Commercial Motor Vehicle Safety Act of 1986 (CMVSA)

The Commercial Motor Vehicle Safety Act of 1986
Ninety-ninth Congress of the United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twenty-first day of January, one thousand nine hundred and
eighty-six
[INTERVENING TEXT OMITTED]
TITLE XII--COMMERCIAL MOTOR VEHICLE SAFETY ACT OF 1986
SECTION 12001. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This title may be cited as the "Commercial Motor Vehicle
Safety Act of 1986".
(b) Table of Contents.-Sec. 12001. Short title.
Sec. 12002. Limitation on number of driver's licenses.
Sec. 12003. Notification requirements.
Sec. 12004. Employer responsibilities.
Sec. 12005. Testing of operators.
Sec. 12006. Commercial driver's license.
Sec. 12007. Commercial driver's license information system.
Sec. 12008. Federal disqualifications.
Sec. 12009. Requirements for State participation.
Sec. 12010. Grant program.
Sec. 12011. Withholding of highway funds for State noncompliance.
Sec. 12012. Penalties.
Sec. 12013. Waiver authority.
Sec. 12014. Commercial motor vehicle safety grants.
Sec. 12015. Truck brake regulations.
Sec. 12016. Radar demonstration project.
Sec. 12017. Limitation on statutory construction.
Sec. 12018. Regulations.
Sec. 12019. Definitions.
SEC. 12002. LIMITATION ON NUMBER OF DRIVER'S LICENSES.
Effective July 1, 1987, no person who operates a commercial motor vehicle
shall at any time have more than one driver's license, except during the 10day period beginning on the date such person is issued a driver's license and
except whenever a State law enacted on or before June 1, 1986, requires
such person to have more than one driver's license. The second exception in
the preceding sentence shall not be effective after December 31, 1989.

SEC. 12003. NOTIFICATION REQUIREMENTS.
(a) Notification of Violations.-(1) To states.--Effective July 1, 1987, each person who operates a
commercial vehicle, who has a driver's license issued by a State, and who
violates a State or local law relating to motor vehicle traffic control (other
than a parking violation) in any other State shall notify a State official
designated by the State which issued such license of such violation, within
30 days after the date such person is found to have
committed such violation.
(2) To employers.--Effective July 1, 1987, each person who operates a
commercial vehicle, who has a driver's license issued by a State, and who
violates a State or local law relating to motor vehicle traffic control (other
than a parking violation) shall notify his or her employer of such violation,
within 30 days after the date such person is found to have committed such
violation.
(b) Notification of Suspensions.--Effective July 1, 1987, each employee who
has a driver's license suspended, revoked, or cancelled 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 his or her employer of such suspension, revocation, cancellation,
lost right, or disqualification, within 30 days after the date of such
suspension, revocation, cancellation, lost right, or disqualification.
(c) Notification of Previous Employment.-(1) General rule.--Effective July 1, 1987, subject to paragraph (2) of this
subsection, each person who operates a commercial motor vehicle and
applies for employment as an operator of a commercial motor vehicle with
an employer shall notify at the time of such application the employer of his
or her previous employment as an operator of a commercial motor vehicle.
(2) Period of previous employment.--The Secretary shall establish by
regulation the period for which previous employment must be notified under
paragraph (1), except that such period shall not be less than a 10-year period
ending on the date of application for employment.
SEC. 12004. EMPLOYER RESPONSIBILITIES.
Effective July 1, 1987, no employer shall knowingly allow, permit, or
authorize an employee to operate a commercial motor vehicle in the United
States during any period-(1) in which such employee has a driver's license suspended, revoked, or
cancelled by a State, has lost the right to operate a commercial motor
vehicle in a State, or has been disqualified from operating a commercial
motor vehicle; or
(2) in which such employee has more than 1 driver's license, except during
the 10-day period beginning on the date such employee is issued a driver's
license and except whenever a State law enacted on or before June 1, 1986,

requires such employee to have more than one driver's license. The second
exception in paragraph (2) shall not be effective after December 31, 1989.
SEC. 12005. TESTING OF OPERATORS.
(a) Establishment of Minimum Federal Standards.--Not later than July 15,
1988, the Secretary shall issue regulations to establish minimum Federal
standards for testing and ensuring the fitness of persons who operate
commercial motor vehicles. Such regulations-(1) shall establish minimum Federal standards for written tests and driving
tests of persons who operate such vehicles;
(2) shall require a driving test of each person who operates or will operate a
commercial motor vehicle in a vehicle which is representative of the type of
vehicle such person operates or will operate;
(3) shall establish minimum Federal testing standards for operation of
commercial motor vehicles and, if the Secretary considers appropriate to
carry out the objectives of this title, may establish different minimum testing
standards for different classes of commercial motor vehicles;
(4) shall ensure that each person taking such tests has a working knowledge
of (A) regulations pertaining to safe operation of a commercial motor
vehicle issued by the Secretary and contained in title 49 of the Code of
Federal Regulations, and (B) any safety system of such vehicle;
(5) in the case of a person who operates or will operate a commercial motor
vehicle carrying a hazardous material, shall ensure—
(A) that such person is qualified to operate a commercial motor vehicle in
accordance with all regulations pertaining to motor vehicle transportation of
such material issued by the Secretary under the Hazardous Materials
Transportation Act; and
(B) that such person has a working knowledge of-(i) such regulations,
(ii) handling of such material,
(iii) the operation of emergency equipment used in response to emergencies
arising out of the transportation of such material, and
(iv) appropriate response procedures to be followed in such emergencies;
(6) shall establish minimum scores for passing such tests;
(7) shall ensure that each person taking such tests is qualified to operate a
commercial motor vehicle under the regulations issued by the Secretary and
contained in title 49 of the Code of Federal Regulations to the extent such
regulations are applicable to such person; and
(8) may require—
(A) issuance of a certification of fitness to operate a commercial motor
vehicle to each person who passes such tests; and
(B) such person to have a copy of such certification in his or her possession
whenever such person is operating a commercial motor vehicle.
(b) Requirement for Operation of CMV.-(1) General rule.--Except as provided under paragraph (2), no person may

