Attachment E - 49 U.S.C. § 31502 titled, “Requirements for qualifications, hours of service, safety, and equipment standards.”

Page 803
Sec.

31502.
31503.
31504.

§ 31502

TITLE 49—TRANSPORTATION
AMENDMENTS

Requirements for qualifications, hours of
service, safety, and equipment standards.
Research, investigation, and testing.
Identification of motor vehicles.
HISTORICAL AND REVISION NOTES

Chapter 315 is a restatement of existing chapter 31 of
title 49, United States Code, that is redesignated as
chapter 315 by section 1(c) of the bill.

1995—Par. (2). Pub. L. 104–88, § 308(k)(1), substituted
‘‘13102’’ for ‘‘10102’’.
Par. (3)(A). Pub. L. 104–88, § 308(k)(2), substituted
‘‘13501’’ for ‘‘10521(a)’’.
1994—Pub. L. 103–272 renumbered section 3101 of this
title as this section and amended it generally, restating
it without substantive change.
Par. (1). Pub. L. 103–429 substituted ‘‘section 3(f)’’ for
‘‘section 203(f)’’.

§ 31501. Definitions

EFFECTIVE DATE OF 1995 AMENDMENT

In this chapter—
(1) ‘‘migrant worker’’ means an individual
going to or from employment in agriculture as
provided under section 3121(g) of the Internal
Revenue Code of 1986 (26 U.S.C. 3121(g)) or section 3(f) of the Fair Labor Standards Act of
1938 (29 U.S.C. 203(f)).
(2) ‘‘motor carrier’’, ‘‘motor common carrier’’, ‘‘motor private carrier’’, ‘‘motor vehicle’’, and ‘‘United States’’ have the same
meanings given those terms in section 13102 of
this title.
(3) ‘‘motor carrier of migrant workers’’—
(A) means a person (except a motor common carrier) providing transportation referred to in section 13501 of this title by a
motor vehicle (except a passenger automobile or station wagon) for at least 3 migrant workers at a time to or from their employment; but
(B) does not include a migrant worker providing transportation for migrant workers
and their immediate families.
(Pub. L. 97–449, Jan. 12, 1983, 96 Stat. 2438, § 3101;
renumbered § 31501 and amended Pub. L. 103–272,
§ 1(c), (e), July 5, 1994, 108 Stat. 745, 1029; Pub. L.
103–429, § 6(26), Oct. 31, 1994, 108 Stat. 4380; Pub.
L. 104–88, title III, § 308(k)(1), (2), Dec. 29, 1995, 109
Stat. 947, 948.)
HISTORICAL AND REVISION NOTES
PUB. L. 97–449
Revised
Section

Source (U.S. Code)

3101(1) ........

49:303(a)(23).

3101(2) ........
3101(3) ........

(no source).
49:303(a)(22).

Source (Statutes at Large)
Feb. 4, 1887, ch. 104, 24 Stat.
397, § 203(a)(22), (23); added
Aug. 3, 1956, ch. 905, § 1, 70
Stat. 958.

In clause (1), the words ‘‘going to or from’’ are substituted for ‘‘proceeding to or returning from’’ for clarity.
Clause (2) is included to ensure that the identical
definitions that are relevant are used without repeating them. The source provisions for the quoted definitions are found in the revision notes for section 10102 of
the revised title.
In clause (3), the words ‘‘including any ‘contract common carrier by motor vehicle’ ’’ are omitted as covered
by the definition of ‘‘motor carrier’’. The words ‘‘referred to in section 10521(a) of this title’’ are substituted for ‘‘in interstate or foreign commerce’’ for
clarity and consistency in the revised title. The word
‘‘except’’ is substituted for ‘‘but not including’’ for
clarity. The words ‘‘at least’’ are substituted for ‘‘or
more’’, and the words ‘‘but the term does not include’’
are substituted for ‘‘except’’, for consistency.
PUB. L. 103–429
This amends 49:31501(1) to correct an erroneous crossreference.

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 1301 of this title.
EFFECTIVE DATE OF 1994 AMENDMENT
Amendment by Pub. L. 103–429 effective July 5, 1994,
see section 9 of Pub. L. 103–429, set out as a note under
section 321 of this title.
EXEMPTIONS FROM REQUIREMENTS OF THIS CHAPTER
FOR CERTAIN FARM VEHICLES
For provisions relating to exemptions from certain
requirements of this chapter with respect to certain
farm vehicles and individuals operating those vehicles,
see section 32934 of Pub. L. 112–141, set out as a note
under section 31136 of this title.

