49 Usc 31132

Page 427

§ 30505

TITLE 49—TRANSPORTATION

Amendment by Pub. L. 105–102 effective as if included
in the provisions of the Act to which the amendment
relates, see section 3(f) of Pub. L. 105–102, set out as a
note under section 106 of this title.

CHAPTER 311—COMMERCIAL MOTOR
VEHICLE SAFETY

SECTION REFERRED TO IN OTHER SECTIONS

SUBCHAPTER I—STATE GRANTS AND OTHER
COMMERCIAL MOTOR VEHICLE PROGRAMS

This section is referred to in section 30502 of this
title.

§ 30505. Penalties and enforcement
(a) PENALTY.—An individual or entity violating this chapter is liable to the United States
Government for a civil penalty of not more than
$1,000 for each violation.
(b) COLLECTION AND COMPROMISE.—(1) The Attorney General shall impose a civil penalty
under this section. The Attorney General shall
bring a civil action to collect the penalty. The
Attorney General may compromise the amount
of the penalty. In determining the amount of
the penalty or compromise, the Attorney General shall consider the appropriateness of the
penalty to the size of the business of the individual or entity charged and the gravity of the violation.
(2) The Government may deduct the amount of
a civil penalty imposed or compromised under
this section from amounts it owes the individual
or entity liable for the penalty.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 983;
Pub. L. 104–152, § 3(a), July 2, 1996, 110 Stat. 1384.)
HISTORICAL AND REVISION NOTES
Revised
Section
30505 ..........

Source (U.S. Code)
15:2044(c).

Source (Statutes at Large)
Oct. 25, 1992, Pub. L. 102–519,
§ 204(c), 106 Stat. 3393.

In subsection (a), the words ‘‘An individual or entity
violating this chapter is liable to the United States
Government for a civil penalty of’’ are substituted for
‘‘Whoever violates this section may be assessed a civil
penalty of not to exceed’’ for clarity and consistency in
the revised title and with other titles of the United
States Code.
In subsection (b), the words ‘‘individual or entity’’
are substituted for ‘‘person’’ for clarity and consistency
with the source provisions restated in the revised chapter.
In subsection (b)(1), the words ‘‘The Secretary of
Transportation shall impose a civil penalty under this
section. The Attorney General shall bring a civil action
to collect the penalty’’ are substituted for ‘‘Any such
penalty shall be assessed by the Secretary and collected in a civil action brought by the Attorney General of the United States’’ for clarity and consistency
in the revised title and with other titles of the Code.
In subsection (b)(2), the words ‘‘penalty imposed or
compromised’’ are substituted for ‘‘such penalty, finally determined, or the amount agreed upon in compromise’’, and the words ‘‘liable for the penalty’’ are
substituted for ‘‘charged’’, for clarity and consistency
in the revised title and other titles of the Code.
AMENDMENTS
1996—Subsec. (b)(1). Pub. L. 104–152 substituted ‘‘Attorney General shall impose’’ for ‘‘Secretary of Transportation shall impose’’, ‘‘Attorney General may compromise’’ for ‘‘Secretary may compromise’’, and ‘‘Attorney General shall consider’’ for ‘‘Secretary shall
consider’’.

PART B—COMMERCIAL

Sec.

31100.
31101.
31102.
31103.
31104.
31105.
31106.
31107.

Purpose.
Definitions.
Grants to States.
United States Government’s share of costs.
Availability of amounts.
Employee protections.
Information systems.
Contract authority funding for information
systems.
31108.
Authorization of appropriations.
SUBCHAPTER II—LENGTH AND WIDTH
LIMITATIONS

31111.
31112.
31113.
31114.
31115.

Length limitations.
Property-carrying unit limitation.
Width limitations.
Access to the Interstate System.
Enforcement.
SUBCHAPTER III—SAFETY REGULATION

31131.
31132.
31133.
[31134.
31135.
31136.
31137.
31138.
31139.
[31140.
31141.
31142.
31143.
31144.
31145.
31146.
31147.

Purposes and findings.
Definitions.
General powers of the Secretary of Transportation.
Repealed.]
Duties of employers and employees.
United States Government regulations.
Monitoring device and brake maintenance
regulations.
Minimum financial responsibility for transporting passengers.
Minimum financial responsibility for transporting property.
Repealed.]
Review and preemption of State laws and regulations.
Inspection of vehicles.
Investigating complaints and protecting complainants.
Safety fitness of owners and operators.
Coordination of Governmental activities and
paperwork.
Relationship to other laws.
Limitations on authority.
[SUBCHAPTER IV—REPEALED]

[31161, 31162. Repealed.]
AMENDMENTS
1998—Pub. L. 105–178, title IV, §§ 4002(b), 4004(d),
4008(c), (d), 4010, June 9, 1998, 112 Stat. 395, 400, 404, 407,
inserted ‘‘AND OTHER COMMERCIAL MOTOR VEHICLE PROGRAMS’’ after ‘‘GRANTS’’ in subchapter I
heading, added item 31100, substituted ‘‘Information
systems’’ for ‘‘Commercial motor vehicle information
system program’’ in item 31106 and ‘‘Contract authority funding for information systems’’ for ‘‘Truck and
bus accident grant program’’ in item 31107, struck out
items 31134 ‘‘Commercial Motor Vehicle Safety Regulatory Review Panel’’ and 31140 ‘‘Submission of State
laws and regulations for review’’, subchapter IV heading ‘‘MISCELLANEOUS’’, and items 31161 ‘‘Procedures
to ensure timely correction of safety violations’’ and
31162 ‘‘Compliance review priority’’.

SUBCHAPTER
I—STATE
GRANTS
AND
OTHER COMMERCIAL MOTOR VEHICLE
PROGRAMS
AMENDMENTS
1998—Pub. L. 105–178, title IV, § 4004(c), June 9, 1998,
112 Stat. 400, inserted ‘‘AND OTHER COMMERCIAL

§ 31100

TITLE 49—TRANSPORTATION

MOTOR VEHICLE PROGRAMS’’ after ‘‘GRANTS’’ in
subchapter heading.
SUBCHAPTER REFERRED TO IN OTHER SECTIONS
This subchapter is referred to in sections 31114, 31115
of this title.

§ 31100. Purpose
The purpose of this subchapter is to ensure
that the Secretary, States, and other political
jurisdictions work in partnership to establish
programs to improve motor carrier, commercial
motor vehicle, and driver safety to support a
safe and efficient transportation system by—
(1) focusing resources on strategic safety investments to promote safe for-hire and private
transportation, including transportation of
passengers and hazardous materials, to identify high-risk carriers and drivers, and to invest in activities likely to generate maximum
reductions in the number and severity of commercial motor vehicle crashes;
(2) increasing administrative flexibility and
developing and enforcing effective, compatible, and cost-beneficial motor carrier, commercial motor vehicle, and driver safety regulations and practices, including improving enforcement of State and local traffic safety
laws and regulations;
(3) assessing and improving statewide program performance by setting program outcome goals, improving problem identification
and countermeasures planning, designing appropriate performance standards, measures,
and benchmarks, improving performance information and analysis systems, and monitoring program effectiveness;
(4) ensuring that drivers of commercial
motor vehicles and enforcement personnel obtain adequate training in safe operational
practices and regulatory requirements; and
(5) advancing promising technologies and encouraging adoption of safe operational practices.
(Added Pub. L. 105–178, title IV, § 4002(a), June 9,
1998, 112 Stat. 395.)
§ 31101. Definitions

Page 428

(A) directly affects commercial motor vehicle safety in the course of employment by
a commercial motor carrier; and
(B) is not an employee of the United States
Government, a State, or a political subdivision of a State acting in the course of employment.
(3) ‘‘employer’’—
(A) means a person engaged in a business
affecting commerce that owns or leases a
commercial motor vehicle in connection
with that business, or assigns an employee
to operate the vehicle in commerce; but
(B) does not include the Government, a
State, or a political subdivision of a State.
(4) ‘‘State’’ means a State of the United
States, the District of Columbia, Puerto Rico,
the Virgin Islands, American Samoa, Guam,
and the Northern Mariana Islands.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 984;
Pub. L. 105–178, title IV, § 4003(a), June 9, 1998, 112
Stat. 395.)
HISTORICAL AND REVISION NOTES
Revised
Section
31101 ..........

Source (U.S. Code)
49 App.:2301(1),
(3)–(6).
49 App.:2301(2).

Source (Statutes at Large)
Jan. 6, 1983, Pub. L. 97–424,
§ 401(1), (3)–(6), 96 Stat.
2154, 2155.
Jan. 6, 1983, Pub. L. 97–424,
§ 401(2), 96 Stat. 2154; Oct.
30, 1984, Pub. L. 98–554,
§ 228(a), (b), 98 Stat. 2852.

Before clause (1), the words ‘‘unless the context
otherwise requires’’ are omitted as unnecessary. The
text of 49 App.:2301(4) is omitted as unnecessary because of 1:1. The text of 49 App.:2301(5) is omitted as
surplus because the complete name of the Secretary of
Transportation is used the first time the term appears
in a section.
In clause (1), before subclause (A), the words ‘‘(except
in section 31106)’’ are added because the source provisions being restated in section 31106 of the revised title
contain a definition of ‘‘commercial motor vehicle’’.
In clause (4), the words ‘‘the Commonwealth of’’ are
omitted for consistency in the revised title and with
other titles of the United States Code.
AMENDMENTS

In this subchapter—
(1) ‘‘commercial motor vehicle’’ means (except in section 31106) a self-propelled or towed
vehicle used on the highways in commerce
principally to transport passengers or cargo, if
the vehicle—
(A) has a gross vehicle weight rating or
gross vehicle weight of at least 10,001
pounds, whichever is greater;
(B) is designed to transport more than 10
passengers including the driver; or
(C) is used in transporting material found
by the Secretary of Transportation to be
hazardous under section 5103 of this title and
transported in a quantity requiring placarding under regulations prescribed by the Secretary under section 5103.

1998—Par. (1)(A). Pub. L. 105–178, § 4003(a)(1), inserted
‘‘or gross vehicle weight’’ after ‘‘rating’’ and substituted ‘‘10,001 pounds, whichever is greater’’ for
‘‘10,000 pounds’’.
Par. (1)(C). Pub. L. 105–178, § 4003(a)(2), inserted ‘‘and
transported in a quantity requiring placarding under
regulations prescribed by the Secretary under section
5103’’ before period at end.

(2) ‘‘employee’’ means a driver of a commercial motor vehicle (including an independent
contractor when personally operating a commercial motor vehicle), a mechanic, a freight
handler, or an individual not an employer,
who—

(a) GENERAL AUTHORITY.—Subject to this section and the availability of amounts, the Secretary of Transportation may make grants to
States for the development or implementation
of programs for improving motor carrier safety
and the enforcement of regulations, standards,

SAVINGS CLAUSE
Pub. L. 105–178, title IV, § 4003(h), June 9, 1998, 112
Stat. 398, provided that: ‘‘Amendments made by this
section [amending this section and sections 31102 to
31104 of this title] shall not affect any funds made
available before the date of enactment of this Act
[June 9, 1998].’’

§ 31102. Grants to States

Page 429

TITLE 49—TRANSPORTATION

and orders of the United States Government on
commercial motor vehicle safety, hazardous materials transportation safety, and compatible
State regulations, standards, and orders.
(b) STATE PLAN PROCEDURES AND CONTENTS.—
(1) The Secretary shall prescribe procedures for
a State to submit a plan under which the State
agrees to assume responsibility for improving
motor carrier safety and to adopt and enforce
regulations, standards, and orders of the Government on commercial motor vehicle safety,
hazardous materials transportation safety, or
compatible State regulations, standards, and orders. The Secretary shall approve the plan if the
Secretary decides the plan is adequate to promote the objectives of this section and the
plan—
(A) implements performance-based activities
by fiscal year 2000;
(B) designates the State motor vehicle safety agency responsible for administering the
plan throughout the State;
(C) contains satisfactory assurances the
agency has or will have the legal authority,
resources, and qualified personnel necessary to
enforce the regulations, standards, and orders;
(D) contains satisfactory assurances the
State will devote adequate amounts to the administration of the plan and enforcement of
the regulations, standards, and orders;
(E) provides that the total expenditure of
amounts of the State and its political subdivisions (not including amounts of the Government) for commercial motor vehicle safety
programs for enforcement of commercial
motor vehicle size and weight limitations,
drug interdiction, and State traffic safety laws
and regulations under subsection (c) of this
section will be maintained at a level at least
equal to the average level of that expenditure
for its last 3 full fiscal years before December
18, 1991;
(F) provides a right of entry and inspection
to carry out the plan;
(G) provides that all reports required under
this section be submitted to the agency and
that the agency will make the reports available to the Secretary on request;
(H) provides that the agency will adopt the
reporting requirements and use the forms for
recordkeeping, inspections, and investigations
the Secretary prescribes;
(I) requires registrants of commercial motor
vehicles to make a declaration of knowledge
of applicable safety regulations, standards,
and orders of the Government and the State;
(J) provides that the State will grant maximum reciprocity for inspections conducted
under the North American Inspection Standard through the use of a nationally accepted
system that allows ready identification of previously inspected commercial motor vehicles;
(K) ensures that activities described in subsection (c)(1) of this section, if financed with
grants under subsection (a) of this section,
will not diminish the effectiveness of the development and implementation of commercial
motor vehicle safety programs described in
subsection (a);
(L) ensures that the State agency will coordinate the plan, data collection, and informa-

§ 31102

tion systems with State highway safety programs under title 23;
(M) ensures participation in SAFETYNET
and other information systems by all appropriate jurisdictions receiving funding under
this section;
(N) ensures that information is exchanged
among the States in a timely manner;
(O) provides satisfactory assurances that the
State will undertake efforts that will emphasize and improve enforcement of State and
local traffic safety laws and regulations related to commercial motor vehicle safety;
(P) provides satisfactory assurances that the
State will promote activities in support of national priorities and performance goals, including—
(i) activities aimed at removing impaired
commercial motor vehicle drivers from the
highways of the United States through adequate enforcement of regulations on the use
of alcohol and controlled substances and by
ensuring ready roadside access to alcohol detection and measuring equipment;
(ii) activities aimed at providing an appropriate level of training to State motor carrier safety assistance program officers and
employees on recognizing drivers impaired
by alcohol or controlled substances; and
(iii) interdiction activities affecting the
transportation of controlled substances by
commercial motor vehicle drivers and training on appropriate strategies for carrying
out those interdiction activities;
(Q) provides that the State will establish a
program to ensure the proper and timely correction of commercial motor vehicle safety
violations noted during an inspection carried
out with funds authorized under section 31104;
(R) ensures that the State will cooperate in
the enforcement of registration and financial
responsibility requirements under sections
31138 and 31139, or regulations issued thereunder;
(S) ensures consistent, effective, and reasonable sanctions; and
(T) ensures that roadside inspections will be
conducted at a location that is adequate to
protect the safety of drivers and enforcement
personnel.
(2) If the Secretary disapproves a plan under
this subsection, the Secretary shall give the
State a written explanation and allow the State
to modify and resubmit the plan for approval.
(3) In estimating the average level of State expenditure under paragraph (1)(D) 1 of this subsection, the Secretary—
(A) may allow the State to exclude State expenditures for Government-sponsored demonstration or pilot programs; and
(B) shall require the State to exclude Government
amounts
and
State
matching
amounts used to receive Government financing under subsection (a) of this section.
(c) USE OF GRANTS TO ENFORCE OTHER LAWS.—
A State may use amounts received under a grant
under subsection (a) of this section for the following activities if the activities are carried out
1 See

References in Text note below.

§ 31102

TITLE 49—TRANSPORTATION

in conjunction with an appropriate inspection of
the commercial motor vehicle to enforce Government or State commercial motor vehicle
safety regulations:
(1) enforcement of commercial motor vehicle
size and weight limitations at locations other
than fixed weight facilities, at specific locations such as steep grades or mountainous terrains where the weight of a commercial motor
vehicle can significantly affect the safe operation of the vehicle, or at ports where intermodal shipping containers enter and leave the
United States.
(2) detection of the unlawful presence of a
controlled substance (as defined under section
102 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 802)) in
a commercial motor vehicle or on the person
of any occupant (including the operator) of the
vehicle.
(3) enforcement of State traffic laws and regulations designed to promote the safe operation of commercial motor vehicles.
(d) CONTINUOUS EVALUATION OF PLANS.—On the
basis of reports submitted by a State motor vehicle safety agency of a State with a plan approved under this section and the Secretary’s
own investigations, the Secretary shall make a
continuing evaluation of the way the State is
carrying out the plan. If the Secretary finds,
after notice and opportunity for comment, the
State plan previously approved is not being followed or has become inadequate to ensure enforcement of the regulations, standards, or orders, the Secretary shall withdraw approval of
the plan and notify the State. The plan stops
being effective when the notice is received. A
State adversely affected by the withdrawal may
seek judicial review under chapter 7 of title 5.
Notwithstanding the withdrawal, the State may
retain jurisdiction in administrative or judicial
proceedings begun before the withdrawal if the
issues involved are not related directly to the
reasons for the withdrawal.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 984;
Pub. L. 104–88, title I, § 104(a), Dec. 29, 1995, 109
Stat. 918; Pub. L. 105–178, title IV, § 4003(b), (c),
June 9, 1998, 112 Stat. 395, 396.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

31102(a) ......

49 App.:2302(a).

31102(b) ......

49 App.:2302(b), (d).

31102(c) ......

49 App.:2302(e).

31102(d) ......

49 App.:2302(c).

Source (Statutes at Large)
Jan. 6, 1983, Pub. L. 97–424,
§ 402(a), (c), 96 Stat. 2155,
2156.
Jan. 6, 1983, Pub. L. 97–424,
§ 402(b), (d), 96 Stat. 2155,
2156; Dec. 18, 1991, Pub. L.
102–240, § 4002(a), (b), 105
Stat. 2140.
Jan. 6, 1983, Pub. L. 97–424,
96 Stat. 2097, § 402(e);
added Dec. 18, 1991, Pub.
L. 102–240, § 4002(c), 105
Stat. 2142.