operate a commercial motor vehicle unless such person has taken and passed
a written and driving test to operate such vehicle which meets the minimum
Federal standards established by the Secretary under subsection (a).
(2) Exception.--The Secretary may issue regulations which provide that a
person—
(A) who passes a driving test for operation of a commercial motor vehicle in
accordance with the minimum standards established under subsection (a),
and
(B) who has a driver's license which is not suspended, revoked, or canceled,
may operate such a vehicle for a period not to exceed 90 days.
(3) Effective date.--Paragraph (1) shall take effect on such date as the
Secretary shall establish by regulation. Such date shall be as soon as
practicable after the date of the enactment of this title but not later than
April 1, 1992.
(c) Basic Grant Program.-(1) Eligibility for fiscal years 1987, 1988, and 1989.--The Secretary may
make a grant to a State in any of fiscal years 1987, 1988, and 1989-(A) if the State enters into an agreement with the Secretary to develop a
program for testing and ensuring the fitness of persons who operate
commercial motor vehicles; and
(B) if the State has in effect and enforces in such fiscal year a law which
provides that any person with a blood alcohol concentration of 0.10 percent
or greater when operating a commercial motor vehicle is deemed to be
driving while under the influence of alcohol.
(2) Eligibility after fiscal year 1989.--The Secretary may make a grant to a
State in a fiscal year beginning after September 30, 1989-(A) if the State enters into an agreement with the Secretary-(i) to adopt and administer in such fiscal year a program for testing and
ensuring the fitness of persons who operate commercial motor vehicles in
accordance with all of the minimum Federal standards established by the
Secretary under subsection (a); and
(ii) to require that operators of commercial motor vehicles have passed
written and driving tests which comply with such minimum standards; and
(B) if the State has in effect and enforces in such fiscal year a law which
provides that any person with a blood alcohol concentration of 0.10 percent
or greater when operating a commercial motor vehicle is deemed to be
driving while under the influence of alcohol.
(3) Administration of driving test.--A State-(A) may administer driving tests referred to in paragraph (2) and section
12009(a); or
(B) may enter into an agreement, approved by the Secretary, to administer
such tests with a person (including a department, agency or instrumentality
of a local government) which meets such minimum standards as the
Secretary shall establish by regulation-(i) if the agreement allows the Secretary and the State each to conduct

random examinations, inspections, and audits of such testing without prior
notification; and
(ii) if the State conducts at least annually one onsite inspection of such
testing.
(4) Minimum amount of grant.--The Secretary shall determine the amount of
grants in a fiscal year to be made under this subsection to a State eligible to
receive such grants in the fiscal year; except that-(A) such State shall not be granted less than $100,000 under this subsection
in the fiscal year; and
(B) to the extent that any States are granted more than $100,000 per State
in the fiscal year under this subsection, the Secretary shall ensure that such
States are treated equitably.
(5) Limitation on use of funds.-(A) In fiscal years 1987, 1988, and 1989.--A State receiving a grant under
this subsection in fiscal year 1987, 1988, or 1989 may only use the funds
provided under such grant for developing a program for testing and ensuring
the fitness of persons who operate commercial motor vehicles.
(B) Thereafter.--A State receiving a grant under this subsection in any fiscal
year beginning after September 30, 1989, may only use the funds provided
under such grant for testing operators of commercial motor vehicles.
(6) Development of testing program described.--For purposes of this
subsection and subsection (d), development of a program for testing and
ensuring the fitness of persons who operate commercial motor vehicles
includes but is not limited to studies of the number of vehicles which will
need to be tested under such program in a calendar year, studies of facilities
at which testing of such persons could be conducted, and studies of
additional resources (including personnel) which will be necessary to
conduct such testing.
(7) Funding.--There shall be available to the Secretary to carry out this
subsection $5,000,000 from funds made available to carry out section 404 of
the Surface Transportation Assistance Act of 1982 for each of
fiscal years 1987, 1988, 1989, 1990, and 1991.
(d) Supplemental Grant Program.-(1) Eligibility and purposes.--The Secretary may make in a fiscal year grants
to States eligible to receive grants under subsection (c) in such fiscal year. A
grant made under this subsection in fiscal year 1987, 1988, or 1989 shall be
used for developing a program for testing and ensuring the fitness of persons
who operate commercial motor vehicles. A grant made under this subsection
in any fiscal year beginning after September 30, 1989, shall be used for
testing operators of commercial motor vehicles.
(2) Distribution.--Funds granted under this subsection in a fiscal year
beginning after September 30, 1989, shall be distributed among the States
eligible to receive grants under subsection (c) in such fiscal year on the basis
of the number of written and driving tests administered, and the number of
drivers' licenses for operation of commercial motor vehicles, issued in the

