2013 US Code
Title 49 - Transportation
Subtitle VI - MOTOR VEHICLE AND DRIVER PROGRAMS (§§ 30101 - 33118)
Part B - COMMERCIAL (§§ 31100 - 31708)
Chapter 313 - COMMERCIAL MOTOR VEHICLE OPERATORS (§§ 31301 - 31317)
Section 31315 - Waivers, exemptions, and pilot programs
Publication Title | United States Code, 2012 Edition, Supplement 1, Title 49 - TRANSPORTATION |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 49 - TRANSPORTATION SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS PART B - COMMERCIAL CHAPTER 313 - COMMERCIAL MOTOR VEHICLE OPERATORS Sec. 31315 - Waivers, exemptions, and pilot programs |
Contains | section 31315 |
Date | 2013 |
Laws in Effect as of Date | January 16, 2014 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Pub. L. 103-272, §1(e), July 5, 1994, 108 Stat. 1029; Pub. L. 105-178, title IV, §4007(a), June 9, 1998, 112 Stat. 401; Pub. L. 112-141, div. C, title II, §32913, July 6, 2012, 126 Stat. 818. |
Statutes at Large References | 100 Stat. 3207-186 108 Stat. 1029 112 Stat. 401 126 Stat. 818 |
Public Law References | Public Law 99-570, Public Law 103-272, Public Law 105-178, Public Law 112-141 |
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(a)
(1) for a period not in excess of 3 months;
(2) limited in scope and circumstances;
(3) for nonemergency and unique events; and
(4) subject to such conditions as the Secretary may impose.
(b)
(1)
(2)
(A) the person fails to comply with the terms and conditions of such exemption;
(B) the exemption has resulted in a lower level of safety than was maintained before the exemption was granted; or
(C) continuation of the exemption would not be consistent with the goals and objectives of this chapter or section 31136, as the case may be.
(3)
(A) The provisions from which the person requests exemption.
(B) The time period during which the requested exemption would apply.
(C) An analysis of the safety impacts the requested exemption may cause.
(D) The specific countermeasures the person would undertake to ensure an equivalent or greater level of safety than would be achieved absent the requested exemption.
(4)
(A)
(B)
(C)
(5)
(6)
(7)
(c)
(1)
(2)
(A) A scheduled life of each pilot program of not more than 3 years.
(B) A specific data collection and safety analysis plan that identifies a method for comparison.
(C) A reasonable number of participants necessary to yield statistically valid findings.
(D) An oversight plan to ensure that participants comply with the terms and conditions of participation.
(E) Adequate countermeasures to protect the health and safety of study participants and the general public.
(F) A plan to inform State partners and the public about the pilot program and to identify approved participants to safety compliance and enforcement personnel and to the public.
(3)
(4)
(5)
(d)
(e)
(f)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1029; Pub. L. 105–178, title IV, §4007(a), June 9, 1998, 112 Stat. 401; Pub. L. 112–141, div. C, title II, §32913, July 6, 2012, 126 Stat. 818.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
31315 | 49 App.:2711. | Oct. 27, 1986, Pub. L. 99–570, §12013, 100 Stat. 3207–186. |
The words "Notwithstanding any other provision of this chapter" are omitted as surplus.
REFERENCES IN TEXTThe date of enactment of this section, referred to in subsec. (b)(3), probably means the date of enactment of Pub. L. 105–178, which amended this section generally and was approved June 9, 1998.
AMENDMENTS2012—Subsec. (b)(4)(A). Pub. L. 112–141, §32913(a)(1), inserted "(or, in the case of a request for an exemption from the physical qualification standards for commercial motor vehicle drivers, post on a web site established by the Secretary to implement the requirements of section 31149)" after "Federal Register".
Subsec. (b)(4)(B). Pub. L. 112–141, §32913(a)(2), amended subpar. (B) generally. Prior to amendment, text read as follows: "Upon granting a request for exemption, the Secretary shall publish in the Federal Register the name of the person granted the exemption, the provisions from which the person will be exempt, the effective period, and all terms and conditions of the exemption."
Subsec. (b)(4)(C). Pub. L. 112–141, §32913(a)(3), inserted "(or, in the case of a request for an exemption from the physical qualification standards for commercial motor vehicle drivers, post on a web site established by the Secretary to implement the requirements of section 31149)" after "Federal Register".
Subsec. (b)(7). Pub. L. 112–141, §32913(b), amended par. (7) generally. Prior to amendment, text read as follows: "Before granting a request for exemption, the Secretary shall notify State safety compliance and enforcement personnel, including roadside inspectors, and the public that a person will be operating pursuant to an exemption and any terms and conditions that will apply to the exemption."
Subsec. (c)(1). Pub. L. 112–141, §32913(c), struck out "in the Federal Register" after "shall publish".
Subsecs. (e), (f). Pub. L. 112–141, §32913(d), added subsecs. (e) and (f).
1998—Pub. L. 105–178 amended section catchline and text generally. Prior to amendment, text read as follows: "After notice and an opportunity for comment, the Secretary of Transportation may waive any part of this chapter or a regulation prescribed under this chapter as it applies to a class of individuals or commercial motor vehicles if the Secretary decides the waiver is not contrary to the public interest and does not diminish the safe operation of commercial motor vehicles. A waiver under this section shall be published in the Federal Register with reasons for the waiver."
EFFECTIVE DATE OF 2012 AMENDMENTAmendment 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.
PROTECTION OF EXISTING EXEMPTIONSFor provisions making amendment by section 4007 of Pub. L. 105–178 inapplicable to or otherwise not affecting waiver, exemption, or pilot program in effect the day before June 9, 1998, under this chapter or section 31136(e) of this title, see section 4007(d) of Pub. L. 105–178, set out as a note under section 31136 of this title.
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