2011 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 31309 - Commercial driver's license information system
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 313 - COMMERCIAL MOTOR VEHICLE OPERATORS Sec. 31309 - Commercial driver's license information system |
Contains | section 31309 |
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. 1020; Pub. L. 105-178, title IV, §4011(d), June 9, 1998, 112 Stat. 407; Pub. L. 109-59, title IV, §§4122(2)(E), 4123(a), Aug. 10, 2005, 119 Stat. 1734; Pub. L. 110-244, title III, §301(h), June 6, 2008, 122 Stat. 1616. |
Statutes at Large References | 100 Stat. 3207-175 102 Stat. 4530 108 Stat. 1020 112 Stat. 407, 415 119 Stat. 1734, 1735 122 Stat. 1616 124 Stat. 87, 3525 125 Stat. 17 |
Public Law References | Public Law 99-570, Public Law 100-690, Public Law 103-272, Public Law 105-178, Public Law 109-59, Public Law 110-244, Public Law 111-147, Public Law 111-322, Public Law 112-5 |
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(a)
(b)
(A) information the Secretary considers appropriate to ensure identification of the operator;
(B) the name, address, and physical description of the operator;
(C) the social security account number of the operator or other number or information the Secretary considers appropriate to identify the operator;
(D) the name of the State that issued the license or learner's permit to the operator;
(E) the dates between which the license or learner's permit is valid; and
(F) whether the operator had a commercial motor vehicle driver's license or learner's permit revoked, suspended, or canceled by a State, lost the right to operate a commercial motor vehicle in a State for any period, or has been disqualified from operating a commercial motor vehicle.
(2) The information system under this section must accommodate any unique identifiers required to minimize fraud or duplication of a commercial driver's license or learner's permit under section 31308(2).1
(c)
(d)
(e)
(1)
(A) complies with applicable Federal information technology security standards;
(B) provides for the electronic exchange of all information including the posting of convictions;
(C) contains self auditing features to ensure that data is being posted correctly and consistently by the States;
(D) integrates the commercial driver's license and the medical certificate; and
(E) provides a schedule for modernization of the system.
(2)
(3)
(4)
(A)
(B)
(i) Availability and cost of technology and equipment needed to comply with subparagraph (A).
(ii) Time necessary to install, and test the operation of, such technology and equipment.
(5)
(f)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1020; Pub. L. 105–178, title IV, §4011(d), June 9, 1998, 112 Stat. 407; Pub. L. 109–59, title IV, §§4122(2)(E), 4123(a), Aug. 10, 2005, 119 Stat. 1734; Pub. L. 110–244, title III, §301(h), June 6, 2008, 122 Stat. 1616.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
31309(a) | 49 App.:2706(a). | Oct. 27, 1986, Pub. L. 99–570, §12007, 100 Stat. 3207–175. |
31309(b) | 49 App.:2706(b). | |
31309(c) | 49 App.:2706(c). | |
31309(d)(1) | 49 App.:2706(d). | |
31309(d)(2) | 49 App.:2706 (note). | Nov. 18, 1988, Pub. L. 100–690, §9105(a), 102 Stat. 4530. |
31309(e) | 49 App.:2706(e). | |
31309(f) | 49 App.:2706(f), (g). | |
49 App.:2706 (note). | Nov. 18, 1988, Pub. L. 100–690, §9105(b), 102 Stat. 4530. |
In subsection (a), the words “Not later than January 1, 1989” are omitted as obsolete. The words “shall consult with” are substituted for “consult” for clarity.
In subsection (b), the text of 49 App.:2706(b)(1) is omitted as executed. The words “utilizing such system” are omitted as surplus.
In subsection (f), the text of 49 App.:2706(g) and section 9105(b) of the Anti-Drug Abuse Act of 1988 (Public Law 100–690, 102 Stat. 4530) is omitted as obsolete.
References in TextPar. (2) of section 31308, referred to in subsec. (b)(2), was redesignated par. (3) and a new par. (2) was added by Pub. L. 109–59, title IV, §4122(2)(C), (D), Aug. 10, 2005, 119 Stat. 1734.
The date of enactment of this subsection, referred to in subsec. (e)(1), is the date of enactment of Pub. L. 109–59, which was approved Aug. 10, 2005.
Amendments2008—Subsec. (f). Pub. L. 110–244 substituted “31313” for “31318”.
2005—Subsec. (b)(1)(D) to (F), (2). Pub. L. 109–59, §4122(2)(E), inserted “or learner's permit” after “license”.
