
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: 49USC31301]

 
                        TITLE 49--TRANSPORTATION
 
             SUBTITLE VI--MOTOR VEHICLE AND DRIVER PROGRAMS
 
                           PART B--COMMERCIAL
 
             CHAPTER 313--COMMERCIAL MOTOR VEHICLE OPERATORS
 
Sec. 31301. Definitions

    In this chapter--
        (1) ``alcohol'' has the same meaning given the term ``alcoholic 
    beverage'' in section 158(c) of title 23.
        (2) ``commerce'' means trade, traffic, and transportation--
            (A) in the jurisdiction of the United States between a place 
        in a State and a place outside that State (including a place 
        outside the United States); or
            (B) in the United States that affects trade, traffic, and 
        transportation described in subclause (A) of this clause.

        (3) ``commercial driver's license'' means a license issued by a 
    State to an individual authorizing the individual to operate a class 
    of commercial motor vehicles.
        (4) ``commercial motor vehicle'' means a motor vehicle used in 
    commerce to transport passengers or property that--
            (A) has a gross vehicle weight rating or gross vehicle 
        weight of at least 26,001 pounds, whichever is greater, or a 
        lesser gross vehicle weight rating or gross vehicle weight the 
        Secretary of Transportation prescribes by regulation, but not 
        less than a gross vehicle weight rating of 10,001 pounds;
            (B) is designed to transport at least 16 passengers 
        including the driver; or
            (C) is used to transport material found by the Secretary to 
        be hazardous under section 5103 of this title, except that a 
        vehicle shall not be included as a commercial motor vehicle 
        under this subclause if--
                (i) the vehicle does not satisfy the weight requirements 
            of subclause (A) of this clause;
                (ii) the vehicle is transporting material listed as 
            hazardous under section 306(a) of the Comprehensive 
            Environmental Response, Compensation, and Liability Act of 
            1980 (42 U.S.C. 9656(a)) and is not otherwise regulated by 
            the Secretary or is transporting a consumer commodity or 
            limited quantity of hazardous material as defined in section 
            171.8 of title 49, Code of Federal Regulations; and
                (iii) the Secretary does not deny the application of 
            this exception to the vehicle (individually or as part of a 
            class of motor vehicles) in the interest of safety.

        (5) except in section 31306, ``controlled substance'' has the 
    same meaning given that term in section 102 of the Comprehensive 
    Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 802).
        (6) ``driver's license'' means a license issued by a State to an 
    individual authorizing the individual to operate a motor vehicle on 
    highways.
        (7) ``employee'' means an operator of a commercial motor vehicle 
    (including an independent contractor when operating a commercial 
    motor vehicle) who is employed by an employer.
        (8) ``employer'' means a person (including the United States 
    Government, a State, or a political subdivision of a State) that 
    owns or leases a commercial motor vehicle or assigns employees to 
    operate a commercial motor vehicle.
        (9) ``felony'' means an offense under a law of the United States 
    or a State that is punishable by death or imprisonment for more than 
    one year.
        (10) ``hazardous material'' has the same meaning given that term 
    in section 5102 of this title.
        (11) ``motor vehicle'' means a vehicle, machine, tractor, 
    trailer, or semitrailer propelled or drawn by mechanical power and 
    used on public streets, roads, or highways, but does not include a 
    vehicle, machine, tractor, trailer, or semitrailer operated only on 
    a rail line or custom harvesting farm machinery.
        (12) ``serious traffic violation'' means--
            (A) excessive speeding, as defined by the Secretary by 
        regulation;
            (B) reckless driving, as defined under State or local law;
            (C) a violation of a State or local law on motor vehicle 
        traffic control (except a parking violation) and involving a 
        fatality, other than a violation to which section 31310(b)(1)(E) 
        or 31310(c)(1)(E) applies;
            (D) driving a commercial motor vehicle when the individual 
        has not obtained a commercial driver's license;
            (E) driving a commercial motor vehicle when the individual 
        does not have in his or her possession a commercial driver's 
        license unless the individual provides, by the date that the 
        individual must appear in court or pay any fine with respect to 
        the citation, to the enforcement authority that issued the 
        citation proof that the individual held a valid commercial 
        driver's license on the date of the citation;
            (F) driving a commercial motor vehicle when the individual 
        has not met the minimum testing standards--
                (i) under section 31305(a)(3) for the specific class of 
            vehicle the individual is operating; or
                (ii) under section 31305(a)(5) for the type of cargo the 
            vehicle is carrying; and

            (G) any other similar violation of a State or local law on 
        motor vehicle traffic control (except a parking violation) that 
        the Secretary designates by regulation as serious.

