
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 107-56 Section 1012(b)]
[CITE: 49USC31305]

 
                        TITLE 49--TRANSPORTATION
 
             SUBTITLE VI--MOTOR VEHICLE AND DRIVER PROGRAMS
 
                           PART B--COMMERCIAL
 
             CHAPTER 313--COMMERCIAL MOTOR VEHICLE OPERATORS
 
Sec. 31305. General driver fitness and testing

    (a) Minimum Standards for Testing and Fitness.--The Secretary of 
Transportation shall prescribe regulations on minimum standards for 
testing and ensuring the fitness of an individual operating a commercial 
motor vehicle. The regulations--
        (1) shall prescribe minimum standards for written and driving 
    tests of an individual operating a commercial motor vehicle;
        (2) shall require an individual who operates or will operate a 
    commercial motor vehicle to take a driving test in a vehicle 
    representative of the type of vehicle the individual operates or 
    will operate;
        (3) shall prescribe minimum testing standards for the operation 
    of a commercial motor vehicle and may prescribe different minimum 
    testing standards for different classes of commercial motor 
    vehicles;
        (4) shall ensure that an individual taking the tests has a 
    working knowledge of--
            (A) regulations on the safe operation of a commercial motor 
        vehicle prescribed by the Secretary and contained in title 49, 
        Code of Federal Regulations; and
            (B) safety systems of the vehicle;

        (5) shall ensure that an individual who operates or will operate 
    a commercial motor vehicle carrying a hazardous material--
            (A) is qualified to operate the vehicle under regulations on 
        motor vehicle transportation of hazardous material prescribed 
        under chapter 51 of this title; and
            (B) has a working knowledge of--
                (i) those regulations;
                (ii) the handling of hazardous material;
                (iii) the operation of emergency equipment used in 
            response to emergencies arising out of the transportation of 
            hazardous material; and
                (iv) appropriate response procedures to follow in those 
            emergencies;

        (6) shall establish minimum scores for passing the tests;
        (7) shall ensure that an individual taking the tests is 
    qualified to operate a commercial motor vehicle under regulations 
    prescribed by the Secretary and contained in title 49, Code of 
    Federal Regulations, to the extent the regulations apply to the 
    individual; and
        (8) may require--
            (A) issuance of a certification of fitness to operate a 
        commercial motor vehicle to an individual passing the tests; and
            (B) the individual to have a copy of the certification in 
        the individual's possession when the individual is operating a 
        commercial motor vehicle.

    (b) Requirements for Operating Vehicles.--(1) Except as provided in 
paragraph (2) of this subsection, an individual may operate a commercial 
motor vehicle only if the individual has passed written and driving 
tests that meet the minimum standards prescribed by the Secretary under 
subsection (a) of this section to operate the vehicle and has a 
commercial driver's license to operate the vehicle.
    (2) The Secretary may prescribe regulations providing that an 
individual may operate a commercial motor vehicle for not more than 90 
days if the individual--
        (A) passes a driving test for operating a commercial motor 
    vehicle that meets the minimum standards prescribed under subsection 
    (a) of this section; and
        (B) has a driver's license that is not suspended, revoked, or 
    canceled.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1016; Pub. L. 106-
159, title II, Sec. 201(d), Dec. 9, 1999, 113 Stat. 1760.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
31305(a)..............................  49 App.:2704(a).                 Oct. 2
7, 1986, Pub. L. 99-570, Sec.
                                                                          12005
(a), (b), 100 Stat. 3207-171.
31305(b)..............................  49 App.:2704(b).
-------------------------------------------------------------------------------
---------------------------------

    In this section, the word ``Federal'' is omitted as unnecessary.
    In subsection (a), before clause (1), the words ``Not later than 
July 15, 1988'' are omitted as obsolete. In clause (3), the words ``if 
the Secretary considers appropriate to carry out the objectives of this 
title'' are omitted as unnecessary.
    In subsection (b)(1), the words ``taken and'' are omitted as 
unnecessary. The text of 49 App.:2704(b)(3) is omitted as obsolete.


                               Amendments

    1999--Subsec. (b)(1). Pub. L. 106-159 struck out ``to operate the 
vehicle'' after ``written and driving tests'' and inserted ``to operate 
the vehicle and has a commercial driver's license to operate the 
vehicle'' before period at end.


                       CDL School Bus Endorsement

    Pub. L. 106-159, title II, Sec. 214, Dec. 9, 1999, 113 Stat. 1766, 
provided that: ``The Secretary shall conduct a rulemaking to establish a 
special commercial driver's license endorsement for drivers of school 
buses. The endorsement shall, at a minimum--
        ``(1) include a driving skills test in a school bus; and
        ``(2) address proper safety procedures for--
            ``(A) loading and unloading children;
            ``(B) using emergency exits; and
            ``(C) traversing highway rail grade crossings.''


