Attachment I: 49 U.S.C. 31136(a)(1), United States Government Regulations

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

(a) Minimum Safety Standards.--Subject to section 30103(a) of this

title, the Secretary of Transportation shall prescribe regulations on

commercial motor vehicle safety. The regulations shall prescribe minimum

safety standards for commercial motor vehicles. At a minimum, the

regulations shall ensure that--

(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

(4) the operation of commercial motor vehicles does not have a

deleterious effect on the physical condition of the operators.

(b) Eliminating and Amending Existing Regulations.--The Secretary

may not eliminate or amend an existing motor carrier safety regulation

related only to the maintenance, equipment, loading, or operation

(including routing) of vehicles carrying material found to be hazardous

under section 5103 of this title until an equivalent or more stringent

regulation has been prescribed under section 5103.

(c) Procedures and Considerations.--(1) A regulation under this

section shall be prescribed under section 553 of title 5 (without regard

to sections 556 and 557 of title 5).

(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) Effect of Existing Regulations.--If the Secretary does not

prescribe regulations on commercial motor vehicle safety under this

section, regulations on commercial motor vehicle safety prescribed by

the Secretary before October 30, 1984, and in effect on October 30,

1984, shall be deemed in this subchapter to be regulations prescribed by

the Secretary under this section.

(e) Exemptions.--The Secretary may grant in accordance with section

31315 waivers and exemptions from, or conduct pilot programs with

respect to, any regulations prescribed under this section.

(f) Limitations on Municipality and Commercial Zone Exemptions and

Waivers.--(1) The Secretary may not--

(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, Sec. 1(e), July 5, 1994, 108 Stat. 1003; Pub. L. 104-

59, title III, Sec. 344, Nov. 28, 1995, 109 Stat. 610; Pub. L. 104-287,

Sec. 5(60), Oct. 11, 1996, 110 Stat. 3394; Pub. L. 105-178, title IV,

Sec. 4007(c), June 9, 1998, 112 Stat. 403.)

Historical and Revision Notes

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

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31136(a).............................. 49 App.:2505(a), (g). Oct. 30, 1984, Pub. L. 98-554, Sec.

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, Sec.

206(h), 98 Stat. 2835; restated Nov.

18, 1988, Pub. L. 100-690, Sec.

9102(a), 102 Stat. 4528.

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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., Sec. 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.

Amendments

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).

Authority To Promulgate Safety Standards for Retrofitting

Pub. L. 106-159, title I, Sec. 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.''

Protection of Existing Exemptions

Pub. L. 105-178, title IV, Sec. 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 Vehicles

Pub. L. 105-178, title IV, Sec. 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 Safety

Pub. L. 105-178, title IV, Sec. 4024, June 9, 1998, 112 Stat. 416,

as amended by Pub. L. 107-110, title X, Sec. 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 Rulemaking

Pub. L. 104-88, title IV, Sec. 408, Dec. 29, 1995, 109 Stat. 958,

provided that:

``(a) Advance Notice.--The Federal Highway Administration shall

issue an advance notice of proposed rulemaking dealing with a variety of

fatigue-related issues pertaining to commercial motor vehicle motor

vehicle safety (including 8 hours of continuous sleep after 10 hours of

driving, loading and unloading operations, automated and tamper-proof

recording devices, rest and recovery cycles, fatigue and stress in

longer combination vehicles, fitness for duty, and other appropriate

regulatory and enforcement countermeasures for reducing fatigue-related

incidents and increasing driver alertness) not later than March 1, 1996.

``(b) Rulemaking.--The Federal Highway Administration shall issue a

notice of proposed rulemaking dealing with such issues within 1 year

after issuance of the advance notice under subsection (a) is published

and shall issue a final rule dealing with those issues within 2 years

after the last day of such 1-year period.''

Exemptions From Requirements Relating to Commercial Motor Vehicles and

Their Operators

Section 345 of Pub. L. 104-59 provided that:

``(a) Exemptions.--

``(1) Transportation of agricultural commodities and farm

supplies.--Regulations prescribed by the Secretary under sections

31136 and 31502 of title 49, United States Code, regarding maximum

driving and on-duty time for drivers used by motor carriers shall

not apply to drivers transporting agricultural commodities or farm

supplies for agricultural purposes in a State if such transportation

is limited to an area within a 100 air mile radius from the source

of the commodities or the distribution point for the farm supplies

and is during the planting and harvesting seasons within such State,

as determined by the State.

``(2) Transportation and operation of ground water well drilling

rigs.--Such regulations shall, in the case of a driver of a

commercial motor vehicle who is used primarily in the transportation

and operation of a ground water well drilling rig, permit any period

of 7 or 8 consecutive days to end with the beginning of an off-duty

period of 24 or more consecutive hours for the purposes of

determining maximum driving and on-duty time.

``(3) Transportation of construction materials and equipment.--

Such regulations shall, in the case of a driver of a commercial

motor vehicle who is used primarily in the transportation of

construction materials and equipment, permit any period of 7 or 8

consecutive days to end with the beginning of an off-duty period of

24 or more consecutive hours for the purposes of determining maximum

driving and on-duty time.

``(4) Drivers of utility service vehicles.--Such regulations

shall, in the case of a driver of a utility service vehicle, permit

any period of 7 or 8 consecutive days to end with the beginning of

an off-duty period of 24 or more consecutive hours for the purposes

of determining maximum driving and on-duty time.

``(5) Snow and ice removal.--A State may waive the requirements

of chapter 313 of title 49, United States Code, with respect to a

vehicle that is being operated within the boundaries of an eligible

unit of local government by an employee of such unit for the purpose

of removing snow or ice from a roadway by plowing, sanding, or

salting. Such waiver authority shall only apply in a case where the

employee is needed to operate the vehicle because the employee of

the eligible unit of local government who ordinarily operates the

vehicle and who has a commercial drivers license is unable to

operate the vehicle or is in need of additional assistance due to a

snow emergency.

