Attachment B - Title 49 U.S.C. § 31133

Page 471

(B) another place in the same State
through another State or through a place
outside the United States.
(5) ‘‘intrastate commerce’’ means trade,
traffic, or transportation in a State that is not
interstate commerce.
(6) ‘‘regulation’’ includes a standard or
order.
(7) ‘‘State’’ means a State of the United
States, the District of Columbia, and, in sections 31136 and 31140–31142 1 of this title, a political subdivision of a State.
(8) ‘‘State law’’ includes a law enacted by a
political subdivision of a State.
(9) ‘‘State regulation’’ includes a regulation
prescribed by a political subdivision of a
State.
(10) ‘‘United States’’ means the States of the
United States and the District of Columbia.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1000;
Pub. L. 104–88, title I, § 104(f), Dec. 29, 1995, 109
Stat. 919; Pub. L. 105–178, title IV, § 4008(a), June
9, 1998, 112 Stat. 404.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

31132 ..........

§ 31133

TITLE 49—TRANSPORTATION

49 App.:2503.

Source (Statutes at Large)
Oct. 30, 1984, Pub. L. 98–554,
§ 204, 98 Stat. 2833.

The text of 49 App.:2503(6) is omitted as unnecessary
because of 1:1. The text of 49 App.:2503(8) is omitted as
surplus because the complete name of the Commercial
Motor Vehicle Safety Regulatory Review Panel is used
the first time the term appears in a section. The text
of 49 App.:2503(9) is omitted as surplus because the complete name of the Secretary of Transportation is used
the first time the term appears in a section.
REFERENCES IN TEXT
Section 31140 of this title, referred to in par. (7), was
repealed by Pub. L. 105–178, title IV, § 4008(d), June 9,
1998, 112 Stat. 404.
AMENDMENTS
1998—Par. (1)(A). Pub. L. 105–178, § 4008(a)(1), inserted
‘‘or gross vehicle weight’’ after ‘‘rating’’ and
‘‘, whichever is greater’’ after ‘‘pounds’’.
Par. (1)(B). Pub. L. 105–178, § 4008(a)(2), which directed
substitution of ‘‘more than 8 passengers (including the
driver) for compensation;’’ for ‘‘passengers’’ and all
that follows through semicolon at end, was executed by
making the substitution for ‘‘passengers for compensation, but excluding vehicles providing taxicab service
and having a capacity of not more than 6 passengers
and not operated on a regular route or between specified places;’’ to reflect the probable intent of Congress.
1995—Par. (1)(B) to (D). Pub. L. 104–88 added subpars.
(B) and (C), redesignated former subpar. (C) as (D), and
struck out former subpar. (B) which read as follows: ‘‘is
designed to transport more than 15 passengers including the driver; or’’.
EFFECTIVE DATE OF 1995 AMENDMENT
Amendment by Pub. L. 104–88 effective Jan. 1, 1996,
see section 2 of Pub. L. 104–88, set out as an Effective
Date note under section 701 of this title.

§ 31133. General powers of the Secretary of
Transportation
(a) GENERAL.—In carrying out this subchapter
and regulations prescribed under section 31102 of
this title, the Secretary of Transportation
may—
(1) conduct and make contracts for inspections and investigations;
(2) compile statistics;
(3) make reports;
(4) issue subpenas;
(5) require production of records and property;
(6) take depositions;
(7) hold hearings;
(8) prescribe recordkeeping and reporting requirements;
(9) conduct or make contracts for studies,
development, testing, evaluation, and training; and
(10) perform other acts the Secretary considers appropriate.
(b) CONSULTATION.—In conducting inspections
and investigations under subsection (a) of this
section, the Secretary shall consult, as appropriate, with employers and employees and their
authorized representatives and offer them a
right of accompaniment.
(c) DELEGATION.—The Secretary may delegate
to a State receiving a grant under section 31102
of this title those duties and powers related to
enforcement (including conducting investigations) of this subchapter and regulations prescribed under this subchapter that the Secretary
considers appropriate.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1001;
Pub. L. 105–178, title IV, § 4006(a), June 9, 1998, 112
Stat. 401.)
HISTORICAL AND REVISION NOTES
Revised
Section
31133(a) ......
31133(b) ......
31133(c) ......