Subsecs. (e), (f). Pub. L. 109–59, §4123(a), added subsecs. (e) and (f).
1998—Subsec. (a). Pub. L. 105–178, §4011(d)(1), (2), substituted “maintain an information system” for “make an agreement under subsection (b) of this section for the operation of, or establish under subsection (c) of this section, an information system” and inserted “The system shall be coordinated with activities carried out under section 31106.” before “The Secretary shall consult”.
Subsec. (b). Pub. L. 105–178, §4011(d)(3), (8), redesignated subsec. (d) as (b) and struck out heading and text of former subsec. (b). Text read as follows: “If the Secretary decides that an information system used by a State or States about the driving status of operators of motor vehicles or another State-operated information system could be used to carry out this section, and the State or States agree to the use of the system for carrying out this section, the Secretary may make an agreement with the State or States to use the system as provided in this section and section 31311(c) of this title. An agreement made under this subsection shall contain terms the Secretary considers necessary to carry out this chapter.”
Subsec. (c). Pub. L. 105–178, §4011(d)(3), (8), redesignated subsec. (e) as (c) and struck out heading and text of former subsec. (c). Text read as follows: “If the Secretary does not make an agreement under subsection (b) of this section, the Secretary shall establish an information system about the driving status and licensing of operators of commercial motor vehicles as provided in this section.”
Subsec. (d). Pub. L. 105–178, §4011(d)(8), redesignated subsec. (f) as (d). Former subsec. (d) redesignated (b).
Subsec. (d)(2). Pub. L. 105–178, §4011(d)(4), added par. (2) and struck out former par. (2) which read as follows: “Not later than December 31, 1990, the Secretary shall prescribe regulations on minimum uniform standards for a biometric identification system to ensure the identification of operators of commercial motor vehicles.”
Subsec. (e). Pub. L. 105–178, §4011(d)(8), redesignated subsec. (e) as (c).
Pub. L. 105–178, §4011(d)(5), added subsec. (e) and struck out heading and text of former subsec. (e). Text read as follows:
“(1) On request of a State, the Secretary or the operator of the information system, as the case may be, may make available to the State information in the information system under this section.
“(2) On request of an employee, the Secretary or the operator of the information system, as the case may be, may make available to the employee information in the information system about the employee.
“(3) On request of an employer or prospective employer of an employee and after notification to the employee, the Secretary or the operator of the information system, as the case may be, may make available to the employer or prospective employer information in the information system about the employee.
“(4) On the request of the Secretary, the operator of the information system shall make available to the Secretary information about the driving status and licensing of operators of commercial motor vehicles (including information required by subsection (d)(1) of this section).”
Subsec. (f). Pub. L. 105–178, §4011(d)(8), redesignated subsec. (f) as (d).
Pub. L. 105–178, §4011(d)(6), (7), substituted “The Secretary may establish” for “If the Secretary establishes an information system under this section, the Secretary shall establish”.
Grants for Modernization of Commercial Driver's License Information SystemsPub. L. 109–59, title IV, §4123(c)–(e), Aug. 10, 2005, 119 Stat. 1735, 1736, as amended by Pub. L. 111–147, title IV, §422(f), Mar. 18, 2010, 124 Stat. 87; Pub. L. 111–322, title II, §2202(f), Dec. 22, 2010, 124 Stat. 3525; Pub. L. 112–5, title II, §202(f), Mar. 4, 2011, 125 Stat. 17, provided that:
“(c)
“(1)
“(2)
“(3)
“(4)
“(d)
“(1) $5,000,000 for fiscal year 2006;
“(2) $7,000,000 for fiscal year 2007;
“(3) $8,000,000 for fiscal year 2008;
“(4) $8,000,000 for fiscal year 2009;
“(5) $8,000,000 for fiscal year 2010; and
“(6) $8,000,000 for fiscal year 2011.
“(e)
“(1)
“(2)
“(3)
Pub. L. 105–178, title IV, §4022, June 9, 1998, 112 Stat. 415, provided that:
“(a)
“(1)
“(2)
“(A) determine to what extent driver performance records data, including relevant fines, penalties, and failures to appear for a hearing or trial, should be included as part of any information systems under the Department of Transportation's oversight;
“(B) assess the feasibility, costs, safety impact, pricing impact, and benefits of record exchanges; and
“(C) assess methods for the efficient exchange of driver safety data available from existing State information systems and sources.
“(3)
“(b)
1 See References in Text note below.
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