Attachment B, 49 U.S.C. 31136

§ 31136

TITLE 49—TRANSPORTATION

read as follows: ‘‘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.’’
2005—Pub. L. 109–59 designated existing provisions as
subsec. (a), inserted heading, and added subsecs. (b) to
(d).
EFFECTIVE DATE OF 2012 AMENDMENT
Amendment by Pub. L. 112–141 effective Oct. 1, 2012,
see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note
under section 101 of Title 23, Highways.

§ 31136. United States Government regulations
(a) MINIMUM SAFETY STANDARDS.—Subject to
section 30103(a) of this title, the Secretary of
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;
(4) the operation of commercial motor vehicles does not have a deleterious effect on the
physical condition of the operators; and
(5) an operator of a commercial motor vehicle is not coerced by a motor carrier, shipper,
receiver, or transportation intermediary to
operate a commercial motor vehicle in violation of a regulation promulgated under this
section, or chapter 51 or chapter 313 of this
title.
(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.

Page 648

(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
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; Pub. L.
112–141, div. C, title II, § 32911, July 6, 2012, 126
Stat. 818.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

31136(a) ......

49 App.:2505(a), (g).

31136(b) ......
31136(c) ......

49 App.:2505(b).
49 App.:2505(c).

Source (Statutes at Large)
Oct. 30, 1984, Pub. L. 98–554,
§ 206(a)–(g), 98 Stat. 2834.

Page 649

TITLE 49—TRANSPORTATION

HISTORICAL AND REVISION NOTES—CONTINUED
Revised
Section

Source (U.S. Code)

31136(d) ......
31136(e) ......
31136(f) .......

49 App.:2505(d), (e).
49 App.:2505(f).
49 App.:2505(h).

Source (Statutes at Large)

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
2012—Subsec. (a)(5). Pub. L. 112–141 added par. (5).
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 2012 AMENDMENT
Amendment by Pub. L. 112–141 effective Oct. 1, 2012,
see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note
under section 101 of Title 23, Highways.
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.
MOTORCOACH ENHANCED SAFETY
Pub. L. 112–141, div. C, title II, subtitle G, July 6, 2012,
126 Stat. 809, provided that:
‘‘SEC. 32701. SHORT TITLE.
‘‘This subtitle may be cited as the ‘Motorcoach Enhanced Safety Act of 2012’.
‘‘SEC. 32702. DEFINITIONS.
‘‘In this subtitle:
‘‘(1) ADVANCED GLAZING.—The term ‘advanced glazing’ means glazing installed in a portal on the side or
the roof of a motorcoach that is designed to be highly
resistant to partial or complete occupant ejection in
all types of motor vehicle crashes.
‘‘(2) BUS.—The term ‘bus’ has the meaning given
the term in section 571.3(b) of title 49, Code of Federal