preceding fiscal year.
(3) Funding.--There shall be available to the Secretary to carry out this
subsection-(A) $3,000,000 from funds made available to carry out section 402 of title
23, United States Code, by the National Highway Traffic Safety
Administration for each of fiscal years 1987, and 1988;
(B) $3,000,000 from funds made available to carry out section 404 of the
Surface Transportation Assistance Act of 1982 for each of fiscal years 1989,
1990, and 1991.
(e) Limitations on Grant Programs.-(1) Maintenance of effort.--The Secretary may not make a grant to any State
under this section unless such State agrees that the aggregate expenditure of
funds of the State and political subdivisions thereof, exclusive of Federal
funds, for testing of operators of commercial motor vehicles will be
maintained at a level which does not fall below the average level of such
expenditure for its last two fiscal years preceding the date of the enactment
of this title.
(2) Period of availability.--Funds made available to carry out this subsection
shall remain available for obligation by the State for the fiscal year for which
such funds are made available. Any of such funds not
obligated before the last day of such period shall no longer be available for
obligation by such State and shall be available to the Secretary for carrying
out the purposes of this title. Funds made available pursuant to this section
shall remain available until expended.
(3) Contract authority.--Notwithstanding any other provision of law,
approval by the Secretary of a grant to a State under this section shall be
deemed to be a contractual obligation of the United States for payment of
the amount of the grant.
SEC. 12006. COMMERCIAL DRIVER'S LICENSE.
Not later than July 15, 1988, the Secretary, after consultation with the
States, shall issue regulations establishing minimum uniform standards for
the issuance of commercial drivers' licenses by the States and for information
to be contained on such licenses. Such standards shall, at a minimum,
require
that-(1) each person who is issued a commercial driver's license passes a written
and driving test for the operation of a commercial motor vehicle which
complies with the minimum Federal standards established by the Secretary
under section 12005(a);
(2) the commercial drivers' licenses are, to the maximum extent practicable,
tamper proof; and
(3) each commercial driver's license contain the following information:
(A) the name and address of the person to whom such license is issued and a
physical description of such person;

(B) the social security number or such other number or information as the
Secretary determines appropriate to identify such person;
(C) the class or type of commercial motor vehicle or vehicles which such
person is authorized to operate under such license;
(D) the name of the State which issued such license; and
(E) the dates between which such license is valid.
SEC. 12007. COMMERCIAL DRIVER'S LICENSE INFORMATION
SYSTEM.
(a) Deadline.--Not later than January 1, 1989, the Secretary shall either enter
into an agreement under subsection (b) for operation of, or establish under
subsection (c), an information system which will serve as a clearinghouse
and depository of information pertaining to the licensing and identification of
operators of commercial motor vehicles and the disqualification of such
operators from operating commercial motor vehicles. In carrying out this
section, the Secretary consult the States.
(b) Agreement for Use of Non-Federal System.-(1) Review.--Not later than January 1, 1988, the Secretary shall conduct a
review of information systems utilized by 1 or more States pertaining to the
driving status of operators of motor vehicles and other State-operated
information systems for the purpose of determining whether or not any of
such systems could be utilized to carry out this section.
(2) Agreement.--If the Secretary determines that one of the information
systems reviewed under paragraph (1) could be utilized to carry out this
section and the State or States utilizing such system agree to the use of such
system for carrying out this section, the Secretary may enter into an
agreement with such State or States for the use of such system in
accordance with the provisions of this section and section 12009(c).
(3) Terms of agreement.--Any agreement entered into under this subsection
shall contain such terms and conditions as the Secretary considers necessary
to carry out the objectives of this title.
(c) Establishment.--If the Secretary does not enter into an agreement under
subsection (b), the Secretary shall establish an information system pertaining
to the driving status and licensing of operators of commercial motor vehicles
in accordance with the provisions of this section.
(d) Minimum Information.--The information system under this section shall,
at a minimum, include the following information concerning each operator
of a commercial motor vehicle:
(1) Such information as the Secretary considers appropriate to ensure
identification of such operator.
(2) The name and address of such operator and a physical description of
such operator.
(3) The social security number of such operator or such other number or
information as the Secretary determines appropriate to identify such
operator.

(4) The name of the State which issued the driver's license to such operator.
(5) The dates between which such license is valid.
(6) Whether or not such operator has or has had a driver's license which
authorized such person to operate a commercial motor vehicle suspended,
revoked, or canceled by a State, has lost the right to operate a commercial
motor vehicle in a State for any period, or has been disqualified from
operating a commercial motor vehicle.
(e) Availability of Information.-(1) To state.--Upon request of a State, the Secretary or the operator of the
information system, as the case may be, may make available to such State
information in the information system under this section.
(2) To the employee.--Upon request of an employee, the Secretary or the
operator of the information system, as the case may be, may make available
to such employee information in the information system relating to such
employee.
(3) To employer.--Upon request of an employer or prospective employer of
an employee and after notification of such employee, the Secretary or the
operator of the information system, as the case may be, may make available
to such employer or prospective employer information in the information
system relating to such employee.
(4) To the secretary.--Upon the request of the Secretary, the operator of the
information system shall make available to the Secretary such information
pertaining to the driving status and licensing of operators of commercial
motor vehicles (including the information required by subsection (d)) as the
Secretary may request.
(f) Collection of Fees.--If the Secretary establishes an information system
under this section, the Secretary shall establish a fee system for utilization of
the information system. The amount of fees collected pursuant to this
subsection in any fiscal year shall as nearly as possible equal the costs of
operating the information system in such fiscal year. The Secretary shall
deposit fees collected under this subsection in the Highway Trust Fund
(other than the Mass Transit Account).
(g) Funding.--There shall be available to the Secretary to carry out this
section not to exceed $2,000,000 from funds made available to carry out
section 402 of title 23, United States Code, by the National Highway Safety
Traffic Administration for each of fiscal years 1987, 1988, and 1989. Such
funds shall remain available until expended.
SEC. 12008. FEDERAL DISQUALIFICATIONS.
(a) Drunk Driving; Leaving the Scene of an Accident; Felonies.-(1) First offense.-(A) General rule.--Except as provided in subparagraph (B) and paragraph
(2), the Secretary shall disqualify from operating a commercial motor vehicle
for a period of not less than 1 year each person-(i) who is found to have committed a first violation--

