2012 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 31136 - United States Government regulations
Publication Title | United States Code, 2012 Edition, 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. 31136 - United States Government regulations |
Contains | section 31136 |
Date | 2012 |
Laws in Effect as of Date | January 15, 2013 |
Positive Law | Yes |
Disposition | standard |
Source Credit | 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. |
Statutes at Large References | 98 Stat. 2834, 2835 102 Stat. 4528 108 Stat. 1003 109 Stat. 610, 613, 615, 958 110 Stat. 3394 112 Stat. 403, 192, 404, 416, 839 113 Stat. 1752 115 Stat. 2094 119 Stat. 1728, 1726, 1744, 1745 122 Stat. 1616 126 Stat. 818, 778, 809, 830 |
Public Law References | Public Law 98-554, Public Law 100-690, Public Law 103-272, Public Law 104-59, Public Law 104-88, Public Law 104-287, Public Law 105-178, Public Law 105-206, Public Law 106-159, Public Law 107-110, Public Law 109-59, Public Law 110-244, Public Law 112-141 |
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(a)
(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)
(c)
(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.
(d)
(e)
(f)
(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.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
31136(a) | 49 App.:2505(a), (g). | Oct. 30, 1984, Pub. L. 98–554, §206(a)–(g), 98 Stat. 2834. |
31136(b) | 49 App.:2505(b). | |
31136(c) | 49 App.:2505(c). | |
31136(d) | 49 App.:2505(d), (e). | |
31136(e) | 49 App.:2505(f). | |
31136(f) | 49 App.:2505(h). | 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.
Amendments2012—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 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.
Effective Date of 2005 AmendmentAmendment 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 SafetyPub. 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)
“(2)
“(3)
“(4)
“(5)
“(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)
“(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)
“(8)
“(9)
“(10)
“(11)
“(12)
“(13)
“(a)
“(b)
“(1)
“(2)
“(3)
“(c)
“(1)
“(2)
“(d)
“(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)
“(1)
“(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.
“(2)
“(A)
“(B)
“(a)
“(b)
“(a)
“(1)
“(2)
“(3)
“(b)
“(a)
“(b)
“(c)
“(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)
“(b)
“(1)
“(A)
“(i)
“(ii)
“(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)
“(2)
“(A)
“(B)
“(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)
“(b)
“(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.
“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 VehiclesPub. L. 112–141, div. C, title II, §32934, July 6, 2012, 126 Stat. 830, provided that:
“(a)
“(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)
“(1)
“(2)
“(c)
“(1)
“(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;
“(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)
“(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)
“(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)
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 effect under the regulations in effect under such sections on April 27, 2003.”
Interstate Van OperationsPub. 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 RetrofittingPub. 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 ExemptionsPub. 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)
“(1)
“(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)
“(3)
“(4)
“(A)
“(B)
“(5)
“(b)
“(c)
“(d)
“(e)
“(1) 7
“(2) 24-
“(3)
“(4)
“(5)
“(6)
“(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)
“(8)
“(f)
“(1)
“(2)
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.”
Application of Regulations to Certain Commercial Motor VehiclesPub. 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 SafetyPub. 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 RulemakingPub. L. 104–88, title IV, §408, Dec. 29, 1995, 109 Stat. 958, provided that:
“(a)
“(b)
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 ProgramPub. 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)
“(b)
“(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)
“(d)
“(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)
“(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 motor carriers delivering home heating oil during winter periods of peak demand.
“(f)
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