                           Medical Certificate

    Pub. L. 106-159, title II, Sec. 215, Dec. 9, 1999, 113 Stat. 1767, 
provided that: ``The Secretary shall initiate a rulemaking to provide 
for a Federal medical qualification certificate to be made a part of 
commercial driver's licenses.''


                    Insulin Treated Diabetes Mellitus

    Pub. L. 105-178, title IV, Sec. 4018, June 9, 1998, 112 Stat. 413, 
provided that:
    ``(a) Determination.--Not later than 18 months after the date of 
enactment of this Act [June 9, 1998], the Secretary [of Transportation] 
shall determine whether a practicable and cost-effective screening, 
operating, and monitoring protocol could likely be developed for insulin 
treated diabetes mellitus individuals who want to operate commercial 
motor vehicles in interstate commerce that would ensure a level of 
safety equal to or greater than that achieved with the current 
prohibition on individuals with insulin treated diabetes mellitus 
driving such vehicles.
    ``(b) Compilation and Evaluation.--Prior to making the determination 
in subsection (a), the Secretary shall compile and evaluate research and 
other information on the effects of insulin treated diabetes mellitus on 
driving performance. In preparing the compilation and evaluation, the 
Secretary shall, at a minimum--
        ``(1) consult with States that have developed and are 
    implementing a screening process to identify individuals with 
    insulin treated diabetes mellitus who may obtain waivers to drive 
    commercial motor vehicles in intrastate commerce;
        ``(2) evaluate the Department's policy and actions to permit 
    certain insulin treated diabetes mellitus individuals who meet 
    selection criteria and who successfully comply with the approved 
    monitoring protocol to operate in other modes of transportation;
        ``(3) assess the possible legal consequences of permitting 
    insulin treated diabetes mellitus individuals to drive commercial 
    motor vehicles in interstate commerce;
        ``(4) analyze available data on the safety performance of 
    diabetic drivers of motor vehicles;
        ``(5) assess the relevance of intrastate driving and experiences 
    of other modes of transportation to interstate commercial motor 
    vehicle operations; and
        ``(6) consult with interested groups knowledgeable about 
    diabetes and related issues.
    ``(c) Report to Congress.--If the Secretary determines that no 
protocol described in subsection (a) could likely be developed, the 
Secretary shall report to Congress the basis for such determination.
    ``(d) Initiation of Rulemaking.--If the Secretary determines that a 
protocol described in subsection (a) could likely be developed, the 
Secretary shall report to Congress a description of the elements of such 
protocol and shall promptly initiate a rulemaking proceeding to 
implement such protocol.''


                      Performance-Based CDL Testing

    Pub. L. 105-178, title IV, Sec. 4019, June 9, 1998, 112 Stat. 414, 
provided that:
    ``(a) Review.--Not later than 1 year after the date of enactment of 
this Act [June 9, 1998], the Secretary [of Transportation] shall 
complete a review of the procedures established and implemented by 
States under section 31305 of title 49, United States Code, to determine 
if the current system for testing is an accurate measure and reflection 
of an individual's knowledge and skills as an operator of a commercial 
motor vehicle and to identify methods to improve testing and licensing 
standards, including identifying the benefits and costs of a graduated 
licensing system.
    ``(b) Regulations.--The Secretary may issue regulations under 
section 31305 of title 49, United States Code, reflecting the results of 
the review.''


                             Driver Fatigue

    Pub. L. 105-178, title IV, Sec. 4021, June 9, 1998, 112 Stat. 414, 
provided that:
    ``(a) Technologies To Reduce Fatigue of Commercial Motor Vehicle 
Operators.--
        ``(1) Development of technologies.--As part of the activities of 
    the Secretary [of Transportation] relating to the fatigue of 
    commercial motor vehicle operators, the Secretary shall encourage 
    the research, development, and demonstration of technologies that 
    may aid in reducing such fatigue.
        ``(2) Matters to be taken into account.--In carrying out 
    paragraph (1), the Secretary shall take into account--
            ``(A) the degree to which the technology will be cost 
        efficient;
            ``(B) the degree to which the technology can be effectively 
        used in diverse climatic regions of the Nation; and
            ``(C) the degree to which the application of the technology 
        will further emissions reductions, energy conservation, and 
        other transportation goals.
        ``(3) Funding.--The Secretary may use amounts made available 
    under section 5001(a)(2) of this Act [112 Stat. 419].
    ``(b) Nonsedating Medications.--The Secretary shall review available 
information on the effects of medications (including antihistamines) on 
driver fatigue, awareness, and performance and shall consider 
encouraging, if appropriate, the use of nonsedating medications 
(including nonsedating antihistamines) as a means of reducing the 
adverse effects of the use of other medications by drivers.''

                  Section Referred to in Other Sections

    This section is referred to in sections 521, 31301, 31308, 31311 of 
this title.