In this section, the word ‘‘rules’’ is omitted as being
synonymous with ‘‘regulations’’.
In subsection (a), the words ‘‘Subject to this section
and the availability of amounts’’ are substituted for
‘‘Under the terms and conditions of this section, subject to the availability of funds’’ to eliminate unnecessary words.
In subsection (b)(1), before clause (A), the word ‘‘prescribe’’ is substituted for ‘‘formulate’’ for consistency

Page 430

in the revised title. Clause (D) is substituted for 49
App.:2302(d) to state the requirements of a plan in one
place and to eliminate unnecessary words. In clause
(K), the words ‘‘into law and practice’’ are omitted a
unnecessary. In clause (O)(i), the words ‘‘highways of
the United States’’ are substituted for ‘‘our Nation’s
highways’’ for consistency in the revised title and with
other titles of the United States Code. In subclause
(iii), the word ‘‘especially’’ is omitted as unnecessary.
In subsection (b)(3)(B), the words ‘‘Government financing’’ are substituted for ‘‘Federal funding’’ for
clarity and consistency in the revised title.
In subsection (c), before clause (1), the words ‘‘type
of’’ are omitted as unnecessary. In clause (1), the word
‘‘leave’’ is substituted for ‘‘exit’’ for clarity and consistency in the revised title.
In subsection (d), the words ‘‘the regulations, standards, or orders’’ are substituted for ‘‘Federal rules, regulations, standards, or orders applicable to commercial
motor vehicle safety or compatible State rules, regulations, standards, or orders’’ for consistency and to
eliminate unnecessary words. The last sentence is substituted for 49 App.:2302(c) (last sentence) for clarity.
REFERENCES IN TEXT
Paragraph (1), referred to in subsec. (b)(3), was
amended by Pub. L. 105–178, title IV, § 4003(c)(6), June 9,
1998, 112 Stat. 396, which redesignated subpars. (C) and
(D) as (D) and (E), respectively.
AMENDMENTS
1998—Subsec. (a). Pub. L. 105–178, § 4003(b)(1), inserted
‘‘improving motor carrier safety and’’ after ‘‘implementation of programs for’’ and ‘‘, hazardous materials
transportation safety,’’ after ‘‘commercial motor vehicle safety’’.
Subsec. (b)(1). Pub. L. 105–178, § 4003(b)(2), in introductory provisions, substituted ‘‘assume responsibility for
improving motor carrier safety and to adopt and enforce’’ for ‘‘adopt and assume responsibility for enforcing’’ and inserted ‘‘, hazardous materials transportation safety,’’ after ‘‘commercial motor vehicle safety’’.
Subsec. (b)(1)(A) to (I). Pub. L. 105–178, § 4003(c)(6), (7),
added subpar. (A) and redesignated former subpars. (A)
to (H) as (B) to (I), respectively. Former subpar. (I) redesignated (J).
Subsec. (b)(1)(J). Pub. L. 105–178, § 4003(c)(6), redesignated subpar. (I) as (J). Former subpar. (J) redesignated
(K).
Pub. L. 105–178, § 4003(c)(1), substituted ‘‘subsection
(c)(1)’’ for ‘‘subsection (c)’’.
Subsec. (b)(1)(K) to (M). Pub. L. 105–178, § 4003(c)(6), redesignated subpars. (J) to (L) as (K) to (M), respectively. Former subpar. (M) redesignated (N).
Pub. L. 105–178, § 4003(c)(2), added subpars. (K) to (M)
and struck out former subpars. (K) to (M) which read as
follows:
‘‘(K) ensures that fines imposed and collected by the
State for violations of commercial motor vehicle safety
regulations will be reasonable and appropriate and
that, to the maximum extent practicable, the State
will attempt to implement the recommended fine
schedule published by the Commercial Vehicle Safety
Alliance;
‘‘(L) ensures that the State agency will coordinate
the plan prepared under this section with the State
highway safety plan under section 402 of title 23;
‘‘(M) ensures participation by the 48 contiguous
States in SAFETYNET not later than January 1,
1994;’’.
Subsec. (b)(1)(N). Pub. L. 105–178, § 4003(c)(6), redesignated subpar. (M) as (N). Former subpar. (N) redesignated (O).
Subsec. (b)(1)(O). Pub. L. 105–178, § 4003(c)(6), redesignated subpar. (N) as (O). Former subpar. (O) redesignated (P).
Pub. L. 105–178, § 4003(c)(3), inserted ‘‘in support of national priorities and performance goals, including’’

Page 431

§ 31104

TITLE 49—TRANSPORTATION

after ‘‘activities’’ in introductory provisions, substituted ‘‘activities aimed at removing’’ for ‘‘to remove’’ in cl. (i), substituted ‘‘activities aimed at providing’’ for ‘‘to provide’’ and inserted ‘‘and’’ after semicolon in cl. (ii), added cl. (iii), and struck out former
cls. (iii) and (iv) which read as follows:
‘‘(iii) to promote enforcement of the requirements related to the licensing of commercial motor vehicle
drivers, including checking the status of commercial
drivers’ licenses; and
‘‘(iv) to improve enforcement of hazardous material
transportation regulations by encouraging more inspections of shipper facilities affecting highway transportation and more comprehensive inspection of the
loads of commercial motor vehicles transporting hazardous material;’’.
Subsec. (b)(1)(P). Pub. L. 105–178, § 4003(c)(6), redesignated subpar. (O) as (P). Former subpar. (P) redesignated (Q).
Pub. L. 105–178, § 4003(c)(4), added subpar. (P) and
struck out former subpar. (P) which read as follows:
‘‘provides satisfactory assurances that the State will
promote effective—
‘‘(i) interdiction activities affecting the transportation of controlled substances by commercial motor
vehicle drivers and training on appropriate strategies
for carrying out those interdiction activities; and
‘‘(ii) use of trained and qualified officers and employees of political subdivisions and local governments, under the supervision and direction of the
State motor vehicle safety agency, in the enforcement of regulations affecting commercial motor vehicle safety and hazardous material transportation
safety; and’’.
Subsec. (b)(1)(Q). Pub. L. 105–178, § 4003(c)(6), redesignated subpar. (P) as (Q). Former subpar. (Q) redesignated (R).
Pub. L. 105–178, § 4003(c)(5)(A), substituted ‘‘sections
31138 and 31139’’ for ‘‘sections 31140 and 31146’’.
Subsec. (b)(1)(R). Pub. L. 105–178, § 4003(c)(6), redesignated subpar. (Q) as (R).
Subsec. (b)(1)(S), (T). Pub. L. 105–178, § 4003(c)(5)(B),
(8), added subpars. (S) and (T).
1995—Subsec. (b)(1)(Q). Pub. L. 104–88 added subpar.
(Q).

§ 31103. United States Government’s share of
costs
(a) COMMERCIAL MOTOR VEHICLE SAFETY PROAND ENFORCEMENT.—The Secretary of
Transportation shall reimburse a State, from a
grant made under this subchapter, an amount
that is not more than 80 percent of the costs incurred by the State in a fiscal year in developing and implementing programs to improve
commercial motor vehicle safety and enforce
commercial motor vehicle regulations, standards, or orders adopted under this subchapter or
subchapter II of this chapter. In determining
those costs, the Secretary shall include in-kind
contributions by the State. Amounts of the
State and its political subdivisions required to
be expended under section 31102(b)(1)(D) 1 of this
title may not be included as part of the share
not provided by the United States Government.
The Secretary may allocate among the States
whose applications for grants have been approved those amounts appropriated for grants to
support those programs, under criteria that may
be established.
(b) OTHER ACTIVITIES.—The Secretary may reimburse State agencies, local governments, or
other persons up to 100 percent for public education
activities
authorized
by
section
31104(f)(2).
GRAMS

(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 987;
Pub. L. 105–178, title IV, § 4003(d), June 9, 1998, 112
Stat. 397.)
HISTORICAL AND REVISION NOTES
Revised
Section
31103 ..........

EFFECTIVE DATE OF 1995 AMENDMENT
Amendment by Pub. L. 104–88 effective Jan. 1, 1996,
see section 2 of Pub. L. 104–88, set out as an Effective
Date note under section 701 of this title.
EFFECTS OF MCSAP GRANT REDUCTIONS
Pub. L. 105–178, title IV, § 4032, June 9, 1998, 112 Stat.
419, provided that:
‘‘(a) STUDY.—The Secretary [of Transportation] shall
conduct a study on the effects of reductions of grants
under section 31102 of title 49, United States Code, due
to nonconformity of State intrastate motor carrier,
commercial motor vehicle, and driver requirements
with Federal interstate requirements. In conducting
the study, the Secretary shall consider, at a minimum—
‘‘(1) national uniformity and the purposes of the
motor carrier safety assistance program;
‘‘(2) State motor carrier, commercial motor vehicle, and driver safety oversight and enforcement capabilities; and
‘‘(3) the safety impacts, costs, and benefits of full
participation in the program.
‘‘(b) REPORT.—Not later than 2 years after the date of
the enactment of this Act [June 9, 1998], the Secretary
shall submit to Congress a report on the results of the
study.
‘‘(c) ADJUSTMENT OF STATE ALLOCATIONS.—The Secretary is authorized to adjust State allocations under
section 31103 of title 49, United States Code, to reflect
the results of the study.’’
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 31103, 31104,
31133, 31142 of this title.

Source (U.S. Code)
49 App.:2303.

Source (Statutes at Large)
Jan. 6, 1983, Pub. L. 97–424,
§ 403, 96 Stat. 2156; Dec. 18,
1991, Pub. L. 102–240,
§ 4002(d), 105 Stat. 2142.

The word ‘‘rules’’ is omitted as being synonymous
with ‘‘regulations’’.
REFERENCES IN TEXT
Section 31102(b)(1) of this title, referred to in subsec.
(a), was amended by Pub. L. 105–178, title IV, § 4003(c)(6),
June 9, 1998, 112 Stat. 396, which redesignated subpars.
(C) and (D) as (D) and (E), respectively.
AMENDMENTS
1998—Pub. L. 105–178 designated existing provisions as
subsec. (a), inserted subsec. heading, inserted ‘‘improve
commercial motor vehicle safety and’’ after ‘‘implementing programs to’’, and added subsec. (b).

§ 31104. Availability of amounts
(a) IN GENERAL.—The following amounts are
made available from the Highway Trust Fund
(other than the Mass Transit Account) for the
Secretary of Transportation to incur obligations
to carry out section 31102:
(1) Not more than $79,000,000 for fiscal year
1998.
(2) Not more than $90,000,000 for fiscal year
1999.
(3) Not more than $95,000,000 for fiscal year
2000.
(4) Not more than $100,000,000 for fiscal year
2001.
1 See

References in Text note below.

§ 31104

TITLE 49—TRANSPORTATION

(5) Not more than $105,000,000 for fiscal year
2002.
(6) Not more than $110,000,000 for fiscal year
2003.
(b) AVAILABILITY AND REALLOCATION OF
AMOUNTS.—Amounts made available under subsection (a) of this section remain available until
expended. Allocations to a State remain available for expenditure in the State for the fiscal
year in which they are allocated and for the
next fiscal year. Amounts not expended by a
State during those 2 fiscal years are released to
the Secretary for reallocation.
(c) REIMBURSEMENT FOR GOVERNMENT’S SHARE
OF COSTS.—Amounts made available under subsection (a) of this section shall be used to reimburse States proportionately for the United
States Government’s share of costs incurred.
(d) GRANTS AS CONTRACTUAL OBLIGATIONS.—
Approval by the Secretary of a grant to a State
under section 31102 of this title is a contractual
obligation of the Government for payment of
the Government’s share of costs incurred by the
State in developing, implementing, or developing and implementing programs to enforce commercial motor vehicle regulations, standards,
and orders.
(e) DEDUCTION FOR ADMINISTRATIVE EXPENSES.—On October 1 of each fiscal year or as
soon after that date as practicable, the Secretary may deduct, from amounts made available under subsection (a) of this section for that
fiscal year, not more than 1.25 percent of those
amounts for administrative expenses incurred in
carrying out section 31102 of this title in that
fiscal year. The Secretary shall use at least 75
percent of those deducted amounts to train nonGovernment employees and to develop related
training materials in carrying out section 31102.
(f) ALLOCATION CRITERIA AND ELIGIBILITY.—
(1) IN GENERAL.—On October 1 of each fiscal
year or as soon after that date as practicable
and after making the deduction under subsection (e), the Secretary shall allocate
amounts made available to carry out section
31102 for such fiscal year among the States
with plans approved under section 31102. Such
allocation shall be made under such criteria as
the Secretary prescribes by regulation.
(2) HIGH-PRIORITY AND BORDER ACTIVITIES.—
(A) HIGH-PRIORITY ACTIVITIES AND PROJECTS.—The Secretary may designate up to 5
percent of amounts available for allocation
under paragraph (1) for States, local governments, and other persons for carrying out
high priority activities and projects that improve commercial motor vehicle safety and
compliance with commercial motor vehicle
safety regulations, including activities and
projects that are national in scope, increase
public awareness and education, or demonstrate new technologies. The amounts designated under this subparagraph shall be allocated by the Secretary to State agencies,
local governments, and other persons that
use and train qualified officers and employees in coordination with State motor vehicle
safety agencies.
(B) BORDER COMMERCIAL MOTOR VEHICLE
SAFETY AND ENFORCEMENT PROGRAMS.—The
Secretary may designate up to 5 percent of

Page 432

amounts available for allocation under paragraph (1) for States, local governments, and
other persons for carrying out border commercial motor vehicle safety programs and
enforcement activities and projects. The
amounts designated under this subparagraph
shall be allocated by the Secretary to State
agencies, local governments, and other persons that use and train qualified officers and
employees in coordination with State motor
vehicle safety agencies.
(g) PAYMENT TO STATES FOR COSTS.—Each
State shall submit vouchers for costs the State
incurs under this section and section 31102 of
this title. The Secretary shall pay the State an
amount not more than the Government share of
costs incurred as of the date of the vouchers.
(h) INTRASTATE COMPATIBILITY.—The Secretary shall prescribe regulations specifying tolerance guidelines and standards for ensuring
compatibility of intrastate commercial motor
vehicle safety laws and regulations with Government motor carrier safety regulations to be enforced under section 31102(a) of this title. To the
extent practicable, the guidelines and standards
shall allow for maximum flexibility while ensuring the degree of uniformity that will not diminish transportation safety. In reviewing State
plans and allocating amounts or making grants
under section 153 of title 23, the Secretary shall
ensure that the guidelines and standards are applied uniformly.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 987;
Pub. L. 105–130, § 7, Dec. 1, 1997, 111 Stat. 2559;
Pub. L. 105–178, title IV, § 4003(e)–(g), June 9,
1998, 112 Stat. 397.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

31104(a) ......

49 App.:2304(a).

31104(b) ......

49 App.:2304(c).

49 App.:2304(e).

31104(c) ......
31104(d) ......
31104(e) ......

49 App.:2304(b).
49 App.:2304(d).
49 App.:2304(f)(1).

31104(f) .......
31104(g)(1) ..

49 App.:2304(f)(2).
49 App.:2304(g) (less
last sentences of
(5) and (6)).

31104(g)(2) ..

31104(h) ......
31104(i) .......

49 App.:2304(g)(5)
(last sentence).
49 App.:2304(g)(6)
(last sentence).
49 App.:2304(h).
49 App.:2304 (note).

31104(j) .......

49 App.:2302 (note).

31104(g)(3) ..

Source (Statutes at Large)
Jan. 6, 1983, Pub. L. 97–424,
§ 404(a), 96 Stat. 2156; restated Oct. 27, 1986, Pub.
L. 99–570, § 12014, 100 Stat.
3207–186; Dec. 18, 1991, Pub.
L. 102–240, § 4002(e), 105
Stat. 2142.
Jan. 6, 1983, Pub. L. 97–424,
§ 404(c), 96 Stat. 2156; Oct.
27, 1986, Pub. L. 99–570,
§ 12014, 100 Stat. 3207–186;
restated Dec. 18, 1991, Pub.
L. 102–240, § 4002(f), 105
Stat. 2142.
Jan. 6, 1983, Pub. L. 97–424,
§ 404(b), (d), (e), 96 Stat.
2156; restated Oct. 27, 1986,
Pub. L. 99–570, § 12014, 100
Stat. 3207–186.
Jan. 6, 1983, Pub. L. 97–424,
§ 404(f), 96 Stat. 2156; Oct.
27, 1986, Pub. L. 99–570,
§ 12014, 100 Stat. 3207–186;
restated Dec. 18, 1991, Pub.
L. 102–240, § 4002(g), 105
Stat. 2142.
Jan. 6, 1983, Pub. L. 97–424,
96 Stat. 2155, § 404(g), (h);
added Dec. 18, 1991, Pub.
L. 102–240, § 4002(h), (i), 105
Stat. 2143.

Dec. 18, 1991, Pub. L. 102–240,
§ 4002(k), 105 Stat. 2144.
Dec. 18, 1991, Pub. L. 102–240,
§ 4002(l), 105 Stat. 2144.

