49 U.s.c. 31301

From the U.S. Code Online via GPO Access

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[Laws in effect as of January 3, 2005]

[Document not affected by Public Laws enacted between

January 3, 2005 and February 7, 2007]

[CITE: 49USC31301]

TITLE 49--TRANSPORTATION

SUBTITLE VI--MOTOR VEHICLE AND DRIVER PROGRAMS

PART B--COMMERCIAL

CHAPTER 313--COMMERCIAL MOTOR VEHICLE OPERATORS

Sec. 31301. Definitions

In this chapter--

(1) ``alcohol'' has the same meaning given the term ``alcoholic

beverage'' in section 158(c) of title 23.

(2) ``commerce'' means trade, traffic, and transportation--

(A) in the jurisdiction of the United States between a place

in a State and a place outside that State (including a place

outside the United States); or

(B) in the United States that affects trade, traffic, and

transportation described in subclause (A) of this clause.

(3) ``commercial driver's license'' means a license issued by a

State to an individual authorizing the individual to operate a class

of commercial motor vehicles.

(4) ``commercial motor vehicle'' means a motor vehicle used in

commerce to transport passengers or property that--

(A) has a gross vehicle weight rating or gross vehicle

weight of at least 26,001 pounds, whichever is greater, or a

lesser gross vehicle weight rating or gross vehicle weight the

Secretary of Transportation prescribes by regulation, but not

less than a gross vehicle weight rating of 10,001 pounds;

(B) is designed to transport at least 16 passengers

including the driver; or

(C) is used to transport material found by the Secretary to

be hazardous under section 5103 of this title, except that a

vehicle shall not be included as a commercial motor vehicle

under this subclause if--

(i) the vehicle does not satisfy the weight requirements

of subclause (A) of this clause;

(ii) the vehicle is transporting material listed as

hazardous under section 306(a) of the Comprehensive

Environmental Response, Compensation, and Liability Act of

1980 (42 U.S.C. 9656(a)) and is not otherwise regulated by

the Secretary or is transporting a consumer commodity or

limited quantity of hazardous material as defined in section

171.8 of title 49, Code of Federal Regulations; and

(iii) the Secretary does not deny the application of

this exception to the vehicle (individually or as part of a

class of motor vehicles) in the interest of safety.

(5) except in section 31306, ``controlled substance'' has the

same meaning given that term in section 102 of the Comprehensive

Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 802).

(6) ``driver's license'' means a license issued by a State to an

individual authorizing the individual to operate a motor vehicle on

highways.

(7) ``employee'' means an operator of a commercial motor vehicle

(including an independent contractor when operating a commercial

motor vehicle) who is employed by an employer.

(8) ``employer'' means a person (including the United States

Government, a State, or a political subdivision of a State) that

owns or leases a commercial motor vehicle or assigns employees to

operate a commercial motor vehicle.

(9) ``felony'' means an offense under a law of the United States

or a State that is punishable by death or imprisonment for more than

one year.

(10) ``hazardous material'' has the same meaning given that term

in section 5102 of this title.

(11) ``motor vehicle'' means a vehicle, machine, tractor,

trailer, or semitrailer propelled or drawn by mechanical power and

used on public streets, roads, or highways, but does not include a

vehicle, machine, tractor, trailer, or semitrailer operated only on

a rail line or custom harvesting farm machinery.

(12) ``serious traffic violation'' means--

(A) excessive speeding, as defined by the Secretary by

regulation;

(B) reckless driving, as defined under State or local law;

(C) a violation of a State or local law on motor vehicle

traffic control (except a parking violation) and involving a

fatality, other than a violation to which section 31310(b)(1)(E)

or 31310(c)(1)(E) applies;

(D) driving a commercial motor vehicle when the individual

has not obtained a commercial driver's license;

(E) driving a commercial motor vehicle when the individual

does not have in his or her possession a commercial driver's

license unless the individual provides, by the date that the

individual must appear in court or pay any fine with respect to

the citation, to the enforcement authority that issued the

citation proof that the individual held a valid commercial

driver's license on the date of the citation;

(F) driving a commercial motor vehicle when the individual

has not met the minimum testing standards--

(i) under section 31305(a)(3) for the specific class of

vehicle the individual is operating; or

(ii) under section 31305(a)(5) for the type of cargo the

vehicle is carrying; and

(G) any other similar violation of a State or local law on

motor vehicle traffic control (except a parking violation) that

the Secretary designates by regulation as serious.