Source (U.S. Code)

Source (Statutes at Large)

49 App.:2510(a), (b)
(1st sentence).
49 App.:2510(c).
49 App.:2510(b) (last
sentence).

Oct. 30, 1984, Pub. L. 98–554,
§ 211, 98 Stat. 2841.

In subsection (a), the words before clause (1) are substituted for ‘‘In carrying out the Secretary’s functions
under this chapter, the Secretary is authorized to’’ and
‘‘to carry out the provisions of this chapter, or regulations issued pursuant to section 2302 of this Appendix’’
to eliminate unnecessary words. Clause (10) is substituted for ‘‘perform such acts . . . as the Secretary
determines necessary’’. The text of 49 App.:2510(a) is
omitted as covered by 49 App.:2510(b) (1st sentence).
In subsection (b), the words ‘‘In conducting inspections and investigations’’ are substituted for ‘‘To carry
out the Secretary’s inspection and investigation functions’’ to eliminate unnecessary words. The words ‘‘or
the Secretary’s agent’’ are omitted as unnecessary.
AMENDMENTS
1998—Subsec. (a)(1). Pub. L. 105–178 inserted ‘‘and
make contracts for’’ after ‘‘conduct’’.

SECTION REFERRED TO IN OTHER SECTIONS

BORDER STAFFING STANDARDS

This section is referred to in sections 521, 14503 of this
title.

Pub. L. 106–159, title II, § 218, Dec. 9, 1999, 113 Stat.
1767, provided that:
‘‘(a) DEVELOPMENT AND IMPLEMENTATION.—Not later
than 1 year after the date of the enactment of this Act
[Dec. 9, 1999], the Secretary shall develop and imple-

1 See

References in Text note below.

[§ 31134

TITLE 49—TRANSPORTATION

ment appropriate staffing standards for Federal and
State motor carrier safety inspectors in international
border areas.
‘‘(b) FACTORS TO BE CONSIDERED.—In developing
standards under subsection (a), the Secretary shall consider volume of traffic, hours of operation of the border
facility, types of commercial motor vehicles, types of
cargo, delineation of responsibility between Federal
and State inspectors, and such other factors as the Secretary determines appropriate.
‘‘(c) MAINTENANCE OF EFFORT.—The standards developed and implemented under subsection (a) shall ensure
that the United States and each State will not reduce
its respective level of staffing of motor carrier safety
inspectors in international border areas from its average level staffing for fiscal year 2000.
‘‘(d) BORDER COMMERCIAL MOTOR VEHICLE AND SAFETY
ENFORCEMENT PROGRAMS.—
‘‘(1) ENFORCEMENT.—If, on October 1, 2001, and October 1 of each fiscal year thereafter, the Secretary has
not ensured that the levels of staffing required by the
standards developed under subsection (a) are deployed, the Secretary should designate the amount
made available for allocation under section
31104(f)(2)(B) of title 49, United States Code, for such
fiscal year for States, local governments, and other
persons for carrying out border commercial motor vehicle safety programs and enforcement activities and
projects.
‘‘(2) ALLOCATION.—If the Secretary makes a designation of an amount under paragraph (1), such
amount shall be allocated by the Secretary to State
agencies, local governments, and other persons that
use and train qualified officers and employees in coordination with State motor vehicle safety agencies.
‘‘(3) LIMITATION.—If the Secretary makes a designation pursuant to paragraph (1) for a fiscal year, the
Secretary may not make a designation under section
31104(f)(2)(B) of title 49, United States Code, for such
fiscal year.’’

[§ 31134. Repealed. Pub. L. 105–178, title IV,
§ 4008(c), June 9, 1998, 112 Stat. 404]
Section, Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1001; Pub. L. 104–287, § 5(9), Oct. 11, 1996, 110 Stat. 3389,
related to Commercial Motor Vehicle Safety Regulatory Review Panel.

§ 31135. Duties of employers and employees
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.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1003.)
HISTORICAL AND REVISION NOTES
Revised
Section
31135 ..........

Source (U.S. Code)
49 App.:2504.

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

§ 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;

Page 472

(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