Attachment E - 49 U.S.C. § 31136 titled, “United States Government regulations.”

§ 31135

TITLE 49—TRANSPORTATION

Dates of 2012 Amendment note under section 101 of
Title 23, Highways.

HISTORICAL AND REVISION NOTES
Revised
Section

§ 31135. Duties of employers and employees
(a) IN GENERAL.—Each employer and employee
shall comply with regulations on commercial
motor vehicle safety prescribed by the Secretary
of Transportation under this subchapter that
apply to the employer’s or employee’s conduct.
(b) NONCOMPLIANCE.—
(1) MOTOR CARRIERS.—Two or more motor
carriers, employers, or persons shall not use
common ownership, common management,
common control, or common familial relationship to enable any or all such motor carriers,
employers, or persons to avoid compliance, or
mask or otherwise conceal non-compliance, or
a history of non-compliance, with regulations
prescribed under this subchapter or an order of
the Secretary issued under this subchapter.
(2) PATTERN.—If the Secretary finds that a
motor carrier, employer, or person engaged in
a pattern or practice of avoiding compliance,
or masking or otherwise concealing noncompliance, with regulations prescribed under
this subchapter, the Secretary—
(A) may withhold, suspend, amend, or revoke any part of the motor carrier’s, employer’s, or person’s registration in accordance with section 13905 or 31134; and
(B) shall take into account such non-compliance for purposes of determining civil
penalty amounts under section 521(b)(2)(D).
(3) OFFICERS.—If the Secretary finds, after
notice and an opportunity for proceeding, that
an officer of a motor carrier, employer, or
owner or operator has engaged in a pattern or
practice of, or assisted a motor carrier, employer, or owner or operator in avoiding compliance, or masking or otherwise concealing
noncompliance, while serving as an officer or
such motor carrier, employer, or owner or operator, the Secretary may suspend, amend, or
revoke any part of a registration granted to
the officer individually under section 13902 or
31134.
(c) REGULATIONS.—Not later than 1 year after
the date of enactment of this subsection, the
Secretary shall by regulation establish standards to implement subsection (b).
(d) DEFINITIONS.—In this section, the following
definitions apply:
(1) MOTOR CARRIER.—The term ‘‘motor carrier’’ has the meaning such term has under
section 13102.
(2) OFFICER.—The term ‘‘officer’’ means an
owner, director, chief executive officer, chief
operating officer, chief financial officer, safety
director, vehicle maintenance supervisor, and
driver supervisor of a motor carrier, regardless
of the title attached to those functions, and
any person, however designated, exercising
controlling influence over the operations of a
motor carrier.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1003;
Pub. L. 109–59, title IV, § 4113(a), Aug. 10, 2005, 119
Stat. 1724; Pub. L. 112–141, div. C, title II, § 32112,
July 6, 2012, 126 Stat. 783.)

Page 748

Source (U.S. Code)

31135 ..........

49 App.:2504.

Source (Statutes at Large)
Oct. 30, 1984, Pub. L. 98–554,
§ 205, 98 Stat. 2834.

REFERENCES IN TEXT
The date of enactment of this subsection, referred to
in subsec. (c), is the date of enactment of Pub. L. 109–59,
which was approved Aug. 10, 2005.
AMENDMENTS
2012—Subsec. (b). Pub. L. 112–141 added subsec. (b) and
struck out former subsec. (b). Prior to amendment, text
read as follows: ‘‘If the Secretary finds that an officer
of a motor carrier engages or has engaged in a pattern
or practice of avoiding compliance, or masking or
otherwise concealing noncompliance, with regulations
on commercial motor vehicle safety prescribed under
this subchapter, while serving as an officer of any
motor carrier, the Secretary may suspend, amend, or
revoke any part of the motor carrier’s registration
under section 13905.’’
2005—Pub. L. 109–59 designated existing provisions as
subsec. (a), inserted heading, and added subsecs. (b) to
(d).
EFFECTIVE DATE OF 2012 AMENDMENT
Amendment 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.

