
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document affected by Public Law 107-110 Section 1076(ii)]
[CITE: 49USC31136]

 
                        TITLE 49--TRANSPORTATION
 
             SUBTITLE VI--MOTOR VEHICLE AND DRIVER PROGRAMS
 
                           PART B--COMMERCIAL
 
              CHAPTER 311--COMMERCIAL MOTOR VEHICLE SAFETY
 
                    SUBCHAPTER III--SAFETY REGULATION
 
Sec. 31136. United States Government regulations

    (a) Minimum Safety Standards.--Subject to section 30103(a) of this 
title, the Secretary of Transportation shall prescribe regulations on 
commercial motor vehicle safety. The regulations shall prescribe minimum 
safety standards for commercial motor vehicles. At a minimum, the 
regulations shall ensure that--
        (1) commercial motor vehicles are maintained, equipped, loaded, 
    and operated safely;
        (2) the responsibilities imposed on operators of commercial 
    motor vehicles do not impair their ability to operate the vehicles 
    safely;
        (3) the physical condition of operators of commercial motor 
    vehicles is adequate to enable them to operate the vehicles safely; 
    and
        (4) the operation of commercial motor vehicles does not have a 
    deleterious effect on the physical condition of the operators.

    (b) Eliminating and Amending Existing Regulations.--The Secretary 
may not eliminate or amend an existing motor carrier safety regulation 
related only to the maintenance, equipment, loading, or operation 
(including routing) of vehicles carrying material found to be hazardous 
under section 5103 of this title until an equivalent or more stringent 
regulation has been prescribed under section 5103.
    (c) Procedures and Considerations.--(1) A regulation under this 
section shall be prescribed under section 553 of title 5 (without regard 
to sections 556 and 557 of title 5).
    (2) Before prescribing regulations under this section, the Secretary 
shall consider, to the extent practicable and consistent with the 
purposes of this chapter--
        (A) costs and benefits; and
        (B) State laws and regulations on commercial motor vehicle 
    safety, to minimize their unnecessary preemption.

    (d) Effect of Existing Regulations.--If the Secretary does not 
prescribe regulations on commercial motor vehicle safety under this 
section, regulations on commercial motor vehicle safety prescribed by 
the Secretary before October 30, 1984, and in effect on October 30, 
1984, shall be deemed in this subchapter to be regulations prescribed by 
the Secretary under this section.
    (e) Exemptions.--The Secretary may grant in accordance with section 
31315 waivers and exemptions from, or conduct pilot programs with 
respect to, any regulations prescribed under this section.
    (f) Limitations on Municipality and Commercial Zone Exemptions and 
Waivers.--(1) The Secretary may not--
        (A) exempt a person or commercial motor vehicle from a 
    regulation related to commercial motor vehicle safety only because 
    the operations of the person or vehicle are entirely in a 
    municipality or commercial zone of a municipality; or
        (B) waive application to a person or commercial motor vehicle of 
    a regulation related to commercial motor vehicle safety only because 
    the operations of the person or vehicle are entirely in a 
    municipality or commercial zone of a municipality.

    (2) If a person was authorized to operate a commercial motor vehicle 
in a municipality or commercial zone of a municipality in the United 
States for the entire period from November 19, 1987, through November 
18, 1988, and if the person is otherwise qualified to operate a 
commercial motor vehicle, the person may operate a commercial motor 
vehicle entirely in a municipality or commercial zone of a municipality 
notwithstanding--
        (A) paragraph (1) of this subsection;
        (B) a minimum age requirement of the United States Government 
    for operation of the vehicle; and
        (C) a medical or physical condition that--
            (i) would prevent an operator from operating a commercial 
        motor vehicle under the commercial motor vehicle safety 
        regulations in title 49, Code of Federal Regulations;
            (ii) existed on July 1, 1988;
            (iii) has not substantially worsened; and
            (iv) does not involve alcohol or drug abuse.