§ 31136

Regulations (as in effect on the day before the date of
enactment of this Act [see section 3(a), (b) of Pub. L.
112–141, set out as Effective and Termination Dates of
2012 Amendment notes under section 101 of Title 23,
Highways]).
‘‘(3) COMMERCIAL MOTOR VEHICLE.—Except as otherwise specified, the term ‘commercial motor vehicle’
has the meaning given the term in section 31132(1) of
title 49, United States Code.
‘‘(4) DIRECT TIRE PRESSURE MONITORING SYSTEM.—
The term ‘direct tire pressure monitoring system’
means a tire pressure monitoring system that is capable of directly detecting when the air pressure level
in any tire is significantly under-inflated and providing the driver a low tire pressure warning as to which
specific tire is significantly under-inflated.
‘‘(5) MOTOR CARRIER.—The term ‘motor carrier’
means—
‘‘(A) a motor carrier (as defined in section
13102(14) of title 49, United States Code); or
‘‘(B) a motor private carrier (as defined in section
13102(15) of that title).
‘‘(6) MOTORCOACH.—The term ‘motorcoach’ has the
meaning given the term ‘over-the-road bus’ in section
3038(a)(3) of the Transportation Equity Act for the
21st Century [Pub. L. 105–178] (49 U.S.C. 5310 note),
but does not include—
‘‘(A) a bus used in public transportation provided
by, or on behalf of, a public transportation agency;
or
‘‘(B) a school bus, including a multifunction
school activity bus.
‘‘(7) MOTORCOACH SERVICES.—The term ‘motorcoach
services’ means passenger transportation by motorcoach for compensation.
‘‘(8) MULTIFUNCTION SCHOOL ACTIVITY BUS.—The
term ‘multifunction school activity bus’ has the
meaning given the term in section 571.3(b) of title 49,
Code of Federal Regulations (as in effect on the day
before the date of enactment of this Act).
‘‘(9) PORTAL.—The term ‘portal’ means any opening
on the front, side, rear, or roof of a motorcoach that
could, in the event of a crash involving the motorcoach, permit the partial or complete ejection of any
occupant from the motorcoach, including a young
child.
‘‘(10) PROVIDER OF MOTORCOACH SERVICES.—The term
‘provider of motorcoach services’ means a motor carrier that provides passenger transportation services
with a motorcoach, including per-trip compensation
and contracted or chartered compensation.
‘‘(11) PUBLIC TRANSPORTATION.—The term ‘public
transportation’ has the meaning given the term in
section 5302 of title 49, United States Code.
‘‘(12) SAFETY BELT.—The term ‘safety belt’ has the
meaning given the term in section 153(i)(4)(B) of title
23, United States Code.
‘‘(13) SECRETARY.—The term ‘Secretary’ means the
Secretary of Transportation.
‘‘SEC. 32703. REGULATIONS FOR IMPROVED OCCUPANT PROTECTION, PASSENGER EVACUATION,
AND CRASH AVOIDANCE.
‘‘(a) REGULATIONS REQUIRED WITHIN 1 YEAR.—Not
later than 1 year after the date of enactment of this
Act, the Secretary shall prescribe regulations requiring
safety belts to be installed in motorcoaches at each
designated seating position.
‘‘(b) REGULATIONS REQUIRED WITHIN 2 YEARS.—Not
later than 2 years after the date of enactment of this
Act, the Secretary shall prescribe regulations that address the following commercial motor vehicle standards, if the Secretary determines that such standards
meet the requirements and considerations set forth in
subsections (a) and (b) of section 30111 of title 49,
United States Code:
‘‘(1) ROOF STRENGTH AND CRUSH RESISTANCE.—The
Secretary shall establish improved roof and roof support standards for motorcoaches that substantially
improve the resistance of motorcoach roofs to defor-