(I) of driving a commercial motor vehicle while under the influence of
alcohol or a controlled substance, or
(II) of leaving the scene of an accident involving a commercial motor vehicle
operated by such person; or
(ii) who uses a commercial motor vehicle in the commission of a felony
(other than a felony described in subsection (b)).
(B) Special rule.--If the vehicle operated or used in connection with the
violation or the commission of the felony referred to in subparagraph (A) is
transporting a hazardous material required by the Secretary to be placarded
under section 105 of the Hazardous Materials Transportation Act (49
U.S.C. App. 1804), the Secretary shall disqualify the person for a period of
not less than 3 years.
(2) Second offense.-(A) General rule.--Subject to subparagraph (B), the Secretary shall
disqualify from operating a commercial motor vehicle for life each person-(i) who is found to have committed more than one violation of driving a
commercial motor vehicle while under the influence of alcohol or a
controlled substance;
(ii) who is found to have committed more than one violation of leaving the
scene of an accident involving a commercial motor vehicle operated by such
person;
(iii) who uses a commercial motor vehicle in the commission of more than
one felony arising out of different criminal episodes; or
(iv)(I) who is found to have committed a violation described in clause (i) or
(ii), and (II) who is found to have committed a violation described in the
other of such clauses or uses a commercial motor vehicle in the commission
of a felony.
(B) Special rule.--The Secretary may issue regulations which establish
guidelines (including conditions) under which a disqualification for life under
subparagraph (A) may be reduced to a period of not less than 10 years.
(b) Controlled Substance Felonies.--The Secretary shall disqualify from
operating a commercial motor vehicle for life each person who uses a
commercial motor vehicle in the commission of a felony involving
manufacturing, distributing, or dispensing a controlled substance, or
possession with intent to manufacture, distribute, or dispense a controlled
substance.
(c) Serious Traffic Violations.-(1) Second violation.--The Secretary shall disqualify from operating a
commercial motor vehicle for a period of not less than 60 days each person
who, in a 3-year period, is found to have committed 2 serious traffic
violations involving a commercial motor vehicle operated by such person.
(2) Third violation.--The Secretary shall disqualify from operating a
commercial motor vehicle for a period of not less than 120 days each person
who, in a 3-year period, is found to have committed 3 serious traffic
violations involving a commercial motor vehicle operated by such person.

(d) Enforcement of Drinking and Driving Regulations.-(1) Out of service.--Not later than 1 year after the date of enactment of this
title, the Secretary, for purposes of enforcing section 392.5 of the Code of
Federal Regulations, shall issue regulations which establish and enforce an
out of service period of 24 hours for any person who violates such section.
(2) Violations of out-of-service orders.--No person shall violate an out-ofservice order issued under paragraph (1) of this subsection.
(3) Reporting requirements.--Not later than 1 year after the date of the
enactment of this title, the Secretary shall issue regulations establishing and
enforcing requirements for reporting of out-of-service
orders issued pursuant to regulations issued under paragraph (1).
Regulations issued under this paragraph shall, at a minimum, require an
operator of a commercial motor vehicle who is issued such an order to
report such issuance to his or her employer and to the State which issued
such operator his or her driver's license.
(e) Limitation on Applicability.-(1) General rule.--Notwithstanding any requirement of subsections (a), (b),
and (c) of this section, the Secretary does not have to disqualify from
operating a commercial motor vehicle any person who has been disqualified
from operating a commercial motor vehicle in accordance with such
requirement by the State which issued the driver's license which authorized
such person to operate such vehicle.
(2) Satisfaction of state disqualification.--For purposes of paragraph (1),
suspension, revocation, or cancellation of a driver's license which authorizes
a person to operate a commercial motor vehicle by a State shall be treated as
disqualification of such person from operating such vehicle.
(f) Blood Alcohol Concentration Level.-(1) Study.-(A) National academy of sciences.--Not later than 30 days after the date of
the enactment of this title, the Secretary shall undertake to enter into
appropriate arrangements with the National Academy of Sciences to
conduct a study of the appropriateness of reducing the blood alcohol
concentration level at or above which a person when operating a commercial
motor vehicle is deemed to be driving while under the influence of alcohol
from 0.10 to 0.04 percent.
(B) Report.--In entering into any arrangements with the National Academy
of Sciences for conducting the study under this subsection, the Secretary
shall request the National Academy of Sciences to submit, not later than 1
year after the date of the enactment of this title, to the Secretary a report on
the results of such study.
(2) Rulemaking.--Not later than 1 year after the date of the enactment of this
title, the Secretary shall commence a rulemaking to determine whether or
not, for purposes of this section and section 12009 of this Act, the blood
alcohol concentration level at or above which a person when operating a
commercial motor vehicle is deemed to be driving while under the influence

of alcohol should be reduced from 0.10 to 0.04 percent (or some other
percentage less than 0.10).
(3) Issuance of rule.--Not later than 2 years after the date of the enactment
of this title, the Secretary shall issue a rule which establishes, for purposes of
this section and section 12009 of this Act, the blood alcohol concentration
level at or above which a person when operating a commercial motor vehicle
shall be deemed to be driving while under the influence of alcohol at 0.10
percent or such lesser percentage as the Secretary determines appropriate.
(4) Failure of the secretary to issue rule.--If the Secretary does not issue a
rule described in paragraph (3) in the 2-year period beginning on the date of
the enactment of this title, for purposes of this section and section 12009 of
this Act, the blood alcohol concentration level at or above which a person
operating a commercial motor vehicle shall be deemed to be driving while
under the influence of alcohol shall be 0.04 percent.
SEC. 12009. REQUIREMENTS FOR STATE PARTICIPATION.
(a) In General.--In order not to have funds withheld under section 12011
from apportionment, each State shall comply with the following
requirements:
(1) Testing program.--The State shall adopt and administer a program for
testing and ensuring the fitness of persons to operate commercial motor
vehicles in accordance with all of the minimum Federal standards
established by the Secretary under section 12005(a).
(2) Test standards.--The State shall not issue a commercial driver's license to
a person unless such person passes a written and driving test for the
operation of a commercial motor vehicle which complies with such minimum
standards.
(3) Driving while under the influence--The State shall have in effect and
enforce a law which provides that any person with a blood alcohol
concentration level at or above the level established by or under section
12008(f) when operating a commercial motor vehicle is deemed to be
driving while under the influence of alcohol.
(4) CDL issuance and information.--The State shall authorize a person to
operate a commercial motor vehicle only by issuance of a commercial
driver's license which contains the information described in section
12006(a)(3).
(5) Advance notification of licensing.--At least 60 days before issuance of a
commercial driver's license or such shorter period as the Secretary may
establish by regulation, the State shall notify the Secretary or the operator of
the information system under section 12007, as the case may be, of the
proposed issuance of such license and such other information as the
Secretary may require to ensure identification of the person applying for
such license.
(6) Information request.--Before issuance of a commercial driver's license to
a person, the State shall request from any other State which has issued a

