
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: 49USC31141]

 
                        TITLE 49--TRANSPORTATION
 
             SUBTITLE VI--MOTOR VEHICLE AND DRIVER PROGRAMS
 
                           PART B--COMMERCIAL
 
              CHAPTER 311--COMMERCIAL MOTOR VEHICLE SAFETY
 
                    SUBCHAPTER III--SAFETY REGULATION
 
Sec. 31141. Review and preemption of State laws and regulations

    (a) Preemption After Decision.--A State may not enforce a State law 
or regulation on commercial motor vehicle safety that the Secretary of 
Transportation decides under this section may not be enforced.
    (b) Submission of Regulation.--A State receiving funds made 
available under section 31104 that enacts a State law or issues a 
regulation on commercial motor vehicle safety shall submit a copy of the 
law or regulation to the Secretary immediately after the enactment or 
issuance.
    (c) Review and Decisions by Secretary.--
        (1) Review.--The Secretary shall review State laws and 
    regulations on commercial motor vehicle safety. The Secretary shall 
    decide whether the State law or regulation--
            (A) has the same effect as a regulation prescribed by the 
        Secretary under section 31136;
            (B) is less stringent than such regulation; or
            (C) is additional to or more stringent than such regulation.

        (2) Regulations with same effect.--If the Secretary decides a 
    State law or regulation has the same effect as a regulation 
    prescribed by the Secretary under section 31136 of this title, the 
    State law or regulation may be enforced.
        (3) Less stringent regulations.--If the Secretary decides a 
    State law or regulation is less stringent than a regulation 
    prescribed by the Secretary under section 31136 of this title, the 
    State law or regulation may not be enforced.
        (4) Additional or more stringent regulations.--If the Secretary 
    decides a State law or regulation is additional to or more stringent 
    than a regulation prescribed by the Secretary under section 31136 of 
    this title, the State law or regulation may be enforced unless the 
    Secretary also decides that--
            (A) the State law or regulation has no safety benefit;
            (B) the State law or regulation is incompatible with the 
        regulation prescribed by the Secretary; or
            (C) enforcement of the State law or regulation would cause 
        an unreasonable burden on interstate commerce.

        (5) Consideration of effect on interstate commerce.--In deciding 
    under paragraph (4) whether a State law or regulation will cause an 
    unreasonable burden on interstate commerce, the Secretary may 
    consider the effect on interstate commerce of implementation of that 
    law or regulation with the implementation of all similar laws and 
    regulations of other States.

    (d) Waivers.--(1) A person (including a State) may petition the 
Secretary for a waiver of a decision of the Secretary that a State law 
or regulation may not be enforced under this section. The Secretary 
shall grant the waiver, as expeditiously as possible, if the person 
demonstrates to the satisfaction of the Secretary that the waiver is 
consistent with the public interest and the safe operation of commercial 
motor vehicles.
    (2) Before deciding whether to grant or deny a petition for a waiver 
under this subsection, the Secretary shall give the petitioner an 
opportunity for a hearing on the record.
    (e) Written Notice of Decisions.--Not later than 10 days after 
making a decision under subsection (c) of this section that a State law 
or regulation may not be enforced, the Secretary shall give written 
notice to the State of that decision.
    (f) Judicial Review and Venue.--(1) Not later than 60 days after the 
Secretary makes a decision under subsection (c) of this section, or 
grants or denies a petition for a waiver under subsection (d) of this 
section, a person (including a State) adversely affected by the 
decision, grant, or denial may file a petition for judicial review. The 
petition may be filed in the court of appeals of the United States for 
the District of Columbia Circuit or in the court of appeals of the 
United States for the circuit in which the person resides or has its 
principal place of business.
    (2) The court has jurisdiction to review the decision, grant, or 
denial and to grant appropriate relief, including interim relief, as 
provided in chapter 7 of title 5.
    (3) A judgment of a court under this subsection may be reviewed only 
by the Supreme Court under section 1254 of title 28.
    (4) The remedies provided for in this subsection are in addition to 
other remedies provided by law.
    (g) Initiating Review Proceedings.--To review a State law or 
regulation on commercial motor vehicle safety under this section, the 
Secretary may initiate a regulatory proceeding on the Secretary's own 
initiative or on petition of an interested person (including a State).

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1008; Pub. L. 105-
178, title IV, Sec. 4008(e), June 9, 1998, 112 Stat. 404.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
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---------------------------------
31141(a)..............................  49 App.:2507(a).                 Oct. 3
0, 1984, Pub. L. 98-554, Sec.
                                                                          208(a
)-(g), (i), 98 Stat. 2836, 2838.
31141(b)..............................  49 App.:2507(b).
31141(c)..............................  49 App.:2507(c).
31141(d)..............................  49 App.:2507(d).
31141(e)..............................  49 App.:2507(e).
31141(f)..............................  49 App.:2507(f).
31141(g)..............................  49 App.:2507(g).
31141(h)..............................  49 App.:2507(h).                 Oct. 3
0, 1984, Pub. L. 98-554, Sec.
                                                                          208(h
), 98 Stat. 2838; Nov. 18, 1988,
                                                                          Pub. 
L. 100-690, Sec.  9109, 102 Stat.
                                                                          4530.
                                        49 App.:2507(i).
-------------------------------------------------------------------------------
---------------------------------

    In this section, language about whether a State law or regulation 
may be ``in effect'' is omitted as redundant to language about whether 
it may be ``enforced''. The words ``regulatory proceeding'' are 
substituted for ``rulemaking proceeding'' for consistency in the revised 
title and because ``rule'' is synonymous with ``regulation''.
    In subsection (a), the words ``with respect to commercial motor 
vehicles'' are omitted as surplus.
    In subsection (b)(1), the words ``Not later than 18 months after 
October 30, 1984, and . . . thereafter'' are omitted as obsolete.
    In subsection (g)(1), the words ``court of appeals of the United 
States for the District of Columbia Circuit'' are substituted for 
``United States court of appeals for the District of Columbia'' to be 
more precise.
    In subsection (g)(2), the words ``Upon the filing of a petition 
under paragraph (1) of this subsection'' are omitted as surplus.
    Subsection (g)(3) is substituted for 49 App.:2507(g)(3) for 
consistency in this part and to eliminate unnecessary words.
    In subsection (h), the text of 49 App.:2507(h) and the words ``After 
the last day of the 48-month period beginning on October 30, 1984'' are 
omitted as obsolete.


                               Amendments

    1998--Subsecs. (b), (c). Pub. L. 105-178, Sec. 4008(e)(1), added 
subsecs. (b) and (c) and struck out headings and text of former subsecs. 
(b) and (c) which related to analysis and decisions by Commercial Motor 
Vehicle Safety Regulatory Review Panel and to review and decisions by 
Secretary, respectively.
    Subsecs. (e) to (h). Pub. L. 105-178, Sec. 4008(e)(2), (3), 
redesignated subsecs. (f) to (h) as (e) to (g), respectively, and struck 
out heading and text of former subsec. (e). Text read as follows: ``The 
Secretary may consolidate regulatory proceedings under this section if 
the Secretary decides that the consolidation will not adversely affect a 
party to a proceeding.''

                  Section Referred to in Other Sections

    This section is referred to in section 31132 of this title.