§ 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
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) 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)

Page 749

§ 31136

TITLE 49—TRANSPORTATION

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) REGULATORY IMPACT ANALYSIS.—
(1) IN GENERAL.—Within each regulatory impact analysis of a proposed or final major rule
issued by the Federal Motor Carrier Safety
Administration, the Secretary shall, whenever
practicable—
(A) consider the effects of the proposed or
final rule on different segments of the motor
carrier industry; and
(B) formulate estimates and findings based
on the best available science.
(2) SCOPE.—To the extent feasible and appropriate, and consistent with law, an analysis
described in paragraph (1) shall—
(A) use data that is representative of commercial motor vehicle operators or motor
carriers, or both, that will be impacted by
the proposed or final rule; and
(B) consider the effects on commercial
truck and bus carriers of various sizes and
types.
(g) PUBLIC PARTICIPATION.—
(1) IN GENERAL.—If a proposed rule under this
part is likely to lead to the promulgation of a
major rule, the Secretary, before publishing
such proposed rule, shall—
(A) issue an advance notice of proposed
rulemaking; or
(B) proceed with a negotiated rulemaking.
(2) REQUIREMENTS.—Each advance notice of
proposed rulemaking issued under paragraph
(1) shall—
(A) identify the need for a potential regulatory action;
(B) identify and request public comment
on the best available science or technical information relevant to analyzing potential
regulatory alternatives;
(C) request public comment on the available data and costs with respect to regu-

latory alternatives reasonably likely to be
considered as part of the rulemaking; and
(D) request public comment on available
alternatives to regulation.
(3) WAIVER.—This subsection does not apply
to a proposed rule if the Secretary, for good
cause, finds (and incorporates the finding and
a brief statement of reasons for such finding in
the proposed or final rule) that an advance notice of proposed rulemaking is impracticable,
unnecessary, or contrary to the public interest.
(h) RULE OF CONSTRUCTION.—Nothing in subsection (f) or (g) may be construed to limit the
contents of an advance notice of proposed rulemaking.
(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; Pub. L. 114–94, div. A, title V, § 5202,
Dec. 4, 2015, 129 Stat. 1534.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

31136(a) ......

49 App.:2505(a), (g).

31136(b) ......
31136(c) ......
31136(d) ......
31136(e) ......
31136(f) .......

49
49
49
49
49

App.:2505(b).
App.:2505(c).
App.:2505(d), (e).
App.:2505(f).
App.:2505(h).

Source (Statutes at Large)
Oct. 30, 1984, Pub. L. 98–554,
§ 206(a)–(g), 98 Stat. 2834.

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.
AMENDMENTS
2015—Subsec. (f). Pub. L. 114–94 added subsec. (f) and
redesignated and transferred former subsec. (f) of this
section to subsec. (g) of section 31315 of this title.
Subsecs. (g), (h). Pub. L. 114–94, § 5202(2), added subsecs. (g) and (h).
2012—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,

§ 31136

TITLE 49—TRANSPORTATION

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 2015 AMENDMENT
Amendment by Pub. L. 114–94 effective Oct. 1, 2015,
see section 1003 of Pub. L. 114–94, set out as a note
under section 5313 of Title 5, Government Organization
and Employees.
EFFECTIVE DATE OF 2012 AMENDMENT
Amendment 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 AMENDMENT
Amendment 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.
WINDSHIELD TECHNOLOGY
Pub. L. 114–94, div. A, title V, § 5301, Dec. 4, 2015, 129
Stat. 1543, provided that:
‘‘(a) IN GENERAL.—Not later than 180 days after the
date of enactment of this Act [Dec. 4, 2015], the Secretary [of Transportation] shall revise the regulations
in section 393.60(e) of title 49, Code of Federal Regulations (relating to the prohibition on obstructions to the
driver’s field of view) to exempt from that section the
voluntary mounting on a windshield of vehicle safety
technology likely to achieve a level of safety that is
equivalent to or greater than the level of safety that
would be achieved absent the exemption.
‘‘(b) VEHICLE SAFETY TECHNOLOGY DEFINED.—In this
section, the term ‘vehicle safety technology’ includes a
fleet-related incident management system, performance or behavior management system, speed management system, lane departure warning system, forward
collision warning or mitigation system, and active
cruise control system and any other technology that
the Secretary considers applicable.
‘‘(c) RULE OF CONSTRUCTION.—For purposes of this
section, any windshield mounted technology with a
short term exemption under part 381 of title 49, Code of
Federal Regulations, on the date of enactment of this
Act, shall be considered likely to achieve a level of
safety that is equivalent to or greater than the level of
safety that would be achieved absent an exemption
under subsection (a).’’
OPERATORS OF HI-RAIL VEHICLES
Pub. L. 114–94, div. A, title V, § 5519, Dec. 4, 2015, 129
Stat. 1558, provided that:
‘‘(a) IN GENERAL.—In the case of a commercial motor
vehicle driver subject to the hours of service requirements in part 395 of title 49, Code of Federal Regulations, who is driving a hi-rail vehicle, the maximum on
duty time under section 395.3 of such title for such driver shall not include time in transportation to or from
a duty assignment if such time in transportation—
‘‘(1) does not exceed 2 hours per calendar day or a
total of 30 hours per calendar month; and
‘‘(2) is fully and accurately accounted for in records
to be maintained by the motor carrier and such
records are made available upon request of the Federal Motor Carrier Safety Administration or the Federal Railroad Administration.
‘‘(b) HI-RAIL VEHICLE DEFINED.—In this section, the
term ‘hi-rail vehicle’ means an internal rail flaw detection vehicle equipped with flange hi-rails.’’