commercial driver's license to such person all information pertaining to the
driving record of such person.
(7) Notification of licensing.--Within 30 days after issuance of a commercial
driver's license, the State shall notify the Secretary or the operator of the
information system under section 12007, as the case may
be, of the issuance.
(8) Notification of disqualifications.--Within 10 days after disqualification of
the holder of a commercial driver's license from operating a commercial
motor vehicle (or after suspension, revocation, or cancellation of such
license) for a period of 60 days or more, the State shall notify-(A) the Secretary or the operator of the information system under section
12007, as the case may be, and
(B) the State which issued the license, of such disqualification, suspension,
revocation, or cancellation.
(9) Notification of traffic violations.--Within 10 days after a person who
operates a commercial motor vehicle, who has a driver's license issued by
any other State, and who violates a State or local law relating to motor
vehicle traffic control (other than a parking violation) in the State, shall
notify a State official designated by the State which issued such license of
such violation, within 10 days after the date such person is found to have
committed such violation.
(10) Limitation on licensing.--The State shall not issue a commercial driver's
license to a person during a period in which such person is disqualified from
operating a commercial motor vehicle or the driver's
license of such person is suspended, revoked, or canceled.
(11) Return of old licenses.--The State shall not issue a commercial driver's
license to a person who has a commercial driver's license issued by any other
State unless such person first returns the driver's license issued by such other
State.
(12) Domicile requirement.--The State shall issue commercial drivers'
licenses only to those persons who operate or will operate commercial
motor vehicles and are domiciled in the State; except that the State, in
accordance with such regulations as the Secretary shall issue, may issue a
commercial driver's license to a person who operates or will operate a
commercial motor vehicle and who is not domiciled in a State which does
issue commercial drivers' licenses.
(13) Penalty approval.--The State shall impose such penalties as the State
determines appropriate and the Secretary approves for operating a
commercial motor vehicle while not having a commercial driver's license,
while having a driver's license suspended, revoked, or canceled, or while
being disqualified from operating a commercial motor vehicle.
(14) Reciprocity.--The States shall allow any person-(A) who has a commercial driver's license-(i) which is issued by any other State in accordance with the minimum
Federal standards for the issuance of such licenses, and

(ii) which is not suspended, revoked, or cancelled; and
(B) who is not disqualified from operating a commercial motor
vehicle;
to operate a commercial motor vehicle in the State.
(15) First offenses.--The State shall disqualify from operating a
commercial motor vehicle for a period of not less than 1 year each
person-(A) who is found to have committed a first violation-(i) of driving a commercial motor vehicle while under the
influence of alcohol or a controlled substance, or
(ii) of leaving the scene of an accident involving a commercial
motor vehicle operated by such person; or
(B) who uses a commercial motor vehicle in the commission of a
felony (other than a felony described in paragraph (17));
except that if the vehicle being operated or used in connection with such
violation or the commission of such felony is transporting a hazardous
material required by the Secretary to be placarded under section 105 of
the Hazardous Materials Transportation Act (49 U.S.C. App. 1804), the
State shall disqualify such person from operating a commercial motor
vehicle for a period of not less than 3 years.
(16) Second offenses.-(A) General rule.--Subject to subparagraph (B), the State shall
disqualify from operating a commercial motor vehicle for life each
person-(i) who is found to have committed more than one violation of
driving a commercial motor vehicle while under the influence of
alcohol or a controlled substance;
(ii) who is found to have committed more than one violation of
leaving the scene of an accident involving a commercial motor
vehicle operated by such person;
(iii) who uses a commercial motor vehicle in the commission of
more than one felony arising out of different criminal episodes; or
(iv)(I) who is found to have committed a violation described in
clause (i) or (ii), and
(II) who is found to have committed a violation described in the
other of such clauses or uses a commercial motor vehicle in the
commission of a felony.
(B) Special rule.--The State, in accordance with such guidelines
(including conditions) as the Secretary may establish by regulation,
may reduce a disqualification for life in accordance with subparagraph
(A) to a period of not less than 10 years.
(17) Drug offenses.--The State shall disqualify from operating a
commercial motor vehicle for life each person who uses a commercial
motor
vehicle in the commission of a felony involving manufacturing,

distributing, or dispensing a controlled substance, or possession with
intent to manufacture, distribute, or dispense a controlled substance.
(18) Second serious traffic violation.--The State shall disqualify from
operating a commercial motor vehicle for a period of not less than 60
days
each person who, in a 3-year period, is found to have committed 2 serious
traffic violations involving a commercial motor vehicle operated by such
person.
(19) Third serious traffic violation.--The State shall disqualify from
operating a commercial motor vehicle for a period of not less than 120
days each person who, in a 3-year period, is found to have committed 3
serious traffic violations involving a commercial motor vehicle operated
by such person.
(20) National driver register information.--Before issuing a commercial
driver's license to operate a commercial motor vehicle to any person, the
State shall request the Secretary for information from the National Driver
Register established pursuant to the National Driver Register Act of 1982
(23 U.S.C. 401 note) (after such Register is determined by the Secretary
to be operational)-(A) on whether such person has been disqualified from operating a
motor vehicle (other than a commercial motor vehicle);
(B) on whether such person has had a license (other than a license
authorizing such person to operate a commercial motor vehicle)
suspended, revoked, or cancelled for cause in the 3-year period ending
on the date of application for such commercial driver's license; and
(C) on whether such person has been convicted of any of the offenses
specified in section 205(a)(3) of such Act.
The State shall give full weight and consideration to such information in
deciding whether to issue a commercial driver's license to such person.
(21) Out of service regulations.--The State shall adopt and enforce any
regulations issued by the Secretary under section 12008(d)(1).
(b) Satisfaction of State Disqualification Requirement.--A State may satisfy
the requirements of subsection (a) that the State disqualify a person who
operates a commercial motor vehicle if the State suspends, revokes, or
cancels
the driver's license issued to such person in accordance with the
requirements
of such subsection.
(c) Notification.--Not later than 30 days after being notified by a State of
the proposed issuance of a commercial driver's license to any person, the
Secretary or the operator of the information system under section 12007, as
the case may be, shall notify such State of whether or not such person has a
commercial driver's license issued by any other State or has been disqualified
from operating a commercial motor vehicle by any other State or the
Secretary.