    (3) This subsection does not affect a State commercial motor vehicle 
safety law applicable to intrastate commerce.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1003; Pub. L. 104-
59, title III, Sec. 344, Nov. 28, 1995, 109 Stat. 610; Pub. L. 104-287, 
Sec. 5(60), Oct. 11, 1996, 110 Stat. 3394; Pub. L. 105-178, title IV, 
Sec. 4007(c), June 9, 1998, 112 Stat. 403.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
31136(a)..............................  49 App.:2505(a), (g).            Oct. 3
0, 1984, Pub. L. 98-554, Sec.
                                                                          206(a
)-(g), 98 Stat. 2834.
31136(b)..............................  49 App.:2505(b).
31136(c)..............................  49 App.:2505(c).
31136(d)..............................  49 App.:2505(d), (e).
31136(e)..............................  49 App.:2505(f).
31136(f)..............................  49 App.:2505(h).                 Oct. 3
0, 1984, Pub. L. 98-554, Sec.
                                                                          206(h
), 98 Stat. 2835; restated Nov.
                                                                          18, 1
988, Pub. L. 100-690, Sec.
                                                                          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., Sec. 6(b) (as reported by the Committee on Commerce, 
Science, and Transportation of the Senate on May 2, 1984, in S. Rept. 
98-424).
    In subsection (d), the text of 49 App.:2505(d) is omitted as 
obsolete.
    In subsection (f)(2)(C)(i), the words ``an operator'' are 
substituted for ``such person'' because only a natural person can have a 
medical or physical condition.


                               Amendments

    1998--Subsec. (e). Pub. L. 105-178 amended heading and text of 
subsec. (e) generally. Prior to amendment, subsec. (e) consisted of 
pars. (1) to (3) relating to waivers.
    1996--Subsec. (e)(2)(A), (J), (3). Pub. L. 104-287 substituted 
``November 28, 1995'' for ``the date of the enactment of this 
paragraph''.
    1995--Subsec. (e)(1) to (3). Pub. L. 104-59 designated existing text 
as par. (1) and inserted heading, and added pars. (2) and (3).


        Authority To Promulgate Safety Standards for Retrofitting

    Pub. L. 106-159, title I, Sec. 101(f), Dec. 9, 1999, 113 Stat. 1752, 
provided that: ``The authority under title 49, United States Code, to 
promulgate safety standards for commercial motor vehicles and equipment 
subsequent to initial manufacture is vested in the Secretary and may be 
delegated.''


                    Protection of Existing Exemptions

    Pub. L. 105-178, title IV, Sec. 4007(d), June 9, 1998, 112 Stat. 
404, provided that: ``The amendments made by this section [amending this 
section and section 31315 of this title] shall not apply to or otherwise 
affect a waiver, exemption, or pilot program in effect on the day before 
the date of enactment of this Act [June 9, 1998] under chapter 313 or 
section 31136(e) of title 49, United States Code.''


     Application of Regulations to Certain Commercial Motor Vehicles

    Pub. L. 105-178, title IV, Sec. 4008(b), June 9, 1998, 112 Stat. 
404, provided that: ``Effective on the last day of the 1-year period 
beginning on the date of enactment of this Act [June 9, 1998], 
regulations prescribed under section 31136 of title 49, United States 
Code, shall apply to operators of commercial motor vehicles described in 
section 31132(1)(B) of such title (as amended by subsection (a)) to the 
extent that those regulations did not apply to those operators on the 
day before such effective date, except to the extent that the Secretary 
determines, through a rulemaking proceeding, that it is appropriate to 
exempt such operators of commercial motor vehicles from the application 
of those regulations.''


                  Improved Interstate School Bus Safety

    Pub. L. 105-178, title IV, Sec. 4024, June 9, 1998, 112 Stat. 416, 
provided that: ``Not later than 6 months after the date of enactment of 
this Act [June 9, 1998], the Secretary shall initiate a rulemaking 
proceeding to determine whether or not relevant commercial motor carrier 
safety regulations issued under section 31136 of title 49, United States 
Code, should apply to all interstate school transportation operations by 
local educational agencies (as defined in section 14101 of the 
Elementary and Secondary Education Act of 1965 [20 U.S.C. 8801]).''


