49 U.S.C. 31311, Attachment C

Page 647

TITLE 49—TRANSPORTATION

Subsection
(c)(1)(D)
is
substituted
for
49
App.:2707(a)(2)(A)(iv) for clarity and to eliminate unnecessary words.
In subsection (g)(1)(A), the words ‘‘Not later than 1
year after October 27, 1986’’ are omitted as obsolete.
In subsection (g)(2), before clause (A), the words ‘‘Not
later than December 18, 1992, the Secretary shall prescribe regulations’’ are substituted for ‘‘The Secretary
shall issue regulations’’ and 49 App.:2718(c) to eliminate
executed words. The word ‘‘individuals’’ is substituted
for ‘‘persons’’ for clarity and consistency in the revised
title and with other titles of the United States Code. In
clause (C), the words ‘‘permits, authorizes’’ are omitted
as being included in ‘‘allows’’.
REFERENCES IN TEXT
The date of the enactment of this Act, referred to in
subsec. (g)(1), is the date of enactment of Pub. L.
106–159, which was approved Dec. 9, 1999.
AMENDMENTS
2005—Subsec. (i)(2). Pub. L. 109–59, § 4102(b)(1), substituted ‘‘The Secretary’’ for ‘‘Not later than December
18, 1992, the Secretary’’ in introductory provisions.
Subsec. (i)(2)(A). Pub. L. 109–59, § 4102(b)(2), substituted ‘‘180 days’’ for ‘‘90 days’’ and ‘‘$2,500’’ for
‘‘$1,000’’.
Subsec. (i)(2)(B). Pub. L. 109–59, § 4102(b)(3), substituted ‘‘2 years’’ for ‘‘one year’’ and ‘‘$5,000;’’ for
‘‘$1,000; and’’.
Subsec. (i)(2)(C). Pub. L. 109–59, § 4102(b)(4), substituted ‘‘$25,000; and’’ for ‘‘$10,000.’’
Subsec. (i)(2)(D). Pub. L. 109–59, § 4102(b)(5), added subpar. (D).
1999—Subsec. (b)(1)(D), (E). Pub. L. 106–159, § 201(a)(1),
added subpars. (D) and (E).
Subsec. (c)(1)(D), (E). Pub. L. 106–159, § 201(a)(2)(A),
(C), added subpars. (D) and (E). Former subpar. (D) redesignated (F).
Subsec. (c)(1)(F). Pub. L. 106–159, § 201(a)(2)(B), (D), redesignated subpar. (D) as (F) and substituted ‘‘subparagraphs (A) through (E)’’ for ‘‘clauses (A)–(C) of this
paragraph’’.
Subsecs. (f), (g). Pub. L. 106–159, § 201(b)(2), added subsecs. (f) and (g). Former subsecs. (f) and (g) redesignated (h) and (i), respectively.
Subsec. (h). Pub. L. 106–159, § 201(b)(1), (3), redesignated subsec. (f) as (h) and substituted ‘‘(b) through
(g)’’ for ‘‘(b)–(e)’’ in two places. Former subsec. (h) redesignated (j).
Subsecs. (i), (j). Pub. L. 106–159, § 201(b)(1), redesignated subsecs. (g) and (h) as (i) and (j), respectively.
1995—Subsec. (h). Pub. L. 104–88 added subsec. (h).
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.
REGULATIONS
Section 403(b) of Pub. L. 104–88 provided that: ‘‘The
initial regulations required under section 31310(h) of
title 49, United States Code, shall be issued not later
than 1 year after the date of the enactment of this Act
[Dec. 29, 1995].’’

§ 31311. Requirements for State participation
(a) GENERAL.—To avoid having amounts withheld from apportionment under section 31314 of
this title, a State shall comply with the following requirements:
(1) The State shall adopt and carry out a
program for testing and ensuring the fitness of
individuals to operate commercial motor vehicles consistent with the minimum standards
prescribed by the Secretary of Transportation
under section 31305(a) of this title.