§ 31136

TITLE 49—TRANSPORTATION

mation and intrusion to prevent serious occupant injury in rollover crashes involving motorcoaches.
‘‘(2) ANTI-EJECTION SAFETY COUNTERMEASURES.—The
Secretary shall consider requiring advanced glazing
standards for each motorcoach portal and shall consider other portal improvements to prevent partial
and complete ejection of motorcoach passengers, including children. In prescribing such standards, the
Secretary shall consider the impact of such standards
on the use of motorcoach portals as a means of emergency egress.
‘‘(3) ROLLOVER CRASH AVOIDANCE.—The Secretary
shall consider requiring motorcoaches to be equipped
with stability enhancing technology, such as electronic stability control and torque vectoring, to reduce the number and frequency of rollover crashes
among motorcoaches.
‘‘(c) COMMERCIAL MOTOR VEHICLE TIRE PRESSURE
MONITORING SYSTEMS.—Not later than 3 years after the
date of enactment of this Act, the Secretary shall prescribe the following commercial vehicle regulation:
‘‘(1) IN GENERAL.—The Secretary shall consider requiring motorcoaches to be equipped with direct tire
pressure monitoring systems that warn the operator
of a commercial motor vehicle when any tire exhibits
a level of air pressure that is below a specified level
of air pressure established by the Secretary, if the
Secretary determines that such standards meet the
requirements and considerations set forth in subsections (a) and (b) of section 30111 of title 49, United
States Code.
‘‘(2) PERFORMANCE REQUIREMENTS.—In any standard
adopted under paragraph (1), the Secretary shall include performance requirements to meet the objectives identified in paragraph (1) of this subsection.
‘‘(d) TIRE PERFORMANCE STANDARD.—Not later than 3
years after the date of enactment of this Act, the Secretary shall consider—
‘‘(1) issuing a rule to upgrade performance standards for tires used on motorcoaches, including an enhanced endurance test and a new high-speed performance test; or
‘‘(2) if the Secretary determines that a standard
does not meet the requirements and considerations
set forth in subsections (a) and (b) of section 30111 of
title 49, United States Code, submit a report that describes the reasons for not prescribing such a standard to—
‘‘(A) the Committee on Commerce, Science, and
Transportation of the Senate;
‘‘(B) the Committee on Transportation and Infrastructure of the House of Representatives; and
‘‘(C) the Committee on Energy and Commerce of
the House of Representatives.
‘‘(e) APPLICATION OF REGULATIONS.—
‘‘(1) NEW MOTORCOACHES.—Any regulation prescribed in accordance with subsection (a), (b), (c), or
(d) shall—
‘‘(A) apply to all motorcoaches manufactured
more than 3 years after the date on which the regulation is published as a final rule;
‘‘(B) take into account the impact to seating capacity of changes to size and weight of
motorcoaches and the ability to comply with State
and Federal size and weight requirements; and
‘‘(C) be based on the best available science.
ASSESSMENT
FOR
EXISTING
‘‘(2)
RETROFIT
MOTORCOACHES.—
‘‘(A) IN GENERAL.—The Secretary may assess the
feasibility, benefits, and costs with respect to the
application of any requirement established under
subsection (a) or (b)(2) to motorcoaches manufactured before the date on which the requirement applies to new motorcoaches under paragraph (1).
‘‘(B) REPORT.—The Secretary shall submit a report on the assessment to the Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Transportation and Infrastructure and the Committee on Energy and Commerce of the House of Representatives not later

Page 650

than 2 years after the date of enactment of this
Act.
‘‘SEC. 32704. FIRE PREVENTION AND MITIGATION.
‘‘(a) RESEARCH AND TESTING.—The Secretary shall
conduct research and testing to determine the most
prevalent causes of motorcoach fires and the best
methods to prevent such fires and to mitigate the effect of such fires, both inside and outside the motorcoach. Such research and testing shall consider flammability of exterior components, smoke suppression,
prevention of and resistance to wheel well fires, automatic fire suppression, passenger evacuation, causation
and prevention of motorcoach fires, and improved fire
extinguishers.
‘‘(b) STANDARDS.—Not later than 3 years after the
date of enactment of this Act, the Secretary may issue
fire
prevention
and
mitigation
standards
for
motorcoaches, based on the results of the Secretary’s
research and testing, taking into account highway size
and weight restrictions applicable to motorcoaches, if
the Secretary determines that such standards meet the
requirements and considerations set forth in subsections (a) and (b) of section 30111 of title 49, United
States Code.
‘‘SEC. 32705. OCCUPANT PROTECTION, COLLISION
AVOIDANCE, FIRE CAUSATION, AND FIRE EXTINGUISHER RESEARCH AND TESTING.
‘‘(a) SAFETY RESEARCH INITIATIVES.—Not later than 3
years after the date of enactment of this Act, the Secretary shall complete the following research and testing:
‘‘(1) INTERIOR IMPACT PROTECTION.—The Secretary
shall research and test enhanced occupant impact
protection technologies for motorcoach interiors to
reduce serious injuries for all passengers of
motorcoaches.
‘‘(2) COMPARTMENTALIZATION SAFETY COUNTERMEASURES.—The Secretary shall research and test enhanced
compartmentalization
safety
countermeasures for motorcoaches, including enhanced seating designs.
‘‘(3) COLLISION AVOIDANCE SYSTEMS.—The Secretary
shall research and test forward and lateral crash
warning systems applications for motorcoaches.
‘‘(b) RULEMAKING.—Not later than 2 years after the
completion of each research and testing initiative required under subsection (a), the Secretary shall issue
final motor vehicle safety standards if the Secretary
determines that such standards meet the requirements
and considerations set forth in subsections (a) and (b)
of section 30111 of title 49, United States Code.
‘‘SEC. 32706. CONCURRENCE OF RESEARCH AND
RULEMAKING.
‘‘(a) REQUIREMENTS.—To the extent feasible, the Secretary shall ensure that research programs are carried
out concurrently, and in a manner that concurrently
assesses results, potential countermeasures, costs, and
benefits.
‘‘(b) AUTHORITY TO COMBINE RULEMAKINGS.—When
considering each of the rulemaking provisions, the Secretary may initiate a single rulemaking proceeding encompassing all aspects or may combine the rulemakings as the Secretary deems appropriate.
‘‘(c) CONSIDERATIONS.—If the Secretary undertakes
separate rulemaking proceedings, the Secretary shall—
‘‘(1) consider whether each added aspect of rulemaking may contribute to addressing the safety need
determined to require rulemaking;
‘‘(2) consider the benefits obtained through the
safety belts rulemaking in section 32703(a); and
‘‘(3) avoid duplicative benefits, costs, and countermeasures.
‘‘SEC. 32707. IMPROVED OVERSIGHT OF MOTORCOACH SERVICE PROVIDERS.
‘‘(a) SAFETY REVIEWS.—[Amended section 31144 of this
title.]
‘‘(b) DISCLOSURE OF SAFETY PERFORMANCE RATINGS OF
MOTORCOACH SERVICES AND OPERATIONS.—