§ 31502. Requirements for qualifications, hours of
service, safety, and equipment standards
(a) APPLICATION.—This section applies to
transportation—
(1) described in sections 13501 and 13502 of
this title; and
(2) to the extent the transportation is in the
United States and is between places in a foreign country, or between a place in a foreign
country and a place in another foreign country.
(b) MOTOR CARRIER AND PRIVATE MOTOR CARREQUIREMENTS.—The Secretary of Transportation may prescribe requirements for—
(1) qualifications and maximum hours of
service of employees of, and safety of operation and equipment of, a motor carrier; and
(2) qualifications and maximum hours of
service of employees of, and standards of
equipment of, a motor private carrier, when
needed to promote safety of operation.

RIER

(c) MIGRANT WORKER MOTOR CARRIER REQUIREMENTS.—The Secretary may prescribe requirements for the comfort of passengers, qualifications and maximum hours of service of operators, and safety of operation and equipment of a
motor carrier of migrant workers. The requirements only apply to a carrier transporting a migrant worker—
(1) at least 75 miles; and
(2) across the boundary of a State, territory,
or possession of the United States.
(d) CONSIDERATIONS.—Before prescribing or revising any requirement under this section, the
Secretary shall consider the costs and benefits
of the requirement.
(e) EXCEPTION.—
(1) IN GENERAL.—Notwithstanding any other
provision of law, regulations issued under this
section or section 31136 regarding—
(A) maximum driving and on-duty times
applicable to operators of commercial motor
vehicles,

§ 31502

TITLE 49—TRANSPORTATION

(B) physical testing, reporting, or recordkeeping, and
(C) the installation of automatic recording
devices associated with establishing the
maximum driving and on-duty times referred to in subparagraph (A),
shall not apply to any driver of a utility service vehicle during an emergency period of not
more than 30 days declared by an elected State
or local government official under paragraph
(2) in the area covered by the declaration.
(2) DECLARATION OF EMERGENCY.—An elected
State or local government official or elected
officials of more than one State or local government jointly may issue an emergency declaration for purposes of paragraph (1) after notice to the Field Administrator of the Federal
Motor Carrier Safety Administration with jurisdiction over the area covered by the declaration.
(3) INCIDENT REPORT.—Within 30 days after
the end of the declared emergency period the
official who issued the emergency declaration
shall file with the Field Administrator a report of each safety-related incident or accident that occurred during the emergency period involving—
(A) a utility service vehicle driver to
which the declaration applied; or
(B) a utility service vehicle of the driver to
which the declaration applied.
(4) DEFINITIONS.—In this subsection, the following definitions apply:
(A) DRIVER OF A UTILITY SERVICE VEHICLE.—
The term ‘‘driver of a utility service vehicle’’ means any driver who is considered to
be a driver of a utility service vehicle for
purposes of section 345(a)(4) 1 of the National
Highway System Designation Act of 1995 (49
U.S.C. 31136 note; 109 Stat. 613).
(B) UTILITY SERVICE VEHICLE.—The term
‘‘utility service vehicle’’ has the meaning
that term has under section 345(e)(6) 1 of the
National Highway System Designation Act
of 1995 (49 U.S.C. 31136 note; 109 Stat 2
614–615).

(E) the motor carrier that employs the
driver maintains and retains for a period of
6 months accurate and true time records
that show—
(i) the time the driver reports for duty
each day;
(ii) the total number of hours the driver
is on duty each day;
(iii) the time the driver is released from
duty each day; and
(iv) the total time for the preceding driving week the driver is used for the first
time or intermittently.
(2) DEFINITION.—In this section, the term
‘‘driver of a ready mixed concrete delivery vehicle’’ means a driver of a vehicle designed to
deliver ready mixed concrete on a daily basis
and is equipped with a mechanism under
which the vehicle’s propulsion engine provides
the power to operate a mixer drum to agitate
and mix the product en route to the delivery
site.
(Pub. L. 97–449, Jan. 12, 1983, 96 Stat. 2438, § 3102;
Pub. L. 98–554, title II, § 206(h), Oct. 30, 1984, 98
Stat. 2835; renumbered § 31502 and amended Pub.
L. 103–272, § 1(c), (e), July 5, 1994, 108 Stat. 745,
1029; Pub. L. 104–88, title III, § 308(k)(3), Dec. 29,
1995, 109 Stat. 948; Pub. L. 105–178, title IV,
§ 4012(a), June 9, 1998, 112 Stat. 408; Pub. L.
109–59, title IV, § 4145(b), Aug. 10, 2005, 119 Stat.
1749; Pub. L. 114–94, div. A, title V, § 5521, Dec. 4,
2015, 129 Stat. 1559.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

3102(a) ........
3102(b)(1) ....

(no source).
49:304(a)(1)–(2) (related to qualifications, hours of
service, and safety).