                Federal Highway Administration Rulemaking

    Pub. L. 104-88, title IV, Sec. 408, Dec. 29, 1995, 109 Stat. 958, 
provided that:
    ``(a) Advance Notice.--The Federal Highway Administration shall 
issue an advance notice of proposed rulemaking dealing with a variety of 
fatigue-related issues pertaining to commercial motor vehicle motor 
vehicle safety (including 8 hours of continuous sleep after 10 hours of 
driving, loading and unloading operations, automated and tamper-proof 
recording devices, rest and recovery cycles, fatigue and stress in 
longer combination vehicles, fitness for duty, and other appropriate 
regulatory and enforcement countermeasures for reducing fatigue-related 
incidents and increasing driver alertness) not later than March 1, 1996.
    ``(b) Rulemaking.--The Federal Highway Administration shall issue a 
notice of proposed rulemaking dealing with such issues within 1 year 
after issuance of the advance notice under subsection (a) is published 
and shall issue a final rule dealing with those issues within 2 years 
after the last day of such 1-year period.''


 Exemptions From Requirements Relating to Commercial Motor Vehicles and 
                             Their Operators

    Section 345 of Pub. L. 104-59 provided that:
    ``(a) Exemptions.--
        ``(1) Transportation of agricultural commodities and farm 
    supplies.--Regulations prescribed by the Secretary under sections 
    31136 and 31502 of title 49, United States Code, regarding maximum 
    driving and on-duty time for drivers used by motor carriers shall 
    not apply to drivers transporting agricultural commodities or farm 
    supplies for agricultural purposes in a State if such transportation 
    is limited to an area within a 100 air mile radius from the source 
    of the commodities or the distribution point for the farm supplies 
    and is during the planting and harvesting seasons within such State, 
    as determined by the State.
        ``(2) Transportation and operation of ground water well drilling 
    rigs.--Such regulations shall, in the case of a driver of a 
    commercial motor vehicle who is used primarily in the transportation 
    and operation of a ground water well drilling rig, permit any period 
    of 7 or 8 consecutive days to end with the beginning of an off-duty 
    period of 24 or more consecutive hours for the purposes of 
    determining maximum driving and on-duty time.
        ``(3) Transportation of construction materials and equipment.--
    Such regulations shall, in the case of a driver of a commercial 
    motor vehicle who is used primarily in the transportation of 
    construction materials and equipment, permit any period of 7 or 8 
    consecutive days to end with the beginning of an off-duty period of 
    24 or more consecutive hours for the purposes of determining maximum 
    driving and on-duty time.
        ``(4) Drivers of utility service vehicles.--Such regulations 
    shall, in the case of a driver of a utility service vehicle, permit 
    any period of 7 or 8 consecutive days to end with the beginning of 
    an off-duty period of 24 or more consecutive hours for the purposes 
    of determining maximum driving and on-duty time.
        ``(5) Snow and ice removal.--A State may waive the requirements 
    of chapter 313 of title 49, United States Code, with respect to a 
    vehicle that is being operated within the boundaries of an eligible 
    unit of local government by an employee of such unit for the purpose 
    of removing snow or ice from a roadway by plowing, sanding, or 
    salting. Such waiver authority shall only apply in a case where the 
    employee is needed to operate the vehicle because the employee of 
    the eligible unit of local government who ordinarily operates the 
    vehicle and who has a commercial drivers license is unable to 
    operate the vehicle or is in need of additional assistance due to a 
    snow emergency.
    ``(b) Preemption.--Nothing contained in this section shall require 
the preemption of State laws and regulations concerning the safe 
operation of commercial motor vehicles as the result of exemptions from 
Federal requirements provided under this section.
    ``(c) Review by the Secretary.--The Secretary may conduct a 
rulemaking proceeding to determine whether granting any exemption 
provided by subsection (a) (other than paragraph (2)) is not in the 