Page 750

EXEMPTIONS FROM REQUIREMENTS FOR CERTAIN
WELDING TRUCKS USED IN PIPELINE INDUSTRY
Pub. L. 114–94, div. A, title V, § 5524, Dec. 4, 2015, 129
Stat. 1560, provided that:
‘‘(a) COVERED MOTOR VEHICLE DEFINED.—In this section, the term ‘covered motor vehicle’ means a motor
vehicle that—
‘‘(1) is traveling in the State in which the vehicle is
registered or another State;
‘‘(2) is owned by a welder;
‘‘(3) is a pick-up style truck;
‘‘(4) is equipped with a welding rig that is used in
the construction or maintenance of pipelines; and
‘‘(5) has a gross vehicle weight and combination
weight rating and weight of 15,000 pounds or less.
‘‘(b) FEDERAL REQUIREMENTS.—A covered motor vehicle, including the individual operating such vehicle and
the employer of such individual, shall be exempt from
the following:
‘‘(1) Any requirement relating to registration as a
motor carrier, including the requirement to obtain
and display a Department of Transportation number,
established under chapters 139 and 311 of title 49,
United States Code.
‘‘(2) Any requirement relating to driver qualifications established under chapter 311 of title 49, United
States Code.
‘‘(3) Any requirement relating to driving of commercial motor vehicles established under chapter 311
of title 49, United States Code.
‘‘(4) Any requirement relating to parts and accessories and inspection, repair, and maintenance of
commercial motor vehicles established under chapter
311 of title 49, United States Code.
‘‘(5) Any requirement relating to hours of service of
drivers, including maximum driving and on duty
time, established under chapter 315 of title 49, United
States Code.’’
RELIABLE HOME HEATING
Pub. L. 113–125, June 30, 2014, 128 Stat. 1388, provided
that:
‘‘SECTION 1. SHORT TITLE.
‘‘This Act may be cited as the ‘Reliable Home Heating Act’.
‘‘SEC. 2. AUTHORITY TO EXTEND EMERGENCY DECLARATIONS FOR PURPOSES OF TEMPORARILY
EXEMPTING MOTOR CARRIERS PROVIDING
EMERGENCY RELIEF FROM CERTAIN SAFETY
REGULATIONS.
‘‘(a) DEFINED TERM.—In this Act, the term ‘residential heating fuel’ includes—
‘‘(1) heating oil;
‘‘(2) natural gas; and
‘‘(3) propane.
‘‘(b) AUTHORIZATION.—If the Governor of a State declares a state of emergency caused by a shortage of residential heating fuel and, at the conclusion of the initial 30-day emergency period (or a second 30-day emergency period authorized under this subsection), the
Governor determines that the emergency shortage has
not ended, any extension of such state of emergency by
the Governor, up to 2 additional 30-day periods, shall be
recognized by the Federal Motor Carrier Safety Administration as a period during which parts 390 through 399
of chapter III of title 49, Code of Federal Regulations,
shall not apply to any motor carrier or driver operating
a commercial motor vehicle to provide residential
heating fuel in the geographic area so designated as
under a state of emergency.
‘‘(c) RULEMAKING.—The Secretary of Transportation
shall amend section 390.23(a)(1)(ii) of title 49, Code of
Federal Regulations, to conform to the provision set
forth in subsection (b).
‘‘(d) SAVINGS PROVISION.—Nothing in this section may
be construed to modify the authority granted to the
Federal Motor Carrier Safety Administration’s Field
Administrator under section 390.23(a) of title 49, Code of