3102(b)(2) ....

49:304(a)(3) (1st sentence).
49:1655(e)(6)(C).

3102(c) ........

49:304(a)(3a) (1st
sentence).

(f) READY MIXED CONCRETE DELIVERY VEHICLES.—

(1) IN GENERAL.—Notwithstanding any other
provision of law, regulations issued under this
section or section 31136 (including section
395.1(e)(1)(ii) of title 49, Code of Federal Regulations) regarding reporting, recordkeeping, or
documentation of duty status shall not apply
to any driver of a ready mixed concrete delivery vehicle if—
(A) the driver operates within a 100 airmile radius of the normal work reporting location;
(B) the driver returns to the work reporting location and is released from work within 14 consecutive hours;
(C) the driver has at least 10 consecutive
hours off duty following each 14 hours on
duty;
(D) the driver does not exceed 11 hours
maximum driving time following 10 consecutive hours off duty; and
1 See
2 So

References in Text note below.
in original. Probably should be followed by a period.

Page 804

Source (Statutes at Large)

Feb. 4, 1887, ch. 104, 24 Stat.
379, § 204(a)(1)–(2) (related
to qualifications, hours of
service, and safety), (3)
(1st sentence); added Aug.
9, 1935, ch. 498, 49 Stat. 546.
Oct. 15, 1966, Pub. L. 89–670,
§ 6(e)(6)(C), 80 Stat. 939.
Feb. 4, 1887, ch. 104, 24 Stat.
379, § 204(a)(3a) (1st sentence); added Aug. 3, 1956,
ch. 905, § 2, 70 Stat. 958.

49:1655(e)(6)(C).

Throughout the chapter, the words ‘‘Secretary of
Transportation’’ are substituted for ‘‘Interstate Commerce Commission’’ because 49:1655(e)(6)(B)–(D) transferred the authority of the Interstate Commerce Commission under the provisions restated in this chapter to
the Secretary of Transportation.
Subsection (a) is included to maintain the jurisdictional scope of the source provisions from which subsections (b) and (c) of the revised section are taken.
Subsections (b) and (c) are based on 49:304 which, as
part of 49:ch. 8, is now restated as subchapter II of
chapter 105 of the revised title. In addition, 49:303(a)(11)
(last sentence) extended the jurisdictional scope of
49:304 as provided in subsection (a) of the revised section.
In subsection (b), before clause (1), the words ‘‘and to
that end’’ are omitted as surplus. The word ‘‘prescribe’’
is substituted for ‘‘establish’’ for consistency. The word
‘‘reasonable’’ is omitted as surplus.
In subsection (b)(1), the words ‘‘as provided in this
chapter’’ are omitted as unnecessary because of the restatement. The term ‘‘motor carrier’’ is substituted for
‘‘common carriers by motor vehicle’’ and ‘‘contract
carriers by motor vehicle’’ because they are inclusive.

Page 805

TITLE 49—TRANSPORTATION

In subsection (b)(2), the words ‘‘when needed’’ are
substituted for ‘‘if need therefor is found’’ to eliminate
unnecessary words.
In subsection (c), the word ‘‘prescribe’’ is substituted
for ‘‘establish’’ for consistency. The word ‘‘reasonable’’
is omitted as surplus. The words ‘‘for a total distance
of’’ are omitted as unnecessary because of the restatement. The words ‘‘at least’’ are substituted for ‘‘more
than’’ for consistency. The word ‘‘line’’ is omitted as
surplus. The words ‘‘possession of the United States’’
are added for consistency in the revised title. The
words ‘‘a foreign country’’ and ‘‘the District of Columbia’’ are omitted as unnecessary because a carrier
crossing the boundary of a foreign country or the District of Columbia into or from the United States would
necessarily cross the boundary of a State and be covered by the provision related to a State.
REFERENCES IN TEXT
Section 345 of the National Highway System Designation Act of 1995, referred to in subsec. (e)(4), is section
345 of Pub. L. 104–59, which was set out as a note under
section 31136 of this title, prior to repeal by Pub. L.
109–59, title IV, § 4115(d), Aug. 10, 2005, 119 Stat. 1726. The
text of 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 as a note under
section 31136 of this title.
AMENDMENTS
2015—Subsec. (f). Pub. L. 114–94 added subsec. (f).
2005—Subsec. (e)(2). Pub. L. 109–59, § 4145(b)(1), substituted ‘‘Field Administrator of the Federal Motor
Carrier Safety Administration’’ for ‘‘Regional Director
of the Federal Highway Administration’’.
Subsec. (e)(3). Pub. L. 109–59, § 4145(b)(2), substituted
‘‘Field Administrator’’ for ‘‘Regional Director’’ in introductory provisions.
1998—Subsec. (e). Pub. L. 105–178 added subsec. (e).
1995—Subsec. (a)(1). Pub. L. 104–88 substituted ‘‘13501
and 13502’’ for ‘‘10521 and 10522’’.
1994—Pub. L. 103–272 renumbered section 3102 of this
title as this section and amended it generally, restating
it without substantive change.
1984—Subsec. (d). Pub. L. 98–554 added subsec. (d).
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–94 effective Oct. 1, 2015,
see section 1003 of Pub. L. 114–94, set out as a note
under section 5313 of Title 5, Government Organization
and Employees.
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 1301 of this title.
SAVINGS PROVISION
Pub. L. 100–690, title IX, § 9102(c), Nov. 18, 1988, 102
Stat. 4529, provided that: ‘‘The amendment made by
subsection (a) [amending section 2505 of former Title 49,
Transportation] shall not be construed as having any
effect on the enactment of subsection (d) of section 3102
[now 31502] of title 49, United States Code, which subsection (d) was added to such section by section 206(h)
of the Motor Carrier Safety Act of 1984 [Pub. L. 98–554]
on October 30, 1984.’’
CONTINUED APPLICATION OF SAFETY AND MAINTENANCE
REQUIREMENTS
Pub. L. 105–178, title IV, § 4012(b), June 9, 1998, 112
Stat. 409, provided that:
‘‘(1) IN GENERAL.—The amendment made by subsection (a) [amending this section] may not be construed—
‘‘(A) to exempt any utility service vehicle from
compliance with any applicable provision of law relating to vehicle mechanical safety, maintenance requirements, or inspections; or

