
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: 49USC31309]

 
                        TITLE 49--TRANSPORTATION
 
             SUBTITLE VI--MOTOR VEHICLE AND DRIVER PROGRAMS
 
                           PART B--COMMERCIAL
 
             CHAPTER 313--COMMERCIAL MOTOR VEHICLE OPERATORS
 
Sec. 31309. Commercial driver's license information system

    (a) General Requirement.--The Secretary of Transportation shall 
maintain an information system that will serve as a clearinghouse and 
depository of information about the licensing, identification, and 
disqualification of operators of commercial motor vehicles. The system 
shall be coordinated with activities carried out under section 31106. 
The Secretary shall consult with the States in carrying out this 
section.
    (b) Contents.--(1) At a minimum, the information system under this 
section shall include for each operator of a commercial motor vehicle--
        (A) information the Secretary considers appropriate to ensure 
    identification of the operator;
        (B) the name, address, and physical description of the operator;
        (C) the social security account number of the operator or other 
    number or information the Secretary considers appropriate to 
    identify the operator;
        (D) the name of the State that issued the license to the 
    operator;
        (E) the dates between which the license is valid; and
        (F) whether the operator had a commercial motor vehicle driver's 
    license revoked, suspended, or canceled by a State, lost the right 
    to operate a commercial motor vehicle in a State for any period, or 
    has been disqualified from operating a commercial motor vehicle.

    (2) The information system under this section must accommodate any 
unique identifiers required to minimize fraud or duplication of a 
commercial driver's license under section 31308(2).
    (c) Availability of Information.--Information in the information 
system shall be made available and subject to review and correction in 
accordance with the policy developed under section 31106(e).
    (d) Fee System.--The Secretary may establish a fee system for using 
the information system. Fees collected under this subsection in a fiscal 
year shall equal as nearly as possible the costs of operating the 
information system in that fiscal year. The Secretary shall deposit fees 
collected under this subsection in the Highway Trust Fund (except the 
Mass Transit Account).

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1020; Pub. L. 105-
178, title IV, Sec. 4011(d), June 9, 1998, 112 Stat. 407.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
31309(a)..............................  49 App.:2706(a).                 Oct. 2
7, 1986, Pub. L. 99-570, Sec.
                                                                          12007
, 100 Stat. 3207-175.
31309(b)..............................  49 App.:2706(b).
31309(c)..............................  49 App.:2706(c).
31309(d)(1)...........................  49 App.:2706(d).
31309(d)(2)...........................  49 App.:2706 (note).             Nov. 1
8, 1988, Pub. L. 100-690, Sec.
                                                                          9105(
a), 102 Stat. 4530.
31309(e)..............................  49 App.:2706(e).
31309(f)..............................  49 App.:2706(f), (g).
                                        49 App.:2706 (note).             Nov. 1
8, 1988, Pub. L. 100-690, Sec.
                                                                          9105(
b), 102 Stat. 4530.
-------------------------------------------------------------------------------
---------------------------------

    In subsection (a), the words ``Not later than January 1, 1989'' are 
omitted as obsolete. The words ``shall consult with'' are substituted 
for ``consult'' for clarity.
    In subsection (b), the text of 49 App.:2706(b)(1) is omitted as 
executed. The words ``utilizing such system'' are omitted as surplus.
    In subsection (f), the text of 49 App.:2706(g) and section 9105(b) 
of the Anti-Drug Abuse Act of 1988 (Public Law 100-690, 102 Stat. 4530) 
is omitted as obsolete.