Page 433

TITLE 49—TRANSPORTATION

In subsection (a), the text of 49 App.:2304(a)(1) and the
references to fiscal years ending September 30,
1987–1992, are omitted as obsolete.
In subsection (b), the text of 49 App.:2304(e) is omitted
as superseded by 49 App.:2304(c) restated by section
4002(f) of the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102–240, 105 Stat. 2142)
and restated in this subsection.
In subsection (b)(2), the words ‘‘Amounts made available under section 404(a)(2) of the Surface Transportation Assistance Act of 1982 before October 1, 1991’’ are
substituted for ‘‘Funds made available under this subchapter’’ for clarity and because of the restatement.
In subsection (c), the words ‘‘Funds authorized to be
appropriated’’ are omitted because of the omission of 49
App.:2304(a)(1) as obsolete.
In subsection (e), the words ‘‘for administrative expenses incurred in carrying out section 31102 of this
title’’ are substituted for ‘‘for administration of this
section’’ for clarity and consistency with the source
provisions restated in this section and section 31102 of
the revised title.
In subsection (i), before clause (1), the words ‘‘Not
later than 6 months after December 18, 1991’’ are omitted as obsolete. The words ‘‘for grants under section
31102(a) of this title’’ are substituted for ‘‘under the
motor carrier safety assistance program’’ for clarity
and because of the restatement. The words ‘‘In prescribing those regulations’’ are substituted for ‘‘In conducting such a revision’’ because of the restatement.
In subsection (j), the words ‘‘Not later than 9 months
after December 18, 1991’’ are omitted as obsolete. The
word ‘‘final’’ is omitted as unnecessary. The words
‘‘regulations to be enforced under section 31102(a) of
this title’’ are substituted for ‘‘under the motor carrier
safety assistance program’’ for clarity and because of
the restatement.
AMENDMENTS
1998—Subsec. (a). Pub. L. 105–178, § 4003(e), amended
heading and text of subsec. (a) generally, substituting
provisions relating to appropriations for fiscal years
1998 to 2003 for provisions relating to appropriations for
fiscal years ending Sept. 30, 1993 to 1997 and for period
of Oct. 1, 1997 through Mar. 31, 1998.
Subsec. (b). Pub. L. 105–178, § 4003(f), struck out par.
(1) designation and par. (2) which read as follows:
‘‘Amounts made available under section 404(a)(2) of the
Surface Transportation Assistance Act of 1982 before
October 1, 1991, that are not obligated on October 1,
1992, are available for reallocation and obligation under
paragraph (1) of this subsection.’’
Subsec. (f). Pub. L. 105–178, § 4003(g)(1), added subsec.
(f) and struck out heading and text of former subsec.
(f). Text read as follows: ‘‘On October 1 of each fiscal
year or as soon after that date as practicable, the Secretary, after making the deduction described in subsection (e) of this section, shall allocate under criteria
the Secretary establishes the amounts available for
that fiscal year among the States with plans approved
under section 31102 of this title. However, the Secretary
may designate specific eligible States among which to
allocate those amounts in allocating amounts available—
‘‘(1) for research, development, and demonstration
under subsection (g)(1)(F) of this section; and
‘‘(2) for public education under subsection (g)(1)(G)
of this section.’’
Subsec. (g). Pub. L. 105–178, § 4003(g)(1), (2), redesignated subsec. (h) as (g) and struck out former subsec.
(g) which related to specific allocations.
Subsec. (h). Pub. L. 105–178, § 4003(g)(4), redesignated
subsec. (j) as (h). Former subsec. (h) redesignated (g).
Subsec. (i). Pub. L. 105–178, § 4003(g)(3), struck out
heading and text of subsec. (i). Text read as follows:
‘‘The Secretary shall prescribe regulations to develop
an improved formula and process for allocating
amounts made available for grants under section
31102(a) of this title among States eligible for those
amounts. In prescribing those regulations, the Secretary shall—

§ 31105

‘‘(1) consider ways to provide incentives to States
that demonstrate innovative, successful, cost-efficient, or cost-effective programs to promote commercial motor vehicle safety and hazardous material
transportation safety;
‘‘(2) place special emphasis on incentives to States
that conduct traffic safety enforcement activities
that are coupled with motor carrier safety inspections; and
‘‘(3) consider ways to provide incentives to States
that increase compatibility of State commercial
motor vehicle safety and hazardous material transportation regulations with Government safety regulations and promote other factors intended to promote effectiveness and efficiency the Secretary decides are appropriate.’’
Subsec. (j). Pub. L. 105–178, § 4003(g)(4), redesignated
subsec. (j) as (h).
1997—Subsec. (a). Pub. L. 105–130 substituted ‘‘Not
more’’ for ‘‘not more’’ in pars. (1) to (5) and added par.
(6).
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 5708, 31102,
31103, 31141 of this title.

§ 31105. Employee protections
(a) PROHIBITIONS.—(1) A person may not discharge an employee, or discipline or discriminate against an employee regarding pay, terms,
or privileges of employment, because—
(A) the employee, or another person at the
employee’s request, has filed a complaint or
begun a proceeding related to a violation of a
commercial motor vehicle safety regulation,
standard, or order, or has testified or will testify in such a proceeding; or
(B) the employee refuses to operate a vehicle
because—
(i) the operation violates a regulation,
standard, or order of the United States related to commercial motor vehicle safety or
health; or
(ii) the employee has a reasonable apprehension of serious injury to the employee or
the public because of the vehicle’s unsafe
condition.
(2) Under paragraph (1)(B)(ii) of this subsection, an employee’s apprehension of serious
injury is reasonable only if a reasonable individual in the circumstances then confronting the
employee would conclude that the unsafe condition establishes a real danger of accident, injury, or serious impairment to health. To qualify for protection, the employee must have
sought from the employer, and been unable to
obtain, correction of the unsafe condition.
(b) FILING COMPLAINTS AND PROCEDURES.—(1)
An employee alleging discharge, discipline, or
discrimination in violation of subsection (a) of
this section, or another person at the employee’s request, may file a complaint with the Secretary of Labor not later than 180 days after the
alleged violation occurred. On receiving the
complaint, the Secretary shall notify the person
alleged to have committed the violation of the
filing of the complaint.
(2)(A) Not later than 60 days after receiving a
complaint, the Secretary shall conduct an investigation, decide whether it is reasonable to believe the complaint has merit, and notify the
complainant and the person alleged to have
committed the violation of the findings. If the

§ 31106

TITLE 49—TRANSPORTATION

Secretary decides it is reasonable to believe a
violation occurred, the Secretary shall include
with the decision findings and a preliminary
order for the relief provided under paragraph (3)
of this subsection.
(B) Not later than 30 days after the notice
under subparagraph (A) of this paragraph, the
complainant and the person alleged to have
committed the violation may file objections to
the findings or preliminary order, or both, and
request a hearing on the record. The filing of objections does not stay a reinstatement ordered
in the preliminary order. If a hearing is not requested within the 30 days, the preliminary
order is final and not subject to judicial review.
(C) A hearing shall be conducted expeditiously. Not later than 120 days after the end of
the hearing, the Secretary shall issue a final
order. Before the final order is issued, the proceeding may be ended by a settlement agreement made by the Secretary, the complainant,
and the person alleged to have committed the
violation.
(3)(A) If the Secretary decides, on the basis of
a complaint, a person violated subsection (a) of
this section, the Secretary shall order the person to—
(i) take affirmative action to abate the violation;
(ii) reinstate the complainant to the former
position with the same pay and terms and
privileges of employment; and
(iii) pay compensatory damages, including
back pay.
(B) If the Secretary issues an order under subparagraph (A) of this paragraph and the complainant requests, the Secretary may assess
against the person against whom the order is issued the costs (including attorney’s fees) reasonably incurred by the complainant in bringing
the complaint. The Secretary shall determine
the costs that reasonably were incurred.
(c) JUDICIAL REVIEW AND VENUE.—A person adversely affected by an order issued after a hearing under subsection (b) of this section may file
a petition for review, not later than 60 days
after the order is issued, in the court of appeals
of the United States for the circuit in which the
violation occurred or the person resided on the
date of the violation. The review shall be heard
and decided expeditiously. An order of the Secretary subject to review under this subsection is
not subject to judicial review in a criminal or
other civil proceeding.
(d) CIVIL ACTIONS TO ENFORCE.—If a person
fails to comply with an order issued under subsection (b) of this section, the Secretary shall
bring a civil action to enforce the order in the
district court of the United States for the judicial district in which the violation occurred.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 990.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

31105(a) ......

49 App.:2305(a), (b).

31105(b) ......
31105(c) ......
31105(d) ......

49 App.:2305(c).
49 App.:2305(d).
49 App.:2305(e).

Source (Statutes at Large)
Jan. 6, 1983, Pub. L. 97–424,
§ 405(a)–(d), 96 Stat. 2157.
Jan. 6, 1983, Pub. L. 97–424,
§ 405(e), 96 Stat. 2158; Nov.
8, 1984, Pub. L. 98–620,
§ 402(51), 98 Stat. 3361.

Page 434

In subsection (a)(1), before clause (A), the words ‘‘in
any manner’’ are omitted as surplus. The word ‘‘conditions’’ is omitted as included in ‘‘terms’’. In clauses (A)
and (B), the word ‘‘rule’’ is omitted as being synonymous with ‘‘regulation’’. In clause (A), the word
‘‘begun’’ is substituted for ‘‘instituted or caused to be
instituted’’ for consistency in the revised title and to
eliminate unnecessary words. In clause (B), the words
before subclause (i) are substituted for ‘‘for refusing to
operate a vehicle when’’ and ‘‘or because of’’ for clarity
and consistency. In subclause (ii), the words ‘‘vehicle’s
unsafe condition’’ are substituted for ‘‘unsafe condition
of such equipment’’ for consistency.
Subsection (a)(2) is substituted for 49 App.:2305(b) (2d,
last sentences) for clarity and to eliminate unnecessary
words.
In subsection (b)(1), the words ‘‘alleging such discharge, discipline, or discrimination’’ are omitted as
surplus.
In subsection (b)(2)(B), the words ‘‘Not later than 30
days after the notice under subparagraph (A) of this
paragraph’’ are substituted for ‘‘Thereafter’’ and ‘‘within thirty days’’ for clarity.
In subsection (b)(2)(C), the words ‘‘Before the final
order is issued’’ are substituted for ‘‘In the interim’’ for
clarity.
Subsection
(b)(3)(A)
is
substituted
for
49
App.:2305(c)(2)(B) (1st sentence) for clarity and to eliminate unnecessary words. In clause (ii), the word ‘‘conditions’’ is omitted as included in ‘‘terms’’. The provision
for back pay is moved from clause (ii) to clause (iii) for
clarity.
In subsection (b)(3)(B), the words ‘‘a sum equal to the
aggregate amount of all’’ and ‘‘and expenses’’ are omitted as surplus. The words ‘‘in bringing the complaint’’
are substituted for ‘‘for, or in connection with, the
bringing of the complaint upon which the order was issued’’ to eliminate unnecessary words.
In subsection (c), the words ‘‘or aggrieved’’ and ‘‘with
respect to which the order was issued, allegedly’’ are
omitted as surplus. The words ‘‘in accordance with the
provisions of chapter 7 of title 5 and’’ are omitted because 5:ch. 7 applies unless otherwise stated.
In subsection (d), the text of 49 App.:2305(e) (last sentence) is omitted as unnecessary.
EMPLOYEE PROTECTIONS
Pub. L. 105–178, title IV, § 4023, June 9, 1998, 112 Stat.
415, provided that: ‘‘Not later than 2 years after the
date of enactment of this Act [June 9, 1998], the Secretary [of Transportation], in conjunction with the
Secretary of Labor, shall report to the Committee on
Commerce, Science, and Transportation of the Senate
and the Committee on Transportation and Infrastructure of the House of Representatives on the effectiveness of existing statutory employee protections provided for under section 31105 of title 49, United States
Code. The report shall include recommendations to address any statutory changes necessary to strengthen
the enforcement of such employee protection provisions.’’

§ 31106. Information systems
(a) INFORMATION SYSTEMS AND DATA ANALYSIS.—

(1) IN GENERAL.—Subject to the provisions of
this section, the Secretary shall establish and
operate motor carrier, commercial motor vehicle, and driver information systems and data
analysis programs to support safety regulatory and enforcement activities required
under this title.
(2) NETWORK COORDINATION.—In cooperation
with the States, the information systems
under this section shall be coordinated into a
network providing accurate identification of
motor carriers and drivers, commercial motor

Page 435

§ 31106

TITLE 49—TRANSPORTATION

vehicle registration and license tracking, and
motor carrier, commercial motor vehicle, and
driver safety performance data.
(3) DATA ANALYSIS CAPACITY AND PROGRAMS.—The Secretary shall develop and
maintain under this section data analysis capacity and programs that provide the means
to—
(A) identify and collect necessary motor
carrier, commercial motor vehicle, and driver data;
(B) evaluate the safety fitness of motor
carriers and drivers;
(C) develop strategies to mitigate safety
problems and to use data analysis to address
and measure the effectiveness of such strategies and related programs;
(D) determine the cost-effectiveness of
Federal and State safety compliance and enforcement programs and other countermeasures; and
(E) adapt, improve, and incorporate other
information and information systems as the
Secretary determines appropriate.
(4) STANDARDS.—To implement this section,
the Secretary shall prescribe technical and
operational standards to ensure—
(A) uniform, timely, and accurate information collection and reporting by the States
and other entities as determined appropriate
by the Secretary;
(B) uniform Federal, State, and local policies and procedures necessary to operate the
information system; and
(C) the reliability and availability of the
information to the Secretary and States.
(b) PERFORMANCE AND REGISTRATION INFORMAPROGRAM.—
(1) INFORMATION CLEARINGHOUSE.—The Secretary shall include, as part of the motor carrier information system authorized by this
section, a program to establish and maintain a
clearinghouse and repository of information
related to State registration and licensing of
commercial motor vehicles, the registrants of
such vehicles, and the motor carriers operating such vehicles. The clearinghouse and repository may include information on the safety fitness of each of the motor carriers and
registrants and other information the Secretary considers appropriate, including information on motor carrier, commercial motor
vehicle, and driver safety performance.
(2) DESIGN.—The program shall link Federal
motor carrier safety information systems with
State driver and commercial vehicle registration and licensing systems and shall be designed to enable a State to—
(A) determine the safety fitness of a motor
carrier or registrant when licensing or registering the registrant or motor carrier or
while the license or registration is in effect;
and
(B) decide, in cooperation with the Secretary, whether and what types of sanctions
or operating limitations to impose on the
motor carrier or registrant to ensure safety.

TION

(3) CONDITIONS FOR PARTICIPATION.—The Secretary shall require States, as a condition of
participation in the program, to—

(A) comply with the uniform policies, procedures, and technical and operational
standards prescribed by the Secretary under
subsection (a)(4); and
(B) possess or seek authority to impose
commercial motor vehicle registration sanctions on the basis of a Federal safety fitness
determination.
(4) FUNDING.—The Secretary may make
available up to 50 percent of the amounts
available to carry out this section by section
31107 in each of fiscal years 1998, 1999, 2000,
2001, 2002, and 2003 to carry out this subsection. The Secretary is encouraged to direct
no less than 80 percent of amounts made available to carry out this subsection to States
that have not previously received financial assistance to develop or implement the information systems authorized by this section.
(c) COMMERCIAL MOTOR VEHICLE DRIVER SAFEPROGRAM.—In coordination with the information system under section 31309, the Secretary is
authorized to establish a program to improve
commercial motor vehicle driver safety. The objectives of the program shall include—
(1) enhancing the exchange of driver licensing information among the States, the Federal
Government, and foreign countries;
(2) providing information to the judicial system on commercial motor vehicle drivers;
(3) evaluating any aspect of driver performance that the Secretary determines appropriate; and
(4) developing appropriate strategies and
countermeasures to improve driver safety.

TY

(d) COOPERATIVE AGREEMENTS, GRANTS, AND
CONTRACTS.—The Secretary may carry out this
section either independently or in cooperation
with other Federal departments, agencies, and
instrumentalities, or by making grants to, and
entering into contracts and cooperative agreements with, States, local governments, associations, institutions, corporations, and other persons.
(e) INFORMATION AVAILABILITY AND PRIVACY
PROTECTION POLICY.—The Secretary shall develop a policy on making information available
from the information systems authorized by this
section and section 31309. The policy shall be
consistent with existing Federal information
laws, including regulations, and shall provide
for review and correction of such information in
a timely manner.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 991;
Pub. L. 105–178, title IV, § 4004(a), June 9, 1998, 112
Stat. 398.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

31106(a) ......

49 App.:2306(f).

31106(b) ......

49 App.:2306(a)
(2)–(5).
49 App.:2306(b).
49 App.:2306(a)(1).
49 App.:2306(c).
49 App.:2306(d).
49 App.:2306(e).

31106(c) ......
31106(d) ......
31106(e) ......
31106(f) .......
31106(g) ......

Source (Statutes at Large)
Jan. 6, 1983, Pub. L. 97–424,
96 Stat. 2155, § 407; added
Dec. 18, 1991, Pub. L.
102–240, § 4003, 105 Stat.
2144.

§ 31107

TITLE 49—TRANSPORTATION

In subsection (b)(2), the word ‘‘schedule’’ is substituted for ‘‘system’’ for clarity.
AMENDMENTS
1998—Pub. L. 105–178 amended section catchline and
text generally, substituting, in subsec. (a), provisions
relating to information systems and data analysis for
provisions relating to definition of commercial motor
vehicle, in subsec. (b), provisions relating to performance and registration information program for provisions relating to information system, in subsec. (c),
provisions relating to commercial motor vehicle driver
safety program for provisions relating to demonstration project, in subsec. (d), provisions relating to cooperative agreements, grants, and contracts for provisions relating to review of State systems, and in subsec. (e), provisions relating to information availability
and privacy protection policy for provisions relating to
regulations, and striking out subsecs. (f) and (g), which
related to report to Congress and authorization of appropriations, respectively.
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 31101, 31107,
31309 of this title.

§ 31107. Contract authority funding for information systems
(a) FUNDING.—There shall be available from
the Highway Trust Fund (other than the Mass
Transit Account) to carry out sections 31106 and
31309 of this title—
(1) $6,000,000 for fiscal year 1998;
(2) $10,000,000 for each of fiscal years 1999 and
2000; and 1
(3) $12,000,000 for each of fiscal years 2001
through 2002.2
(4) $15,000,000 for fiscal year 2003.
The amounts made available under this subsection shall remain available until expended.
(b) CONTRACT AUTHORITY.—Approval by the
Secretary of a grant with funds made available
under this section imposes upon the United
States Government a contractual obligation for
payment of the Government’s share of costs incurred in carrying out the objectives of the
grant.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 992;
Pub. L. 105–178, title IV, § 4004(b), June 9, 1998, 112
Stat. 400.)
HISTORICAL AND REVISION NOTES
Revised
Section
31107 ..........

