
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 49USC31102]

 
                        TITLE 49--TRANSPORTATION
 
             SUBTITLE VI--MOTOR VEHICLE AND DRIVER PROGRAMS
 
                           PART B--COMMERCIAL
 
              CHAPTER 311--COMMERCIAL MOTOR VEHICLE SAFETY
 
 SUBCHAPTER I--STATE GRANTS AND OTHER COMMERCIAL MOTOR VEHICLE PROGRAMS
 
Sec. 31102. Grants to States

    (a) General Authority.--Subject to this section and the availability 
of amounts, the Secretary of Transportation may make grants to States 
for the development or implementation of programs for improving motor 
carrier safety and the enforcement of regulations, standards, and orders 
of the United States Government on commercial motor vehicle safety, 
hazardous materials transportation safety, and compatible State 
regulations, standards, and orders.
    (b) State Plan Procedures and Contents.--(1) The Secretary shall 
prescribe procedures for a State to submit a plan under which the State 
agrees to assume responsibility for improving motor carrier safety and 
to adopt and enforce regulations, standards, and orders of the 
Government on commercial motor vehicle safety, hazardous materials 
transportation safety, or compatible State regulations, standards, and 
orders. The Secretary shall approve the plan if the Secretary decides 
the plan is adequate to promote the objectives of this section and the 
plan--
        (A) implements performance-based activities by fiscal year 2000;
        (B) designates the State motor vehicle safety agency responsible 
    for administering the plan throughout the State;
        (C) contains satisfactory assurances the agency has or will have 
    the legal authority, resources, and qualified personnel necessary to 
    enforce the regulations, standards, and orders;
        (D) contains satisfactory assurances the State will devote 
    adequate amounts to the administration of the plan and enforcement 
    of the regulations, standards, and orders;
        (E) provides that the total expenditure of amounts of the State 
    and its political subdivisions (not including amounts of the 
    Government) for commercial motor vehicle safety programs for 
    enforcement of commercial motor vehicle size and weight limitations, 
    drug interdiction, and State traffic safety laws and regulations 
    under subsection (c) of this section will be maintained at a level 
    at least equal to the average level of that expenditure for its last 
    3 full fiscal years before December 18, 1991;
        (F) provides a right of entry and inspection to carry out the 
    plan;
        (G) provides that all reports required under this section be 
    submitted to the agency and that the agency will make the reports 
    available to the Secretary on request;
        (H) provides that the agency will adopt the reporting 
    requirements and use the forms for recordkeeping, inspections, and 
    investigations the Secretary prescribes;
        (I) requires registrants of commercial motor vehicles to make a 
    declaration of knowledge of applicable safety regulations, 
    standards, and orders of the Government and the State;
        (J) provides that the State will grant maximum reciprocity for 
    inspections conducted under the North American Inspection Standard 
    through the use of a nationally accepted system that allows ready 
    identification of previously inspected commercial motor vehicles;
        (K) ensures that activities described in subsection (c)(1) of 
    this section, if financed with grants under subsection (a) of this 
    section, will not diminish the effectiveness of the development and 
    implementation of commercial motor vehicle safety programs described 
    in subsection (a);
        (L) ensures that the State agency will coordinate the plan, data 
    collection, and information systems with State highway safety 
    programs under title 23;
        (M) ensures participation in SAFETYNET and other information 
    systems by all appropriate jurisdictions receiving funding under 
    this section;
        (N) ensures that information is exchanged among the States in a 
    timely manner;
        (O) provides satisfactory assurances that the State will 
    undertake efforts that will emphasize and improve enforcement of 
    State and local traffic safety laws and regulations related to 
    commercial motor vehicle safety;
        (P) provides satisfactory assurances that the State will promote 
    activities in support of national priorities and performance goals, 
    including--
            (i) activities aimed at removing impaired commercial motor 
        vehicle drivers from the highways of the United States through 
        adequate enforcement of regulations on the use of alcohol and 
        controlled substances and by ensuring ready roadside access to 
        alcohol detection and measuring equipment;
            (ii) activities aimed at providing an appropriate level of 
        training to State motor carrier safety assistance program 
        officers and employees on recognizing drivers impaired by 
        alcohol or controlled substances; and
            (iii) interdiction activities affecting the transportation 
        of controlled substances by commercial motor vehicle drivers and 
        training on appropriate strategies for carrying out those 
        interdiction activities;