§ 31311

(2) The State may issue a commercial driver’s license to an individual only if the individual passes written and driving tests for the
operation of a commercial motor vehicle that
comply with the minimum standards.
(3) The State shall have in effect and enforce
a law providing that an individual with a
blood alcohol concentration level at or above
the level established by section 31310(a) of this
title when operating a commercial motor vehicle is deemed to be driving under the influence
of alcohol.
(4) The State shall authorize an individual
to operate a commercial motor vehicle only by
issuing a commercial driver’s license containing the information described in section
31308(3) of this title.1
(5) At least 60 days before issuing a commercial driver’s license (or a shorter period the
Secretary prescribes by regulation), the State
shall notify the Secretary or the operator of
the information system under section 31309 of
this title, as the case may be, of the proposed
issuance of the license and other information
the Secretary may require to ensure identification of the individual applying for the license.
(6) Before issuing a commercial driver’s license to an individual or renewing such a license, the State shall request from any other
State that has issued a driver’s license to the
individual all information about the driving
record of the individual.
(7) Not later than 30 days after issuing a
commercial driver’s license, the State shall
notify the Secretary or the operator of the information system under section 31309 of this
title, as the case may be, of the issuance.
(8) Not later than 10 days after disqualifying
the holder of a commercial driver’s license
from operating a commercial motor vehicle
(or after revoking, suspending, or canceling
the license) for at least 60 days, the State shall
notify the Secretary or the operator of the information system under section 31309 of this
title, as the case may be, and the State that
issued the license, of the disqualification, revocation, suspension, or cancellation, and the
violation that resulted in the disqualification,
revocation, suspension, or cancellation shall
be recorded.
(9) If an individual violates a State or local
law on motor vehicle traffic control (except a
parking violation) and the individual—
(A) has a commercial driver’s license issued by another State; or
(B) is operating a commercial vehicle
without a commercial driver’s license and
has a driver’s license issued by another
State,
the State in which the violation occurred shall
notify a State official designated by the issuing State of the violations not later than 10
days after the date the individual is found to
have committed the violation.
(10)(A) The State may not issue a commercial driver’s license to an individual during a
period in which the individual is disqualified
1 See

References in Text note below.

§ 31311

TITLE 49—TRANSPORTATION

from operating a commercial motor vehicle or
the individual’s driver’s license is revoked,
suspended, or canceled.
(B) The State may not issue a special license
or permit (including a provisional or temporary license) to an individual who holds a
commercial driver’s license that permits the
individual to drive a commercial motor vehicle during a period in which—
(i) the individual is disqualified from operating a commercial motor vehicle; or
(ii) the individual’s driver’s license is revoked, suspended, or canceled.
(11) The State may issue a commercial driver’s license to an individual who has a commercial driver’s license issued by another
State only if the individual first returns the
driver’s license issued by the other State.
(12) The State may issue a commercial driver’s license only to an individual who operates
or will operate a commercial motor vehicle
and is domiciled in the State, except that,
under regulations the Secretary shall prescribe, the State may issue a commercial driver’s license to an individual who operates or
will operate a commercial motor vehicle and
is not domiciled in a State that issues commercial drivers’ licenses.
(13) The State shall impose penalties consistent with this chapter that the State considers appropriate and the Secretary approves
for an individual operating a commercial
motor vehicle.
(14) The State shall allow an individual to
operate a commercial motor vehicle in the
State if—
(A) the individual has a commercial driver’s license issued by another State under
the minimum standards prescribed by the
Secretary under section 31305(a) of this title;
(B) the license is not revoked, suspended,
or canceled; and
(C) the individual is not disqualified from
operating a commercial motor vehicle.
(15) The State shall disqualify an individual
from operating a commercial motor vehicle
for the same reasons and time periods for
which the Secretary shall disqualify the individual under subsections (b)–(e), (i)(1)(A) and
(i)(2) of section 31310.
(16)(A) Before issuing a commercial driver’s
license to an individual, the State shall request the Secretary for information from the
National Driver Register maintained under
chapter 303 of this title (after the Secretary
decides the Register is operational) on whether the individual—
(i) has been disqualified from operating a
motor vehicle (except a commercial motor
vehicle);
(ii) has had a license (except a license authorizing the individual to operate a commercial motor vehicle) revoked, suspended,
or canceled for cause in the 3-year period
ending on the date of application for the
commercial driver’s license; or
(iii) has been convicted of an offense specified in section 30304(a)(3) of this title.
(B) The State shall give full weight and consideration to that information in deciding