SEC. 12010. GRANT PROGRAM.
(a) Establishment.--The Secretary may make a grant to a State in a fiscal
year if the State enters into an agreement with the Secretary to participate
in such fiscal year in the commercial driver's license program established by
this title and the information system required by this title and to comply
with the requirements of section 12009.
(b) Minimum amount of grant.--The Secretary shall determine the amount
of
grants in a fiscal year to be made under this section to a State eligible to
receive such grants in the fiscal year; except that-(1) such State shall not be granted less than $100,000 under this
section in the fiscal year; and
(2) to the extent that any States are granted more than $100,000 per
State in the fiscal year under this section, the Secretary shall ensure
that such States are treated equitably.
(c) Limitation on Use of Funds.--A State receiving a grant under this
section may only use the funds provided under such grant for issuing
commercial driver's licenses and complying with the requirements of section
12009.
(d) Contract Authority.--Notwithstanding any other provision of law,
approval by the Secretary of a grant to a State under this section shall be
deemed to be a contractual obligation of the United States for payment of
the
amount of the grant.
(e) Period of Availability.--Funds made available to carry out this section
shall remain available for obligation by the State for the fiscal year for
which such funds are made available. Any of such funds not obligated before
the last day of such period shall no longer be available to such State and
shall be available to the Secretary for carrying out the purposes of this
title. Funds made available pursuant to this section shall remain available
until expended.
(f) Funding.--There shall be available to the Secretary to carry out this
section $5,000,000 from funds made available to carry out section 404 of
the
Surface Transportation Assistance Act of 1982 for each of fiscal years 1989,
1990, and 1991.
SEC. 12011. WITHHOLDING OF HIGHWAY FUNDS FOR STATE
NONCOMPLIANCE.
(a) First Year.--The Secretary shall withhold 5 percent of the amount
required to be apportioned to any State under each of sections 104(b)(1),
104(b)(2), 104(b)(5), and 104(b)(6) of title 23, United States Code, on the
first day of the fiscal year succeeding the first fiscal year beginning after
September 30, 1992, throughout which the State does not substantially
comply
with any requirement of section 12009(a) of this Act.

(b) After the First Year.--The Secretary shall withhold 10 percent of the
amount required to be apportioned to any State under each of sections
104(b)(1), 104(b)(2), 104(b)(5), and 104(b)(6) of such title on the first day
of each fiscal year after the second fiscal year beginning after September 30,
1992, throughout which the State does not substantially comply with any
requirement of section 12009(a) of this Act.
(c) Period of Availability; Effect of Compliance and Noncompliance.-(1) Funds withheld on or before september 30, 1995.-(A) Period of availability.--Any funds withheld under this section
from apportionment to any State on or before September 30, 1995,
shall
remain available for apportionment to such State as follows:
(i) If such funds would have been apportioned under section
104(b)(5)(B) of such title but for this section, such funds shall
remain available until the end of the second fiscal year following
the fiscal year for which such funds are authorized to be
appropriated.
(ii) If such funds would have been apportioned under section
104(b)(1), 104(b)(2), or 104(b)(6) of such title but for this
section, such funds shall remain available until the end of the
third fiscal year following the fiscal year for which such funds
are authorized to be appropriated.
(B) Funds withheld after september 30, 1965.--No funds withheld
under this subsection from apportionment to any State after September
30, 1995, shall be available for apportionment to such State.
(2) Apportionment of withheld funds after compliance.--If, before the
last day of the period for which funds withheld under this section from
apportionment are to remain available for apportionment to a State under
paragraph (1), the State substantially complies with all of the
requirements of section 12009(a) of this Act for a period of 365 days, the
Secretary shall on the day following the last day of such period apportion
to such State the withheld funds remaining available for apportionment to
such State.
(3) Period of availability of subsequently apportioned funds.--Any funds
apportioned pursuant to paragraph (2) shall remain available for
expenditure until the end of the third fiscal year succeeding the fiscal
year in which such funds are apportioned. Sums not obligated at the end
of
such period shall lapse or, in the case of funds apportioned under section
104(b)(5) of such title, shall lapse and be made available by the
Secretary for projects in accordance with section 118(b) of such title.
(4) Effect of noncompliance.--If, at the end of the period for which
funds withheld under this section from apportionment are available for
apportionment to a State under paragraph (1), the State has not
substantially complied with all of the requirements of section 12009(a) of