        (Q) provides that the State will establish a program to ensure 
    the proper and timely correction of commercial motor vehicle safety 
    violations noted during an inspection carried out with funds 
    authorized under section 31104;
        (R) ensures that the State will cooperate in the enforcement of 
    registration requirements under section 13902 and financial 
    responsibility requirements under sections 13906, 31138, and 31139 
    and regulations issued thereunder;
        (S) ensures consistent, effective, and reasonable sanctions; and
        (T) ensures that roadside inspections will be conducted at a 
    location that is adequate to protect the safety of drivers and 
    enforcement personnel.

    (2) If the Secretary disapproves a plan under this subsection, the 
Secretary shall give the State a written explanation and allow the State 
to modify and resubmit the plan for approval.
    (3) In estimating the average level of State expenditure under 
paragraph (1)(D) \1\ of this subsection, the Secretary--
---------------------------------------------------------------------------
    \1\ See References in Text note below.
---------------------------------------------------------------------------
        (A) may allow the State to exclude State expenditures for 
    Government-sponsored demonstration or pilot programs; and
        (B) shall require the State to exclude Government amounts and 
    State matching amounts used to receive Government financing under 
    subsection (a) of this section.

    (c) Use of Grants to Enforce Other Laws.--A State may use amounts 
received under a grant under subsection (a) of this section for the 
following activities if the activities are carried out in conjunction 
with an appropriate inspection of the commercial motor vehicle to 
enforce Government or State commercial motor vehicle safety regulations:
        (1) enforcement of commercial motor vehicle size and weight 
    limitations at locations other than fixed weight facilities, at 
    specific locations such as steep grades or mountainous terrains 
    where the weight of a commercial motor vehicle can significantly 
    affect the safe operation of the vehicle, or at ports where 
    intermodal shipping containers enter and leave the United States.
        (2) detection of the unlawful presence of a controlled substance 
    (as defined under section 102 of the Comprehensive Drug Abuse 
    Prevention and Control Act of 1970 (21 U.S.C. 802)) in a commercial 
    motor vehicle or on the person of any occupant (including the 
    operator) of the vehicle.
        (3) enforcement of State traffic laws and regulations designed 
    to promote the safe operation of commercial motor vehicles.

    (d) Continuous Evaluation of Plans.--On the basis of reports 
submitted by a State motor vehicle safety agency of a State with a plan 
approved under this section and the Secretary's own investigations, the 
Secretary shall make a continuing evaluation of the way the State is 
carrying out the plan. If the Secretary finds, after notice and 
opportunity for comment, the State plan previously approved is not being 
followed or has become inadequate to ensure enforcement of the 
regulations, standards, or orders, the Secretary shall withdraw approval 
of the plan and notify the State. The plan stops being effective when 
the notice is received. A State adversely affected by the withdrawal may 
seek judicial review under chapter 7 of title 5. Notwithstanding the 
withdrawal, the State may retain jurisdiction in administrative or 
judicial proceedings begun before the withdrawal if the issues involved 
are not related directly to the reasons for the withdrawal.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 984; Pub. L. 104-
88, title I, Sec. 104(a), Dec. 29, 1995, 109 Stat. 918; Pub. L. 105-178, 
title IV, Sec. 4003(b), (c), June 9, 1998, 112 Stat. 395, 396; Pub. L. 
106-159, title II, Sec. 207, Dec. 9, 1999, 113 Stat. 1764.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
31102(a)..............................  49 App.:2302(a).                 Jan. 6
, 1983, Pub. L. 97-424, Sec.
                                                                          402(a
), (c), 96 Stat. 2155, 2156.
31102(b)..............................  49 App.:2302(b), (d).            Jan. 6
, 1983, Pub. L. 97-424, Sec.
                                                                          402(b
), (d), 96 Stat. 2155, 2156; Dec.
                                                                          18, 1
991, Pub. L. 102-240, Sec.
                                                                          4002(
a), (b), 105 Stat. 2140.
31102(c)..............................  49 App.:2302(e).                 Jan. 6
, 1983, Pub. L. 97-424, 96 Stat.
                                                                          2097,
 Sec.  402(e); added Dec. 18,
                                                                          1991,
 Pub. L. 102-240, Sec.  4002(c),
                                                                          105 S
tat. 2142.
31102(d)..............................  49 App.:2302(c).
-------------------------------------------------------------------------------
---------------------------------