§ 31503

‘‘(B) to exempt any driver of a utility service vehicle from any applicable provision of law (including
any regulation) established for the issuance, maintenance, or periodic renewal of a commercial driver’s
license for that driver.
‘‘(2) DEFINITIONS.—In this subsection, the following
definitions apply:
‘‘(A) COMMERCIAL DRIVER’S LICENSE.—The term
‘commercial driver’s license’ has the meaning that
term has under section 31301 of title 49, United States
Code.
‘‘(B) DRIVER OF A UTILITY SERVICE VEHICLE.—The
term ‘driver of a utility service vehicle’ has the
meaning that term has under section 31502(e)(2) of
such title [probably should be section 31502(e)(4)(A) of
such title].
‘‘(C) REGULATION.—The term ‘regulation’ has the
meaning that term has under section 31132 of such
title.
‘‘(D) UTILITY SERVICE VEHICLE.—The term ‘utility
service vehicle’ has the meaning that term has under
section 345(e)(6) of the National Highway System Designation Act of 1995 [Pub. L. 104–59] (49 U.S.C. 31136
note; 109 Stat. 614–615).’’
STUDY OF ADEQUACY OF PARKING FACILITIES
Pub. L. 105–178, title IV, § 4027, June 9, 1998, 112 Stat.
417, directed the Secretary to conduct a study on the
adequacy of parking facilities at commercial truck
stops and to transmit a report on the study and authorized appropriations for fiscal years 1999, 2000, and 2001.
EXEMPTIONS FROM REQUIREMENTS RELATING TO
COMMERCIAL MOTOR VEHICLES AND THEIR OPERATORS
For provisions relating to exemptions from regulations prescribed under this section as to maximum
driving and on-duty time for drivers used by motor carriers, see section 345 of Pub. L. 104–59, set out as a note
under section 31136 of this title.

§ 31503. Research, investigation, and testing
(a) GENERAL AUTHORITY.—The Secretary of
Transportation may investigate and report on
the need for regulation by the United States
Government of sizes, weight, and combinations
of motor vehicles and qualifications and maximum hours of service of employees of a motor
carrier subject to subchapter I of chapter 135 of
this title and a motor private carrier. The Secretary shall use the services of each department,
agency, or instrumentality of the Government
and each organization of motor carriers having
special knowledge of a matter being investigated.
(b) USE OF SERVICES.—In carrying out this
chapter, the Secretary may use the services of a
department, agency, or instrumentality of the
Government having special knowledge about
safety, to conduct scientific and technical research, investigation, and testing when necessary to promote safety of operation and equipment of motor vehicles. The Secretary may reimburse the department, agency, or instrumentality for the services provided.
(Pub. L. 97–449, Jan. 12, 1983, 96 Stat. 2439, § 3103;
renumbered § 31503 and amended Pub. L. 103–272,
§ 1(c), (e), July 5, 1994, 108 Stat. 745, 1030; Pub. L.
104–88, title III, § 308(k)(4), Dec. 29, 1995, 109 Stat.
948.)