Source (U.S. Code)
49 App.:2307.

Source (Statutes at Large)
Jan. 6, 1983, Pub. L. 97–424,
96 Stat. 2155, § 408; added
Dec. 18, 1991, Pub. L.
102–240, § 4004, 105 Stat.
2146.

In subsection (a)(3), the words ‘‘on matters, including
training on accident’’ are substituted for ‘‘including
training on accident’’ for clarity.
AMENDMENTS
1998—Pub. L. 105–178 amended section catchline and
text generally, substituting provisions relating to contract authority funding for information systems for
provisions relating to truck and bus accident grant program.
1 So

in original. The word ‘‘and’’ probably should not appear.
in original. Par. (3) probably should end with ‘‘; and’’ instead of a period.
2 So

Page 436

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 31106 of this
title.

§ 31108. Authorization of appropriations
Not more than $lllll may be appropriated
to the Secretary of Transportation for the fiscal
year ending September 30, 19l, to carry out the
safety duties and powers of the Federal Highway
Administration.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 993.)
HISTORICAL AND REVISION NOTES
Revised
Section
31108 ..........

Source (U.S. Code)
(uncodified).

Source (Statutes at Large)
Dec. 18, 1991, Pub. L. 102–240,
§ 4002(j), 105 Stat. 2144.

The words ‘‘safety duties and powers’’ are substituted
for ‘‘safety functions’’ for clarity and consistency in
the revised title. The reference to fiscal year 1992 is
omitted as obsolete.

SUBCHAPTER II—LENGTH AND WIDTH
LIMITATIONS
SUBCHAPTER REFERRED TO IN OTHER SECTIONS
This subchapter is referred to in section 31103 of this
title.

§ 31111. Length limitations
(a) DEFINITIONS.—In this section, the following
definitions apply:
(1) AUTOMOBILE TRANSPORTER.—The term
‘‘automobile transporter’’ means any vehicle
combination designed and used specifically for
the transport of assembled highway vehicles,
including truck camper units.
(2) MAXI-CUBE VEHICLE.—The term ‘‘maxicube vehicle’’ means a truck tractor combined
with a semitrailer and a separable propertycarrying unit designed to be loaded and unloaded through the semitrailer, with the
length of the separable property-carrying unit
being not more than 34 feet and the length of
the vehicle combination being not more than
65 feet.
(3) TRUCK TRACTOR.—The term ‘‘truck tractor’’ means—
(A) a non-property-carrying power unit
that operates in combination with a semitrailer or trailer; or
(B) a power unit that carries as property
only motor vehicles when operating in combination with a semitrailer in transporting
motor vehicles.
(b) GENERAL LIMITATIONS.—(1) Except as provided in this section, a State may not prescribe
or enforce a regulation of commerce that—
(A) imposes a vehicle length limitation of
less than 45 feet on a bus, of less than 48 feet
on a semitrailer operating in a truck tractorsemitrailer combination, or of less than 28 feet
on a semitrailer or trailer operating in a truck
tractor-semitrailer-trailer combination, on
any segment of the Dwight D. Eisenhower System of Interstate and Defense Highways (except a segment exempted under subsection (f)
of this section) and those classes of qualifying
Federal-aid Primary System highways designated by the Secretary of Transportation
under subsection (e) of this section;

Page 437

§ 31111

TITLE 49—TRANSPORTATION

(B) imposes an overall length limitation on
a commercial motor vehicle operating in a
truck tractor-semitrailer or truck tractorsemitrailer-trailer combination;
(C) has the effect of prohibiting the use of a
semitrailer or trailer of the same dimensions
as those that were in actual and lawful use in
that State on December 1, 1982;
(D) has the effect of prohibiting the use of an
existing semitrailer or trailer, of not more
than 28.5 feet in length, in a truck tractorsemitrailer-trailer combination if the semitrailer or trailer was operating lawfully on December 1, 1982, within a 65-foot overall length
limit in any State; or
(E) imposes a limitation of less than 46 feet
on the distance from the kingpin to the center
of the rear axle on trailers used exclusively or
primarily in connection with motorsports
competition events.
(2) A length limitation prescribed or enforced
by a State under paragraph (1)(A) of this subsection applies only to a semitrailer or trailer
and not to a truck tractor.
(c) MAXI-CUBE AND VEHICLE COMBINATION LIMITATIONS.—A State may not prohibit a maxi-cube
vehicle or a commercial motor vehicle combination consisting of a truck tractor and 2 trailing
units on any segment of the Dwight D. Eisenhower System of Interstate and Defense Highways (except a segment exempted under subsection (f) of this section) and those classes of
qualifying Federal-aid Primary System highways designated by the Secretary under subsection (e) of this section.
(d) EXCLUSION OF SAFETY AND ENERGY CONSERVATION DEVICES.—Length calculated under
this section does not include a safety or energy
conservation device the Secretary decides is
necessary for safe and efficient operation of a
commercial motor vehicle. However, such a device may not have by its design or use the ability to carry cargo.
(e) QUALIFYING HIGHWAYS.—The Secretary by
regulation shall designate as qualifying Federalaid Primary System highways those highways of
the Federal-aid Primary System in existence on
June 1, 1991, that can accommodate safely the
applicable vehicle lengths provided in this section.
(f) EXEMPTIONS.—(1) If the chief executive officer of a State, after consulting under paragraph
(2) of this subsection, decides a segment of the
Dwight D. Eisenhower System of Interstate and
Defense Highways is not capable of safely accommodating a commercial motor vehicle having a length described in subsection (b)(1)(A) of
this section or the motor vehicle combination
described in subsection (c) of this section, the
chief executive officer may notify the Secretary
of that decision and request the Secretary to exempt that segment from either or both provisions.
(2) Before making a decision under paragraph
(1) of this subsection, the chief executive officer
shall consult with units of local government in
the State in which the segment of the Dwight D.
Eisenhower System of Interstate and Defense
Highways is located and with the chief executive
officer of any adjacent State that may be directly affected by the exemption. As part of the

consultations, consideration shall be given to
any potential alternative route that serves the
area in which the segment is located and can
safely accommodate a commercial motor vehicle having a length described in subsection
(b)(1)(A) of this section or the motor vehicle
combination described in subsection (c) of this
section.
(3) A chief executive officer’s notification
under this subsection must include specific evidence of safety problems supporting the officer’s
decision and the results of consultations about
alternative routes.
(4)(A) If the Secretary decides, on request of a
chief executive officer or on the Secretary’s own
initiative, a segment of the Dwight D. Eisenhower System of Interstate and Defense Highways is not capable of safely accommodating a
commercial motor vehicle having a length described in subsection (b)(1)(A) of this section or
the motor vehicle combination described in subsection (c) of this section, the Secretary shall
exempt the segment from either or both of those
provisions. Before making a decision under this
paragraph, the Secretary shall consider any possible alternative route that serves the area in
which the segment is located.
(B) The Secretary shall make a decision about
a specific segment not later than 120 days after
the date of receipt of notification from a chief
executive officer under paragraph (1) of this subsection or the date on which the Secretary initiates action under subparagraph (A) of this paragraph, whichever is applicable. If the Secretary
finds the decision will not be made in time, the
Secretary immediately shall notify Congress,
giving the reasons for the delay, information
about the resources assigned, and the projected
date for the decision.
(C) Before making a decision, the Secretary
shall give an interested person notice and an opportunity for comment. If the Secretary exempts a segment under this subsection before
the final regulations under subsection (e) of this
section are prescribed, the Secretary shall include the exemption as part of the final regulations. If the Secretary exempts the segment
after the final regulations are prescribed, the
Secretary shall publish the exemption as an
amendment to the final regulations.
(g) ACCOMMODATING SPECIALIZED EQUIPMENT.—
In prescribing regulations to carry out this section, the Secretary may make decisions necessary to accommodate specialized equipment,
including automobile and vessel transporters
and maxi-cube vehicles.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 993;
Pub. L. 104–88, title I, § 104(b), Dec. 29, 1995, 109
Stat. 919; Pub. L. 105–178, title IV, § 4005, June 9,
1998, 112 Stat. 400.)
HISTORICAL AND REVISION NOTES
Revised
Section
31111(a)(1) ..

Source (U.S. Code)
49 App.:2311(f)(2).

Source (Statutes at Large)
Jan. 6, 1983, Pub. L. 97–424,
96 Stat. 2097, § 411(f)(2);
added Oct. 18, 1986, Pub. L.
99–500, § 101(l) [H.R. 5205,
§ 324(a)], 100 Stat. 1783–308,
and Oct. 30, 1986, Pub. L.
99–591, § 101(l) [H.R. 5205,
§ 324(a)], 100 Stat. 3341–308;
Dec. 22, 1987, Pub. L.
100–202, § 106, 101 Stat.
1329–433.

§ 31112

TITLE 49—TRANSPORTATION

HISTORICAL AND REVISION NOTES—CONTINUED
Revised
Section
31111(a)(2) ..

31111(b) ......

Source (U.S. Code)
49 App.:2311(f)(1).

49 App.:2311(a).

49 App.:2311(b).
31111(c) ......

31111(d) ......
31111(e) ......

31111(f) .......

31111(g) ......

49 App.:2311(c).

49 App.:2311(h).
49 App.:2311(e).

49 App.:2311(i).

49 App.:2311(d).

Source (Statutes at Large)
Jan. 6, 1983, Pub. L. 97–424,
§ 411(f)(1), 96 Stat. 2160;
Oct. 18, 1986, Pub. L.
99–500, § 101(l) [H.R. 5205,
§ 324(a)], 100 Stat. 1783–308;
Oct. 30, 1986, Pub. L.
99–591, § 101(l) [H.R. 5205,
§ 324(a)], 100 Stat. 3341–308;
Dec. 22, 1987, Pub. L.
100–202, § 106, 101 Stat.
1329–433.
Jan. 6, 1983, Pub. L. 97–424,
§ 411(a), 96 Stat. 2159; Oct.
30, 1984, Pub. L. 98–554,
§ 104(a), 98 Stat. 2831; Dec.
18, 1991, Pub. L. 102–240,
§ 4006(b)(1), 105 Stat. 2151.
Jan. 6, 1983, Pub. L. 97–424,
§ 411(b), (g), (h), 96 Stat.
2159, 2160.
Jan. 6, 1983, Pub. L. 97–424,
§ 411(c), 96 Stat. 2159; Oct.
30, 1984, Pub. L. 98–554,
§ 104(b), 98 Stat. 2831; Oct.
18, 1986, Pub. L. 99–500,
§ 101(l) [H.R. 5205, § 324(b)],
100 Stat. 1783–308; Oct. 30,
1986, Pub. L. 99–591, § 101(l)
[H.R. 5205, § 324(b)], 100
Stat. 3341–308; Dec. 22,
1987, Pub. L. 100–202, § 106,
101 Stat. 1329–433.
Jan. 6, 1983, Pub. L. 97–424,
§ 411(e), 96 Stat. 2160; Dec.
18, 1991, Pub. L. 102–240,
§ 4006(c), 105 Stat. 2151.
Jan. 6, 1983, Pub. L. 97–424,
96 Stat. 2097, § 411(i); added
Oct. 30, 1984, Pub. L.
98–554, § 102, 98 Stat. 2829.
Jan. 6, 1983, Pub. L. 97–424,
§ 411(d), 96 Stat. 2160; Apr.
2, 1987, Pub. L. 100–17,
§ 133(a)(7), 101 Stat. 171;
Nov. 5, 1990, Pub. L.
101–516, § 327(a), 104 Stat.
2182.

49 App.:2311(g).

In this section, 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 (a), the word ‘‘property’’ is substituted
for ‘‘cargo’’ for consistency in the revised title.
Subsection (b)(1) is substituted for 49 App.:2311(a) and
(b) (2d–last sentences) to eliminate unnecessary words
and for consistency in the revised title and with other
titles of the United States Code. Hyphens are used in
describing the combinations ‘‘truck tractor-semitrailer’’ and ‘‘truck tractor-semitrailer-trailer’’ for
consistency. In clause (D), the word ‘‘actually’’ is omitted as surplus.
Subsection (b)(2) is substituted for 49 App.:2311(b) (1st
sentence) because of the restatement.
In subsection (d), the words ‘‘such as rear view mirrors, turn signal lamps, marker lamps, steps and handholds for entry and egress, flexible fender extensions,
mudflaps and splash and spray suppressant devices,
load-induced tire bulge, refrigeration units or air compressors and other devices’’ are omitted as unnecessary
and because most items listed relate to width rather
than length.
In subsection (e), the words ‘‘by regulation’’ are
added for clarity. The words ‘‘subject to the provisions
of subsections (a) and (c) of this section’’ are omitted
as surplus. The text of 49 App.:2311(e)(2) and (3) is omitted as executed.
In subsection (f), the word ‘‘commercial’’ is added before ‘‘motor vehicle’’ for consistency.
In subsection (f)(4)(C), the reference to regulations
prescribed under subsection (e) is substituted for the
reference in the source to regulations issued under subsection (a) to be more precise. The word ‘‘amendment’’
is substituted for ‘‘revision’’ for consistency in the revised title.

Page 438

Subsection (g) is substituted for 49 App.:2311(d) to
eliminate unnecessary words. The Secretary’s general
authority to prescribe regulations is provided in
49:322(a). The word ‘‘vessel’’ is substituted for ‘‘boat’’
because of 1:3. The text of 49 App.:2311(g) is omitted as
executed.
AMENDMENTS
1998—Subsec. (a). Pub. L. 105–178, § 4005(1), substituted
‘‘section, the following definitions apply:’’ for ‘‘section—’’ in introductory provisions.
Subsec. (a)(1). Pub. L. 105–178, § 4005(5), added par. (1).
Former par. (1) redesignated (2).
Pub. L. 105–178, § 4005(2), inserted ‘‘MAXI-CUBE VEHICLE.—The term’’ after ‘‘(1)’’.
Subsec. (a)(2). Pub. L. 105–178, § 4005(4), redesignated
par. (1) as (2). Former par. (2) redesignated (3).
Pub. L. 105–178, § 4005(3), inserted ‘‘TRUCK TRACTOR.—
The term’’ after ‘‘(2)’’.
Subsec. (a)(3). Pub. L. 105–178, § 4005(4), redesignated
par. (2) as (3).
1995—Subsec. (b)(1)(E). Pub. L. 104–88 added subpar.
(E).
EFFECTIVE DATE OF 1995 AMENDMENT
Amendment by Pub. L. 104–88 effective Jan. 1, 1996,
see section 2 of Pub. L. 104–88, set out as an Effective
Date note under section 701 of this title.
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 5112, 31112, 31114
of this title; title 23 section 127.

§ 31112. Property-carrying unit limitation
(a) DEFINITIONS.—In this section—
(1) ‘‘property-carrying unit’’ means any part
of a commercial motor vehicle combination
(except the truck tractor) used to carry property, including a trailer, a semitrailer, or the
property-carrying section of a single unit
truck.
(2) the length of the property-carrying units
of a commercial motor vehicle combination is
the length measured from the front of the first
property-carrying unit to the rear of the last
property-carrying unit.
(b) GENERAL LIMITATIONS.—A State may not
allow by any means the operation, on any segment of the Dwight D. Eisenhower System of
Interstate and Defense Highways and those
classes of qualifying Federal-aid Primary System highways designated by the Secretary of
Transportation under section 31111(e) of this
title, of any commercial motor vehicle combination (except a vehicle or load that cannot be dismantled easily or divided easily and that has
been issued a special permit under applicable
State law) with more than one property-carrying unit (not including the truck tractor) whose
property-carrying units are more than—
(1) the maximum combination trailer, semitrailer, or other type of length limitation allowed by law or regulation of that State before
June 2, 1991; or
(2) the length of the property-carrying units
of those commercial motor vehicle combinations, by specific configuration, in actual, lawful operation on a regular or periodic basis (including continuing seasonal operation) in that
State before June 2, 1991.
(c) SPECIAL RULES FOR WYOMING,
KA, AND IOWA.—In addition to the

OHIO, ALASvehicles allowed under subsection (b) of this section—

Page 439

TITLE 49—TRANSPORTATION

(1) Wyoming may allow the operation of additional vehicle configurations not in actual
operation on June 1, 1991, but authorized by
State law not later than November 3, 1992, if
the vehicle configurations comply with the
single axle, tandem axle, and bridge formula
limits in section 127(a) of title 23 and are not
more than 117,000 pounds gross vehicle weight;
(2) Ohio may allow the operation of commercial motor vehicle combinations with 3 property-carrying units of 28.5 feet each (not including the truck tractor) not in actual operation on June 1, 1991, to be operated in Ohio on
the 1-mile segment of Ohio State Route 7 that
begins at and is south of exit 16 of the Ohio
Turnpike;
(3) Alaska may allow the operation of commercial motor vehicle combinations that were
not in actual operation on June 1, 1991, but
were in actual operation before July 6, 1991;
and
(4) Iowa may allow the operation on Interstate Route 29 between Sioux City, Iowa, and
the border between Iowa and South Dakota or
on Interstate Route 129 between Sioux City,
Iowa, and the border between Iowa and Nebraska of commercial motor vehicle combinations with trailer length, semitrailer length,
and property-carrying unit length allowed by
law or regulation and in actual lawful operation on a regular or periodic basis (including
continued seasonal operation) in South Dakota or Nebraska, respectively, before June 2,
1991.
(d) ADDITIONAL LIMITATIONS.—(1) A commercial motor vehicle combination whose operation
in a State is not prohibited under subsections
(b) and (c) of this section may continue to operate in the State on highways described in subsection (b) only if at least in compliance with all
State laws, regulations, limitations, and conditions, including routing-specific and configuration-specific designations and all other restrictions in force in the State on June 1, 1991. However, subject to regulations prescribed by the
Secretary under subsection (g)(2) of this section,
the State may make minor adjustments of a
temporary and emergency nature to route designations and vehicle operating restrictions in
effect on June 1, 1991, for specific safety purposes and road construction.
(2) This section does not prevent a State from
further restricting in any way or prohibiting the
operation of any commercial motor vehicle combination subject to this section, except that a
restriction or prohibition shall be consistent
with this section and sections 31113(a) and (b)
and 31114 of this title.
(3) A State making a minor adjustment of a
temporary and emergency nature as authorized
by paragraph (1) of this subsection or further restricting or prohibiting the operation of a commercial motor vehicle combination as authorized by paragraph (2) of this subsection shall advise the Secretary not later than 30 days after
the action. The Secretary shall publish a notice
of the action in the Federal Register.
(4) 1 Nebraska may continue to allow to be operated under paragraphs (b)(1) and (b)(2) of this
1 See

