
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 49USC31132]

 
                        TITLE 49--TRANSPORTATION
 
             SUBTITLE VI--MOTOR VEHICLE AND DRIVER PROGRAMS
 
                           PART B--COMMERCIAL
 
              CHAPTER 311--COMMERCIAL MOTOR VEHICLE SAFETY
 
                    SUBCHAPTER III--SAFETY REGULATION
 
Sec. 31132. Definitions

    In this subchapter--
        (1) ``commercial motor vehicle'' means a self-propelled or towed 
    vehicle used on the highways in interstate commerce to transport 
    passengers or property, if the vehicle--
            (A) has a gross vehicle weight rating or gross vehicle 
        weight of at least 10,001 pounds, whichever is greater;
            (B) is designed or used to transport more than 8 passengers 
        (including the driver) for compensation;
            (C) is designed or used to transport more than 15 
        passengers, including the driver, and is not used to transport 
        passengers for compensation; or
            (D) is used in transporting material found by the Secretary 
        of Transportation to be hazardous under section 5103 of this 
        title and transported in a quantity requiring placarding under 
        regulations prescribed by the Secretary under section 5103.

        (2) ``employee'' means an operator of a commercial motor vehicle 
    (including an independent contractor when operating a commercial 
    motor vehicle), a mechanic, a freight handler, or an individual not 
    an employer, who--
            (A) directly affects commercial motor vehicle safety in the 
        course of employment; and
            (B) is not an employee of the United States Government, a 
        State, or a political subdivision of a State acting in the 
        course of the employment by the Government, a State, or a 
        political subdivision of a State.

        (3) ``employer''--
            (A) means a person engaged in a business affecting 
        interstate commerce that owns or leases a commercial motor 
        vehicle in connection with that business, or assigns an employee 
        to operate it; but
            (B) does not include the Government, a State, or a political 
        subdivision of a State.

        (4) ``interstate commerce'' means trade, traffic, or 
    transportation in the United States between a place in a State and--
            (A) a place outside that State (including a place outside 
        the United States); or
            (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.
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    \1\ See References in Text note below.
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        (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, Sec. 1(e), July 5, 1994, 108 Stat. 1000; Pub. L. 104-
88, title I, Sec. 104(f), Dec. 29, 1995, 109 Stat. 919; Pub. L. 105-178, 
title IV, Sec. 4008(a), June 9, 1998, 112 Stat. 404.)

                                          Historical and Revision Notes
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---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
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---------------------------------
31132.................................  49 App.:2503.                    Oct. 3
0, 1984, Pub. L. 98-554, Sec.
                                                                          204, 
98 Stat. 2833.
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---------------------------------

    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, Sec. 4008(d), June 9, 1998, 112 Stat. 404.


                               Amendments

    1998--Par. (1)(A). Pub. L. 105-178, Sec. 4008(a)(1), inserted ``or 
gross vehicle weight'' after ``rating'' and ``, whichever is greater'' 
after ``pounds''.
    Par. (1)(B). Pub. L. 105-178, Sec. 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.

                  Section Referred to in Other Sections

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