this Act for a 365-day period, such funds shall lapse or, in the case of
funds withheld from apportionment under section 104(b)(5) of such title,
such funds shall lapse and be made available by the Secretary for projects
in accordance with section 118(b) of such title.
SEC. 12012. PENALTIES.
(a) Notice of Violation.--Paragraph (1) of section 521(b) of title 49,
United States Code, is amended by inserting "or section 12002, 12003,
12004,
12005(b), or 12008(d)(2) of the Commercial Motor Vehicle Safety Act of
1986"
after "the Motor Carrier Safety Act of 1984" and by striking out "section"
the
second place it appears and inserting in lieu thereof "sections".
(b) Civil Penalties.--Paragraph (2) of such section is amended, by inserting
"(A) In general.--" before "Except as", by inserting "(other than
subparagraph
(B))" before ", except for recordkeeping violations", and by striking out the
last two sentences and inserting in lieu thereof the following:
"(B) Violations pertaining to cdls.--Any person who is determined by the
Secretary, after notice and opportunity for a hearing, to have committed
an act which is a violation of section 12002, 12003, 12004, 12005(b), or
12008(d)(2) of the Commercial Motor Vehicle Safety Act of 1986 shall
be
liable to the United States for a civil penalty not to exceed $2,500 for
each offense.
"(C) Determination of amount.--The amount of any civil penalty, and a
reasonable time for abatement of the violation, shall by written order be
determined by the Secretary, taking into account the nature,
circumstances, extent, and gravity of the violation committed and, with
respect to the violator, the degree of culpability, history of prior
offenses, ability to pay, effect on ability to continue to do business,
and such other matters as justice and public safety may require. In each
case, the assessment shall be calculated to induce further compliance.".
(c) Posting of Notice.--Paragraph (3) of such section is amended by
inserting "or section 12002, 12003, 12004, or 12005(b) of the Commercial
Motor
Vehicle Safety Act of 1986" after "the Motor Carrier Safety Act of 1984".
(d) Out of Service Orders.--Paragraph (5)(A) of such section is amended
by
inserting "or section 12002, 12003, 12004, or 12005(b) of the Commercial
Motor
Vehicle Safety Act of 1986" after "the Motor Carrier Safety Act of 1984"
and
by striking out "section" the second place it appears and inserting in lieu

thereof "sections".
(e) Criminal Penalties.--Paragraph (6) of such section is amended by
inserting "(A) In general.--" before "Any person" and by adding at the end
thereof the following:
"(B) Violations pertaining to cdls.--Any person who knowingly and
willfully violates-"(i) any provision of section 12002, 12003(b), 12003(c), 12004,
12005(b), or 12008(d)(2) of the Commercial Motor Vehicle Safety Act
of
1986 or a regulation issued under such section, or
"(ii) with respect to notification of a serious traffic violation as
defined under section 12019 of such Act, any provision of section
12003(a) of such Act or a regulation issued under such section
12003(a),
shall, upon conviction, be subject for each offense to a fine not to
exceed $5,000 or imprisonment for a term not to exceed 90 days, or
both.".
(f) Conforming Amendments.--(1) Paragraph (2) of such section is
amended by
inserting "Civil Penalty.--" after "(2)", by indenting subparagraph (A), as
designated by subsection (b) of this section, and aligning such subparagraph
with subparagraph (B), as added by such subsection (b).
(2) Paragraph (6) of such section is amended by inserting "Criminal
Penalties.--" after "(6)" and by indenting subparagraph (A), as designated by
subsection (e) of this section, and aligning such subparagraph with
subparagraph (B), as added by such subsection (e).
(g) Technical Amendments.--(1) Paragraph (6) of such section is further
amended by striking out "for a fine" and inserting in lieu thereof "to a fine".
(2) Paragraph (13) of such section is amended by striking out "section 4"
and inserting in lieu thereof "section 204".
SEC. 12013. WAIVER AUTHORITY.
Notwithstanding any other provision of this title, after notice and an
opportunity for comment, the Secretary may waive, in whole or in part,
application of any provision of this title or any regulation issued under this
title with respect to class of persons or class of commercial motor vehicles
if the Secretary determines that such waiver is not contrary to the public
interest and does not diminish the safe operation of commercial motor
vehicles. Any waiver under this section shall be published in the Federal
Register, together with reasons for such waiver.
SEC. 12014. COMMERCIAL MOTOR VEHICLE SAFETY GRANTS.
Section 404 of the Surface Transportation Assistance Act of 1982 (49
U.S.C.
2304) is amended to read as follows:

"Authorizations
"Sec. 404. (a)(1) To carry out the purposes of section 402 of this title,
there is authorized to be appropriated out of the Highway Trust Fund (other
than the Mass Transit Account) $10,000,000 for fiscal year 1984,
$20,000,000
for fiscal year 1985, and $30,000,000 for fiscal year 1986.
"(2) Subject to section 9503(c)(1) of the Internal Revenue Code of 1986,
there shall be available to the Secretary to incur obligations to carry out
section 402 of this title, out of the Highway Trust Fund (other than the Mass
Transit Account), $50,000,000 per fiscal year for each of fiscal years 1987
and 1988 and $60,000,000 per fiscal year for each of fiscal years 1989,
1990,
and 1991.
"(b) Funds authorized to be appropriated, and funds made available, by this
section shall be used to reimburse States pro rata for the Federal share of
the costs incurred.
"(c) Grants made pursuant to the authority of this part shall be for periods
not to exceed one year.
"(d) Notwithstanding any other provision of law, beginning after
September
30, 1986, approval by the Secretary of a grant to a State under section 402
shall be deemed a contractual obligation of the United States for payment of
the Federal share of the costs incurred by such State in development or
implementation or both of programs to enforce commercial motor vehicle
rules,
regulations, standards, and orders.
"(e) Funds authorized to be appropriated, and funds made available, to
carry
out this section shall remain available for obligation by the Secretary for
the fiscal year for which such funds are authorized or made available, as the
case may be, and the three succeeding fiscal years.
"(f) On October 1 of each fiscal year beginning after September 30, 1986,
the Secretary may deduct, from funds made available for such fiscal year by
subsection (a)(2), an amount not to exceed one-half of one percent of the
amount of such funds for administering section 402 of this title in such
fiscal year.".
SEC. 12015. TRUCK BRAKE REGULATIONS.
Not later than the 90th day after the date of the enactment of this title,
the Secretary shall revise the regulations of the Administrator of the Federal
Highway Administration contained in section 393.42(c) of title 49 of the
Code
of Federal Regulations to require trucks and truck tractors manufactured
after