1996 Amendment note below.

§ 31112

section,2 the State of Nebraska may allow
longer combination vehicles that were not in actual operation on June 1, 1991 to be operated
within its boundaries to transport sugar beets
from the field where such sugar beets are harvested to storage, market, factory or stockpile
or from stockpile to storage, market or factory.
This provision shall expire on February 28, 1998.
(e) LIST OF STATE LENGTH LIMITATIONS.—(1)
Not later than February 16, 1992, each State
shall submit to the Secretary for publication a
complete list of State length limitations applicable to commercial motor vehicle combinations operating in the State on the highways described in subsection (b) of this section. The list
shall indicate the applicable State laws and regulations associated with the length limitations.
If a State does not submit the information as required, the Secretary shall complete and file the
information for the State.
(2) Not later than March 17, 1992, the Secretary
shall publish an interim list in the Federal Register consisting of all information submitted
under paragraph (1) of this subsection. The Secretary shall review for accuracy all information
submitted by a State under paragraph (1) and
shall solicit and consider public comment on the
accuracy of the information.
(3) A law or regulation may not be included on
the list submitted by a State or published by the
Secretary merely because it authorized, or could
have authorized, by permit or otherwise, the operation of commercial motor vehicle combinations not in actual operation on a regular or
periodic basis before June 2, 1991.
(4) Except as revised under this paragraph or
paragraph (5) of this subsection, the list shall be
published as final in the Federal Register not
later than June 15, 1992. In publishing the final
list, the Secretary shall make any revisions necessary to correct inaccuracies identified under
paragraph (2) of this subsection. After publication of the final list, commercial motor vehicle
combinations prohibited under subsection (b) of
this section may not operate on the Dwight D.
Eisenhower System of Interstate and Defense
Highways and other Federal-aid Primary System highways designated by the Secretary except as published on the list. The list may be
combined by the Secretary with the list required under section 127(d) of title 23.
(5) On the Secretary’s own motion or on request by any person (including a State), the Secretary shall review the list published under
paragraph (4) of this subsection. If the Secretary
decides there is reason to believe a mistake was
made in the accuracy of the list, the Secretary
shall begin a proceeding to decide whether a
mistake was made. If the Secretary decides
there was a mistake, the Secretary shall publish
the correction.
(f) LIMITATIONS ON STATUTORY CONSTRUCTION.—This section may not be construed—
(1) to allow the operation on any segment of
the Dwight D. Eisenhower System of Interstate and Defense Highways of a longer combination vehicle prohibited under section 127(d)
of title 23;
2 So

in original.

§ 31113

TITLE 49—TRANSPORTATION

(2) to affect in any way the operation of a
commercial motor vehicle having only one
property-carrying unit; or
(3) to affect in any way the operation in a
State of a commercial motor vehicle with
more than one property-carrying unit if the
vehicle was in actual operation on a regular or
periodic basis (including seasonal operation)
in that State before June 2, 1991, that was authorized under State law or regulation or lawful State permit.
(g) REGULATIONS.—(1) In carrying out this section only, the Secretary shall define by regulation loads that cannot be dismantled easily or
divided easily.
(2) Not later than June 15, 1992, the Secretary
shall prescribe regulations establishing criteria
for a State to follow in making minor adjustments under subsection (d) of this section.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 995;
Pub. L. 104–59, title III, § 312(a)(3), Nov. 28, 1995,
109 Stat. 584; Pub. L. 104–205, title III, § 352, Sept.
30, 1996, 110 Stat. 2980; Pub. L. 105–66, title III,
§ 343, Oct. 27, 1997, 111 Stat. 1449.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

31112(a)(1) ..

49 App.:2311(j)(7).

31112(a)(2) ..
31112(b) ......
31112(c) ......
31112(d) ......
31112(e) ......
31112(f) .......
31112(g)(1) ..
31112(g)(2) ..

49
49
49
49
49
49
49
49

Source (Statutes at Large)
Jan 6, 1983, Pub. L. 97–424, 96
Stat. 2159, § 411(j); added
Dec. 18, 1991, Pub. L.
102–240, § 4006(a), 105 Stat.
2148.

App.:2311(j)(3).
App.:2311(j)(1).
App.:2311(j)(2).
App.:2311(j)(4).
App.:2311(j)(5).
App.:2311(j)(6).
App.:2311(j)(9).
App.:2311(j)(8).

In this section, the word ‘‘property’’ is substituted for
‘‘cargo’’, and the word ‘‘law’’ is substituted for ‘‘statute’’, for consistency in the revised title. 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 subsections (b), before clause (1), and (g)(1), the
words ‘‘dismantled easily or divided easily’’ are substituted for ‘‘easily dismantled or divided’’ for clarity.
In subsection (e)(4), the words ‘‘Except as revised
under this paragraph or paragraph (5) of this subsection’’ are substituted for ‘‘Except as modified pursuant to subparagraph (B) or (E) of this subsection’’ for
clarity.
AMENDMENTS
1997—Subsec. (d)(4). Pub. L. 105–66 substituted ‘‘February 28, 1998’’ for ‘‘September 30, 1997’’.
1996—Subsec. (d)(4). Pub. L. 104–205, which directed
amendment of this section by adding a new subsection
designated par. (4) without specifying where, was executed by adding par. (4) to subsec. (d) to reflect the
probable intent of Congress.
1995—Subsec. (c). Pub. L. 104–59 substituted ‘‘Alaska,
and Iowa’’ for ‘‘and Alaska’’ in heading and added par.
(4).
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in title 23 sections 127, 141.

§ 31113. Width limitations
(a) GENERAL LIMITATIONS.—(1) Except as provided in subsection (e) of this section, a State
(except Hawaii) may not prescribe or enforce a

Page 440

regulation of commerce that imposes a vehicle
width limitation of more or less than 102 inches
on a commercial motor vehicle operating on—
(A) a segment of the Dwight D. Eisenhower
System of Interstate and Defense Highways
(except a segment exempted under subsection
(e) of this section);
(B) a qualifying Federal-aid highway designated by the Secretary of Transportation,
with traffic lanes designed to be at least 12
feet wide; or
(C) a qualifying Federal-aid Primary System
highway designated by the Secretary if the
Secretary decides the designation is consistent with highway safety.
(2) Notwithstanding paragraph (1) of this subsection, a State may continue to enforce a regulation of commerce in effect on April 6, 1983,
that applies to a commercial motor vehicle of
more than 102 inches in width, until the date on
which the State prescribes a regulation of commerce that complies with this subsection.
(3) A Federal-aid highway (except an interstate highway) not designated under this subsection on June 5, 1984, may be designated under
this subsection only with the agreement of the
chief executive officer of the State in which the
highway is located.
(b) EXCLUSION OF SAFETY AND ENERGY CONSERVATION DEVICES.—Width calculated under
this section does not include a safety or energy
conservation device the Secretary decides is
necessary for safe and efficient operation of a
commercial motor vehicle.
(c) SPECIAL USE PERMITS.—A State may grant
a special use permit to a commercial motor vehicle that is more than 102 inches in width.
(d) STATE ENFORCEMENT.—Consistent with this
section, a State may enforce a commercial
motor vehicle width limitation of 102 inches on
a segment of the Dwight D. Eisenhower System
of Interstate and Defense Highways (except a
segment exempted under subsection (e) of this
section) or other qualifying Federal-aid highway
designated by the Secretary.
(e) EXEMPTIONS.—(1) If the chief executive officer of a State, after consulting under paragraph
(2) of this subsection, decides a segment of the
Dwight D. Eisenhower System of Interstate and
Defense Highways is not capable of safely accommodating a commercial motor vehicle having the width provided in subsection (a) of this
section, the chief executive officer may notify
the Secretary of that decision and request the
Secretary to exempt that segment from subsection (a) to allow the State to impose a width
limitation of less than 102 inches for a vehicle
(except a bus) on that segment.
(2) Before making a decision under paragraph
(1) of this subsection, the chief executive officer
shall consult with units of local government in
the State in which the segment of the Dwight D.
Eisenhower System of Interstate and Defense
Highways is located and with the chief executive
officer of any adjacent State that may be directly affected by the exemption. As part of the
consultations, consideration shall be given to
any potential alternative route that serves the
area in which the segment is located and can
safely accommodate a commercial motor vehicle having the width provided for in subsection
(a) of this section.

Page 441

§ 31115

TITLE 49—TRANSPORTATION

(3) A chief executive officer’s notification
under this subsection must include specific evidence of safety problems supporting the officer’s
decision and the results of consultations about
alternative routes.
(4)(A) If the Secretary decides, on request of a
chief executive officer or on the Secretary’s own
initiative, a segment of the Dwight D. Eisenhower System of Interstate and Defense Highways is not capable of safely accommodating a
commercial motor vehicle having a width provided in subsection (a) of this section, the Secretary shall exempt the segment from subsection (a) to allow the State to impose a width
limitation of less than 102 inches for a vehicle
(except a bus) on that segment. Before making a
decision under this paragraph, the Secretary
shall consider any possible alternative route
that serves the area in which the segment is located.
(B) The Secretary shall make a decision about
a specific segment not later than 120 days after
the date of receipt of notification from a chief
executive officer under paragraph (1) of this subsection or the date on which the Secretary initiates action under subparagraph (A) of this paragraph, whichever is applicable. If the Secretary
finds the decision will not be made in time, the
Secretary immediately shall notify Congress,
giving the reasons for the delay, information
about the resources assigned, and the projected
date for the decision.
(C) Before making a decision, the Secretary
shall give an interested person notice and an opportunity for comment. If the Secretary exempts a segment under this subsection before
the final regulations under subsection (a) of this
section are prescribed, the Secretary shall include the exemption as part of the final regulations. If the Secretary exempts the segment
after the final regulations are prescribed, the
Secretary shall publish the exemption as an
amendment to the final regulations.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 997.)

United States Code. The words ‘‘a commercial motor
vehicle operating on’’ are added for clarity.
In subsection (b), the words ‘‘or energy conservation’’
are added for consistency with section 31111(d) of the
revised title and because of the reference to ‘‘efficient
operation’’.
In subsection (e)(4)(C), the word ‘‘amendment’’ is substituted for ‘‘revision’’ for consistency in the revised
title.
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 5112, 31112, 31114
of this title; title 23 section 127.

§ 31114. Access to the Interstate System
(a) PROHIBITION ON DENYING ACCESS.—A State
may not enact or enforce a law denying to a
commercial motor vehicle subject to this subchapter or subchapter I of this chapter reasonable access between—
(1) the Dwight D. Eisenhower System of
Interstate and Defense Highways (except a
segment exempted under section 31111(f) or
31113(e) of this title) and other qualifying Federal-aid Primary System highways designated
by the Secretary of Transportation; and
(2) terminals, facilities for food, fuel, repairs, and rest, and points of loading and unloading for household goods carriers, motor
carriers of passengers, or any truck tractorsemitrailer combination in which the semitrailer has a length of not more than 28.5 feet
and that generally operates as part of a vehicle combination described in section 31111(c) of
this title.
(b) EXCEPTION.—This section does not prevent
a State or local government from imposing reasonable restrictions, based on safety considerations, on a truck tractor-semitrailer combination in which the semitrailer has a length of not
more than 28.5 feet and that generally operates
as part of a vehicle combination described in
section 31111(c) of this title.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 999.)
HISTORICAL AND REVISION NOTES

HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

31113(a) ......

49 App.:2316(a), (f).

31113(b) ......

49 App.:2316(b).

31113(c) ......
31113(d) ......
31113(e) ......

49 App.:2316(c).
49 App.:2316(d).
49 App.:2316(e).

Source (Statutes at Large)
Jan. 6, 1983, Pub. L. 97–424,
96 Stat. 2097, § 416(a), (d),
(f); added Apr. 5, 1983, Pub.
L. 98–17, § 1(a), 97 Stat. 59;
Oct. 30, 1984, Pub. L.
98–554, §§ 103(1), 104(d), (e),
105, 98 Stat. 2830, 2831.
Jan. 6, 1983, Pub. L. 97–424,
96 Stat. 2097, § 416(b), (c);
added Apr. 5, 1983, Pub. L.
98–17, § 1(a), 97 Stat. 59.
Jan. 6, 1983, Pub. L. 97–424,
96 Stat. 2097, § 416(e);
added Oct. 30, 1984, Pub. L.
98–554, § 103(2), 98 Stat.
2830.

In this section, the word ‘‘commercial’’ is added before ‘‘motor vehicle’’ for consistency. 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 (a)(1), before clause (A), the text of 49
App.:2316(f) is omitted as obsolete. The word ‘‘prescribe’’ is substituted for ‘‘establish, maintain’’ for consistency in the revised title and with other titles of the

Revised
Section

Source (U.S. Code)

31114(a) ......

49 App.:2312(a).

31114(b) ......

49 App.:2312(b).

Source (Statutes at Large)
Jan. 6, 1983, Pub. L. 97–424,
§ 412, 96 Stat. 2160; Oct. 30,
1984,
Pub.
L.
98–554,
§§ 104(c), 106, 98 Stat. 2831,
2832; Dec. 18, 1991, Pub. L.
102–240,
§ 4006(b)(2),
105
Stat. 2151.

In subsection (a), the words ‘‘Dwight D. Eisenhower
System of Interstate and Defense Highways’’ are substituted for ‘‘Interstate and Defense Highway System’’
for consistency in the revised chapter.
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 31112 of this
title; title 23 section 127.

§ 31115. Enforcement
On the request of the Secretary of Transportation, the Attorney General shall bring a civil
action for appropriate injunctive relief to ensure
compliance with this subchapter or subchapter I
of this chapter. The action may be brought in a
district court of the United States in any State
in which the relief is required. On a proper show-

§ 31131

TITLE 49—TRANSPORTATION

ing, the court shall issue a temporary restraining order or preliminary or permanent injunction. An injunction under this section may order
a State or person to comply with this subchapter, subchapter I, or a regulation prescribed
under this subchapter or subchapter I.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 999.)
HISTORICAL AND REVISION NOTES
Revised
Section
31115 ..........

Source (U.S. Code)
49 App.:2313.

Source (Statutes at Large)
Jan. 6, 1983, Pub. L. 97–424,
§ 413, 96 Stat. 2160; Oct. 30,
1984, Pub. L. 98–554, § 214,
98 Stat. 2844.

The words ‘‘to assure compliance with the terms of
this chapter’’ and ‘‘In any action under this section’’
are omitted as surplus. The last sentence is substituted
for 49 App.:2313 (last sentence) for clarity and to eliminate unnecessary words.

SUBCHAPTER III—SAFETY REGULATION
SUBCHAPTER REFERRED TO IN OTHER SECTIONS
This subchapter is referred to in sections 507, 521, 526
of this title.

§ 31131. Purposes and findings
(a) PURPOSES.—The purposes of this subchapter are—
(1) to promote the safe operation of commercial motor vehicles;
(2) to minimize dangers to the health of operators of commercial motor vehicles and
other employees whose employment directly
affects motor carrier safety; and
(3) to ensure increased compliance with traffic laws and with the commercial motor vehicle safety and health regulations and standards prescribed and orders issued under this
chapter.
(b) FINDINGS.—Congress finds—
(1) it is in the public interest to enhance
commercial motor vehicle safety and thereby
reduce highway fatalities, injuries, and property damage;
(2) improved, more uniform commercial
motor vehicle safety measures and strengthened enforcement would reduce the number of
fatalities and injuries and the level of property damage related to commercial motor vehicle operations;
(3) enhanced protection of the health of commercial motor vehicle operators is in the public interest; and
(4) interested State governments can provide
valuable assistance to the United States Government in ensuring that commercial motor
vehicle operations are conducted safely and
healthfully.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 999.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

31131(a) ......

49 App.:2501.

31131(b) ......

49 App.:2502.

Source (Statutes at Large)
Oct. 30, 1984, Pub. L. 98–554,
§§ 202, 203, 98 Stat. 2832.

In subsection (a)(3), the words ‘‘this chapter’’ are substituted for ‘‘this Act’’ because title II of the Act of Oc-

Page 442

tober 30, 1984 (Public Law 98–554, 98 Stat. 2832), amended
and enacted provisions restated in this chapter.

§ 31132. Definitions
In this subchapter—
(1) ‘‘commercial motor vehicle’’ means a
self-propelled or towed vehicle used on the
highways in interstate commerce to transport
passengers or property, if the vehicle—
(A) has a gross vehicle weight rating or
gross vehicle weight of at least 10,001
pounds, whichever is greater;
(B) is designed or used to transport more
than 8 passengers (including the driver) for
compensation;
(C) is designed or used to transport more
than 15 passengers, including the driver, and
is not used to transport passengers for compensation; or
(D) is used in transporting material found
by the Secretary of Transportation to be
hazardous under section 5103 of this title and
transported in a quantity requiring placarding under regulations prescribed by the Secretary under section 5103.
(2) ‘‘employee’’ means an operator of a commercial motor vehicle (including an independent contractor when operating a commercial
motor vehicle), a mechanic, a freight handler,
or an individual not an employer, who—
(A) directly affects commercial motor vehicle safety in the course of employment;
and
(B) is not an employee of the United States
Government, a State, or a political subdivision of a State acting in the course of the
employment by the Government, a State, or
a political subdivision of a State.
(3) ‘‘employer’’—
(A) means a person engaged in a business
affecting interstate commerce that owns or
leases a commercial motor vehicle in connection with that business, or assigns an employee to operate it; but
(B) does not include the Government, a
State, or a political subdivision of a State.
(4) ‘‘interstate commerce’’ means trade, traffic, or transportation in the United States between a place in a State and—
(A) a place outside that State (including a
place outside the United States); or
(B) another place in the same State
through another State or through a place
outside the United States.
(5) ‘‘intrastate commerce’’ means trade,
traffic, or transportation in a State that is not
interstate commerce.
(6) ‘‘regulation’’ includes a standard or
order.
(7) ‘‘State’’ means a State of the United
States, the District of Columbia, and, in sections 31136 and 31140–31142 1 of this title, a political subdivision of a State.
(8) ‘‘State law’’ includes a law enacted by a
political subdivision of a State.
(9) ‘‘State regulation’’ includes a regulation
prescribed by a political subdivision of a
State.
1 See

References in Text note below.