Page 751

TITLE 49—TRANSPORTATION

Federal Regulations, to offer temporary exemptions
from parts 390 through 399 of such title.
‘‘SEC. 3. ENERGY INFORMATION ADMINISTRATION
NOTIFICATION REQUIREMENT.
‘‘The Administrator of the Energy Information Administration, using data compiled from the Administration’s Weekly Petroleum Status Reports, shall notify the Governor of each State in a Petroleum Administration for Defense District if the inventory of residential heating fuel within such district has been below
the most recent 5-year average for more than 3 consecutive weeks.
‘‘SEC. 4. REVIEW.
‘‘Not later than 12 months after the date of enactment of this Act [June 30, 2014], the Secretary of Transportation shall conduct a study of, and transmit to the
Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives, a
report on the impacts of safety from the extensions issued by Governors according to this Act. In conducting
the study, the Secretary shall review, at a minimum—
‘‘(1) the safety implications of extending exemptions; and
‘‘(2) a review of the exemption process to ensure
clarity and efficiency during emergencies.’’
MOTORCOACH ENHANCED SAFETY
Pub. 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) ADVANCED GLAZING.—The term ‘advanced glazing’ means glazing installed in a portal on the side or
the roof of a motorcoach that is designed to be highly
resistant to partial or complete occupant ejection in
all types of motor vehicle crashes.
‘‘(2) BUS.—The term ‘bus’ has the meaning given
the term in section 571.3(b) of title 49, Code of Federal
Regulations (as in effect on the day before 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]).
‘‘(3) COMMERCIAL MOTOR VEHICLE.—Except as otherwise specified, the term ‘commercial motor vehicle’
has the meaning given the term in section 31132(1) of
title 49, United States Code.
‘‘(4) DIRECT TIRE PRESSURE MONITORING SYSTEM.—
The term ‘direct tire pressure monitoring system’
means a tire pressure monitoring system that is capable of directly detecting when the air pressure level
in any tire is significantly under-inflated and providing the driver a low tire pressure warning as to which
specific tire is significantly under-inflated.
‘‘(5) MOTOR CARRIER.—The term ‘motor carrier’
means—
‘‘(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) MOTORCOACH.—The term ‘motorcoach’ has the
meaning given the term ‘over-the-road bus’ in section
3038(a)(3) of the Transportation Equity Act for the
21st Century [Pub. L. 105–178] (49 U.S.C. 5310 note),
but does not include—
‘‘(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) MOTORCOACH SERVICES.—The term ‘motorcoach
services’ means passenger transportation by motorcoach for compensation.

§ 31136

‘‘(8) MULTIFUNCTION SCHOOL ACTIVITY BUS.—The
term ‘multifunction school activity bus’ has the
meaning given the term in section 571.3(b) of title 49,
Code of Federal Regulations (as in effect on the day
before the date of enactment of this Act).
‘‘(9) PORTAL.—The term ‘portal’ means any opening
on the front, side, rear, or roof of a motorcoach that
could, in the event of a crash involving the motorcoach, permit the partial or complete ejection of any
occupant from the motorcoach, including a young
child.
‘‘(10) PROVIDER OF MOTORCOACH SERVICES.—The term
‘provider of motorcoach services’ means a motor carrier that provides passenger transportation services
with a motorcoach, including per-trip compensation
and contracted or chartered compensation.
‘‘(11) PUBLIC TRANSPORTATION.—The term ‘public
transportation’ has the meaning given the term in
section 5302 of title 49, United States Code.
‘‘(12) SAFETY BELT.—The term ‘safety belt’ has the
meaning given the term in section 153(i)(4)(B) of title
23, United States Code.
‘‘(13) SECRETARY.—The term ‘Secretary’ means the
Secretary of Transportation.
‘‘SEC. 32703. REGULATIONS FOR IMPROVED OCCUPANT PROTECTION, PASSENGER EVACUATION,
AND CRASH AVOIDANCE.
‘‘(a) REGULATIONS REQUIRED WITHIN 1 YEAR.—Not
later than 1 year after the date of enactment of this
Act, the Secretary shall prescribe regulations requiring
safety belts to be installed in motorcoaches at each
designated seating position.
‘‘(b) REGULATIONS REQUIRED WITHIN 2 YEARS.—Not
later than 2 years after the date of enactment of this
Act, the Secretary shall prescribe regulations that address the following commercial motor vehicle standards, if the Secretary determines that such standards
meet the requirements and considerations set forth in
subsections (a) and (b) of section 30111 of title 49,
United States Code:
‘‘(1) ROOF STRENGTH AND CRUSH RESISTANCE.—The
Secretary shall establish improved roof and roof support standards for motorcoaches that substantially
improve the resistance of motorcoach roofs to deformation and intrusion to prevent serious occupant injury in rollover crashes involving motorcoaches.
‘‘(2) ANTI-EJECTION SAFETY COUNTERMEASURES.—The
Secretary shall consider requiring advanced glazing
standards for each motorcoach portal and shall consider other portal improvements to prevent partial
and complete ejection of motorcoach passengers, including children. In prescribing such standards, the
Secretary shall consider the impact of such standards
on the use of motorcoach portals as a means of emergency egress.
‘‘(3) ROLLOVER CRASH AVOIDANCE.—The Secretary
shall consider requiring motorcoaches to be equipped
with stability enhancing technology, such as electronic stability control and torque vectoring, to reduce the number and frequency of rollover crashes
among motorcoaches.
‘‘(c) COMMERCIAL MOTOR VEHICLE TIRE PRESSURE
MONITORING SYSTEMS.—Not later than 3 years after the
date of enactment of this Act, the Secretary shall prescribe the following commercial vehicle regulation:
‘‘(1) IN GENERAL.—The Secretary shall consider requiring motorcoaches to be equipped with direct tire
pressure monitoring systems that warn the operator
of a commercial motor vehicle when any tire exhibits
a level of air pressure that is below a specified level
of air pressure established by the Secretary, if the
Secretary determines that such standards meet the
requirements and considerations set forth in subsections (a) and (b) of section 30111 of title 49, United
States Code.
‘‘(2) PERFORMANCE REQUIREMENTS.—In any standard
adopted under paragraph (1), the Secretary shall include performance requirements to meet the objectives identified in paragraph (1) of this subsection.

