
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: 49USC31142]

 
                        TITLE 49--TRANSPORTATION
 
             SUBTITLE VI--MOTOR VEHICLE AND DRIVER PROGRAMS
 
                           PART B--COMMERCIAL
 
              CHAPTER 311--COMMERCIAL MOTOR VEHICLE SAFETY
 
                    SUBCHAPTER III--SAFETY REGULATION
 
Sec. 31142. Inspection of vehicles

    (a) Inspection of Safety Equipment.--On the instruction of an 
authorized enforcement official of a State or of the United States 
Government, a commercial motor vehicle is required to pass an inspection 
of all safety equipment required under the regulations issued under 
section 31136.
    (b) Inspection of Vehicles and Record Retention.--The Secretary of 
Transportation shall prescribe regulations on Government standards for 
inspection of commercial motor vehicles and retention by employers of 
records of an inspection. The standards shall provide for annual or more 
frequent inspections of a commercial motor vehicle unless the Secretary 
finds that another inspection system is as effective as an annual or 
more frequent inspection system. Regulations prescribed under this 
subsection are deemed to be regulations prescribed under section 31136 
of this title.
    (c) Preemption.--(1) Except as provided in paragraph (2) of this 
subsection, this subchapter and section 31102 of this title do not--
        (A) prevent a State or voluntary group of States from imposing 
    more stringent standards for use in their own periodic roadside 
    inspection programs of commercial motor vehicles;
        (B) prevent a State from enforcing a program for inspection of 
    commercial motor vehicles that the Secretary decides is as effective 
    as the Government standards prescribed under subsection (b) of this 
    section;
        (C) prevent a State from participating in the activities of a 
    voluntary group of States enforcing a program for inspection of 
    commercial motor vehicles; or
        (D) require a State that is enforcing a program described in 
    clause (B) or (C) of this paragraph to enforce a Government standard 
    prescribed under subsection (b) of this section or to adopt a 
    provision on inspection of commercial motor vehicles in addition to 
    that program to comply with the Government standards.

    (2) The Government standards prescribed under subsection (b) of this 
section shall preempt a program of a State described in paragraph (1)(C) 
of this subsection as the program applies to the inspection of 
commercial motor vehicles in that State. The State may not enforce the 
program if the Secretary--
        (A) decides, after notice and an opportunity for a hearing, that 
    the State is not enforcing the program in a way that achieves the 
    objectives of this section; and
        (B) after making a decision under clause (A) of this paragraph, 
    provides the State with a 6-month period to improve the enforcement 
    of the program to achieve the objectives of this section.

    (d) Inspection To Be Accepted as Adequate in All States.--A periodic 
inspection of a commercial motor vehicle under the Government standards 
prescribed under subsection (b) of this section or a program described 
in subsection (c)(1)(B) or (C) of this section that is being enforced 
shall be recognized as adequate in every State for the period of the 
inspection. This subsection does not prohibit a State from making random 
inspections of commercial motor vehicles.
    (e) Effect of Government Standards.--The Government standards 
prescribed under subsection (b) of this section may not be enforced as 
the standards apply to the inspection of commercial motor vehicles in a 
State enforcing a program described in subsection (c)(1)(B) or (C) of 
this section if the Secretary decides that it is in the public interest 
and consistent with public safety for the Government standards not to be 
enforced as they apply to that inspection.
    (f) Application of State Regulations to Government-Leased Vehicles 
and Operators.--A State receiving financial assistance under section 
31102 of this title in a fiscal year may enforce in that fiscal year a 
regulation on commercial motor vehicle safety adopted by the State as 
the regulation applies to commercial motor vehicles and operators leased 
to the Government.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1010; Pub. L. 105-
178, title IV, Sec. 4008(f), (g), June 9, 1998, 112 Stat. 405.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
31142(a)..............................  49 App.:2509(a).                 Oct. 3
0, 1984, Pub. L. 98-554, Sec.
                                                                          210(a
)-(f), 98 Stat. 2839.
31142(b)..............................  49 App.:2509(b), (c).
31142(c)..............................  49 App.:2509(d).
31142(d)..............................  49 App.:2509(e).
31142(e)..............................  49 App.:2509(f).
31142(f)..............................  49 App.:2509(g).                 Oct. 3
0, 1984, Pub. L. 98-554, 98 Stat.
                                                                          2829,
 Sec.  210(g); added Nov. 16,
                                                                          1990,
 Pub. L. 101-615, Sec.  24, 104
                                                                          Stat.
 3273.
-------------------------------------------------------------------------------
---------------------------------

    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''.
    In subsection (b), the words ``shall prescribe regulations on'' are 
substituted for ``shall, by rule, establish'' for consistency in the 
revised title and with other titles of the United States Code and 
because ``rule'' is synonymous with ``regulation''. The words ``For 
purposes of this chapter'' are omitted as unnecessary. The text of 49 
App.:2509(c) is omitted as executed.
    In subsection (c)(1), before clause (A), the words ``this subchapter 
and section 31102 of this title do not'' are substituted for ``nothing 
in section 2302 of this Appendix or section 2507 of this Appendix or any 
other provision of this chapter shall be construed as'' to eliminate 
unnecessary words.


                               Amendments

    1998--Subsec. (a). Pub. L. 105-178, Sec. 4008(f), substituted ``the 
regulations issued under section 31136'' for ``part 393 of title 49, 
Code of Federal Regulations''.
    Subsec. (c)(1)(C). Pub. L. 105-178, Sec. 4008(g), amended subpar. 
(C) generally. Prior to amendment, subpar. (C) read as follows: 
``prevent a State from enforcing a program for inspection of commercial 
motor vehicles that meets the requirements for membership in the 
Commercial Vehicle Safety Alliance, as those requirements were in effect 
on October 30, 1984; or''.

                  Section Referred to in Other Sections

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