        (13) ``State'' means a State of the United States and the 
    District of Columbia.
        (14) ``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. 1014; Pub. L. 105-
178, title IV, Sec. 4011(a), June 9, 1998, 112 Stat. 407; Pub. L. 106-
159, title II, Sec. 201(a)(3), (c), Dec. 9, 1999, 113 Stat. 1759, 1760.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
31301(1)..............................  49 App.:2716(1), (13).           Oct. 2
7, 1986, Pub. L. 99-570, Sec.
                                                                          12019
(1)-(4), (6)-(15), 100 Stat. 3207-
                                                                          187, 
3207-188.
31301(2)..............................  49 App.:2716(3).
31301(3)..............................  49 App.:2716(4).
31301(4)..............................  49 App.:2716(6).
31301(5)..............................  49 App.:2716(7).
31301(6)..............................  49 App.:2716(2).
31301(7)..............................  49 App.:2716(8).
31301(8)..............................  49 App.:2716(9).
31301(9)..............................  49 App.:2716(10).
31301(10).............................  49 App.:2716(11).
31301(11).............................  49 App.:2716(5).                 Oct. 2
7, 1986, Pub. L. 99-570, Sec.
                                                                          12019
(5), 100 Stat. 3207-188; Apr. 2,
                                                                          1987,
 Pub. L. 100-17, Sec.  133(c)(2),
                                                                          101 S
tat. 172; Dec. 18, 1991, Pub. L.
                                                                          102-2
40, Sec.  4010, 105 Stat. 2156.
31301(12).............................  49 App.:2716(12).
31301(13).............................  49 App.:2716(14).
31301(14).............................  49 App.:2716(15).
-------------------------------------------------------------------------------
---------------------------------

    In clause (1), the text of 49 App.:2716(13) is omitted as surplus 
because the complete name of the Secretary of Transportation is used the 
first time the term appears in a section.
    In clause (4)(A), the words ``at least 26,001 pounds'' are 
substituted for ``26,001 or more pounds'', and the word ``prescribes'' 
is substituted for ``determines appropriate'', for consistency in the 
revised title.
    In clause (4)(B), the words ``at least 16 passengers'' are 
substituted for ``more than 15 passengers'' for consistency.
    Clause (4)(C)(i) is substituted for ``and which has a gross vehicle 
weight rating of less than 26,001 pounds (or such gross vehicle weight 
rating as determined appropriate by the Secretary under subparagraph 
(A))'' to eliminate unnecessary words. In subclause (iii), the words 
``deny the application of this exception'' are substituted for ``waive 
the application of the preceding sentence'' for clarity and because of 
the restatement.
    In clause (11), the words ``public streets, roads, or'' are added 
for consistency in the revised title.
    In clause (12)(C), the words ``involving a fatality'' are 
substituted for ``arising in connection with a fatal traffic accident'' 
to eliminate unnecessary words.


                               Amendments

    1999--Par. (12)(C). Pub. L. 106-159, Sec. 201(a)(3), inserted ``, 
other than a violation to which section 31310(b)(1)(E) or 31310(c)(1)(E) 
applies'' after ``a fatality''.
    Par. (12)(D) to (G). Pub. L. 106-159, Sec. 201(c), added subpars. 
(D) to (F) and redesignated former subpar. (D) as (G).
    1998--Par. (4)(A). Pub. L. 105-178, Sec. 4011(a)(1), inserted ``or 
gross vehicle weight'' after ``rating'' first two places that term 
appears and ``, whichever is greater,'' after ``26,001 pounds''.
    Par. (4)(C)(ii). Pub. L. 105-178, Sec. 4011(a)(2), inserted ``is'' 
before ``transporting'' in two places and before ``not otherwise 
regulated''.


 Exemptions From Requirements Relating to Commercial Motor Vehicles and 
                             Their Operators

    For provisions relating to waiver of requirements of this chapter 
with respect to vehicles used for snow or ice removal, see section 
345(a)(5) of Pub. L. 104-59, set out as a note under section 31136 of 
this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 521, 31316 of this title; 
title 21 section 849.
