49 Usc 31131

Page 615

§ 31131

TITLE 49—TRANSPORTATION

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.)

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
Revised
Section

Source (U.S. Code)

31114(a) ......

49 App.:2312(a).

31114(b) ......

49 App.:2312(b).

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.

HISTORICAL AND REVISION NOTES
Revised
Section
31113(a) ......

Source (U.S. Code)
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
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.

§ 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

Source (Statutes at Large)

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.

§ 31115. Enforcement
On the request of the Secretary of Transportation, the Attorney General shall bring a civil
action for appropriate injunctive relief to ensure
compliance with this subchapter or subchapter I
of this chapter. The action may be brought in a
district court of the United States in any State
in which the relief is required. On a proper showing, the court shall issue a temporary restraining order or preliminary or permanent injunction. An injunction under this section may order
a State or person to comply with this subchapter, subchapter I, or a regulation prescribed
under this subchapter or subchapter I.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 999.)
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
§ 31131. Purposes and findings
(a) PURPOSES.—The
chapter are—

purposes

of

this

sub-

§ 31132

TITLE 49—TRANSPORTATION

(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 October 30, 1984 (Public Law 98–554, 98 Stat. 2832), amended
and enacted provisions restated in this chapter.
TRAFFIC LAW INITIATIVE
Pub. L. 106–159, title II, § 220, Dec. 9, 1999, 113 Stat.
1769, provided that:
‘‘(a) IN GENERAL.—In cooperation with one or more
States, the Secretary may carry out a program to develop innovative methods of improving motor carrier
compliance with traffic laws. Such methods may include the use of photography and other imaging technologies.
‘‘(b) REPORT.—The Secretary shall transmit to Congress a report on the results of any program conducted
under this section, together with any recommendations
as the Secretary determines appropriate.’’

§ 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

Page 616

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) ‘‘medical examiner’’ means an individual
licensed, certified, or registered in accordance
with regulations issued by the Federal Motor
Carrier Safety Administration as a medical
examiner.
(7) ‘‘regulation’’ includes a standard or
order.
(8) ‘‘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.
(9) ‘‘State law’’ includes a law enacted by a
political subdivision of a State.
(10) ‘‘State regulation’’ includes a regulation
prescribed by a political subdivision of a
State.
(11) ‘‘United States’’ means the States of the
United States and the District of Columbia.
(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; Pub. L. 109–59, title IV,
§ 4116(c), Aug. 10, 2005, 119 Stat. 1728.)
1 See

References in Text note below.