Page 648

whether to issue the individual a commercial
driver’s license.
(17) The State shall adopt and enforce regulations prescribed by the Secretary under as 2
31310(j) of this title.
(18) The State shall maintain, as part of its
driver information system, a record of each
violation of a State or local motor vehicle
traffic control law while operating a motor vehicle (except a parking violation) for each individual who holds a commercial driver’s license. The record shall be available upon request to the individual, the Secretary, employers, prospective employers, State licensing and law enforcement agencies, and their
authorized agents.
(19) The State shall—
(A) record in the driving record of an individual who has a commercial driver’s license
issued by the State; and
(B) make available to all authorized persons and governmental entities having access to such record,
all information the State receives under paragraph (9) with respect to the individual and
every violation by the individual involving a
motor vehicle (including a commercial motor
vehicle) of a State or local law on traffic control (except a parking violation), not later
than 10 days after the date of receipt of such
information or the date of such violation, as
the case may be. The State may not allow information regarding such violations to be
withheld or masked in any way from the
record of an individual possessing a commercial driver’s license.
(20) The State shall revoke, suspend, or cancel the commercial driver’s license of an individual in accordance with regulations issued
by the Secretary to carry out section 31310(g).
(21) By the date established by the Secretary
under section 31309(e)(4), the State shall be operating a commercial driver’s license information system that is compatible with the modernized commercial driver’s license information system under section 31309.
(b) STATE SATISFACTION OF REQUIREMENTS.—A
State may satisfy the requirements of subsection (a) of this section that the State disqualify an individual from operating a commercial motor vehicle by revoking, suspending, or
canceling the driver’s license issued to the individual.
(c) NOTIFICATION.—Not later than 30 days after
being notified by a State of the proposed issuance of a commercial driver’s license to an individual, the Secretary or the operator of the information system under section 31309 of this
title, as the case may be, shall notify the State
whether the individual has a commercial driver’s license issued by another State or has been
disqualified from operating a commercial motor
vehicle by another State or the Secretary.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1023;
Pub. L. 104–88, title IV, § 403(c), Dec. 29, 1995, 109
Stat. 956; Pub. L. 105–178, title IV, § 4011(e), June
9, 1998, 112 Stat. 408; Pub. L. 106–159, title II, § 202,
Dec. 9, 1999, 113 Stat. 1760; Pub. L. 109–59, title
IV, § 4123(b), Aug. 10, 2005, 119 Stat. 1735.)
2 So

in original. Probably should be ‘‘section’’.

Page 649

HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

31311 ..........

§ 31313

TITLE 49—TRANSPORTATION

49 App.:2708.

Source (Statutes at Large)
Oct. 27, 1986, Pub. L. 99–570,
§ 12009, 100 Stat. 3207–179;
Dec. 18, 1991, Pub. L.
102–240, § 4009(b), 105 Stat.
2156.

Subsection
(a)(15)
is
substituted
for
49
App.:2708(a)(15)–(19) for consistency with section
31310(b)–(e) of the revised title and to avoid repeating
the language restated in section 31310(b)–(e).
In subsection (b), the words ‘‘in accordance with the
requirements of such subsection’’ are omitted as surplus.
REFERENCES IN TEXT
Par. (3) of section 31308 of this title, referred to in
subsec. (a)(4), was redesignated par. (4) by Pub. L.
109–59, title IV, § 4122(2)(C), Aug. 10, 2005, 119 Stat. 1734.
AMENDMENTS
2005—Subsec. (a)(15). Pub. L. 109–59, § 4123(b)(1), substituted ‘‘(i)(1)(A) and (i)(2)’’ for ‘‘(g)(1)(A), and (g)(2)’’.
Subsec. (a)(17). Pub. L. 109–59, § 4123(b)(2), substituted
‘‘as 31310(j)’’ for ‘‘section 31310(h)’’.
Subsec. (a)(21). Pub. L. 109–59, § 4123(b)(3), added par.
(21).
1999—Subsec. (a)(6). Pub. L. 106–159, § 202(a), inserted
‘‘or renewing such a license’’ after ‘‘to an individual’’
and struck out ‘‘commercial’’ after ‘‘has issued a’’.
Subsec. (a)(8). Pub. L. 106–159, § 202(b), inserted ‘‘, and
the violation that resulted in the disqualification, revocation, suspension, or cancellation shall be recorded’’
before the period at end.
Subsec. (a)(9). Pub. L. 106–159, § 202(c), amended par.
(9) generally. Prior to amendment, par. (9) read as follows: ‘‘If an individual operating a commercial motor
vehicle violates a State or local law on motor vehicle
traffic control (except a parking violation) and the individual has a driver’s license issued by another State,
the State in which the violation occurred shall notify
a State official designated by the issuing State of the
violation not later than 10 days after the date the individual is found to have committed the violation.’’
Subsec. (a)(10). Pub. L. 106–159, § 202(d), designated existing provisions as subpar. (A) and added subpar. (B).
Subsec. (a)(13). Pub. L. 106–159, § 202(e), inserted ‘‘consistent with this chapter that’’ after ‘‘penalties’’, substituted ‘‘vehicle.’’ for ‘‘vehicle when the individual—’’,
and struck out pars. (A) to (C) which read as follows:
‘‘(A) does not have a commercial driver’s license;
‘‘(B) has a driver’s license revoked, suspended, or
canceled; or
‘‘(C) is disqualified from operating a commercial
motor vehicle.’’
Subsec. (a)(18) to (20). Pub. L. 106–159, § 202(f)–(h),
added pars. (18) to (20).
1998—Subsec. (a)(15). Pub. L. 105–178, § 4011(e)(1), substituted ‘‘subsections (b)–(e), (g)(1)(A), and (g)(2) of section 31310’’ for ‘‘section 31310(b)–(e) of this title’’.
Subsec. (a)(17), (18). Pub. L. 105–178, § 4011(e)(2), (3), redesignated par. (18) as (17) and struck out former par.
(17) which read as follows: ‘‘The State shall adopt and
enforce regulations prescribed by the Secretary under
section 31310(g)(1)(A) and (2) of this title.’’
1995—Subsec. (a)(18). Pub. L. 104–88 added par. (18).
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.
STATE-TO-STATE NOTIFICATION OF VIOLATIONS DATA
Pub. L. 106–159, title II, § 221, Dec. 9, 1999, 113 Stat.
1769, provided that:
‘‘(a) DEVELOPMENT.—In cooperation with the States,
the Secretary shall develop a uniform system to sup-