    In this section, the word ``rules'' is omitted as being synonymous 
with ``regulations''.
    In subsection (a), the words ``Subject to this section and the 
availability of amounts'' are substituted for ``Under the terms and 
conditions of this section, subject to the availability of funds'' to 
eliminate unnecessary words.
    In subsection (b)(1), before clause (A), the word ``prescribe'' is 
substituted for ``formulate'' for consistency in the revised title. 
Clause (D) is substituted for 49 App.:2302(d) to state the requirements 
of a plan in one place and to eliminate unnecessary words. In clause 
(K), the words ``into law and practice'' are omitted a unnecessary. In 
clause (O)(i), the words ``highways of the United States'' are 
substituted for ``our Nation's highways'' for consistency in the revised 
title and with other titles of the United States Code. In subclause 
(iii), the word ``especially'' is omitted as unnecessary.
    In subsection (b)(3)(B), the words ``Government financing'' are 
substituted for ``Federal funding'' for clarity and consistency in the 
revised title.
    In subsection (c), before clause (1), the words ``type of'' are 
omitted as unnecessary. In clause (1), the word ``leave'' is substituted 
for ``exit'' for clarity and consistency in the revised title.
    In subsection (d), the words ``the regulations, standards, or 
orders'' are substituted for ``Federal rules, regulations, standards, or 
orders applicable to commercial motor vehicle safety or compatible State 
rules, regulations, standards, or orders'' for consistency and to 
eliminate unnecessary words. The last sentence is substituted for 49 
App.:2302(c) (last sentence) for clarity.

                       References in Text

    Paragraph (1), referred to in subsec. (b)(3), was amended by Pub. L. 
105-178, title IV, Sec. 4003(c)(6), June 9, 1998, 112 Stat. 396, which 
redesignated subpars. (C) and (D) as (D) and (E), respectively.


