49 Usc 31136

[§ 31134

TITLE 49—TRANSPORTATION

use and train qualified officers and employees in coordination with State motor vehicle safety agencies.
‘‘(3) LIMITATION.—If the Secretary makes a designation pursuant to paragraph (1) for a fiscal year, the
Secretary may not make a designation under
[former] section 31104(f)(2)(B) of title 49, United
States Code, for such fiscal year.’’

[§ 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 Repealed.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
(a) IN GENERAL.—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.
(b) PATTERN OF NONCOMPLIANCE.—If the Secretary finds that an officer of a motor carrier
engages or has engaged in a pattern or practice
of avoiding compliance, or masking or otherwise
concealing noncompliance, with regulations on
commercial motor vehicle safety prescribed
under this subchapter, while serving as an officer of any motor carrier, the Secretary may suspend, amend, or revoke any part of the motor
carrier’s registration under section 13905.
(c) REGULATIONS.—Not later than 1 year after
the date of enactment of this subsection, the
Secretary shall by regulation establish standards to implement subsection (b).
(d) DEFINITIONS.—In this section, the following
definitions apply:
(1) MOTOR CARRIER.—The term ‘‘motor carrier’’ has the meaning such term has under
section 13102.
(2) OFFICER.—The term ‘‘officer’’ means an
owner, director, chief executive officer, chief
operating officer, chief financial officer, safety
director, vehicle maintenance supervisor, and
driver supervisor of a motor carrier, regardless
of the title attached to those functions, and
any person, however designated, exercising
controlling influence over the operations of a
motor carrier.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1003;
Pub. L. 109–59, title IV, § 4113(a), Aug. 10, 2005, 119
Stat. 1724.)
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.

REFERENCES IN TEXT
The date of enactment of this subsection, referred to
in subsec. (c), is the date of enactment of Pub. L. 109–59,
which was approved Aug. 10, 2005.
AMENDMENTS
2005—Pub. L. 109–59 designated existing provisions as
subsec. (a), inserted heading, and added subsecs. (b) to
(d).

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

Page 618

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
the periodic physical examinations required of
such operators are performed by medical examiners who have received training in physical and medical examination standards and,
after the national registry maintained by the
Department of Transportation under section
31149(d) is established, are listed on such registry; 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

Page 619

commercial motor vehicle safety only because
the operations of the person or vehicle are entirely in a municipality or commercial zone of
a municipality.
(2) If a person was authorized to operate a
commercial motor vehicle in a municipality or
commercial zone of a municipality in the United
States for the entire period from November 19,
1987, through November 18, 1988, and if the person is otherwise qualified to operate a commercial motor vehicle, the person may operate a
commercial motor vehicle entirely in a municipality or commercial zone of a municipality
notwithstanding—
(A) paragraph (1) of this subsection;
(B) a minimum age requirement of the
United States Government for operation of the
vehicle; and
(C) a medical or physical condition that—
(i) would prevent an operator from operating a commercial motor vehicle under the
commercial motor vehicle safety regulations
in title 49, Code of Federal Regulations;
(ii) existed on July 1, 1988;
(iii) has not substantially worsened; and
(iv) does not involve alcohol or drug abuse.
(3) This subsection does not affect a State
commercial motor vehicle safety law applicable
to intrastate commerce.
(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; Pub. L. 109–59, title IV,
§ 4116(b), Aug. 10, 2005, 119 Stat. 1728.)
HISTORICAL AND REVISION NOTES
Revised
Section

§ 31136

TITLE 49—TRANSPORTATION

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
2005—Subsec. (a)(3). Pub. L. 109–59 amended par. (3)
generally. Prior to amendment, par. (3) read as follows:

‘‘the physical condition of operators of commercial
motor vehicles is adequate to enable them to operate
the vehicles safely; and’’.
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).
EFFECTIVE DATE OF 2005 AMENDMENT
Amendment by Pub. L. 109–59 effective on the 365th
day following Aug. 10, 2005, see section 4116(f) of Pub. L.
109–59, set out as an Effective Date note under section
31149 of this title.
HOURS OF SERVICE RULES FOR OPERATORS PROVIDING
TRANSPORTATION TO MOVIE PRODUCTION SITES
Pub. L. 109–59, title IV, § 4133, Aug. 10, 2005, 119 Stat.
1744, provided that: ‘‘Notwithstanding sections 31136
and 31502 of title 49, United States Code, and any other
provision of law, the maximum daily hours of service
for an operator of a commercial motor vehicle providing transportation of property or passengers to or from
a theatrical or television motion picture production
site located within a 100 air mile radius of the work reporting location of such operator shall be those in effect under the regulations in effect under such sections
on April 27, 2003.’’
INTERSTATE VAN OPERATIONS
Pub. L. 109–59, title IV, § 4136, Aug. 10, 2005, 119 Stat.
1745, provided that: ‘‘The Federal motor carrier safety
regulations that apply to interstate operations of commercial motor vehicles designed to transport between 9
and 15 passengers (including the driver) shall apply to
all interstate operations of such carriers regardless of
the distance traveled.’’
AUTHORITY TO PROMULGATE SAFETY STANDARDS FOR
RETROFITTING
Pub. L. 106–159, title I, § 101(f), Dec. 9, 1999, 113 Stat.
1752, provided that: ‘‘The authority under title 49,
United States Code, to promulgate safety standards for
commercial motor vehicles and equipment subsequent
to initial manufacture is vested in the Secretary and
may be delegated.’’
CERTAIN EXEMPTIONS
Pub. L. 106–159, title II, § 229, as added and amended
by Pub. L. 109–59, title IV, §§ 4115(a), (c), 4130–4132, 4147,
Aug. 10, 2005, 119 Stat. 1726, 1743, 1744, 1749; Pub. L.
110–244, title III, § 301(i), June 6, 2008, 122 Stat. 1616, provided that:
‘‘(a) EXEMPTIONS.—
‘‘(1) TRANSPORTATION OF AGRICULTURAL COMMODITIES
AND FARM SUPPLIES.—Regulations prescribed by the
Secretary [of Transportation] 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 during planting and
harvest periods, as determined by each State, 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.
‘‘(2) TRANSPORTATION AND OPERATION OF GROUND
WATER WELL DRILLING RIGS.—Such regulations shall,
in the case of a driver of a commercial motor vehicle
who is used primarily in the transportation and operation of a ground water well drilling rig, permit any
period of 7 or 8 consecutive days to end with the beginning of an off-duty period of 24 or more consecutive hours for the purposes of determining maximum

§ 31136

TITLE 49—TRANSPORTATION

driving and on-duty time. Except as required in section 395.3 of title 49, Code of Federal Regulations, as
in effect on the date of enactment of this sentence
[Aug. 10, 2005], no additional off-duty time shall be required in order to operate such vehicle.
‘‘(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) OPERATORS OF UTILITY SERVICE VEHICLES.—
‘‘(A) INAPPLICABILITY OF FEDERAL REGULATIONS.—
Such regulations shall not apply to a driver of a
utility service vehicle.
‘‘(B) PROHIBITION ON STATE REGULATIONS.—A
State, a political subdivision of a State, an interstate agency, or other entity consisting of two or
more States, shall not enact or enforce any law,
rule, regulation, or standard that imposes requirements on a driver of a utility service vehicle that
are similar to the requirements contained in such
regulations.
‘‘(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.—Except as provided in subsection
(a)(4), 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 [of
Transportation] may conduct a rulemaking proceeding
to determine whether granting any exemption provided
by subsection (a) (other than paragraph (1), (2), or (4))
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,