§ 31136

TITLE 49—TRANSPORTATION

‘‘(d) TIRE PERFORMANCE STANDARD.—Not later than 3
years after the date of enactment of this Act, the Secretary shall consider—
‘‘(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) APPLICATION OF REGULATIONS.—
‘‘(1) NEW MOTORCOACHES.—Any regulation prescribed in accordance with subsection (a), (b), (c), or
(d) shall—
‘‘(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.
ASSESSMENT
FOR
EXISTING
‘‘(2)
RETROFIT
MOTORCOACHES.—
‘‘(A) IN GENERAL.—The Secretary may assess the
feasibility, benefits, and costs with respect to the
application of any requirement established under
subsection (a) or (b)(2) to motorcoaches manufactured before the date on which the requirement applies to new motorcoaches under paragraph (1).
‘‘(B) REPORT.—The Secretary shall submit a report on the assessment to the Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Transportation and Infrastructure and the Committee on Energy and Commerce of the House of Representatives not later
than 2 years after the date of enactment of this
Act.
‘‘SEC. 32704. FIRE PREVENTION AND MITIGATION.
‘‘(a) RESEARCH AND TESTING.—The Secretary shall
conduct research and testing to determine the most
prevalent causes of motorcoach fires and the best
methods to prevent such fires and to mitigate the effect of such fires, both inside and outside the motorcoach. Such research and testing shall consider flammability of exterior components, smoke suppression,
prevention of and resistance to wheel well fires, automatic fire suppression, passenger evacuation, causation
and prevention of motorcoach fires, and improved fire
extinguishers.
‘‘(b) STANDARDS.—Not later than 3 years after the
date of enactment of this Act, the Secretary may issue
fire
prevention
and
mitigation
standards
for
motorcoaches, based on the results of the Secretary’s
research and testing, taking into account highway size
and weight restrictions applicable to motorcoaches, if
the Secretary determines that such standards meet the
requirements and considerations set forth in subsections (a) and (b) of section 30111 of title 49, United
States Code.
‘‘SEC. 32705. OCCUPANT PROTECTION, COLLISION
AVOIDANCE, FIRE CAUSATION, AND FIRE EXTINGUISHER RESEARCH AND TESTING.
‘‘(a) SAFETY RESEARCH INITIATIVES.—Not later than 3
years after the date of enactment of this Act, the Secretary shall complete the following research and testing:
‘‘(1) INTERIOR IMPACT PROTECTION.—The Secretary
shall research and test enhanced occupant impact
protection technologies for motorcoach interiors to