July 24, 1980, to have brakes operating on all wheels. The Secretary may
provide for a delayed effective date (not exceeding 1 year) for trucks and
truck tractors manufactured after July 24, 1980, and before such date of
enactment.
SEC. 12016. RADAR DEMONSTRATION PROJECT.
(a) Project Description.--Notwithstanding any other provision of law, the
Secretary, in cooperation with State and local law enforcement officials,
shall conduct a demonstration project to assess the benefits of continuous
use
of unmanned radar equipment on highway safety on a section of highway
with a
high rate of motor vehicle accidents. Such project shall be conducted in
northern Kentucky on a hilly section of Interstate Route I-75 between Fort
Mitchell and the Brent Spence Bridge over the Ohio River during the 24month
period beginning on the date of the enactment of this title.
(b) Reports.-(1) Interim report.--Not later than 18 months after the date of the
enactment of this title, the Secretary shall transmit to Congress an
interim report on the results of the demonstration project conducted
under
subsection (a), together with any recommendations on whether or not to
extend the duration of such demonstration project and whether or not to
expand the scope of such project.
(2) Final report.--Not later than 60 days after completion of the
demonstration project conducted under subsection (a), the Secretary shall
transmit to Congress a final report on the results of such project,
together with any such recommendations.
SEC. 12017. LIMITATION ON STATUTORY CONSTRUCTION.
Nothing in this title shall be construed to diminish, limit, or otherwise
affect the authority of the Secretary to regulate commercial motor vehicle
safety involving motor vehicles with a gross vehicle weight rating of less
than 26,001 pounds or such lesser gross vehicle weight rating as determined
appropriate by the Secretary under section 12019(6)(A) of this Act.
SEC. 12018. REGULATIONS.
(a) Authority To Issue.--The Secretary may issue such regulations as may
be
necessary to carry out this title.
(b) Compliance With Title 5.--All regulations under this title shall be
issued in accordance with section 553 of title 5, United States Code
(without
regard to sections 556 and 557 of such title).

SEC. 12019. DEFINITIONS.
For purposes of this title-(1) Alcohol.--The term "alcohol" has the meaning the term alcoholic
beverage has under section 158(c) of title 23, United States Code.
(2) Driver's license.--The term "driver's license" means a license
issued by a State to an individual which authorizes the individual to
operate a motor vehicle on highways.
(3) Commerce.--The term "commerce" means-(A) trade, traffic, and transportation within the jurisdiction of
the United States between a place in a State and a place outside of
such State (including a place outside the United States); and
(B) trade, traffic, and transportation in the United States which
affects any trade, traffic, and transportation described in
subparagraph (A).
(4) Commercial driver's license.--The term "commercial driver's license"
means a license issued by a State to an individual which authorizes the
individual to operate a class of commercial motor vehicle.
(5) Motor vehicle.--The term "motor vehicle" means a vehicle, machine,
tractor, trailer, or semitrailer propelled or drawn by mechanical power
used and on highways, except that such term does not include a vehicle,
machine, tractor, trailer, semitrailer operated exclusively on a rail.
(6) Commercial motor vehicle.--The term "commercial motor vehicle"
means
a motor vehicle used in commerce to transport passengers or property-(A) if the vehicle has a gross vehicle weight rating of 26,001 or
more pounds or such a lesser gross vehicle weight rating as the
Secretary determines appropriate by regulation but not less than a
gross vehicle weight rating of 10,001 pounds;
(B) if the vehicle is designed to transport more than 15 passengers,
including the driver; or
(C) if such vehicle is used in the transportation of materials found
by the Secretary to be hazardous for the purposes of the Hazardous
Materials Transportation Act.
A motor vehicle which is used in the transportation of hazardous
materials
and which has a gross vehicle weight rating of less than 26,001 pounds
(or
such gross vehicle weight rating as determined appropriate by the
Secretary under subparagraph (A)) shall not be included as a commercial
motor vehicle pursuant to subparagraph (C) if such hazardous material is
listed as hazardous pursuant to section 306(a) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (42
U.S.C.
9656(a)) and is not otherwise regulated by the Department of
Transportation or if such hazardous material is a consumer commodity or

limited quantity hazardous material as defined under section 171.8 of
title 49 of the Code of Federal Regulations. The Secretary may waive the
application of the preceding sentence to any motor vehicle or class of
motor vehicles if the Secretary determines that such waiver is in the
interest of safety.
(7) Controlled substance.--The term "controlled substance" has the
meaning such term has under section 102 of the Controlled Substances
Act
(21 U.S.C. 802).
(8) Employee.--The term "employee" means an operator of a
commercial
motor vehicle (including an independent contractor while in the course of
operating a commercial motor vehicle) who is employed by an employer.
(9) Employer.--The term "employer" means any person (including the
United States, a State, or a political subdivision of a State) who owns or
leases a commercial motor vehicle or assigns employees to operate such a
vehicle.
(10) Felony.--The term "felony" means an offense under State or Federal
law that is punishable by death or imprisonment for a term exceeding 1
year.
(11) Hazardous material.--The term "hazardous material" has the
meaning
such term has under section 103 of the Hazardous Materials
Transportation
Act.
(12) Serious traffic violation.--The term "serious traffic violation"
means-(A) excessive speeding, as defined by the Secretary by regulation;
(B) reckless driving, as defined under State or local law;
(C) a violation of a State or local law relating to motor vehicle
traffic control (other than a parking violation) arising in connection
with a fatal traffic accident; and
(D) any other similar violation of a State or local law relating to
motor vehicle traffic control (other than a parking violation) which
the Secretary determines by regulation is serious.
(13) Secretary.--The term "Secretary" means the Secretary of
Transportation.
(14) State.--The term "State" means a State of the United States and the
District of Columbia.
(15) United states.--The term "United States" means the 50 States and
the District of Columbia.