Page 443

§ 31136

TITLE 49—TRANSPORTATION

(10) ‘‘United States’’ means the States of the
United States and the District of Columbia.

(10) perform other acts the Secretary considers appropriate.

(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1000;
Pub. L. 104–88, title I, § 104(f), Dec. 29, 1995, 109
Stat. 919; Pub. L. 105–178, title IV, § 4008(a), June
9, 1998, 112 Stat. 404.)

(b) CONSULTATION.—In conducting inspections
and investigations under subsection (a) of this
section, the Secretary shall consult, as appropriate, with employers and employees and their
authorized representatives and offer them a
right of accompaniment.
(c) DELEGATION.—The Secretary may delegate
to a State receiving a grant under section 31102
of this title those duties and powers related to
enforcement (including conducting investigations) of this subchapter and regulations prescribed under this subchapter that the Secretary
considers appropriate.

HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

31132 ..........

49 App.:2503.

Source (Statutes at Large)
Oct. 30, 1984, Pub. L. 98–554,
§ 204, 98 Stat. 2833.

The text of 49 App.:2503(6) is omitted as unnecessary
because of 1:1. The text of 49 App.:2503(8) is omitted as
surplus because the complete name of the Commercial
Motor Vehicle Safety Regulatory Review Panel is used
the first time the term appears in a section. The text
of 49 App.:2503(9) is omitted as surplus because the complete name of the Secretary of Transportation is used
the first time the term appears in a section.
REFERENCES IN TEXT

(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1001;
Pub. L. 105–178, title IV, § 4006(a), June 9, 1998, 112
Stat. 401.)
HISTORICAL AND REVISION NOTES

Section 31140 of this title, referred to in par. (7), was
repealed by Pub. L. 105–178, title IV, § 4008(d), June 9,
1998, 112 Stat. 404.

Revised
Section

Source (U.S. Code)

Source (Statutes at Large)

31133(a) ......

AMENDMENTS

49 App.:2510(a), (b)
(1st sentence).
49 App.:2510(c).
49 App.:2510(b) (last
sentence).

Oct. 30, 1984, Pub. L. 98–554,
§ 211, 98 Stat. 2841.

31133(b) ......
31133(c) ......

1998—Par. (1)(A). Pub. L. 105–178, § 4008(a)(1), inserted
‘‘or gross vehicle weight’’ after ‘‘rating’’ and
‘‘, whichever is greater’’ after ‘‘pounds’’.
Par. (1)(B). Pub. L. 105–178, § 4008(a)(2), which directed
substitution of ‘‘more than 8 passengers (including the
driver) for compensation;’’ for ‘‘passengers’’ and all
that follows through semicolon at end, was executed by
making the substitution for ‘‘passengers for compensation, but excluding vehicles providing taxicab service
and having a capacity of not more than 6 passengers
and not operated on a regular route or between specified places;’’ to reflect the probable intent of Congress.
1995—Par. (1)(B) to (D). Pub. L. 104–88 added subpars.
(B) and (C), redesignated former subpar. (C) as (D), and
struck out former subpar. (B) which read as follows: ‘‘is
designed to transport more than 15 passengers including the driver; or’’.

In subsection (a), the words before clause (1) are substituted for ‘‘In carrying out the Secretary’s functions
under this chapter, the Secretary is authorized to’’ and
‘‘to carry out the provisions of this chapter, or regulations issued pursuant to section 2302 of this Appendix’’
to eliminate unnecessary words. Clause (10) is substituted for ‘‘perform such acts . . . as the Secretary
determines necessary’’. The text of 49 App.:2510(a) is
omitted as covered by 49 App.:2510(b) (1st sentence).
In subsection (b), the words ‘‘In conducting inspections and investigations’’ are substituted for ‘‘To carry
out the Secretary’s inspection and investigation functions’’ to eliminate unnecessary words. The words ‘‘or
the Secretary’s agent’’ are omitted as unnecessary.

EFFECTIVE DATE OF 1995 AMENDMENT

1998—Subsec. (a)(1). Pub. L. 105–178 inserted ‘‘and
make contracts for’’ after ‘‘conduct’’.

Amendment by Pub. L. 104–88 effective Jan. 1, 1996,
see section 2 of Pub. L. 104–88, set out as an Effective
Date note under section 701 of this title.
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 521, 14503 of this
title.

§ 31133. General powers of the Secretary of
Transportation
(a) GENERAL.—In carrying out this subchapter
and regulations prescribed under section 31102 of
this title, the Secretary of Transportation
may—
(1) conduct and make contracts for inspections and investigations;
(2) compile statistics;
(3) make reports;
(4) issue subpenas;
(5) require production of records and property;
(6) take depositions;
(7) hold hearings;
(8) prescribe recordkeeping and reporting requirements;
(9) conduct or make contracts for studies,
development, testing, evaluation, and training; and

AMENDMENTS

[§ 31134. Repealed. Pub. L. 105–178, title IV,
§ 4008(c), June 9, 1998, 112 Stat. 404]
Section, Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1001; Pub. L. 104–287, § 5(9), Oct. 11, 1996, 110 Stat. 3389,
related to Commercial Motor Vehicle Safety Regulatory Review Panel.

§ 31135. Duties of employers and employees
Each employer and employee shall comply
with regulations on commercial motor vehicle
safety prescribed by the Secretary of Transportation under this subchapter that apply to the
employer’s or employee’s conduct.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1003.)
HISTORICAL AND REVISION NOTES
Revised
Section
31135 ..........

Source (U.S. Code)
49 App.:2504.

Source (Statutes at Large)
Oct. 30, 1984, Pub. L. 98–554,
§ 205, 98 Stat. 2834.

§ 31136. United States Government regulations
(a) MINIMUM SAFETY STANDARDS.—Subject to
section 30103(a) of this title, the Secretary of

§ 31136

TITLE 49—TRANSPORTATION

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) EXEMPTIONS.—The Secretary may grant in
accordance with section 31315 waivers and exemptions from, or conduct pilot programs with
respect to, any regulations prescribed under this
section.
(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,

Page 444

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.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1003;
Pub. L. 104–59, title III, § 344, Nov. 28, 1995, 109
Stat. 610; Pub. L. 104–287, § 5(60), Oct. 11, 1996, 110
Stat. 3394; Pub. L. 105–178, title IV, § 4007(c), June
9, 1998, 112 Stat. 403.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

31136(a) ......

49 App.:2505(a), (g).

31136(b) ......
31136(c) ......
31136(d) ......
31136(e) ......
31136(f) .......

49
49
49
49
49

App.:2505(b).
App.:2505(c).
App.:2505(d), (e).
App.:2505(f).
App.:2505(h).

Source (Statutes at Large)
Oct. 30, 1984, Pub. L. 98–554,
§ 206(a)–(g), 98 Stat. 2834.

Oct. 30, 1984, Pub. L. 98–554,
§ 206(h), 98 Stat. 2835; restated Nov. 18, 1988, Pub.
L. 100–690, § 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., § 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
1998—Subsec. (e). Pub. L. 105–178 amended heading
and text of subsec. (e) generally. Prior to amendment,
subsec. (e) consisted of pars. (1) to (3) relating to waivers.
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).
PROTECTION OF EXISTING EXEMPTIONS
Pub. L. 105–178, title IV, § 4007(d), June 9, 1998, 112
Stat. 404, provided that: ‘‘The amendments made by

Page 445

TITLE 49—TRANSPORTATION

this section [amending this section and section 31315 of
this title] shall not apply to or otherwise affect a waiver, exemption, or pilot program in effect on the day before the date of enactment of this Act [June 9, 1998]
under chapter 313 or section 31136(e) of title 49, United
States Code.’’
APPLICATION OF REGULATIONS TO CERTAIN COMMERCIAL
MOTOR VEHICLES
Pub. L. 105–178, title IV, § 4008(b), June 9, 1998, 112
Stat. 404, provided that: ‘‘Effective on the last day of
the 1-year period beginning on the date of enactment of
this Act [June 9, 1998], regulations prescribed under
section 31136 of title 49, United States Code, shall apply
to operators of commercial motor vehicles described in
section 31132(1)(B) of such title (as amended by subsection (a)) to the extent that those regulations did not
apply to those operators on the day before such effective date, except to the extent that the Secretary determines, through a rulemaking proceeding, that it is
appropriate to exempt such operators of commercial
motor vehicles from the application of those regulations.’’
IMPROVED INTERSTATE SCHOOL BUS SAFETY
Pub. L. 105–178, title IV, § 4024, June 9, 1998, 112 Stat.
416, provided that: ‘‘Not later than 6 months after the
date of enactment of this Act [June 9, 1998], the Secretary shall initiate a rulemaking proceeding to determine whether or not relevant commercial motor carrier safety regulations issued under section 31136 of
title 49, United States Code, should apply to all interstate school transportation operations by local educational agencies (as defined in section 14101 of the Elementary and Secondary Education Act of 1965 [20
U.S.C. 8801]).’’
FEDERAL HIGHWAY ADMINISTRATION RULEMAKING
Pub. L. 104–88, title IV, § 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

§ 31136

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.

§ 31137

TITLE 49—TRANSPORTATION

‘‘(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
Pub. L. 104–59, title III, § 346, Nov. 28, 1995, 109 Stat.
615, as amended by Pub. L. 105–178, title I, § 1211(j), June
9, 1998, 112 Stat. 192; Pub. L. 105–206, title IX, § 9003(d)(3),
July 22, 1998, 112 Stat. 839, 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—

Page 446

‘‘(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, 31141,
31142, 31146, 31315, 31502 of this title.

§ 31137. Monitoring device and brake maintenance regulations
(a) USE OF MONITORING DEVICES.—If the Secretary of Transportation prescribes a regulation
about the use of monitoring devices on commercial motor vehicles to increase compliance by
operators of the vehicles with hours of service
regulations of the Secretary, the regulation
shall ensure that the devices are not used to

Page 447

TITLE 49—TRANSPORTATION

harass vehicle operators. However, the devices
may be used to monitor productivity of the operators.
(b) BRAKES AND BRAKE SYSTEMS MAINTENANCE
REGULATIONS.—Not later than December 31, 1990,
the Secretary shall prescribe regulations on improved standards or methods to ensure that
brakes and brake systems of commercial motor
vehicles are maintained properly and inspected
by appropriate employees. At a minimum, the
regulations shall establish minimum training
requirements and qualifications for employees
responsible for maintaining and inspecting the
brakes and brake systems.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1004.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

31137(a) ......

49 App.:2505 (note).

31137(b) ......

49 App.:2521.

Source (Statutes at Large)
Nov. 18, 1988, Pub. L. 100–690,
§ 9104(b), 102 Stat. 4529.
Oct. 30, 1984, Pub. L. 98–554,
98 Stat. 2829, § 231; added
Nov. 18, 1988, Pub. L.
100–690, § 9110, 102 Stat.
4531.

In subsection (b), the text of 49 App.:2521(a) is omitted
as executed.

§ 31138. Minimum financial responsibility for
transporting passengers
(a) GENERAL REQUIREMENT.—The Secretary of
Transportation shall prescribe regulations to require minimum levels of financial responsibility
sufficient to satisfy liability amounts established by the Secretary covering public liability
and property damage for the transportation of
passengers for compensation by motor vehicle in
the United States between a place in a State
and—
(1) a place in another State;
(2) another place in the same State through
a place outside of that State; or
(3) a place outside the United States.
(b) MINIMUM AMOUNTS.—The level of financial
responsibility established under subsection (a)
of this section for a motor vehicle with a seating
capacity of—
(1) at least 16 passengers shall be at least
$5,000,000; and
(2) not more than 15 passengers shall be at
least $1,500,000.
(c) EVIDENCE OF FINANCIAL RESPONSIBILITY.—
(1) Subject to paragraph (2) of this subsection,
financial responsibility may be established by
evidence of one or a combination of the following if acceptable to the Secretary of Transportation:
(A) insurance, including high self-retention.
(B) a guarantee.
(C) a surety bond issued by a bonding company authorized to do business in the United
States.
(2) A person domiciled in a country contiguous
to the United States and providing transportation to which a minimum level of financial responsibility under this section applies shall have
evidence of financial responsibility in the motor
vehicle when the person is providing the trans-

§ 31138

portation. If evidence of financial responsibility
is not in the vehicle, the Secretary of Transportation and the Secretary of the Treasury shall
deny entry of the vehicle into the United States.
(3) A motor carrier may obtain the required
amount of financial responsibility from more
than one source provided the cumulative
amount is equal to the minimum requirements
of this section.
(d) CIVIL PENALTY.—(1) If, after notice and an
opportunity for a hearing, the Secretary of
Transportation finds that a person (except an
employee acting without knowledge) has knowingly violated this section or a regulation prescribed under this section, the person is liable to
the United States Government for a civil penalty of not more than $10,000 for each violation.
A separate violation occurs for each day the violation continues.
(2) The Secretary of Transportation shall impose the penalty by written notice. In determining the amount of the penalty, the Secretary
shall consider—
(A) the nature, circumstances, extent, and
gravity of the violation;
(B) with respect to the violator, the degree
of culpability, any history of prior violations,
the ability to pay, and any effect on the ability to continue doing business; and
(C) other matters that justice requires.
(3) The Secretary of Transportation may compromise the penalty before referring the matter
to the Attorney General for collection.
(4) The Attorney General shall bring a civil action in an appropriate district court of the
United States to collect a penalty referred to
the Attorney General for collection under this
subsection.
(5) The amount of the penalty may be deducted from amounts the Government owes the
person. An amount collected under this section
shall be deposited in the Treasury as miscellaneous receipts.
(e) NONAPPLICATION.—This section does not
apply to a motor vehicle—
(1) transporting only school children and
teachers to or from school;
(2) providing taxicab service, having a seating capacity of not more than 6 passengers,
and not being operated on a regular route or
between specified places;
(3) carrying not more than 15 individuals in
a single, daily round trip to and from work; or
(4) providing transportation service within a
transit service area under an agreement with
a Federal, State, or local government funded,
in whole or in part, with a grant under section
5307, 5310, or 5311, including transportation designed and carried out to meet the special
needs of elderly individuals and individuals
with disabilities; except that, in any case in
which the transit service area is located in
more than 1 State, the minimum level of financial responsibility for such motor vehicle
will be at least the highest level required for
any of such States.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1005;
Pub. L. 104–88, title I, § 104(c), (d), Dec. 29, 1995,
109 Stat. 919.)

§ 31139

TITLE 49—TRANSPORTATION
HISTORICAL AND REVISION NOTES

Revised
Section

Source (U.S. Code)

31138(a) ......

49:10927 (note).

31138(b) ......

49:10927 (note).

31138(c) ......

49:10927 (note).

31138(d) ......

49:10927 (note).

31138(e) ......

49:10927 (note).

Source (Statutes at Large)
Sept. 20, 1982, Pub. L. 97–261,
§ 18(a), 96 Stat. 1121.
Sept. 20, 1982, Pub. L. 97–261,
§ 18(b), (c), 96 Stat. 1121.
Sept. 20, 1982, Pub. L. 97–261,
§ 18(d), 96 Stat. 1121; Oct.
30, 1984, Pub. L. 98–554,
§ 224, 98 Stat. 2847.
Sept. 20, 1982, Pub. L. 97–261,
§ 18(e), 96 Stat. 1122.
Sept. 20, 1982, Pub. L. 97–261,
§ 18(f), (g), 96 Stat. 1122.

In subsection (b), before clause (1), the text of section
18(b)(1) (words beginning with ‘‘except’’) and (2) (words
beginning with ‘‘except’’) and (c) of the Bus Regulatory
Reform Act of 1982 (Public Law 97–261, 96 Stat. 1121) is
omitted as expired. The word ‘‘minimal’’ is omitted as
surplus.
In subsection (c)(1), the words ‘‘The Secretary shall
establish, by regulation, methods and procedures to assure compliance with this section’’ are omitted as surplus.
In subsection (d)(4), the words ‘‘The Attorney General
shall bring a civil action . . . to collect a penalty referred to the Attorney General for collection under this
subsection’’ are substituted for ‘‘Such civil penalty
may be recovered in an action brought by the Attorney
General on behalf of the United States’’ for consistency
in the revised title.
In subsection (d)(5), the words ‘‘when finally determined (or agreed upon in compromise)’’ are omitted as
surplus.
In subsection (e), before clause (1), the text of section
18(g) of the Bus Regulatory Reform Act of 1982 (Public
Law 97–261, 96 Stat. 1122) is omitted as unnecessary because of the restatement.
AMENDMENTS
1995—Subsec. (c)(3). Pub. L. 104–88, § 104(c), added par.
(3).
Subsec. (e)(4). Pub. L. 104–88, § 104(d), added par. (4).
EFFECTIVE DATE OF 1995 AMENDMENT
Amendment by Pub. L. 104–88 effective Jan. 1, 1996,
see section 2 of Pub. L. 104–88, set out as an Effective
Date note under section 701 of this title.
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 507, 521, 526,
10927, 13101, 13902, 13906, 31102 of this title.