Page 620

machine, tractor, trailer, semi-trailer, or specialized
mobile equipment propelled or drawn by mechanical
power and used on highways to transport water well
field operating equipment, including water well drilling and pump service rigs equipped to access ground
water.
‘‘(4) TRANSPORTATION OF CONSTRUCTION MATERIALS
AND EQUIPMENT.—The term ‘transportation of construction materials and equipment’ means the transportation of construction and pavement materials,
construction equipment, and construction maintenance vehicles, by a driver to or from an active construction site (a construction site between initial mobilization of equipment and materials to the site to
the final completion of the construction project)
within a 50 air mile radius of the normal work reporting location of the driver. This paragraph does not
apply to the transportation of material found by the
Secretary to be hazardous under section 5103 of title
49, United States Code, in a quantity requiring placarding under regulations issued to carry out such
section.
‘‘(5) ELIGIBLE UNIT OF LOCAL GOVERNMENT.—The
term ‘eligible unit of local government’ means a city,
town, borough, county, parish, district, or other public body created by or pursuant to State law which
has a total population of 3,000 individuals or less.
‘‘(6) UTILITY SERVICE VEHICLE.—The term ‘utility
service vehicle’ means any commercial motor vehicle—
‘‘(A) used in the furtherance of repairing, maintaining, or operating any structures or any other
physical facilities necessary for the delivery of public utility services, including the furnishing of electric, gas, water, sanitary sewer, telephone, and television cable or community antenna service;
‘‘(B) while engaged in any activity necessarily related to the ultimate delivery of such public utility
services to consumers, including travel or movement to, from, upon, or between activity sites (including occasional travel or movement outside the
service area necessitated by any utility emergency
as determined by the utility provider); and
‘‘(C) except for any occasional emergency use, operated primarily within the service area of a utility’s subscribers or consumers, without regard to
whether the vehicle is owned, leased, or rented by
the utility.
‘‘(7) AGRICULTURAL COMMODITY.—The term ‘agricultural commodity’ means any agricultural commodity, non-processed food, feed, fiber, or livestock (including livestock as defined in section 602 of the
Emergency Livestock Feed Assistance Act of 1988 (7
U.S.C. 1471) and insects).
‘‘(8) FARM SUPPLIES FOR AGRICULTURAL PURPOSES.—
The term ‘farm supplies for agricultural purposes’
means products directly related to the growing or
harvesting of agricultural commodities during the
planting and harvesting seasons within each State, as
determined by the State, and livestock feed at any
time of the year.
‘‘(f) EMERGENCY CONDITION REQUIRING IMMEDIATE RESPONSE.—
‘‘(1) PROPANE OR PIPELINE EMERGENCY.—A regulation prescribed under section 31136 or 31502 of title 49,
United States Code, shall not apply to a driver of a
commercial motor vehicle which is used primarily in
the transportation of propane winter heating fuel or
a driver of a motor vehicle used to respond to a pipeline emergency if such regulations would prevent the
driver from responding to an emergency condition requiring immediate response.
‘‘(2) DEFINITION.—An emergency condition requiring
immediate response is any condition that, if left unattended, is reasonably likely to result in immediate
serious bodily harm, death, or substantial damage to
property. In the case of propane such conditions shall
include (but are not limited to) the detection of gas
odor, the activation of carbon monoxide alarms, the
detection of carbon monoxide poisoning, and any real

Page 621

TITLE 49—TRANSPORTATION

or suspected damage to a propane gas system following a severe storm or flooding. An ‘emergency condition requiring an immediate response’ does not include requests to re-fill empty gas tanks. In the case
of pipelines such conditions include (but are not limited to) indication of an abnormal pressure event,
leak, release or rupture.’’
PROTECTION OF EXISTING EXEMPTIONS
Pub. L. 105–178, title IV, § 4007(d), June 9, 1998, 112
Stat. 404, provided that: ‘‘The amendments made by
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, as amended by Pub. L. 107–110, title X, § 1076(ii),
Jan. 8, 2002, 115 Stat. 2094, 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 9101
of the Elementary and Secondary Education Act of 1965
[20 U.S.C. 7801]).’’
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
Pub. L. 104–59, title III, § 345, Nov. 28, 1995, 109 Stat.
613, which related to exemption from certain regulatory or statutory requirements for transportation of
agricultural commodities and farm supplies, transportation and operation of ground water well drilling rigs,
transportation of construction materials and equip-

§ 31136

ment, utility service vehicles, and vehicles operated for
snow or ice removal, was repealed by Pub. L. 109–59,
title IV, § 4115(d), Aug. 10, 2005, 119 Stat. 1726. The text
of former section 345 of Pub. L. 104–59 was inserted as
part of section 229 of Pub. L. 106–159, as added by section 4115(a) of Pub. L. 109–59, and is set out above.
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—
‘‘(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;

§ 31137

TITLE 49—TRANSPORTATION

‘‘(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].’’

§ 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
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.—
(1) TRANSPORTATION OF PASSENGERS FOR COMPENSATION.—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—

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(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) TRANSPORTATION OF PASSENGERS NOT FOR
COMPENSATION.—The Secretary may 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 commercial purposes, but not 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.
(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 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.
(4) OTHER PERSONS.—The Secretary may require a person, other than a motor carrier (as
defined in section 13102), transporting passengers by motor vehicle to file with the Secretary the evidence of financial responsibility
specified in subsection (c)(1) in an amount not
less than the greater of the amount required by
subsection (b)(1) or the amount required for such
person to transport passengers under the laws of
the State or States in which the person is operating; except that the amount of the financial
responsibility must be sufficient to pay not
more than the amount of the financial responsibility for each final judgment against the person for bodily injury to, or death of, an individual resulting from the negligent operation,
maintenance, or use of the motor vehicle, or for
loss or damage to property, or both.