Page 752

reduce serious injuries for all passengers of
motorcoaches.
‘‘(2) COMPARTMENTALIZATION SAFETY COUNTERMEASURES.—The Secretary shall research and test enhanced
compartmentalization
safety
countermeasures for motorcoaches, including enhanced seating designs.
‘‘(3) COLLISION AVOIDANCE SYSTEMS.—The Secretary
shall research and test forward and lateral crash
warning systems applications for motorcoaches.
‘‘(b) RULEMAKING.—Not later than 2 years after the
completion of each research and testing initiative required under subsection (a), the Secretary shall issue
final motor vehicle safety standards if the Secretary
determines that such standards meet the requirements
and considerations set forth in subsections (a) and (b)
of section 30111 of title 49, United States Code.
‘‘SEC. 32706. CONCURRENCE OF RESEARCH AND
RULEMAKING.
‘‘(a) REQUIREMENTS.—To the extent feasible, the Secretary shall ensure that research programs are carried
out concurrently, and in a manner that concurrently
assesses results, potential countermeasures, costs, and
benefits.
‘‘(b) AUTHORITY TO COMBINE RULEMAKINGS.—When
considering each of the rulemaking provisions, the Secretary may initiate a single rulemaking proceeding encompassing all aspects or may combine the rulemakings as the Secretary deems appropriate.
‘‘(c) CONSIDERATIONS.—If the Secretary undertakes
separate rulemaking proceedings, the Secretary shall—
‘‘(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) SAFETY REVIEWS.—[Amended section 31144 of this
title.]
‘‘(b) DISCLOSURE OF SAFETY PERFORMANCE RATINGS OF
MOTORCOACH SERVICES AND OPERATIONS.—
‘‘(1) DEFINITIONS.—In this subsection:
‘‘(A) MOTORCOACH.—
‘‘(i) IN GENERAL.—Except as provided in clause
(ii), the term ‘motorcoach’ has the meaning given
the term ‘over-the-road bus’ in section 3038(a)(3)
of the Transportation Equity Act for the 21st Century [Pub. L. 105–178] (49 U.S.C. 5310 note).
‘‘(ii) EXCLUSIONS.—The term ‘motorcoach’ does
not include—
‘‘(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) MOTORCOACH SERVICES AND OPERATIONS.—The
term ‘motorcoach services and operations’ means
passenger transportation by a motorcoach for compensation.
‘‘(2) REQUIREMENTS FOR THE DISCLOSURE OF SAFETY
PERFORMANCE RATINGS OF MOTORCOACH SERVICES AND
OPERATIONS.—
‘‘(A) IN GENERAL.—Not later than 1 year after the

date of enactment of this Act, the Secretary shall
establish, through notice and opportunity for public to comment, requirements to improve the accessibility to the public of safety rating information of
motorcoach services and operations.
‘‘(B) DISPLAY.—In establishing the requirements
under subparagraph (A), the Secretary shall consider requirements for each motor carrier that
owns or leases 1 or more motorcoaches that transport passengers subject to the Secretary’s jurisdiction under section 13501 of title 49, United States
Code, to prominently display safety fitness information pursuant to section 31144 of title 49, United
States Code—

Page 753

TITLE 49—TRANSPORTATION

‘‘(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) IN GENERAL.—Not later than 2 years after the
date of enactment of this Act, the Secretary of Transportation shall review and assess the current knowledge and skill testing requirements for a commercial
driver’s license passenger endorsement to determine
what improvements to the knowledge test, the examination of driving skills, and the application of such requirements are necessary to ensure the safe operation
of commercial motor vehicles designed or used to
transport passengers.
‘‘(b) REPORT.—Not later than 120 days after completion of the review and assessment under subsection (a),
the Secretary of Transportation shall submit to the
Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate—
‘‘(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
VEHICLES
Pub. L. 112–141, div. C, title II, § 32934, July 6, 2012, 126
Stat. 830, as amended by Pub. L. 114–94, div. A, title V,
§ 5518, Dec. 4, 2015, 129 Stat. 1558, provided that:
‘‘(a) FEDERAL REQUIREMENTS.—A covered farm vehicle, including the individual operating that vehicle,
shall be exempt from the following:

§ 31136

‘‘(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) STATE REQUIREMENTS.—
‘‘(1) IN GENERAL.—Federal transportation funding to
a State may not be terminated, limited, or otherwise
interfered with as a result of the State exempting a
covered farm vehicle, including the individual operating that vehicle, from—
‘‘(A) a requirement described in subsection (a) or
a compatible State requirement; or
‘‘(B) any other minimum standard provided by a
State relating to the operation of that vehicle.
‘‘(2) EXCEPTION.—Paragraph (1) does not apply with
respect to a covered farm vehicle transporting hazardous materials that require a placard.
‘‘(c) COVERED FARM VEHICLE DEFINED.—
‘‘(1) IN GENERAL.—In this section, the term ‘covered
farm vehicle’ means a motor vehicle (including an articulated motor vehicle)—
‘‘(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) INCLUSION.—In this section, the term ‘covered
farm vehicle’ includes a motor vehicle that meets the
requirements of paragraph (1) (other than paragraph
(1)(A)(iv)) and—
‘‘(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) SAFETY STUDY.—The Secretary of Transportation shall conduct a study of the exemption required
by subsection (a) as follows:
‘‘(1) Data and analysis of covered farm vehicles
shall include—

