49 Usc 31133

Page 645

§ 31133

TITLE 49—TRANSPORTATION

‘‘(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
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.)
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
Section 31140 of this title, referred to in par. (8), was
repealed by Pub. L. 105–178, title IV, § 4008(d), June 9,
1998, 112 Stat. 404.
AMENDMENTS
2005—Pars. (6) to (11). Pub. L. 109–59 added par. (6) and
redesignated former pars. (6) to (10) as (7) to (11), respectively.
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’’.
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.

§ 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 See

References in Text note below.

§ 31134

TITLE 49—TRANSPORTATION

(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
(10) perform other acts the Secretary considers appropriate.
(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.
(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
Revised
Section

Source (U.S. Code)

Source (Statutes at Large)

31133(a) ......

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) ......

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.
AMENDMENTS
1998—Subsec. (a)(1). Pub. L. 105–178 inserted ‘‘and
make contracts for’’ after ‘‘conduct’’.
BORDER STAFFING STANDARDS
Pub. L. 106–159, title II, § 218, Dec. 9, 1999, 113 Stat.
1767, provided that:
‘‘(a) DEVELOPMENT AND IMPLEMENTATION.—Not later
than 1 year after the date of the enactment of this Act
[Dec. 9, 1999], the Secretary shall develop and implement appropriate staffing standards for Federal and
State motor carrier safety inspectors in international
border areas.
‘‘(b) FACTORS TO BE CONSIDERED.—In developing
standards under subsection (a), the Secretary shall consider volume of traffic, hours of operation of the border
facility, types of commercial motor vehicles, types of
cargo, delineation of responsibility between Federal

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and State inspectors, and such other factors as the Secretary determines appropriate.
‘‘(c) MAINTENANCE OF EFFORT.—The standards developed and implemented under subsection (a) shall ensure
that the United States and each State will not reduce
its respective level of staffing of motor carrier safety
inspectors in international border areas from its average level staffing for fiscal year 2000.
‘‘(d) BORDER COMMERCIAL MOTOR VEHICLE AND SAFETY
ENFORCEMENT PROGRAMS.—
‘‘(1) ENFORCEMENT.—If, on October 1, 2001, and October 1 of each fiscal year thereafter, the Secretary has
not ensured that the levels of staffing required by the
standards developed under subsection (a) are deployed, the Secretary should designate the amount
made available for allocation under [former] section
31104(f)(2)(B) of title 49, United States Code, for such
fiscal year for States, local governments, and other
persons for carrying out border commercial motor vehicle safety programs and enforcement activities and
projects.
‘‘(2) ALLOCATION.—If the Secretary makes a designation of an amount under paragraph (1), such
amount 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.
‘‘(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. Requirement
USDOT number

for

registration

and

(a) IN GENERAL.—Upon application, and subject to subsections (b) and (c), the Secretary
shall register an employer or person subject to
the safety jurisdiction of this subchapter. An
employer or person may operate a commercial
motor vehicle in interstate commerce only if
the employer or person is registered by the Secretary under this section and receives a USDOT
number. Nothing in this section shall preclude
registration by the Secretary of an employer or
person not engaged in interstate commerce. An
employer or person subject to jurisdiction under
subchapter I of chapter 135 of this title shall
apply for commercial registration under section
13902 of this title.
(b) WITHHOLDING REGISTRATION.—The Secretary shall register an employer or person
under subsection (a) only if the Secretary determines that—
(1) the employer or person seeking registration is willing and able to comply with the requirements of this subchapter and the regulations prescribed thereunder and chapter 51 and
the regulations prescribed thereunder;
(2)(A) 1 during the 3-year period before the
date of the filing of the application, the employer or person is not or was not related
through common ownership, common management, common control, or common familial
relationship to any other person or applicant
for registration subject to this subchapter
who, during such 3-year period, is or was unfit,
unwilling, or unable to comply with the requirements listed in subsection (b)(1); or
(3) the employer or person has disclosed to
the Secretary any relationship involving common ownership, common management, com1 So

in original. There is no subpar. (B).