                               Amendments

    1998--Subsec. (a). Pub. L. 105-178, Sec. 4011(d)(1), (2), 
substituted ``maintain an information system'' for ``make an agreement 
under subsection (b) of this section for the operation of, or establish 
under subsection (c) of this section, an information system'' and 
inserted ``The system shall be coordinated with activities carried out 
under section 31106.'' before ``The Secretary shall consult''.
    Subsec. (b). Pub. L. 105-178, Sec. 4011(d)(3), (8), redesignated 
subsec. (d) as (b) and struck out heading and text of former subsec. 
(b). Text read as follows: ``If the Secretary decides that an 
information system used by a State or States about the driving status of 
operators of motor vehicles or another State-operated information system 
could be used to carry out this section, and the State or States agree 
to the use of the system for carrying out this section, the Secretary 
may make an agreement with the State or States to use the system as 
provided in this section and section 31311(c) of this title. An 
agreement made under this subsection shall contain terms the Secretary 
considers necessary to carry out this chapter.''
    Subsec. (c). Pub. L. 105-178, Sec. 4011(d)(3), (8), redesignated 
subsec. (e) as (c) and struck out heading and text of former subsec. 
(c). Text read as follows: ``If the Secretary does not make an agreement 
under subsection (b) of this section, the Secretary shall establish an 
information system about the driving status and licensing of operators 
of commercial motor vehicles as provided in this section.''
    Subsec. (d). Pub. L. 105-178, Sec. 4011(d)(8), redesignated subsec. 
(f) as (d). Former subsec. (d) redesignated (b).
    Subsec. (d)(2). Pub. L. 105-178, Sec. 4011(d)(4), added par. (2) and 
struck out former par. (2) which read as follows: ``Not later than 
December 31, 1990, the Secretary shall prescribe regulations on minimum 
uniform standards for a biometric identification system to ensure the 
identification of operators of commercial motor vehicles.''
    Subsec. (e). Pub. L. 105-178, Sec. 4011(d)(8), redesignated subsec. 
(e) as (c).
    Pub. L. 105-178, Sec. 4011(d)(5), added subsec. (e) and struck out 
heading and text of former subsec. (e). Text read as follows:
    ``(1) On request of a State, the Secretary or the operator of the 
information system, as the case may be, may make available to the State 
information in the information system under this section.
    ``(2) On request of an employee, the Secretary or the operator of 
the information system, as the case may be, may make available to the 
employee information in the information system about the employee.
    ``(3) On request of an employer or prospective employer of an 
employee and after notification to the employee, the Secretary or the 
operator of the information system, as the case may be, may make 
available to the employer or prospective employer information in the 
information system about the employee.
    ``(4) On the request of the Secretary, the operator of the 
information system shall make available to the Secretary information 
about the driving status and licensing of operators of commercial motor 
vehicles (including information required by subsection (d)(1) of this 
section).''
    Subsec. (f). Pub. L. 105-178, Sec. 4011(d)(8), redesignated subsec. 
(f) as (d).
    Pub. L. 105-178, Sec. 4011(d)(6), (7), substituted ``The Secretary 
may establish'' for ``If the Secretary establishes an information system 
under this section, the Secretary shall establish''.


              Improved Flow of Driver History Pilot Program

    Pub. L. 105-178, title IV, Sec. 4022, June 9, 1998, 112 Stat. 415, 
provided that:
    ``(a) Pilot Program.--
        ``(1) In general.--The Secretary [of Transportation] shall carry 
    out a pilot program in cooperation with 1 or more States to improve 
    upon the timely exchange of pertinent driver performance and safety 
    records data to motor carriers.
        ``(2) Purpose.--The purpose of the program shall be to--
            ``(A) determine to what extent driver performance records 
        data, including relevant fines, penalties, and failures to 
        appear for a hearing or trial, should be included as part of any 
        information systems under the Department of Transportation's 
        oversight;
            ``(B) assess the feasibility, costs, safety impact, pricing 
        impact, and benefits of record exchanges; and
            ``(C) assess methods for the efficient exchange of driver 
        safety data available from existing State information systems 
        and sources.
        ``(3) Completion date.--The pilot program shall end on the last 
    day of the 18-month period beginning on the date of initiation of 
    the pilot program.
    ``(b) Rulemaking.--After completion of the pilot program, the 
Secretary shall initiate, if appropriate, a rulemaking to revise the 
information system under section 31309 of title 49, United States Code, 
to take into account the results of the pilot program.''

                  Section Referred to in Other Sections

    This section is referred to in sections 30304, 31106, 31107, 31311 
of this title.