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TITLE 49—TRANSPORTATION

‘‘(1) DEFINITIONS.—In this subsection:
‘‘(A) MOTORCOACH.—
‘‘(i) IN GENERAL.—Except as provided in clause
(ii), the term ‘motorcoach’ has the meaning given
the term ‘over-the-road bus’ in section 3038(a)(3)
of the Transportation Equity Act for the 21st Century [Pub. L. 105–178] (49 U.S.C. 5310 note).
‘‘(ii) EXCLUSIONS.—The term ‘motorcoach’ does
not include—
‘‘(I) a bus used in public transportation that is
provided by a State or local government; or
‘‘(II) a school bus (as defined in section
30125(a)(1) of title 49, United States Code), including a multifunction school activity bus.
‘‘(B) MOTORCOACH SERVICES AND OPERATIONS.—The
term ‘motorcoach services and operations’ means
passenger transportation by a motorcoach for compensation.
‘‘(2) REQUIREMENTS FOR THE DISCLOSURE OF SAFETY
PERFORMANCE RATINGS OF MOTORCOACH SERVICES AND
OPERATIONS.—
‘‘(A) IN GENERAL.—Not later than 1 year after the

date of enactment of this Act, the Secretary shall
establish, through notice and opportunity for public to comment, requirements to improve the accessibility to the public of safety rating information of
motorcoach services and operations.
‘‘(B) DISPLAY.—In establishing the requirements
under subparagraph (A), the Secretary shall consider requirements for each motor carrier that
owns or leases 1 or more motorcoaches that transport passengers subject to the Secretary’s jurisdiction under section 13501 of title 49, United States
Code, to prominently display safety fitness information pursuant to section 31144 of title 49, United
States Code—
‘‘(i) in each terminal of departure;
‘‘(ii) in the motorcoach and visible from a position exterior to the vehicle at the point of departure, if the motorcoach does not depart from a
terminal; and
‘‘(iii) at all points of sale for such motorcoach
services and operations.
‘‘SEC. 32708. REPORT ON FEASIBILITY, BENEFITS,
AND COSTS OF ESTABLISHING A SYSTEM OF
CERTIFICATION OF TRAINING PROGRAMS.
‘‘Not later than 2 years after the date of enactment
of this Act, the Secretary of Transportation shall submit a report to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee
on Transportation and Infrastructure of the House of
Representatives that describes the feasibility, benefits,
and costs of establishing a system of certification of
public and private schools and of motor carriers and
motorcoach operators that provide motorcoach driver
training.
‘‘SEC. 32709. COMMERCIAL DRIVER’S LICENSE PASSENGER ENDORSEMENT REQUIREMENTS.
‘‘(a) IN GENERAL.—Not later than 2 years after the
date of enactment of this Act, the Secretary of Transportation shall review and assess the current knowledge and skill testing requirements for a commercial
driver’s license passenger endorsement to determine
what improvements to the knowledge test, the examination of driving skills, and the application of such requirements are necessary to ensure the safe operation
of commercial motor vehicles designed or used to
transport passengers.
‘‘(b) REPORT.—Not later than 120 days after completion of the review and assessment under subsection (a),
the Secretary of Transportation shall submit to the
Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate—
‘‘(1) a report on the review and assessment conducted under subsection (a);
‘‘(2) a plan to implement any changes to the knowledge and skills tests; and
‘‘(3) a timeframe by which the Secretary will implement the changes.