§ 31136

TITLE 49—TRANSPORTATION

‘‘(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) CONSTRUCTION.—Nothing in this section shall be
construed as authority for the Secretary of Transportation to prescribe regulations.’’
HOURS OF SERVICE RULES FOR OPERATORS PROVIDING
TRANSPORTATION TO MOVIE PRODUCTION SITES
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 OPERATIONS
Pub. 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
RETROFITTING
Pub. 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 EXEMPTIONS
Pub. 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; Pub. L. 114–94, div. A, title V, §§ 5508(c), 5522,
Dec. 4, 2015, 129 Stat. 1554, 1559, provided that:
‘‘(a) EXEMPTIONS.—
‘‘(1) TRANSPORTATION OF AGRICULTURAL COMMODITIES
AND FARM SUPPLIES.—Regulations prescribed by the

Page 754

Secretary [of Transportation] 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 during planting and
harvest periods, as determined by each State, to—
‘‘(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) 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. Except as required in section 395.3 of title 49, Code of Federal Regulations, as
in effect on the date of enactment of this sentence
[Aug. 10, 2005], no additional off-duty time shall be required in order to operate such vehicle.
‘‘(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) OPERATORS OF UTILITY SERVICE VEHICLES.—
‘‘(A) INAPPLICABILITY OF FEDERAL REGULATIONS.—
Such regulations shall not apply to a driver of a
utility service vehicle.
‘‘(B) PROHIBITION ON STATE REGULATIONS.—A
State, a political subdivision of a State, an interstate agency, or other entity consisting of two or
more States, shall not enact or enforce any law,
rule, regulation, or standard that imposes requirements on a driver of a utility service vehicle that
are similar to the requirements contained in such
regulations.
‘‘(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.—Except as provided in subsection
(a)(4), 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 [of
Transportation] may conduct a rulemaking proceeding
to determine whether granting any exemption provided
by subsection (a) (other than paragraph (1), (2), or (4))
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 proceed-

Page 755

TITLE 49—TRANSPORTATION

ing, 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 75 air mile radius of the normal work reporting location of the driver, except that a State, upon
notice to the Secretary, may establish a different air
mile radius limitation for purposes of this paragraph
if such limitation is between 50 and 75 air miles and
applies only to movements that take place entirely
within the State. 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

§ 31136

whether the vehicle is owned, leased, or rented by
the utility.
‘‘(7) AGRICULTURAL COMMODITY.—The term ‘agricultural commodity’ means any agricultural commodity, non-processed food, feed, fiber, or livestock (including livestock as defined in section 602 of the
Emergency Livestock Feed Assistance Act of 1988 (7
U.S.C. 1471) and insects).
‘‘(8) FARM SUPPLIES FOR AGRICULTURAL PURPOSES.—
The term ‘farm supplies for agricultural purposes’
means products directly related to the growing or
harvesting of agricultural commodities during the
planting and harvesting seasons within each State, as
determined by the State, and livestock feed at any
time of the year.
‘‘(f) EMERGENCY CONDITION REQUIRING IMMEDIATE RESPONSE.—
‘‘(1) PROPANE OR PIPELINE EMERGENCY.—A regulation prescribed under section 31136 or 31502 of title 49,
United States Code, shall not apply to a driver of a
commercial motor vehicle which is used primarily in
the transportation of propane winter heating fuel or
a driver of a motor vehicle used to respond to a pipeline emergency if such regulations would prevent the
driver from responding to an emergency condition requiring immediate response.
‘‘(2) DEFINITION.—An emergency condition requiring
immediate response is any condition that, if left unattended, is reasonably likely to result in immediate
serious bodily harm, death, or substantial damage to
property. In the case of propane such conditions shall
include (but are not limited to) the detection of gas
odor, the activation of carbon monoxide alarms, the
detection of carbon monoxide poisoning, and any real
or suspected damage to a propane gas system following a severe storm or flooding. An ‘emergency condition requiring an immediate response’ does not include requests to re-fill empty gas tanks. In the case
of pipelines such conditions include (but are not limited to) indication of an abnormal pressure event,
leak, release or rupture.’’
PROTECTION OF EXISTING EXEMPTIONS
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 VEHICLES
Pub. 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 SAFETY
Pub. 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, required the Secretary to initiate a rulemaking, not later than 6 months after June
9, 1998, regarding applicability of commercial motor
carrier safety regulations to interstate school transportation operations by local educational agencies.
FEDERAL HIGHWAY ADMINISTRATION RULEMAKING
Pub. L. 104–88, title IV, § 408, Dec. 29, 1995, 109 Stat.
958, provided that:

§ 31137

TITLE 49—TRANSPORTATION

‘‘(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
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 PROGRAM
Pub. 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, which related to a pilot program for evaluating effects of maximum on-duty time
regulations on winter home heating oil delivery, was
repealed by Pub. L. 114–94, div. A, title V, § 5101(e)(11),
Dec. 4, 2015, 129 Stat. 1526, effective Oct. 1, 2016.

§ 31137. Electronic logging devices and brake
maintenance regulations
(a) USE OF ELECTRONIC LOGGING DEVICES.—Not
later than 1 year after the date of enactment of
the Commercial Motor Vehicle Safety Enhancement Act of 2012, the Secretary of Transportation shall prescribe regulations—
(1) requiring a commercial motor vehicle involved in interstate commerce and operated
by a driver subject to the hours of service and
the record of duty status requirements under
part 395 of title 49, Code of Federal Regulations, be 1 equipped with an electronic logging
device to improve compliance by an operator
of a vehicle with hours of service regulations
prescribed by the Secretary; and
(2) ensuring that an electronic logging device is not used to harass a vehicle operator.
(b) ELECTRONIC LOGGING DEVICE
MENTS.—
(1) IN GENERAL.—The regulations

REQUIRE-

prescribed
under subsection (a) shall—
(A) require an electronic logging device—
(i) to accurately record commercial driver hours of service;
(ii) to record the location of a commercial motor vehicle;
(iii) to be tamper resistant; and

1 So

in original. Probably should be preceded by ‘‘to’’.

Page 756

(iv) to be synchronized to the operation
of the vehicle engine or be capable of recognizing when the vehicle is being operated;
(B) allow law enforcement to access the
data contained in the device during a roadside inspection; and
(C) except as provided in paragraph (3),
apply to a commercial motor vehicle beginning on the date that is 2 years after the
date that the regulations are published as a
final rule.
(2) PERFORMANCE AND DESIGN STANDARDS.—
The regulations prescribed under subsection
(a) shall establish performance standards—
(A) defining a standardized user interface
to aid vehicle operator compliance and law
enforcement review;
(B) establishing a secure process for standardized—
(i) and unique vehicle operator identification;
(ii) data access;
(iii) data transfer for vehicle operators
between motor vehicles;
(iv) data storage for a motor carrier; and
(v) data transfer and transportability for
law enforcement officials;
(C) establishing a standard security level
for an electronic logging device and related
components to be tamper resistant by using
a methodology endorsed by a nationally recognized standards organization; and
(D) identifying each driver subject to the
hours of service and record of duty status requirements under part 395 of title 49, Code of
Federal Regulations.
(3) EXCEPTION.—A motor carrier, when transporting a motor home or recreation vehicle
trailer within the definition of the term
‘‘driveaway-towaway operation’’ (as defined in
section 390.5 of title 49, Code of Federal Regulations), may comply with the hours of service
requirements by requiring each driver to use—
(A) a paper record of duty status form; or
(B) an electronic logging device.
(c) CERTIFICATION CRITERIA.—
(1) IN GENERAL.—The regulations prescribed
by the Secretary under this section shall establish the criteria and a process for the certification of electronic logging devices to ensure that the device meets the performance requirements under this section.
(2) EFFECT OF NONCERTIFICATION.—Electronic
logging devices that are not certified in accordance with the certification process referred to in paragraph (1) shall not be acceptable evidence of hours of service and record of
duty status requirements under part 395 of
title 49, Code of Federal Regulations.
(d) ADDITIONAL CONSIDERATIONS.—The Secretary, in prescribing the regulations described
in subsection (a), shall consider how such regulations may—
(1) reduce or eliminate requirements for
drivers and motor carriers to retain supporting documentation associated with paperbased records of duty status if—