public interest and would have a significant adverse impact on the 
safety of commercial motor vehicles. If, at any time as a result of such 
a proceeding, the Secretary determines that granting such exemption 
would not be in the public interest and would have a significant adverse 
impact on the safety of commercial motor vehicles, the Secretary may 
prevent the exemption from going into effect, modify the exemption, or 
revoke the exemption. The Secretary may develop a program to monitor the 
exemption, including agreements with carriers to permit the Secretary to 
examine insurance information maintained by an insurer on a carrier.
    ``(d) Report.--The Secretary shall monitor the commercial motor 
vehicle safety performance of drivers of vehicles that are subject to an 
exemption under this section. If the Secretary determines that public 
safety has been adversely affected by an exemption granted under this 
section, the Secretary shall report to Congress on the determination.
    ``(e) Definitions.--In this section, the following definitions 
apply:
        ``(1) 7 or 8 consecutive days.--The term `7 or 8 consecutive 
    days' means the period of 7 or 8 consecutive days beginning on any 
    day at the time designated by the motor carrier for a 24-hour 
    period.
        ``(2) 24-hour period.--The term `24-hour period' means any 24 
    consecutive hour period beginning at the time designated by the 
    motor carrier for the terminal from which the driver is normally 
    dispatched.
        ``(3) Ground water well drilling rig.--The term `ground water 
    well drilling rig' means any vehicle, machine, tractor, trailer, 
    semi-trailer, or specialized mobile equipment propelled or drawn by 
    mechanical power and used on highways to transport water well field 
    operating equipment, including water well drilling and pump service 
    rigs equipped to access ground water.
        ``(4) Transportation of construction materials and equipment.--
    The term `transportation of construction materials and equipment' 
    means the transportation of construction and pavement materials, 
    construction equipment, and construction maintenance vehicles, by a 
    driver to or from an active construction site (a construction site 
    between initial mobilization of equipment and materials to the site 
    to the final completion of the construction project) within a 50 air 
    mile radius of the normal work reporting location of the driver. 
    This paragraph does not apply to the transportation of material 
    found by the Secretary to be hazardous under section 5103 of title 
    49, United States Code, in a quantity requiring placarding under 
    regulations issued to carry out such section.
        ``(5) Eligible unit of local government.--The term `eligible 
    unit of local government' means a city, town, borough, county, 
    parish, district, or other public body created by or pursuant to 
    State law which has a total population of 3,000 individuals or less.
        ``(6) Utility service vehicle.--The term `utility service 
    vehicle' means any commercial motor vehicle--
            ``(A) used in the furtherance of repairing, maintaining, or 
        operating any structures or any other physical facilities 
        necessary for the delivery of public utility services, including 
        the furnishing of electric, gas, water, sanitary sewer, 
        telephone, and television cable or community antenna service;
            ``(B) while engaged in any activity necessarily related to 
        the ultimate delivery of such public utility services to 
        consumers, including travel or movement to, from, upon, or 
        between activity sites (including occasional travel or movement 
        outside the service area necessitated by any utility emergency 
        as determined by the utility provider); and
            ``(C) except for any occasional emergency use, operated 
        primarily within the service area of a utility's subscribers or 
        consumers, without regard to whether the vehicle is owned, 
        leased, or rented by the utility.
    ``(f) Effective Date.--Subsection (a) of this section shall take 
effect on the 180th day following the date of the enactment of this Act 
[Nov. 28, 1995]; except that paragraphs (1) and (2) of subsection (a) 
shall take effect on such date of enactment.''