port the electronic transmission of data State-to-State
on convictions for all motor vehicle traffic control law
violations by individuals possessing a commercial drivers’ licenses as required by paragraphs (9) and (19) of
section 31311(a) of title 49, United States Code.
‘‘(b) STATUS REPORT.—Not later than 2 years after the
date of the enactment of this Act [Dec. 9, 1999], the Secretary shall transmit to the Committee on Commerce,
Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the
House of Representatives a report on the status of the
implementation of this section.’’

§ 31312. Decertification authority
(a) IN GENERAL.—If the Secretary of Transportation determines that a State is in substantial
noncompliance with this chapter, the Secretary
shall issue an order to—
(1) prohibit that State from carrying out licensing procedures under this chapter; and
(2) prohibit that State from issuing any
commercial driver’s licenses until such time
the Secretary determines such State is in substantial compliance with this chapter.
(b) EFFECT ON OTHER STATES.—A State (other
than a State subject to an order under subsection (a)) may issue a non-resident commercial driver’s license to an individual domiciled
in a State that is prohibited from such activities
under subsection (a) if that individual meets all
requirements of this chapter and the nonresident licensing requirements of the issuing
State.
(c) PREVIOUSLY ISSUED LICENSES.—Nothing in
this section shall be construed as invalidating or
otherwise affecting commercial driver’s licenses
issued by a State before the date of issuance of
an order under subsection (a) with respect to the
State.
(Added Pub. L. 106–159, title II, § 203(a), Dec. 9,
1999, 113 Stat. 1762.)
PRIOR PROVISIONS
A prior section 31312, Pub. L. 103–272, § 1(e), July 5,
1994, 108 Stat. 1025, related to grants for testing and ensuring the fitness of operators of commercial motor vehicles, prior to repeal by Pub. L. 105–178, title IV,
§ 4011(f), June 9, 1998, 112 Stat. 408.

§ 31313. Grants for commercial driver’s license
program improvements
(a) GRANTS FOR COMMERCIAL DRIVER’S LICENSE
PROGRAM IMPROVEMENTS.—
(1) GENERAL AUTHORITY.—The Secretary of
Transportation may make a grant to a State
in a fiscal year—
(A) to comply with the requirements of
section 31311; and
(B) in the case of a State that is making a
good faith effort toward substantial compliance with the requirements of section 31311
and this section, to improve its implementation of its commercial driver’s license program.
(2) PURPOSES FOR WHICH GRANTS MAY BE
USED.—

(A) IN GENERAL.—A State may use grants
under paragraphs (1)(A) and (1)(B) only for
expenses directly related to its compliance
with section 31311; except that a grant under
paragraph (1)(B) may be used for improving