL HIGHWAY ADMINISTRATION RULEMAKING

Pub. L. 104-88, title IV, Sec. 408, Dec. 29, 1995, 109 Stat. 958,

provided that:

''(a) Advance Notice. - The Federal Highway Administration shall

issue an advance notice of proposed rulemaking dealing with a

variety of fatigue-related issues pertaining to commercial motor

vehicle motor vehicle safety (including 8 hours of continuous sleep

after 10 hours of driving, loading and unloading operations,

automated and tamper-proof recording devices, rest and recovery

cycles, fatigue and stress in longer combination vehicles, fitness

for duty, and other appropriate regulatory and enforcement

countermeasures for reducing fatigue-related incidents and

increasing driver alertness) not later than March 1, 1996.

''(b) Rulemaking. - The Federal Highway Administration shall

issue a notice of proposed rulemaking dealing with such issues

within 1 year after issuance of the advance notice under subsection

(a) is published and shall issue a final rule dealing with those

issues within 2 years after the last day of such 1-year period.''

EXEMPTIONS FROM REQUIREMENTS RELATING TO COMMERCIAL MOTOR VEHICLES

AND THEIR OPERATORS

Section 345 of Pub. L. 104-59 provided that:

''(a) Exemptions. -

''(1) Transportation of agricultural commodities and farm

supplies. - Regulations prescribed by the Secretary under

sections 31136 and 31502 of title 49, United States Code,

regarding maximum driving and on-duty time for drivers used by

motor carriers shall not apply to drivers transporting

agricultural commodities or farm supplies for agricultural

purposes in a State if such transportation is limited to an area

within a 100 air mile radius from the source of the commodities

or the distribution point for the farm supplies and is during the

planting and harvesting seasons within such State, as determined

by the State.

''(2) Transportation and operation of ground water well

drilling rigs. - Such regulations shall, in the case of a driver

of a commercial motor vehicle who is used primarily in the

transportation and operation of a ground water well drilling rig,

permit any period of 7 or 8 consecutive days to end with the

beginning of an off-duty period of 24 or more consecutive hours

for the purposes of determining maximum driving and on-duty time.

''(3) Transportation of construction materials and equipment. -

Such regulations shall, in the case of a driver of a commercial

motor vehicle who is used primarily in the transportation of

construction materials and equipment, permit any period of 7 or 8

consecutive days to end with the beginning of an off-duty period

of 24 or more consecutive hours for the purposes of determining

maximum driving and on-duty time.

''(4) Drivers of utility service vehicles. - Such regulations

shall, in the case of a driver of a utility service vehicle,

permit any period of 7 or 8 consecutive days to end with the

beginning of an off-duty period of 24 or more consecutive hours

for the purposes of determining maximum driving and on-duty time.

''(5) Snow and ice removal. - A State may waive the

requirements of chapter 313 of title 49, United States Code, with

respect to a vehicle that is being operated within the boundaries

of an eligible unit of local government by an employee of such

unit for the purpose of removing snow or ice from a roadway by

plowing, sanding, or salting. Such waiver authority shall only

apply in a case where the employee is needed to operate the

vehicle because the employee of the eligible unit of local

government who ordinarily operates the vehicle and who has a

commercial drivers license is unable to operate the vehicle or is

in need of additional assistance due to a snow emergency.

''(b) Preemption. - Nothing contained in this section shall

require the preemption of State laws and regulations concerning the

safe operation of commercial motor vehicles as the result of

exemptions from Federal requirements provided under this section.

''(c) Review by the Secretary. - The Secretary may conduct a

rulemaking proceeding to determine whether granting any exemption

provided by subsection (a) (other than paragraph (2)) is not in the

public interest and would have a significant adverse impact on the

safety of commercial motor vehicles. If, at any time as a result

of such a proceeding, the Secretary determines that granting such

exemption would not be in the public interest and would have a

significant adverse impact on the safety of commercial motor

vehicles, the Secretary may prevent the exemption from going into

effect, modify the exemption, or revoke the exemption. The

Secretary may develop a program to monitor the exemption, including

agreements with carriers to permit the Secretary to examine

insurance information maintained by an insurer on a carrier.

''(d) Report. - The Secretary shall monitor the commercial motor

vehicle safety performance of drivers of vehicles that are subject

to an exemption under this section. If the Secretary determines

that public safety has been adversely affected by an exemption

granted under this section, the Secretary shall report to Congress

on the determination.

''(e) Definitions. - In this section, the following definitions

apply:

''(1) 7 or 8 consecutive days. - The term '7 or 8 consecutive

days' means the period of 7 or 8 consecutive days beginning on

any day at the time designated by the motor carrier for a 24-hour

period.

''(2) 24-hour period. - The term '24-hour period' means any 24

consecutive hour period beginning at the time designated by the

motor carrier for the terminal from which the driver is normally

dispatched.

''(3) Ground water well drilling rig. - The term 'ground water

well drilling rig' means any vehicle, machine, tractor, trailer,

semi-trailer, or specialized mobile equipment propelled or drawn

by mechanical power and used on highways to transport water well

field operating equipment, including water well drilling and pump

service rigs equipped to access ground water.