(13) ``State'' means a State of the United States and the

District of Columbia.

(14) ``United States'' means the States of the United States and

the District of Columbia.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1014; Pub. L. 105-

178, title IV, Sec. 4011(a), June 9, 1998, 112 Stat. 407; Pub. L. 106-

159, title II, Sec. 201(a)(3), (c), Dec. 9, 1999, 113 Stat. 1759, 1760.)

Historical and Revision Notes

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Revised Section Source (U.S. Code) Source (Statutes at Large)

----------------------------------------------------------------------------------------------------------------

31301(1).............................. 49 App.:2716(1), (13). Oct. 27, 1986, Pub. L. 99-570, Sec.

12019(1)-(4), (6)-(15), 100 Stat. 3207-

187, 3207-188.

31301(2).............................. 49 App.:2716(3).

31301(3).............................. 49 App.:2716(4).

31301(4).............................. 49 App.:2716(6).

31301(5).............................. 49 App.:2716(7).

31301(6).............................. 49 App.:2716(2).

31301(7).............................. 49 App.:2716(8).

31301(8).............................. 49 App.:2716(9).

31301(9).............................. 49 App.:2716(10).

31301(10)............................. 49 App.:2716(11).

31301(11)............................. 49 App.:2716(5). Oct. 27, 1986, Pub. L. 99-570, Sec.

12019(5), 100 Stat. 3207-188; Apr. 2,

1987, Pub. L. 100-17, Sec. 133(c)(2),

101 Stat. 172; Dec. 18, 1991, Pub. L.

102-240, Sec. 4010, 105 Stat. 2156.

31301(12)............................. 49 App.:2716(12).

31301(13)............................. 49 App.:2716(14).

31301(14)............................. 49 App.:2716(15).

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In clause (1), the text of 49 App.:2716(13) is omitted as surplus

because the complete name of the Secretary of Transportation is used the

first time the term appears in a section.

In clause (4)(A), the words ``at least 26,001 pounds'' are

substituted for ``26,001 or more pounds'', and the word ``prescribes''

is substituted for ``determines appropriate'', for consistency in the

revised title.

In clause (4)(B), the words ``at least 16 passengers'' are

substituted for ``more than 15 passengers'' for consistency.

Clause (4)(C)(i) is substituted for ``and which has a gross vehicle

weight rating of less than 26,001 pounds (or such gross vehicle weight

rating as determined appropriate by the Secretary under subparagraph

(A))'' to eliminate unnecessary words. In subclause (iii), the words

``deny the application of this exception'' are substituted for ``waive

the application of the preceding sentence'' for clarity and because of

the restatement.

In clause (11), the words ``public streets, roads, or'' are added

for consistency in the revised title.

In clause (12)(C), the words ``involving a fatality'' are

substituted for ``arising in connection with a fatal traffic accident''

to eliminate unnecessary words.

Amendments

1999--Par. (12)(C). Pub. L. 106-159, Sec. 201(a)(3), inserted ``,

other than a violation to which section 31310(b)(1)(E) or 31310(c)(1)(E)

applies'' after ``a fatality''.

Par. (12)(D) to (G). Pub. L. 106-159, Sec. 201(c), added subpars.

(D) to (F) and redesignated former subpar. (D) as (G).

1998--Par. (4)(A). Pub. L. 105-178, Sec. 4011(a)(1), inserted ``or

gross vehicle weight'' after ``rating'' first two places that term

appears and ``, whichever is greater,'' after ``26,001 pounds''.

Par. (4)(C)(ii). Pub. L. 105-178, Sec. 4011(a)(2), inserted ``is''

before ``transporting'' in two places and before ``not otherwise

regulated''.

Exemptions From Requirements Relating to Commercial Motor Vehicles and

Their Operators

For provisions relating to waiver of requirements of this chapter

with respect to vehicles used for snow or ice removal, see section

345(a)(5) of Pub. L. 104-59, set out as a note under section 31136 of

this title.