2011 US Code
Title 49 - Transportation
Subtitle VI - MOTOR VEHICLE AND DRIVER PROGRAMS (§§ 30101 - 33118)
Part B - COMMERCIAL (§§ 31100 - 31708)
Chapter 315 - MOTOR CARRIER SAFETY (§§ 31501 - 31504)
Section 31502 - Requirements for qualifications, hours of service, safety, and equipment standards
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 315 - MOTOR CARRIER SAFETY Sec. 31502 - Requirements for qualifications, hours of service, safety, and equipment standards |
Contains | section 31502 |
Date | 2011 |
Laws in Effect as of Date | January 3, 2012 |
Positive Law | Yes |
Disposition | standard |
Source Credit | 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. |
Statutes at Large References | 24 Stat. 379 49 Stat. 546 70 Stat. 958 80 Stat. 939 96 Stat. 2438 98 Stat. 2835 102 Stat. 4529 108 Stat. 745 109 Stat. 613, 948, 614-615 112 Stat. 408, 409, 417 119 Stat. 1749, 1726 |
Public Law References | Public Law 89-670, Public Law 97-449, Public Law 98-554, Public Law 100-690, Public Law 103-272, Public Law 104-59, Public Law 104-88, Public Law 105-178, Public Law 106-159, Public Law 109-59 |
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(a)
(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)
(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.
(c)
(1) at least 75 miles; and
(2) across the boundary of a State, territory, or possession of the United States.
(d)
(e)
(1)
(A) maximum driving and on-duty times applicable to operators of commercial motor vehicles,
(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)
(3)
(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)
(A)
(B)
(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.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
3102(a) | (no source). | |
3102(b)(1) | 49:304(a)(1)–(2) (related to qualifications, hours of service, and safety). | 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. |
3102(b)(2) | 49:304(a)(3) (1st sentence). | |
49:1655(e)(6)(C). | Oct. 15, 1966, Pub. L. 89–670, §6(e)(6)(C), 80 Stat. 939. | |
3102(c) | 49:304(a)(3a) (1st sentence). | 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.
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 TextSection 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.
Amendments2005—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 1995 AmendmentAmendment 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 701 of this title.
Savings ProvisionPub. 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 RequirementsPub. L. 105–178, title IV, §4012(b), June 9, 1998, 112 Stat. 409, provided that:
“(1)
“(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
“(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)
“(A)
“(B)
“(C)
“(D)
Pub. L. 105–178, title IV, §4027, June 9, 1998, 112 Stat. 417, provided that:
“(a)
“(b)
“(c)
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.
1 See References in Text note below.
2 So in original. Probably should be followed by a period.
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