                               Amendments

    1999--Subsec. (b)(1)(A). Pub. L. 106-159, Sec. 207(1), realigned 
subpar. (A) margins.
    Subsec. (b)(1)(R). Pub. L. 106-159, Sec. 207(2), added subpar. (R) 
and struck out former subpar. (R) which read as follows: ``ensures that 
the State will cooperate in the enforcement of registration and 
financial responsibility requirements under sections 31138 and 31139, or 
regulations issued thereunder;''.
    1998--Subsec. (a). Pub. L. 105-178, Sec. 4003(b)(1), inserted 
``improving motor carrier safety and'' after ``implementation of 
programs for'' and ``, hazardous materials transportation safety,'' 
after ``commercial motor vehicle safety''.
    Subsec. (b)(1). Pub. L. 105-178, Sec. 4003(b)(2), in introductory 
provisions, substituted ``assume responsibility for improving motor 
carrier safety and to adopt and enforce'' for ``adopt and assume 
responsibility for enforcing'' and inserted ``, hazardous materials 
transportation safety,'' after ``commercial motor vehicle safety''.
    Subsec. (b)(1)(A) to (I). Pub. L. 105-178, Sec. 4003(c)(6), (7), 
added subpar. (A) and redesignated former subpars. (A) to (H) as (B) to 
(I), respectively. Former subpar. (I) redesignated (J).
    Subsec. (b)(1)(J). Pub. L. 105-178, Sec. 4003(c)(6), redesignated 
subpar. (I) as (J). Former subpar. (J) redesignated (K).
    Pub. L. 105-178, Sec. 4003(c)(1), substituted ``subsection (c)(1)'' 
for ``subsection (c)''.
    Subsec. (b)(1)(K) to (M). Pub. L. 105-178, Sec. 4003(c)(6), 
redesignated subpars. (J) to (L) as (K) to (M), respectively. Former 
subpar. (M) redesignated (N).
    Pub. L. 105-178, Sec. 4003(c)(2), added subpars. (K) to (M) and 
struck out former subpars. (K) to (M) which read as follows:
    ``(K) ensures that fines imposed and collected by the State for 
violations of commercial motor vehicle safety regulations will be 
reasonable and appropriate and that, to the maximum extent practicable, 
the State will attempt to implement the recommended fine schedule 
published by the Commercial Vehicle Safety Alliance;
    ``(L) ensures that the State agency will coordinate the plan 
prepared under this section with the State highway safety plan under 
section 402 of title 23;
    ``(M) ensures participation by the 48 contiguous States in SAFETYNET 
not later than January 1, 1994;''.
    Subsec. (b)(1)(N). Pub. L. 105-178, Sec. 4003(c)(6), redesignated 
subpar. (M) as (N). Former subpar. (N) redesignated (O).
    Subsec. (b)(1)(O). Pub. L. 105-178, Sec. 4003(c)(6), redesignated 
subpar. (N) as (O). Former subpar. (O) redesignated (P).
    Pub. L. 105-178, Sec. 4003(c)(3), inserted ``in support of national 
priorities and performance goals, including'' after ``activities'' in 
introductory provisions, substituted ``activities aimed at removing'' 
for ``to remove'' in cl. (i), substituted ``activities aimed at 
providing'' for ``to provide'' and inserted ``and'' after semicolon in 
cl. (ii), added cl. (iii), and struck out former cls. (iii) and (iv) 
which read as follows:
    ``(iii) to promote enforcement of the requirements related to the 
licensing of commercial motor vehicle drivers, including checking the 
status of commercial drivers' licenses; and
    ``(iv) to improve enforcement of hazardous material transportation 
regulations by encouraging more inspections of shipper facilities 
affecting highway transportation and more comprehensive inspection of 
the loads of commercial motor vehicles transporting hazardous 
material;''.
    Subsec. (b)(1)(P). Pub. L. 105-178, Sec. 4003(c)(6), redesignated 
subpar. (O) as (P). Former subpar. (P) redesignated (Q).
    Pub. L. 105-178, Sec. 4003(c)(4), added subpar. (P) and struck out 
former subpar. (P) which read as follows: ``provides satisfactory 
assurances that the State will promote effective--
        ``(i) interdiction activities affecting the transportation of 
    controlled substances by commercial motor vehicle drivers and 
    training on appropriate strategies for carrying out those 
    interdiction activities; and
        ``(ii) use of trained and qualified officers and employees of 
    political subdivisions and local governments, under the supervision 
    and direction of the State motor vehicle safety agency, in the 
    enforcement of regulations affecting commercial motor vehicle safety 
    and hazardous material transportation safety; and''.
    Subsec. (b)(1)(Q). Pub. L. 105-178, Sec. 4003(c)(6), redesignated 
subpar. (P) as (Q). Former subpar. (Q) redesignated (R).
    Pub. L. 105-178, Sec. 4003(c)(5)(A), substituted ``sections 31138 
and 31139'' for ``sections 31140 and 31146''.
    Subsec. (b)(1)(R). Pub. L. 105-178, Sec. 4003(c)(6), redesignated 
subpar. (Q) as (R).
    Subsec. (b)(1)(S), (T). Pub. L. 105-178, Sec. 4003(c)(5)(B), (8), 
added subpars. (S) and (T).
    1995--Subsec. (b)(1)(Q). Pub. L. 104-88 added subpar. (Q).