``(b) Preemption.--Nothing contained in this section shall require

the preemption of State laws and regulations concerning the safe

operation of commercial motor vehicles as the result of exemptions from

Federal requirements provided under this section.

``(c) Review by the Secretary.--The Secretary may conduct a

rulemaking proceeding to determine whether granting any exemption

provided by subsection (a) (other than paragraph (2)) is not in the

public interest and would have a significant adverse impact on the

safety of commercial motor vehicles. If, at any time as a result of such

a proceeding, the Secretary determines that granting such exemption

would not be in the public interest and would have a significant adverse

impact on the safety of commercial motor vehicles, the Secretary may

prevent the exemption from going into effect, modify the exemption, or

revoke the exemption. The Secretary may develop a program to monitor the

exemption, including agreements with carriers to permit the Secretary to

examine insurance information maintained by an insurer on a carrier.

``(d) Report.--The Secretary shall monitor the commercial motor

vehicle safety performance of drivers of vehicles that are subject to an

exemption under this section. If the Secretary determines that public

safety has been adversely affected by an exemption granted under this

section, the Secretary shall report to Congress on the determination.

``(e) Definitions.--In this section, the following definitions

apply:

``(1) 7 or 8 consecutive days.--The term `7 or 8 consecutive

days' means the period of 7 or 8 consecutive days beginning on any

day at the time designated by the motor carrier for a 24-hour

period.

``(2) 24-hour period.--The term `24-hour period' means any 24

consecutive hour period beginning at the time designated by the

motor carrier for the terminal from which the driver is normally

dispatched.

``(3) Ground water well drilling rig.--The term `ground water

well drilling rig' means any vehicle, machine, tractor, trailer,

semi-trailer, or specialized mobile equipment propelled or drawn by

mechanical power and used on highways to transport water well field

operating equipment, including water well drilling and pump service

rigs equipped to access ground water.

``(4) Transportation of construction materials and equipment.--

The term `transportation of construction materials and equipment'

means the transportation of construction and pavement materials,

construction equipment, and construction maintenance vehicles, by a

driver to or from an active construction site (a construction site

between initial mobilization of equipment and materials to the site

to the final completion of the construction project) within a 50 air

mile radius of the normal work reporting location of the driver.

This paragraph does not apply to the transportation of material

found by the Secretary to be hazardous under section 5103 of title

49, United States Code, in a quantity requiring placarding under

regulations issued to carry out such section.

``(5) Eligible unit of local government.--The term `eligible

unit of local government' means a city, town, borough, county,

parish, district, or other public body created by or pursuant to

State law which has a total population of 3,000 individuals or less.

``(6) Utility service vehicle.--The term `utility service

vehicle' means any commercial motor vehicle--

``(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.

``(f) Effective Date.--Subsection (a) of this section shall take

effect on the 180th day following the date of the enactment of this Act

[Nov. 28, 1995]; except that paragraphs (1) and (2) of subsection (a)

shall take effect on such date of enactment.''

Winter Home Heating Oil Delivery State Flexibility Program

Pub. L. 104-59, title III, Sec. 346, Nov. 28, 1995, 109 Stat. 615,

as amended by Pub. L. 105-178, title I, Sec. 1211(j), June 9, 1998, 112

Stat. 192; Pub. L. 105-206, title IX, Sec. 9003(d)(3), July 22, 1998,

112 Stat. 839, provided that:

``(a) In General.--After notice and opportunity for comment, the

Secretary shall develop and implement a pilot program for the purpose of

evaluating waivers of the regulations issued by the Secretary pursuant

to sections 31136 and 31502 of title 49, United States Code, relating to

maximum on-duty time, and sections 31102 and 31104(j) of such title,

relating to the Motor Carrier Safety Assistance Program, to permit any

period of 7 or 8 consecutive days to end with the beginning of an off-

duty period of 24 or more consecutive hours for the purposes of

determining maximum on-duty time for drivers of motor vehicles making

intrastate home heating oil deliveries that occur within 100 air miles

of a central terminal or distribution point of the delivery of such oil.

The Secretary may approve up to 5 States to participate in the pilot

program during the winter heating season in the 6-month period beginning

on November 1, 1996.

``(b) Approval Criteria.--The Secretary shall select States to

participate in the pilot program upon approval of applications submitted

by States to the Secretary. The Secretary shall act on a State's

application within 30 days after the date of its submission. The

Secretary may only approve an application of a State under this section

if the Secretary finds, at a minimum, that--

``(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) Participation in Program.--Upon approval of an application of

a State under this section, the Secretary shall permit the State to

participate in the pilot program for an initial period of 15 days during

the winter heating season of the State (as determined by the Governor

and the Secretary). If, after the last day of such 15-day period, the

Secretary finds that a State's continued participation in the program is

consistent with this section and has resulted in no significant adverse

impact on public safety and is in the public interest, the Secretary

shall extend the State's participation in the program for periods of up

to 30 additional days during such heating season.

``(d) Suspension From Program.--The Secretary may suspend a State's

participation in the pilot program at any time if the Secretary finds--

``(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) Review by Secretary.--Within 90 days after the completion of

the pilot program, the Secretary shall initiate a rulemaking to

determine, based in part on the results of the program, whether to--

``(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) Definition.--In this section, the term `7 or 8 consecutive

days' has the meaning such term has under section 345 of this Act [set

out above].''

Section Referred to in Other Sections

This section is referred to in sections 31132, 31141, 31142, 31146,

31315, 31502 of this title.