       Winter Home Heating Oil Delivery State Flexibility Program

    Pub. L. 104-59, title III, Sec. 346, Nov. 28, 1995, 109 Stat. 615, 
as amended by Pub. L. 105-178, title I, Sec. 1211(j), June 9, 1998, 112 
Stat. 192; Pub. L. 105-206, title IX, Sec. 9003(d)(3), July 22, 1998, 
112 Stat. 839, provided that:
    ``(a) In General.--After notice and opportunity for comment, the 
Secretary shall develop and implement a pilot program for the purpose of 
evaluating waivers of the regulations issued by the Secretary pursuant 
to sections 31136 and 31502 of title 49, United States Code, relating to 
maximum on-duty time, and sections 31102 and 31104(j) of such title, 
relating to the Motor Carrier Safety Assistance Program, to permit any 
period of 7 or 8 consecutive days to end with the beginning of an off-
duty period of 24 or more consecutive hours for the purposes of 
determining maximum on-duty time for drivers of motor vehicles making 
intrastate home heating oil deliveries that occur within 100 air miles 
of a central terminal or distribution point of the delivery of such oil. 
The Secretary may approve up to 5 States to participate in the pilot 
program during the winter heating season in the 6-month period beginning 
on November 1, 1996.
    ``(b) Approval Criteria.--The Secretary shall select States to 
participate in the pilot program upon approval of applications submitted 
by States to the Secretary. The Secretary shall act on a State's 
application within 30 days after the date of its submission. The 
Secretary may only approve an application of a State under this section 
if the Secretary finds, at a minimum, that--
        ``(1) a substantial number of the citizens of the State rely on 
    home heating oil for heat during winter months;
        ``(2) current maximum on-duty time regulations may endanger the 
    welfare of these citizens by impeding timely deliveries of home 
    heating oil;
        ``(3) the State will ensure an equal to or greater level of 
    safety with respect to home heating oil deliveries than the level of 
    safety resulting from compliance with the regulations referred to in 
    subsection (a);
        ``(4) the State will monitor the safety of home heating oil 
    deliveries while participating in the program;
        ``(5) employers of deliverers of home heating oil that will be 
    covered by the program will agree to make all safety data developed 
    from the pilot program available to the State and to the Secretary;
        ``(6) the State will only permit employers of deliverers of home 
    heating oil with satisfactory safety records to be covered by the 
    program; and
        ``(7) the State will comply with such other criteria as the 
    Secretary determines are necessary to implement the program 
    consistent with this section.
    ``(c) Participation in Program.--Upon approval of an application of 
a State under this section, the Secretary shall permit the State to 
participate in the pilot program for an initial period of 15 days during 
the winter heating season of the State (as determined by the Governor 
and the Secretary). If, after the last day of such 15-day period, the 
Secretary finds that a State's continued participation in the program is 
consistent with this section and has resulted in no significant adverse 
impact on public safety and is in the public interest, the Secretary 
shall extend the State's participation in the program for periods of up 
to 30 additional days during such heating season.
    ``(d) Suspension From Program.--The Secretary may suspend a State's 
participation in the pilot program at any time if the Secretary finds--
        ``(1) that the State has not complied with any of the criteria 
    for participation in the program under this section;
        ``(2) that a State's participation in the program has caused a 
    significant adverse impact on public safety and is not in the public 
    interest; or
        ``(3) the existence of an emergency.
    ``(e) Review by Secretary.--Within 90 days after the completion of 
the pilot program, the Secretary shall initiate a rulemaking to 
determine, based in part on the results of the program, whether to--
        ``(1) permit a State to grant waivers of the regulations 
    referred to in subsection (a) to motor carriers transporting home 
    heating oil within the borders of the State, subject to such 
    conditions as the Secretary may impose, if the Secretary determines 
    that such waivers by the State meet the conditions in section 
    31136(e) of title 49, United States Code; or
        ``(2) amend the regulations referred to in subsection (a) as may 
    be necessary to provide flexibility to motor carriers delivering 
    home heating oil during winter periods of peak demand.
    ``(f) Definition.--In this section, the term `7 or 8 consecutive 
days' has the meaning such term has under section 345 of this Act [set 
out above].''

                  Section Referred to in Other Sections

    This section is referred to in sections 31132, 31141, 31142, 31146, 
31315, 31502 of this title.