                    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.


                          Maintenance of Effort

    Pub. L. 106-159, title I, Sec. 103(c), Dec. 9, 1999, 113 Stat. 1753, 
provided that: ``The Secretary may not make, from funds made available 
by or under this section [amending section 31107 of this title, enacting 
provisions set out as notes under this section and section 31104 of this 
title, and amending a provision set out as a note under section 104 of 
Title 23, Highways] (including any amendment made by this section), a 
grant to a State unless the State first enters into a binding agreement 
with the Secretary that provides that the total expenditures of amounts 
of the State and its political subdivisions (not including amounts of 
the United States) for the development or implementation of programs for 
improving motor carrier safety and enforcement of regulations, 
standards, and orders of the United States on commercial motor vehicle 
safety, hazardous materials transportation safety, and compatible State 
regulations, standards, and orders will be maintained at a level at 
least equal to the average level of such expenditures for fiscal years 
1997, 1998, and 1999.''


                 State Compliance With CDL Requirements

    Pub. L. 106-159, title I, Sec. 103(e), Dec. 9, 1999, 113 Stat. 1754, 
provided that:
    ``(1) Withholding of allocation for noncompliance.--If a State is 
not in substantial compliance with each requirement of section 31311 of 
title 49, United States Code, the Secretary shall withhold all amounts 
that would be allocated, but for this paragraph, to the State from funds 
made available by or under this section (including any amendment made by 
this section).
    ``(2) Period of availability of withheld funds.--Any funds withheld 
under paragraph (1) from any State shall remain available until June 30 
of the fiscal year for which the funds are authorized to be 
appropriated.
    ``(3) Allocation of withheld funds after compliance.--If, before the 
last day of the period for which funds are withheld under paragraph (1) 
from allocation are to remain available for allocation to a State under 
paragraph (2), the Secretary determines that the State is in substantial 
compliance with each requirement of section 31311 of title 49, United 
States Code, the Secretary shall allocate to the State the withheld 
funds.
    ``(4) Period of availability of subsequently allocated funds.--Any 
funds allocated pursuant to paragraph (3) shall remain available for 
expenditure until the last day of the first fiscal year following the 
fiscal year in which the funds are so allocated. Sums not expended at 
the end of such period are released to the Secretary for reallocation.
    ``(5) Effect of noncompliance.--If, on June 30 of the fiscal year in 
which funds are withheld from allocation under paragraph (1), the State 
is not substantially complying with each requirement of section 31311 of 
title 49, United States Code, the funds are released to the Secretary 
for reallocation.''


                    Effects of MCSAP Grant Reductions

    Pub. L. 105-178, title IV, Sec. 4032, June 9, 1998, 112 Stat. 419, 
provided that:
    ``(a) Study.--The Secretary [of Transportation] shall conduct a 
study on the effects of reductions of grants under section 31102 of 
title 49, United States Code, due to nonconformity of State intrastate 
motor carrier, commercial motor vehicle, and driver requirements with 
Federal interstate requirements. In conducting the study, the Secretary 
shall consider, at a minimum--
        ``(1) national uniformity and the purposes of the motor carrier 
    safety assistance program;
        ``(2) State motor carrier, commercial motor vehicle, and driver 
    safety oversight and enforcement capabilities; and
        ``(3) the safety impacts, costs, and benefits of full 
    participation in the program.
    ``(b) Report.--Not later than 2 years after the date of the 
enactment of this Act [June 9, 1998], the Secretary shall submit to 
Congress a report on the results of the study.
    ``(c) Adjustment of State Allocations.--The Secretary is authorized 
to adjust State allocations under section 31103 of title 49, United 
States Code, to reflect the results of the study.''

                  Section Referred to in Other Sections

    This section is referred to in sections 31103, 31104, 31133, 31142 
of this title.