§ 31136

‘‘SEC. 32710. SAFETY INSPECTION PROGRAM FOR
COMMERCIAL MOTOR VEHICLES OF PASSENGERS.
‘‘Not later than 3 years after the date of enactment
of this Act, the Secretary of Transportation shall complete a rulemaking proceeding to consider requiring
States to establish a program for annual inspections of
commercial motor vehicles designed or used to transport passengers, including an assessment of—
‘‘(1) the risks associated with improperly maintained or inspected commercial motor vehicles designed or used to transport passengers;
‘‘(2) the effectiveness of existing Federal standards
for the inspection of such vehicles in—
‘‘(A) mitigating the risks described in paragraph
(1); and
‘‘(B) ensuring the safe and proper operation condition of such vehicles; and
‘‘(3) the costs and benefits of a mandatory inspection program.
‘‘SEC. 32711. REGULATIONS.
‘‘Any standard or regulation prescribed or modified
pursuant to the Motorcoach Enhanced Safety Act of
2012 shall be prescribed or modified in accordance with
section 553 of title 5, United States Code.’’
EXEMPTIONS FROM REQUIREMENTS FOR COVERED FARM
VEHICLES
Pub. L. 112–141, div. C, title II, § 32934, July 6, 2012, 126
Stat. 830, provided that:
‘‘(a) FEDERAL REQUIREMENTS.—A covered farm vehicle, including the individual operating that vehicle,
shall be exempt from the following:
‘‘(1) Any requirement relating to commercial driver’s licenses established under chapter 313 of title 49,
United States Code.
‘‘(2) Any requirement relating to drug-testing established under chapter 313 of title 49, United States
Code.
‘‘(3) Any requirement relating to medical certificates established under—
‘‘(A) subchapter III of chapter 311 of title 49,
United States Code; or
‘‘(B) chapter 313 of title 49, United States Code.
‘‘(4) Any requirement relating to hours of service
established under—
‘‘(A) subchapter III of chapter 311 of title 49,
United States Code; or
‘‘(B) chapter 315 of title 49, United States Code.
‘‘(5) Any requirement relating to vehicle inspection, repair, and maintenance established under—
‘‘(A) subchapter III of chapter 311 of title 49,
United States Code; or
‘‘(B) chapter 315 of title 49, United States Code.
‘‘(b) STATE REQUIREMENTS.—
‘‘(1) IN GENERAL.—Federal transportation funding to
a State may not be terminated, limited, or otherwise
interfered with as a result of the State exempting a
covered farm vehicle, including the individual operating that vehicle, from any State requirement relating
to the operation of that vehicle.
‘‘(2) EXCEPTION.—Paragraph (1) does not apply with
respect to a covered farm vehicle transporting hazardous materials that require a placard.
‘‘(c) COVERED FARM VEHICLE DEFINED.—
‘‘(1) IN GENERAL.—In this section, the term ‘covered
farm vehicle’ means a motor vehicle (including an articulated motor vehicle)—
‘‘(A) that—
‘‘(i) is traveling in the State in which the vehicle is registered or another State;
‘‘(ii) is operated by—
‘‘(I) a farm owner or operator;
‘‘(II) a ranch owner or operator; or
‘‘(III) an employee or family member of an individual specified in subclause (I) or (II);
‘‘(iii) is transporting to or from a farm or
ranch—
‘‘(I) agricultural commodities;

