2011 US Code
Title 49 - Transportation
Subtitle VI - MOTOR VEHICLE AND DRIVER PROGRAMS (§§ 30101 - 33118)
Part B - COMMERCIAL (§§ 31100 - 31708)
Chapter 311 - COMMERCIAL MOTOR VEHICLE SAFETY (§§ 31100 - 31161)
Subchapter III - SAFETY REGULATION (§§ 31131 - 31151)
Section 31142 - Inspection of vehicles
View MetadataPublication Title | United States Code, 2006 Edition, Supplement 5, 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 311 - COMMERCIAL MOTOR VEHICLE SAFETY SUBCHAPTER III - SAFETY REGULATION Sec. 31142 - Inspection of vehicles |
Contains | section 31142 |
Date | 2011 |
Laws in Effect as of Date | January 3, 2012 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Pub. L. 103-272, §1(e), July 5, 1994, 108 Stat. 1010; Pub. L. 105-178, title IV, §4008(f), (g), June 9, 1998, 112 Stat. 405. |
Statutes at Large References | 98 Stat. 2829, 2839 104 Stat. 3273 108 Stat. 1010 112 Stat. 405 |
Public Law References | Public Law 98-554, Public Law 101-615, Public Law 103-272, Public Law 105-178 |
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(a)
(b)
(c)
(A) prevent a State or voluntary group of States from imposing more stringent standards for use in their own periodic roadside inspection programs of commercial motor vehicles;
(B) prevent a State from enforcing a program for inspection of commercial motor vehicles that the Secretary decides is as effective as the Government standards prescribed under subsection (b) of this section;
(C) prevent a State from participating in the activities of a voluntary group of States enforcing a program for inspection of commercial motor vehicles; or
(D) require a State that is enforcing a program described in clause (B) or (C) of this paragraph to enforce a Government standard prescribed under subsection (b) of this section or to adopt a provision on inspection of commercial motor vehicles in addition to that program to comply with the Government standards.
(2) The Government standards prescribed under subsection (b) of this section shall preempt a program of a State described in paragraph (1)(C) of this subsection as the program applies to the inspection of commercial motor vehicles in that State. The State may not enforce the program if the Secretary—
(A) decides, after notice and an opportunity for a hearing, that the State is not enforcing the program in a way that achieves the objectives of this section; and
(B) after making a decision under clause (A) of this paragraph, provides the State with a 6-month period to improve the enforcement of the program to achieve the objectives of this section.
(d)
(e)
(f)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1010; Pub. L. 105–178, title IV, §4008(f), (g), June 9, 1998, 112 Stat. 405.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
31142(a) | 49 App.:2509(a). | Oct. 30, 1984, Pub. L. 98–554, §210(a)–(f), 98 Stat. 2839. |
31142(b) | 49 App.:2509(b), (c). | |
31142(c) | 49 App.:2509(d). | |
31142(d) | 49 App.:2509(e). | |
31142(e) | 49 App.:2509(f). | |
31142(f) | 49 App.:2509(g). | Oct. 30, 1984, Pub. L. 98–554, 98 Stat. 2829, §210(g); added Nov. 16, 1990, Pub. L. 101–615, §24, 104 Stat. 3273. |
In this section, language about whether a State law or regulation may be “in effect” is omitted as redundant to language about whether it may be “enforced”.
In subsection (b), the words “shall prescribe regulations on” are substituted for “shall, by rule, establish” for consistency in the revised title and with other titles of the United States Code and because “rule” is synonymous with “regulation”. The words “For purposes of this chapter” are omitted as unnecessary. The text of 49 App.:2509(c) is omitted as executed.
In subsection (c)(1), before clause (A), the words “this subchapter and section 31102 of this title do not” are substituted for “nothing in section 2302 of this Appendix or section 2507 of this Appendix or any other provision of this chapter shall be construed as” to eliminate unnecessary words.
Amendments1998—Subsec. (a). Pub. L. 105–178, §4008(f), substituted “the regulations issued under section 31136” for “part 393 of title 49, Code of Federal Regulations”.
Subsec. (c)(1)(C). Pub. L. 105–178, §4008(g), amended subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: “prevent a State from enforcing a program for inspection of commercial motor vehicles that meets the requirements for membership in the Commercial Vehicle Safety Alliance, as those requirements were in effect on October 30, 1984; or”.
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