§ 31139. Minimum financial responsibility for
transporting property
(a) DEFINITIONS.—In this section—
(1) ‘‘farm vehicle’’ means a vehicle—
(A) designed or adapted and used only for
agriculture;
(B) operated by a motor private carrier (as
defined in section 10102 of this title); and
(C) operated only incidentally on highways.
(2) ‘‘interstate commerce’’ includes transportation between a place in a State and a
place outside the United States, to the extent
the transportation is in the United States.
(3) ‘‘State’’ means a State of the United
States, the District of Columbia, Puerto Rico,
the Virgin Islands, American Samoa, Guam,
and the Northern Mariana Islands.
(b) GENERAL REQUIREMENT AND MINIMUM
AMOUNT.—(1) The Secretary of Transportation
shall prescribe regulations to require minimum
levels of financial responsibility sufficient to

Page 448

satisfy liability amounts established by the Secretary covering public liability, property damage, and environmental restoration for the
transportation of property for compensation by
motor vehicle in the United States between a
place in a State and—
(A) a place in another State;
(B) another place in the same State through
a place outside of that State; or
(C) a place outside the United States.
(2) The level of financial responsibility established under paragraph (1) of this subsection
shall be at least $750,000.
(c) REQUIREMENTS FOR HAZARDOUS MATTER AND
OIL.—(1) The Secretary of Transportation shall
prescribe regulations to require minimum levels
of financial responsibility sufficient to satisfy
liability amounts established by the Secretary
covering public liability, property damage, and
environmental restoration for the transportation by motor vehicle in interstate or intrastate commerce of—
(A) hazardous material (as defined by the
Secretary);
(B) oil or hazardous substances (as defined
by the Administrator of the Environmental
Protection Agency); or
(C) hazardous wastes (as defined by the Administrator).
(2)(A) Except as provided in subparagraph (B)
of this paragraph, the level of financial responsibility established under paragraph (1) of this
subsection shall be at least $5,000,000 for the
transportation—
(i) of hazardous substances (as defined by the
Administrator) in cargo tanks, portable tanks,
or hopper-type vehicles, with capacities of
more than 3,500 water gallons;
(ii) in bulk of class A explosives, poison gas,
liquefied gas, or compressed gas; or
(iii) of large quantities of radioactive material.
(B) The Secretary of Transportation by regulation may reduce the minimum level in subparagraph (A) of this paragraph (to an amount
not less than $1,000,000) for transportation described in subparagraph (A) in any of the territories of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana
Islands if—
(i) the chief executive officer of the territory
requests the reduction;
(ii) the reduction will prevent a serious disruption in transportation service and will not
adversely affect public safety; and
(iii) insurance of $5,000,000 is not readily
available.
(3) The level of financial responsibility established under paragraph (1) of this subsection for
the transportation of a material, oil, substance,
or waste not subject to paragraph (2) of this subsection shall be at least $1,000,000. However, if
the Secretary of Transportation finds it will not
adversely affect public safety, the Secretary by
regulation may reduce the amount for—
(A) a class of vehicles transporting such a
material, oil, substance, or waste in intrastate
commerce (except in bulk); and
(B) a farm vehicle transporting such a material or substance in interstate commerce (except in bulk).

Page 449

§ 31139

TITLE 49—TRANSPORTATION

(d) FOREIGN MOTOR CARRIERS AND PRIVATE
CARRIERS.—Regulations prescribed under this
section may allow foreign motor carriers and
foreign motor private carriers (as those terms
are defined in section 10530 of this title) providing transportation of property under a certificate of registration issued under section 10530 to
meet the minimum levels of financial responsibility under this section only when those carriers are providing transportation for property
in the United States.
(e) EVIDENCE OF FINANCIAL RESPONSIBILITY.—
(1) Subject to paragraph (2) of this subsection,
financial responsibility may be established by
evidence of one or a combination of the following if acceptable to the Secretary of Transportation:
(A) insurance.
(B) a guarantee.
(C) a surety bond issued by a bonding company authorized to do business in the United
States.
(D) qualification as a self-insurer.
(2) A person domiciled in a country contiguous
to the United States and providing transportation to which a minimum level of financial responsibility under this section applies shall have
evidence of financial responsibility in the motor
vehicle when the person is providing the transportation. If evidence of financial responsibility
is not in the vehicle, the Secretary of Transportation and the Secretary of the Treasury shall
deny entry of the vehicle into the United States.
(3) A motor carrier may obtain the required
amount of financial responsibility from more
than one source provided the cumulative
amount is equal to the minimum requirements
of this section.
(f) CIVIL PENALTY.—(1) If, after notice and an
opportunity for a hearing, the Secretary of
Transportation finds that a person (except an
employee acting without knowledge) has knowingly violated this section or a regulation prescribed under this section, the person is liable to
the United States Government for a civil penalty of not more than $10,000 for each violation.
A separate violation occurs for each day the violation continues.
(2) The Secretary of Transportation shall impose the penalty by written notice. In determining the amount of the penalty, the Secretary
shall consider—
(A) the nature, circumstances, extent, and
gravity of the violation;
(B) with respect to the violator, the degree
of culpability, any history of prior violations,
the ability to pay, and any effect on the ability to continue doing business; and
(C) other matters that justice requires.
(3) The Secretary of Transportation may compromise the penalty before referring the matter
to the Attorney General for collection.
(4) The Attorney General shall bring a civil action in an appropriate district court of the
United States to collect a penalty referred to
the Attorney General for collection under this
subsection.
(5) The amount of the penalty may be deducted from amounts the Government owes the
person. An amount collected under this section

shall be deposited in the Treasury as miscellaneous receipts.
(g) NONAPPLICATION.—This section does not
apply to a motor vehicle having a gross vehicle
weight rating of less than 10,000 pounds if the vehicle is not used to transport in interstate or
foreign commerce—
(1) class A or B explosives;
(2) poison gas; or
(3) a large quantity of radioactive material.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1006;
Pub. L. 104–88, title I, § 104(e), Dec. 29, 1995, 109
Stat. 919.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

31139(a) ......

49:10927 (note).

31139(b) ......

49:10927 (note).

31139(c) ......

49:10927 (note).

31139(d) ......

49:10927 (note).

31139(e) ......

49:10927 (note).

31139(f) .......

49:10927 (note).

31139(g) ......

49:10927 (note).

Source (Statutes at Large)
July 1, 1980, Pub. L. 96–296,
§ 30(h), 94 Stat. 823; Jan. 6,
1983,
Pub.
L.
97–424,
§ 406(c), 96 Stat. 2159; Oct.
30, 1984, Pub. L. 98–554,
§ 222(b), 98 Stat. 2847; Nov.
18, 1988, Pub. L. 100–690,
§ 9112, 102 Stat. 4534.
July 1, 1980, Pub. L. 96–296,
§ 30(a), 94 Stat. 820; Jan. 6,
1983,
Pub.
L.
97–424,
§ 406(a), 96 Stat. 2158.
July 1, 1980, Pub. L. 96–296,
§ 30(b), 94 Stat. 821; Jan. 6,
1983,
Pub.
L.
97–424,
§ 406(a), 96 Stat. 2158; Oct.
30, 1984, Pub. L. 98–554,
§ 222(a), 98 Stat. 2846; Nov.
16, 1990, Pub. L. 101–615,
§ 23, 104 Stat. 3272.
July 1, 1980, Pub. L. 96–296,
94 Stat. 793, § 30(g); added
Nov. 18, 1988, Pub. L.
100–690, § 9112, 102 Stat.
4534.
July 1, 1980, Pub. L. 96–296,
§ 30(c), 94 Stat. 822; Jan. 6,
1983,
Pub.
L.
97–424,
§ 406(b), 96 Stat. 2158.
July 1, 1980, Pub. L. 96–296,
§ 30(e), 94 Stat. 822.
July 1, 1980, Pub. L. 96–296,
§ 30(d), 94 Stat. 822.
July 1, 1980, Pub. L. 96–296,
§ 30(f), 94 Stat. 823; Jan. 6,
1983,
Pub.
L.
97–424,
§ 406(d), 96 Stat. 2159.

In subsection (a), before clause (1), the text of section
30(h)(3) of the Motor Carrier Act of 1980 (Public Law
96–296, 94 Stat. 823) is omitted as surplus because the
complete name of the Secretary of Transportation is
used the first time the term appears in a section. In
clause (3), the words ‘‘(including its use in the terms
‘interstate’ and ‘intrastate’)’’ are omitted as surplus.
In subsections (b)(2) and (c)(2) and (3), the word
‘‘minimal’’ is omitted as surplus.
In subsection (b)(2), the words ‘‘for any vehicle’’ are
omitted as surplus. The words beginning with ‘‘except’’
are omitted as expired. The text of section 30(a)(3) of
the Act (Public Law 96–296, 94 Stat. 821) is omitted because the regulations have been issued. See 49 C.F.R.
part 387.
In subsection (c)(2), the text of section 30(b)(2)(B) of
the Act (Public Law 96–296, 94 Stat. 821) is omitted as
expired.
In subsection (c)(3), before clause (A), the text of section 30(b)(3)(A) of the Act (Public Law 96–296, 94 Stat.
821) is omitted as expired. The text of section 30(b)(4) of
the Act (Public Law 96–296, 94 Stat. 822) is omitted because the regulations have been issued. See 49 C.F.R.
part 387. The words ‘‘for any vehicle . . . in interstate
or intrastate commerce’’ are omitted as unnecessary
because of the reference to paragraph (1).
In subsection (e)(1), the words ‘‘The Secretary shall
establish, by regulation, methods and procedures to assure compliance with this section’’ are omitted as surplus. The text of section 30(e) of the Act (Public Law
96–296, 94 Stat. 822) is omitted as executed.

[§ 31140

TITLE 49—TRANSPORTATION

In subsection (f)(4), the words ‘‘The Attorney General
shall bring a civil action . . . to collect a penalty referred to the Attorney General for collection under this
subsection’’ are substituted for ‘‘Such civil penalty
may be recovered in an action brought by the Attorney
General on behalf of the United States’’ for consistency
in the revised title.
In subsection (f)(5), the words ‘‘when finally determined (or agreed upon in compromise)’’ are omitted as
surplus.
In subsection (g)(1) and (2), the words ‘‘any quantity
of’’ are omitted as surplus.
AMENDMENTS
1995—Subsec. (e)(3). Pub. L. 104–88 added par. (3).
EFFECTIVE DATE OF 1995 AMENDMENT
Amendment by Pub. L. 104–88 effective Jan. 1, 1996,
see section 2 of Pub. L. 104–88, set out as an Effective
Date note under section 701 of this title.
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 507, 521, 526,
10927, 13906, 31102 of this title; title 42 section 9608.

[§ 31140. Repealed. Pub. L. 105–178, title IV,
§ 4008(d), June 9, 1998, 112 Stat. 404]
Section, Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1008, related to submission of State laws and regulations for review by Secretary of Transportation and
Commercial Motor Vehicle Safety Regulatory Review
Panel.

§ 31141. Review and preemption of State laws
and regulations
(a) PREEMPTION AFTER DECISION.—A State may
not enforce a State law or regulation on commercial motor vehicle safety that the Secretary
of Transportation decides under this section
may not be enforced.
(b) SUBMISSION OF REGULATION.—A State receiving funds made available under section 31104
that enacts a State law or issues a regulation on
commercial motor vehicle safety shall submit a
copy of the law or regulation to the Secretary
immediately after the enactment or issuance.
(c) REVIEW AND DECISIONS BY SECRETARY.—
(1) REVIEW.—The Secretary shall review
State laws and regulations on commercial
motor vehicle safety. The Secretary shall decide whether the State law or regulation—
(A) has the same effect as a regulation prescribed by the Secretary under section 31136;
(B) is less stringent than such regulation;
or
(C) is additional to or more stringent than
such regulation.
(2) REGULATIONS WITH SAME EFFECT.—If the
Secretary decides a State law or regulation
has the same effect as a regulation prescribed
by the Secretary under section 31136 of this
title, the State law or regulation may be enforced.
(3) LESS STRINGENT REGULATIONS.—If the
Secretary decides a State law or regulation is
less stringent than a regulation prescribed by
the Secretary under section 31136 of this title,
the State law or regulation may not be enforced.
(4) ADDITIONAL OR MORE STRINGENT REGULATIONS.—If the Secretary decides a State law or
regulation is additional to or more stringent

Page 450

than a regulation prescribed by the Secretary
under section 31136 of this title, the State law
or regulation may be enforced unless the Secretary also decides that—
(A) the State law or regulation has no
safety benefit;
(B) the State law or regulation is incompatible with the regulation prescribed by the
Secretary; or
(C) enforcement of the State law or regulation would cause an unreasonable burden on
interstate commerce.
(5) CONSIDERATION OF EFFECT ON INTERSTATE
COMMERCE.—In deciding under paragraph (4)
whether a State law or regulation will cause
an unreasonable burden on interstate commerce, the Secretary may consider the effect
on interstate commerce of implementation of
that law or regulation with the implementation of all similar laws and regulations of
other States.
(d) WAIVERS.—(1) A person (including a State)
may petition the Secretary for a waiver of a decision of the Secretary that a State law or regulation may not be enforced under this section.
The Secretary shall grant the waiver, as expeditiously as possible, if the person demonstrates
to the satisfaction of the Secretary that the
waiver is consistent with the public interest and
the safe operation of commercial motor vehicles.
(2) Before deciding whether to grant or deny a
petition for a waiver under this subsection, the
Secretary shall give the petitioner an opportunity for a hearing on the record.
(e) WRITTEN NOTICE OF DECISIONS.—Not later
than 10 days after making a decision under subsection (c) of this section that a State law or
regulation may not be enforced, the Secretary
shall give written notice to the State of that decision.
(f) JUDICIAL REVIEW AND VENUE.—(1) Not later
than 60 days after the Secretary makes a decision under subsection (c) of this section, or
grants or denies a petition for a waiver under
subsection (d) of this section, a person (including a State) adversely affected by the decision,
grant, or denial may file a petition for judicial
review. The petition may be filed in the court of
appeals of the United States for the District of
Columbia Circuit or in the court of appeals of
the United States for the circuit in which the
person resides or has its principal place of business.
(2) The court has jurisdiction to review the decision, grant, or denial and to grant appropriate
relief, including interim relief, as provided in
chapter 7 of title 5.
(3) A judgment of a court under this subsection may be reviewed only by the Supreme
Court under section 1254 of title 28.
(4) The remedies provided for in this subsection are in addition to other remedies provided by law.
(g) INITIATING REVIEW PROCEEDINGS.—To review a State law or regulation on commercial
motor vehicle safety under this section, the Secretary may initiate a regulatory proceeding on
the Secretary’s own initiative or on petition of
an interested person (including a State).

Page 451

TITLE 49—TRANSPORTATION

(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1008;
Pub. L. 105–178, title IV, § 4008(e), June 9, 1998, 112
Stat. 404.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

31141(a) ......

49 App.:2507(a).

31141(b) ......
31141(c) ......
31141(d) ......
31141(e) ......
31141(f) .......
31141(g) ......
31141(h) ......

49
49
49
49
49
49
49

App.:2507(b).
App.:2507(c).
App.:2507(d).
App.:2507(e).
App.:2507(f).
App.:2507(g).
App.:2507(h).

Source (Statutes at Large)
Oct. 30, 1984, Pub. L. 98–554,
§ 208(a)–(g), (i), 98 Stat.
2836, 2838.

Oct. 30, 1984, Pub. L. 98–554,
§ 208(h), 98 Stat. 2838; Nov.
18, 1988, Pub. L. 100–690,
§ 9109, 102 Stat. 4530.

49 App.:2507(i).

In this section, language about whether a State law
or regulation may be ‘‘in effect’’ is omitted as redundant to language about whether it may be ‘‘enforced’’.
The words ‘‘regulatory proceeding’’ are substituted for
‘‘rulemaking proceeding’’ for consistency in the revised
title and because ‘‘rule’’ is synonymous with ‘‘regulation’’.
In subsection (a), the words ‘‘with respect to commercial motor vehicles’’ are omitted as surplus.
In subsection (b)(1), the words ‘‘Not later than 18
months after October 30, 1984, and . . . thereafter’’ are
omitted as obsolete.
In subsection (g)(1), the words ‘‘court of appeals of
the United States for the District of Columbia Circuit’’
are substituted for ‘‘United States court of appeals for
the District of Columbia’’ to be more precise.
In subsection (g)(2), the words ‘‘Upon the filing of a
petition under paragraph (1) of this subsection’’ are
omitted as surplus.
Subsection (g)(3) is substituted for 49 App.:2507(g)(3)
for consistency in this part and to eliminate unnecessary words.
In subsection (h), the text of 49 App.:2507(h) and the
words ‘‘After the last day of the 48-month period beginning on October 30, 1984’’ are omitted as obsolete.
AMENDMENTS
1998—Subsecs. (b), (c). Pub. L. 105–178, § 4008(e)(1),
added subsecs. (b) and (c) and struck out headings and
text of former subsecs. (b) and (c) which related to
analysis and decisions by Commercial Motor Vehicle
Safety Regulatory Review Panel and to review and decisions by Secretary, respectively.
Subsecs. (e) to (h). Pub. L. 105–178, § 4008(e)(2), (3), redesignated subsecs. (f) to (h) as (e) to (g), respectively,
and struck out heading and text of former subsec. (e).
Text read as follows: ‘‘The Secretary may consolidate
regulatory proceedings under this section if the Secretary decides that the consolidation will not adversely
affect a party to a proceeding.’’
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 31132 of this
title.