§ 31136

TITLE 49—TRANSPORTATION

‘‘(II) livestock; or
‘‘(III) machinery or supplies;
‘‘(iv) except as provided in paragraph (2), is not
used in the operations of a for-hire motor carrier;
and
‘‘(v) is equipped with a special license plate or
other designation by the State in which the vehicle is registered to allow for identification of the
vehicle as a farm vehicle by law enforcement personnel; and
‘‘(B) that has a gross vehicle weight rating or
gross vehicle weight, whichever is greater, that is—
‘‘(i) 26,001 pounds or less; or
‘‘(ii) greater than 26,001 pounds and traveling
within the State or within 150 air miles of the
farm or ranch with respect to which the vehicle is
being operated.
‘‘(2) INCLUSION.—In this section, the term ‘covered
farm vehicle’ includes a motor vehicle that meets the
requirements of paragraph (1) (other than paragraph
(1)(A)(iv)) and—
‘‘(A) is operated pursuant to a crop share farm
lease agreement;
‘‘(B) is owned by a tenant with respect to that
agreement; and
‘‘(C) is transporting the landlord’s portion of the
crops under that agreement.
‘‘(d) SAFETY STUDY.—The Secretary of Transportation shall conduct a study of the exemption required
by subsection (a) as follows:
‘‘(1) Data and analysis of covered farm vehicles
shall include—
‘‘(A) the number of vehicles that are operated
subject to each of the regulatory exemptions permitted under subsection (a);
‘‘(B) the number of drivers that operate covered
farm vehicles subject to each of the regulatory exemptions permitted under subsection (a);
‘‘(C) the number of crashes involving covered
farm vehicles;
‘‘(D) the number of occupants and non-occupants
injured in crashes involving covered farm vehicles;
‘‘(E) the number of fatalities of occupants and
non-occupants killed in crashes involving farm vehicles;
‘‘(F) crash investigations and accident reconstruction investigations of all fatalities in crashes
involving covered farm vehicles;
‘‘(G) overall operating mileage of covered farm
vehicles;
‘‘(H) numbers of covered farm vehicles that operate in neighboring States; and
‘‘(I) any other data the Secretary deems necessary to analyze and include.
‘‘(2) A listing of State regulations issued and maintained in each State that are identical to the Federal
regulations that are subject to exemption in subsection (a).
‘‘(3) The Secretary shall report the findings of the
study to the appropriate committees of Congress not
later than 18 months after the date of enactment of
this Act [see section 3(a), (b) of Pub. L. 112–141, set
out as Effective and Termination Dates of 2012
Amendment notes under section 101 of Title 23, Highways].
‘‘(e) CONSTRUCTION.—Nothing in this section shall be
construed as authority for the Secretary of Transportation to prescribe regulations.’’
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 ef-

Page 652

fect 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; Pub.
L. 112–141, div. C, title II, § 32101(d), July 6, 2012, 126
Stat. 778, 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—
‘‘(A) drivers transporting agricultural commodities from the source of the agricultural commodities to a location within a 150 air-mile radius from
the source;
‘‘(B) drivers transporting farm supplies for agricultural purposes from a wholesale or retail distribution point of the farm supplies to a farm or
other location where the farm supplies are intended
to be used within a 150 air-mile radius from the distribution point; or
‘‘(C) drivers transporting farm supplies for agricultural purposes from a wholesale distribution
point of the farm supplies to a retail distribution
point of the farm supplies within a 150 air-mile radius from the wholesale distribution point.
‘‘(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
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 inter-

Page 653

TITLE 49—TRANSPORTATION

state 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,
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

§ 31136

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
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.’’