''(4) Transportation of construction materials and equipment. -

The term 'transportation of construction materials and equipment'

means the transportation of construction and pavement materials,

construction equipment, and construction maintenance vehicles, by

a driver to or from an active construction site (a construction

site between initial mobilization of equipment and materials to

the site to the final completion of the construction project)

within a 50 air mile radius of the normal work reporting location

of the driver. This paragraph does not apply to the

transportation of material found by the Secretary to be hazardous

under section 5103 of title 49, United States Code, in a quantity

requiring placarding under regulations issued to carry out such

section.

''(5) Eligible unit of local government. - The term 'eligible

unit of local government' means a city, town, borough, county,

parish, district, or other public body created by or pursuant to

State law which has a total population of 3,000 individuals or

less.

''(6) Utility service vehicle. - The term 'utility service

vehicle' means any commercial motor vehicle -

''(A) used in the furtherance of repairing, maintaining, or

operating any structures or any other physical facilities

necessary for the delivery of public utility services,

including the furnishing of electric, gas, water, sanitary

sewer, telephone, and television cable or community antenna

service;

''(B) while engaged in any activity necessarily related to

the ultimate delivery of such public utility services to

consumers, including travel or movement to, from, upon, or

between activity sites (including occasional travel or movement

outside the service area necessitated by any utility emergency

as determined by the utility provider); and

''(C) except for any occasional emergency use, operated

primarily within the service area of a utility's subscribers or

consumers, without regard to whether the vehicle is owned,

leased, or rented by the utility.

''(f) Effective Date. - Subsection (a) of this section shall take

effect on the 180th day following the date of the enactment of this

Act (Nov. 28, 1995); except that paragraphs (1) and (2) of

subsection (a) shall take effect on such date of enactment.''

WINTER HOME HEATING OIL DELIVERY STATE FLEXIBILITY PROGRAM

Section 346 of Pub. L. 104-59 provided that:

''(a) In General. - After notice and opportunity for comment, the

Secretary shall develop and implement a pilot program for the

purpose of evaluating waivers of the regulations issued by the

Secretary pursuant to sections 31136 and 31502 of title 49, United

States Code, relating to maximum on-duty time, and sections 31102

and 31104(j) of such title, relating to the Motor Carrier Safety

Assistance Program, to permit any period of 7 or 8 consecutive days

to end with the beginning of an off-duty period of 24 or more

consecutive hours for the purposes of determining maximum on-duty

time for drivers of motor vehicles making intrastate home heating

oil deliveries that occur within 100 air miles of a central

terminal or distribution point of the delivery of such oil. The

Secretary may approve up to 5 States to participate in the pilot

program during the winter heating season in the 6-month period

beginning on November 1, 1996.

''(b) Approval Criteria. - The Secretary shall select States to

participate in the pilot program upon approval of applications

submitted by States to the Secretary. The Secretary shall act on a

State's application within 30 days after the date of its

submission. The Secretary may only approve an application of a

State under this section if the Secretary finds, at a minimum, that

-

''(1) a substantial number of the citizens of the State rely on

home heating oil for heat during winter months;

''(2) current maximum on-duty time regulations may endanger the

welfare of these citizens by impeding timely deliveries of home

heating oil;

''(3) the State will ensure an equal to or greater level of

safety with respect to home heating oil deliveries than the level

of safety resulting from compliance with the regulations referred

to in subsection (a);

''(4) the State will monitor the safety of home heating oil

deliveries while participating in the program;

''(5) employers of deliverers of home heating oil that will be

covered by the program will agree to make all safety data

developed from the pilot program available to the State and to

the Secretary;

''(6) the State will only permit employers of deliverers of

home heating oil with satisfactory safety records to be covered

by the program; and

''(7) the State will comply with such other criteria as the

Secretary determines are necessary to implement the program

consistent with this section.

''(c) Participation in Program. - Upon approval of an application

of a State under this section, the Secretary shall permit the State

to participate in the pilot program for an initial period of 15

days during the winter heating season of the State (as determined

by the Governor and the Secretary). If, after the last day of such

15-day period, the Secretary finds that a State's continued

participation in the program is consistent with this section and

has resulted in no significant adverse impact on public safety and

is in the public interest, the Secretary shall extend the State's

participation in the program for periods of up to 30 additional

days during such heating season.

''(d) Suspension From Program. - The Secretary may suspend a

State's participation in the pilot program at any time if the

Secretary finds -

''(1) that the State has not complied with any of the criteria

for participation in the program under this section;

''(2) that a State's participation in the program has caused a

significant adverse impact on public safety and is not in the

public interest; or

''(3) the existence of an emergency.

''(e) Review by Secretary. - Within 90 days after the completion

of the pilot program, the Secretary shall initiate a rulemaking to

determine, based in part on the results of the program, whether to

-

''(1) permit a State to grant waivers of the regulations

referred to in subsection (a) to motor carriers transporting home

heating oil within the borders of the State, subject to such

conditions as the Secretary may impose, if the Secretary

determines that such waivers by the State meet the conditions in

section 31136(e) of title 49, United States Code; or

''(2) amend the regulations referred to in subsection (a) as

may be necessary to provide flexibility to motor carriers

delivering home heating oil during winter periods of peak demand.

''(f) Definition. - In this section, the term '7 or 8 consecutive

days' has the meaning such term has under section 345 of this Act

(set out above).''

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 31132, 31134, 31140,

31141, 31142, 31146 of this title.