§ 31142. Inspection of vehicles
(a) INSPECTION OF SAFETY EQUIPMENT.—On the
instruction of an authorized enforcement official of a State or of the United States Government, a commercial motor vehicle is required to
pass an inspection of all safety equipment required under the regulations issued under section 31136.
(b) INSPECTION OF VEHICLES AND RECORD RETENTION.—The Secretary of Transportation shall
prescribe regulations on Government standards
for inspection of commercial motor vehicles and

§ 31142

retention by employers of records of an inspection. The standards shall provide for annual or
more frequent inspections of a commercial
motor vehicle unless the Secretary finds that
another inspection system is as effective as an
annual or more frequent inspection system. Regulations prescribed under this subsection are
deemed to be regulations prescribed under section 31136 of this title.
(c) PREEMPTION.—(1) Except as provided in
paragraph (2) of this subsection, this subchapter
and section 31102 of this title do not—
(A) prevent a State or voluntary group of
States from imposing more stringent standards for use in their own periodic roadside inspection programs of commercial motor vehicles;
(B) prevent a State from enforcing a program for inspection of commercial motor vehicles that the Secretary decides is as effective
as the Government standards prescribed under
subsection (b) of this section;
(C) prevent a State from participating in the
activities of a voluntary group of States enforcing a program for inspection of commercial motor vehicles; or
(D) require a State that is enforcing a program described in clause (B) or (C) of this
paragraph to enforce a Government standard
prescribed under subsection (b) of this section
or to adopt a provision on inspection of commercial motor vehicles in addition to that program to comply with the Government standards.
(2) The Government standards prescribed
under subsection (b) of this section shall preempt a program of a State described in paragraph (1)(C) of this subsection as the program
applies to the inspection of commercial motor
vehicles in that State. The State may not enforce the program if the Secretary—
(A) decides, after notice and an opportunity
for a hearing, that the State is not enforcing
the program in a way that achieves the objectives of this section; and
(B) after making a decision under clause (A)
of this paragraph, provides the State with a 6month period to improve the enforcement of
the program to achieve the objectives of this
section.
(d) INSPECTION TO BE ACCEPTED AS ADEQUATE
ALL STATES.—A periodic inspection of a commercial motor vehicle under the Government
standards prescribed under subsection (b) of this
section or a program described in subsection
(c)(1)(B) or (C) of this section that is being enforced shall be recognized as adequate in every
State for the period of the inspection. This subsection does not prohibit a State from making
random inspections of commercial motor vehicles.
(e) EFFECT OF GOVERNMENT STANDARDS.—The
Government standards prescribed under subsection (b) of this section may not be enforced
as the standards apply to the inspection of commercial motor vehicles in a State enforcing a
program described in subsection (c)(1)(B) or (C)
of this section if the Secretary decides that it is
in the public interest and consistent with public
safety for the Government standards not to be
enforced as they apply to that inspection.
IN

§ 31143

TITLE 49—TRANSPORTATION

(f) APPLICATION OF STATE REGULATIONS TO
GOVERNMENT-LEASED VEHICLES AND OPERATORS.—A State receiving financial assistance
under section 31102 of this title in a fiscal year
may enforce in that fiscal year a regulation on
commercial motor vehicle safety adopted by the
State as the regulation applies to commercial
motor vehicles and operators leased to the Government.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1010;
Pub. L. 105–178, title IV, § 4008(f), (g), June 9,
1998, 112 Stat. 405.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

31142(a) ......

49 App.:2509(a).

31142(b) ......
31142(c) ......
31142(d) ......
31142(e) ......
31142(f) .......

49
49
49
49
49

App.:2509(b), (c).
App.:2509(d).
App.:2509(e).
App.:2509(f).
App.:2509(g).

Source (Statutes at Large)
Oct. 30, 1984, Pub. L. 98–554,
§ 210(a)–(f), 98 Stat. 2839.

Oct. 30, 1984, Pub. L. 98–554,
98 Stat. 2829, § 210(g);
added Nov. 16, 1990, Pub.
L. 101–615, § 24, 104 Stat.
3273.

In this section, language about whether a State law
or regulation may be ‘‘in effect’’ is omitted as redundant to language about whether it may be ‘‘enforced’’.
In subsection (b), the words ‘‘shall prescribe regulations on’’ are substituted for ‘‘shall, by rule, establish’’
for consistency in the revised title and with other titles
of the United States Code and because ‘‘rule’’ is synonymous with ‘‘regulation’’. The words ‘‘For purposes
of this chapter’’ are omitted as unnecessary. The text
of 49 App.:2509(c) is omitted as executed.
In subsection (c)(1), before clause (A), the words ‘‘this
subchapter and section 31102 of this title do not’’ are
substituted for ‘‘nothing in section 2302 of this Appendix or section 2507 of this Appendix or any other provision of this chapter shall be construed as’’ to eliminate
unnecessary words.
AMENDMENTS
1998—Subsec. (a). Pub. L. 105–178, § 4008(f), substituted
‘‘the regulations issued under section 31136’’ for ‘‘part
393 of title 49, Code of Federal Regulations’’.
Subsec. (c)(1)(C). Pub. L. 105–178, § 4008(g), amended
subpar. (C) generally. Prior to amendment, subpar. (C)
read as follows: ‘‘prevent a State from enforcing a program for inspection of commercial motor vehicles that
meets the requirements for membership in the Commercial Vehicle Safety Alliance, as those requirements
were in effect on October 30, 1984; or’’.
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 31132 of this
title.

§ 31143. Investigating complaints and protecting
complainants
(a) INVESTIGATING COMPLAINTS.—The Secretary
of Transportation shall conduct a timely investigation of a nonfrivolous written complaint alleging that a substantial violation of a regulation prescribed under this subchapter is occurring or has occurred within the prior 60 days.
The Secretary shall give the complainant timely
notice of the findings of the investigation. The
Secretary is not required to conduct separate investigations of duplicative complaints.
(b)
PROTECTING
COMPLAINANTS.—Notwithstanding section 552 of title 5, the Secretary
may disclose the identity of a complainant only
if disclosure is necessary to prosecute a viola-

Page 452

tion. If disclosure becomes necessary, the Secretary shall take every practical means within
the Secretary’s authority to ensure that the
complainant is not subject to harassment, intimidation, disciplinary action, discrimination,
or financial loss because of the disclosure.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1012.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

31143(a) ......

49 App.:2511(a).

31143(b) ......

49 App.:2511(b).

Source (Statutes at Large)
Oct. 30, 1984, Pub. L. 98–554,
§ 212, 98 Stat. 2841.

TELEPHONE HOTLINE FOR REPORTING SAFETY
VIOLATIONS
Pub. L. 105–178, title IV, § 4017, June 9, 1998, 112 Stat.
413, provided that:
‘‘(a) IN GENERAL.—For a period of not less than 2
years beginning on or before the 90th day following the
date of enactment of this Act [June 9, 1998], the Secretary [of Transportation] shall establish, maintain,
and promote the use of a nationwide toll-free telephone
system to be used by drivers of commercial motor vehicles and others to report potential violations of Federal
motor carrier safety regulations.
‘‘(b) MONITORING.—The Secretary shall monitor reports received by the telephone system and may consider nonfrivolous information provided by such reports
in setting priorities for motor carrier safety audits and
other enforcement activities.
‘‘(c) PROTECTION OF PERSONS REPORTING VIOLATIONS.—
‘‘(1) PROHIBITION.—A person reporting a potential
violation to the telephone system while acting in
good faith may not be discharged, disciplined, or discriminated against regarding pay, terms, or privileges of employment because of the reporting of such
violation.
‘‘(2) APPLICABILITY OF SECTION 31105 OF TITLE 49.—For
purposes of section 31105 of title 49, United States
Code, a violation or alleged violation of paragraph (1)
shall be treated as a violation of section 31105(a) of
such title.
‘‘(d) FUNDING.—From amounts set aside under section
104(a) of title 23, United States Code, the Secretary
may use not more than $250,000 for each of fiscal years
1999 through 2003 to carry out this section.’’

§ 31144. Safety fitness of owners and operators
(a) IN GENERAL.—The Secretary shall—
(1) determine whether an owner or operator
is fit to operate safely commercial motor vehicles;
(2) periodically update such safety fitness
determinations;
(3) make such final safety fitness determinations readily available to the public; and
(4) prescribe by regulation penalties for violations of this section consistent with section
521.
(b) PROCEDURE.—The Secretary shall maintain
by regulation a procedure for determining the
safety fitness of an owner or operator. The procedure shall include, at a minimum, the following elements:
(1) Specific initial and continuing requirements with which an owner or operator must
comply to demonstrate safety fitness.
(2) A methodology the Secretary will use to
determine whether an owner or operator is fit.
(3) Specific time frames within which the
Secretary will determine whether an owner or
operator is fit.

Page 453

§ 31145

TITLE 49—TRANSPORTATION

(c) PROHIBITED TRANSPORTATION.—
(1) IN GENERAL.—Except as provided in sections 521(b)(5)(A) and 5113 and this subsection,
an owner or operator who the Secretary determines is not fit may not operate commercial
motor vehicles in interstate commerce beginning on the 61st day after the date of such fitness determination and until the Secretary determines such owner or operator is fit.
(2) OWNERS OR OPERATORS TRANSPORTING PASSENGERS.—With regard to owners or operators
of commercial motor vehicles designed or used
to transport passengers, an owner or operator
who the Secretary determines is not fit may
not operate in interstate commerce beginning
on the 46th day after the date of such fitness
determination and until the Secretary determines such owner or operator is fit.
(3) OWNERS OR OPERATORS TRANSPORTING HAZARDOUS MATERIAL.—With regard to owners or
operators of commercial motor vehicles designed or used to transport hazardous material
for which placarding of a motor vehicle is required under regulations prescribed under
chapter 51, an owner or operator who the Secretary determines is not fit may not operate
in interstate commerce beginning on the 46th
day after the date of such fitness determination and until the Secretary determines such
owner or operator is fit.
(4) SECRETARY’S DISCRETION.—Except for
owners or operators described in paragraphs
(2) and (3), the Secretary may allow an owner
or operator who is not fit to continue operating for an additional 60 days after the 61st day
after the date of the Secretary’s fitness determination, if the Secretary determines that
such owner or operator is making a good faith
effort to become fit.
(d) REVIEW OF FITNESS DETERMINATIONS.—
(1) IN GENERAL.—Not later than 45 days after
an unfit owner or operator requests a review,
the Secretary shall review such owner’s or operator’s compliance with those requirements
with which the owner or operator failed to
comply and resulted in the Secretary determining that the owner or operator was not fit.
(2) OWNERS OR OPERATORS TRANSPORTING PASSENGERS.—Not later than 30 days after an
unfit owner or operator of commercial motor
vehicles designed or used to transport passengers requests a review, the Secretary shall
review such owner’s or operator’s compliance
with those requirements with which the owner
or operator failed to comply and resulted in
the Secretary determining that the owner or
operator was not fit.
(3) OWNERS OR OPERATORS TRANSPORTING HAZARDOUS MATERIAL.—Not later than 30 days
after an unfit owner or operator of commercial
motor vehicles designed or used to transport
hazardous material for which placarding of a
motor vehicle is required under regulations
prescribed under chapter 51, the Secretary
shall review such owner’s or operator’s compliance with those requirements with which
the owner or operator failed to comply and resulted in the Secretary determining that the
owner or operator was not fit.
(e) PROHIBITED GOVERNMENT USE.—A department, agency, or instrumentality of the United

States Government may not use to provide any
transportation service an owner or operator who
the Secretary has determined is not fit until the
Secretary determines such owner or operator is
fit.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1012;
Pub. L. 104–88, title I, § 104(g), Dec. 29, 1995, 109
Stat. 920; Pub. L. 105–178, title IV, § 4009(a), June
9, 1998, 112 Stat. 405.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

31144(a)(1) ..

49 App.:2512(a), (b).

31144(a)(2) ..
31144(b) ......

49 App.:2512(c).
49 App.:2512(d).

Source (Statutes at Large)
Oct. 30, 1984, Pub. L. 98–554,
§ 215, 98 Stat. 2844.

In subsection (a), the word ‘‘regulation’’ is substituted for ‘‘rule’’ for consistency in the revised title
and because the terms are synonymous.
In subsection (a)(1), the words ‘‘after notice and opportunity for comment’’ are omitted as unnecessary because of 5:553. The text of 49 App.:2512(b) is omitted as
executed.
AMENDMENTS
1998—Pub. L. 105–178 reenacted section catchline
without change and amended text generally, substituting, in subsec. (a), general provisions for provisions relating to procedure and, in subsec. (b), provisions relating to procedure for provisions relating to findings and
action on registrations, and adding subsecs. (c) to (e).
1995—Subsec. (a)(1). Pub. L. 104–88, § 104(g)(1)–(3), in
first sentence substituted ‘‘The Secretary’’ for ‘‘In cooperation with the Interstate Commerce Commission,
the Secretary’’ and ‘‘section 13902’’ for ‘‘sections 10922
and 10923’’ and in subpar. (C) struck out ‘‘and the Commission’’ after ‘‘Secretary’’.
Subsec. (b). Pub. L. 104–88, § 104(g)(4), added subsec. (b)
and struck out former subsec. (b) which read as follows:
‘‘FINDINGS AND ACTION ON APPLICATIONS.—The Commission shall—
‘‘(1) find an applicant for authority to operate as a
motor carrier unfit if the applicant does not meet the
safety fitness requirements established under subsection (a) of this section; and
‘‘(2) deny the application.’’
EFFECTIVE DATE OF 1995 AMENDMENT
Amendment by Pub. L. 104–88 effective Jan. 1, 1996,
see section 2 of Pub. L. 104–88, set out as an Effective
Date note under section 701 of this title.
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 5113, 13902, 13905
of this title.

§ 31145. Coordination of Governmental activities
and paperwork
The Secretary of Transportation shall coordinate the activities of departments, agencies, and
instrumentalities of the United States Government to ensure adequate protection of the safety and health of operators of commercial motor
vehicles. The Secretary shall attempt to minimize paperwork burdens to ensure maximum coordination and to avoid overlap and the imposition of unreasonable burdens on persons subject
to regulations under this subchapter.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1012.)

§ 31146

TITLE 49—TRANSPORTATION
HISTORICAL AND REVISION NOTES

Revised
Section

Source (U.S. Code)

31145 ..........

49 App.:2517(b).

Source (Statutes at Large)
Oct. 30, 1984, Pub. L. 98–554,
§ 220(b), 98 Stat. 2846.

§ 31146. Relationship to other laws
Except as provided in section 31136(b) of this
title, this subchapter and the regulations prescribed under this subchapter do not affect chapter 51 of this title or a regulation prescribed
under chapter 51.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1013.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

31146 ..........

49 App.:2518.

Source (Statutes at Large)
Oct. 30, 1984, Pub. L. 98–554,
§ 221, 98 Stat. 2846.

§ 31147. Limitations on authority
(a) TRAFFIC REGULATIONS.—This subchapter
does not authorize the Secretary of Transportation to prescribe traffic safety regulations or
preempt State traffic regulations. However, the
Secretary may prescribe traffic regulations to
the extent their subject matter was regulated
under parts 390–399 of title 49, Code of Federal
Regulations, on October 30, 1984.
(b) REGULATING THE MANUFACTURING OF VEHICLES.—This subchapter does not authorize the
Secretary to regulate the manufacture of commercial motor vehicles for any purpose, including fuel economy, safety, or emission control.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1013.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

31147(a) ......

49 App.:2519(a).

31147(b) ......

49 App.:2519(b).

Source (Statutes at Large)
Oct. 30, 1984, Pub. L. 98–554,
§ 229, 98 Stat. 2853.

In subsection (a), the word ‘‘prescribe’’ is substituted
for ‘‘establish or maintain’’ for consistency in the revised title and with other titles of the United States
Code.

[SUBCHAPTER IV—REPEALED]
[§§ 31161, 31162. Repealed. 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.

CHAPTER 313—COMMERCIAL MOTOR
VEHICLE OPERATORS
Sec.

31301.
31302.
31303.
31304.
31305.
31306.
31307.

Definitions.
Commercial driver’s license requirement.
Notification requirements.
Employer responsibilities.
General driver fitness and testing.
Alcohol and controlled substances testing.
Minimum training requirements for operators
of longer combination vehicles.

Page 454

Sec.

31308.
31309.
31310.
31311.
[31312,
31314.
31315.
31316.
31317.

Commercial driver’s license.
Commercial driver’s license information system.
Disqualifications.
Requirements for State participation.
31313. Repealed.]
Withholding amounts for State noncompliance.
Waivers, exemptions, and pilot programs.
Limitation on statutory construction.
Procedure for prescribing regulations.
AMENDMENTS

1998—Pub. L. 105–178, title IV, §§ 4007(b), 4011(b)(2), (f),
June 9, 1998, 112 Stat. 403, 407, 408, substituted ‘‘Commercial driver’s license requirement’’ for ‘‘Limitation
on the number of driver’s licenses’’ in item 31302 and
‘‘Waivers, exemptions, and pilot programs’’ for ‘‘Waiver
authority’’ in item 31315 and struck out items 31312
‘‘Grants for testing and ensuring the fitness of operators of commercial motor vehicles’’ and 31313 ‘‘Grants
for issuing commercial drivers’ licenses and complying
with State participation requirements’’.
CHAPTER REFERRED TO IN OTHER SECTIONS
This chapter is referred to in section 11303 of this
title; title 18 section 2721.

§ 31301. Definitions
In this chapter—
(1) ‘‘alcohol’’ has the same meaning given
the term ‘‘alcoholic beverage’’ in section 158(c)
of title 23.
(2) ‘‘commerce’’ means trade, traffic, and
transportation—
(A) in the jurisdiction of the United States
between a place in a State and a place outside that State (including a place outside
the United States); or
(B) in the United States that affects trade,
traffic, and transportation described in subclause (A) of this clause.
(3) ‘‘commercial driver’s license’’ means a license issued by a State to an individual authorizing the individual to operate a class of
commercial motor vehicles.
(4) ‘‘commercial motor vehicle’’ means a
motor vehicle used in commerce to transport
passengers or property that—
(A) has a gross vehicle weight rating or
gross vehicle weight of at least 26,001
pounds, whichever is greater, or a lesser
gross vehicle weight rating or gross vehicle
weight the Secretary of Transportation prescribes by regulation, but not less than a
gross vehicle weight rating of 10,001 pounds;
(B) is designed to transport at least 16 passengers including the driver; or
(C) is used to transport material found by
the Secretary to be hazardous under section
5103 of this title, except that a vehicle shall
not be included as a commercial motor vehicle under this subclause if—
(i) the vehicle does not satisfy the
weight requirements of subclause (A) of
this clause;
(ii) the vehicle is transporting material
listed as hazardous under 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 Secretary or is transport-