§ 31136

TITLE 49—TRANSPORTATION

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 equipment, 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

Page 654

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;
‘‘(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

Page 655

TITLE 49—TRANSPORTATION

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. Electronic logging devices and brake
maintenance regulations
(a) USE OF ELECTRONIC LOGGING DEVICES.—Not
later than 1 year after the date of enactment of
the Commercial Motor Vehicle Safety Enhancement Act of 2012, the Secretary of Transportation shall prescribe regulations—
(1) requiring a commercial motor vehicle involved in interstate commerce and operated
by a driver subject to the hours of service and
the record of duty status requirements under
part 395 of title 49, Code of Federal Regulations, be 1 equipped with an electronic logging
device to improve compliance by an operator
of a vehicle with hours of service regulations
prescribed by the Secretary; and
(2) ensuring that an electronic logging device is not used to harass a vehicle operator.
(b) ELECTRONIC LOGGING DEVICE
MENTS.—
(1) IN GENERAL.—The regulations

REQUIRE-

prescribed
under subsection (a) shall—
(A) require an electronic logging device—
(i) to accurately record commercial driver hours of service;
(ii) to record the location of a commercial motor vehicle;
(iii) to be tamper resistant; and
(iv) to be synchronized to the operation
of the vehicle engine or be capable of recognizing when the vehicle is being operated;
(B) allow law enforcement to access the
data contained in the device during a roadside inspection; and
(C) apply to a commercial motor vehicle
beginning on the date that is 2 years after
the date that the regulations are published
as a final rule.

(2) PERFORMANCE AND DESIGN STANDARDS.—
The regulations prescribed under subsection
(a) shall establish performance standards—
(A) defining a standardized user interface
to aid vehicle operator compliance and law
enforcement review;
(B) establishing a secure process for standardized—
(i) and unique vehicle operator identification;
(ii) data access;
(iii) data transfer for vehicle operators
between motor vehicles;
(iv) data storage for a motor carrier; and
(v) data transfer and transportability for
law enforcement officials;
(C) establishing a standard security level
for an electronic logging device and related
components to be tamper resistant by using
a methodology endorsed by a nationally recognized standards organization; and
(D) identifying each driver subject to the
hours of service and record of duty status re1 So

in original. Probably should be preceded by ‘‘to’’.

§ 31137

quirements under part 395 of title 49, Code of
Federal Regulations.
(c) CERTIFICATION CRITERIA.—
(1) IN GENERAL.—The regulations prescribed
by the Secretary under this section shall establish the criteria and a process for the certification of electronic logging devices to ensure that the device meets the performance requirements under this section.
(2) EFFECT OF NONCERTIFICATION.—Electronic
logging devices that are not certified in accordance with the certification process referred to in paragraph (1) shall not be acceptable evidence of hours of service and record of
duty status requirements under part 395 of
title 49, Code of Federal Regulations.
(d) ADDITIONAL CONSIDERATIONS.—The Secretary, in prescribing the regulations described
in subsection (a), shall consider how such regulations may—
(1) reduce or eliminate requirements for
drivers and motor carriers to retain supporting documentation associated with paperbased records of duty status if—
(A) data contained in an electronic logging
device supplants such documentation; and
(B) using such data without paper-based
records does not diminish the Secretary’s
ability to audit and review compliance with
the Secretary’s hours of service regulations;
and
(2) include such measures as the Secretary
determines are necessary to protect the privacy of each individual whose personal data is
contained in an electronic logging device.
(e) USE OF DATA.—
(1) IN GENERAL.—The Secretary may utilize
information contained in an electronic logging
device only to enforce the Secretary’s motor
carrier safety and related regulations, including record-of-duty status regulations.
(2) MEASURES TO PRESERVE CONFIDENTIALITY
OF PERSONAL DATA.—The Secretary shall institute appropriate measures to preserve the confidentiality of any personal data contained in
an electronic logging device and disclosed in
the course of an action taken by the Secretary
or by law enforcement officials to enforce the
regulations referred to in paragraph (1).
(3) ENFORCEMENT.—The Secretary shall institute appropriate measures to ensure any information collected by electronic logging devices
is used by enforcement personnel only for the
purpose of determining compliance with hours
of service requirements.
(f) DEFINITIONS.—In this section:
(1) ELECTRONIC LOGGING DEVICE.—The term
‘‘electronic logging device’’ means an electronic device that—
(A) is capable of recording a driver’s hours
of service and duty status accurately and
automatically; and
(B) meets the requirements established by
the Secretary through regulation.
(2) TAMPER RESISTANT.—The term ‘‘tamper
resistant’’ means resistant to allowing any individual to cause an electronic device to
record the incorrect date, time, and location