
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: 49USC31502]

 
                        TITLE 49--TRANSPORTATION
 
             SUBTITLE VI--MOTOR VEHICLE AND DRIVER PROGRAMS
 
                           PART B--COMMERCIAL
 
                    CHAPTER 315--MOTOR CARRIER SAFETY
 
Sec. 31502. Requirements for qualifications, hours of service, 
        safety, and equipment standards
        
    (a) Application.--This section applies to transportation--
        (1) described in sections 13501 and 13502 of this title; and
        (2) to the extent the transportation is in the United States and 
    is between places in a foreign country, or between a place in a 
    foreign country and a place in another foreign country.

    (b) Motor Carrier and Private Motor Carrier Requirements.--The 
Secretary of Transportation may prescribe requirements for--
        (1) qualifications and maximum hours of service of employees of, 
    and safety of operation and equipment of, a motor carrier; and
        (2) qualifications and maximum hours of service of employees of, 
    and standards of equipment of, a motor private carrier, when needed 
    to promote safety of operation.

    (c) Migrant Worker Motor Carrier Requirements.--The Secretary may 
prescribe requirements for the comfort of passengers, qualifications and 
maximum hours of service of operators, and safety of operation and 
equipment of a motor carrier of migrant workers. The requirements only 
apply to a carrier transporting a migrant worker--
        (1) at least 75 miles; and
        (2) across the boundary of a State, territory, or possession of 
    the United States.

    (d) Considerations.--Before prescribing or revising any requirement 
under this section, the Secretary shall consider the costs and benefits 
of the requirement.
    (e) Exception.--
        (1) In general.--Notwithstanding any other provision of law, 
    regulations issued under this section or section 31136 regarding--
            (A) maximum driving and on-duty times applicable to 
        operators of commercial motor vehicles,
            (B) physical testing, reporting, or recordkeeping, and
            (C) the installation of automatic recording devices 
        associated with establishing the maximum driving and on-duty 
        times referred to in subparagraph (A),

    shall not apply to any driver of a utility service vehicle during an 
    emergency period of not more than 30 days declared by an elected 
    State or local government official under paragraph (2) in the area 
    covered by the declaration.
        (2) Declaration of emergency.--An elected State or local 
    government official or elected officials of more than one State or 
    local government jointly may issue an emergency declaration for 
    purposes of paragraph (1) after notice to the Regional Director of 
    the Federal Highway Administration with jurisdiction over the area 
    covered by the declaration.
        (3) Incident report.--Within 30 days after the end of the 
    declared emergency period the official who issued the emergency 
    declaration shall file with the Regional Director a report of each 
    safety-related incident or accident that occurred during the 
    emergency period involving--
            (A) a utility service vehicle driver to which the 
        declaration applied; or
            (B) a utility service vehicle of the driver to which the 
        declaration applied.

        (4) Definitions.--In this subsection, the following definitions 
    apply:
            (A) Driver of a utility service vehicle.--The term ``driver 
        of a utility service vehicle'' means any driver who is 
        considered to be a driver of a utility service vehicle for 
        purposes of section 345(a)(4) of the National Highway System 
        Designation Act of 1995 (49 U.S.C. 31136 note; 109 Stat. 613).
            (B) Utility service vehicle.--The term ``utility service 
        vehicle'' has the meaning that term has under section 345(e)(6) 
        of the National Highway System Designation Act of 1995 (49 
        U.S.C. 31136 note; 109 Stat 614-615).

(Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2438, Sec. 3102; Pub. L. 98-
554, title II, Sec. 206(h), Oct. 30, 1984, 98 Stat. 2835; renumbered 
Sec. 31502 and amended Pub. L. 103-272, Sec. 1(c), (e), July 5, 1994, 
108 Stat. 745, 1029; Pub. L. 104-88, title III, Sec. 308(k)(3), Dec. 29, 
1995, 109 Stat. 948; Pub. L. 105-178, title IV, Sec. 4012(a), June 9, 
1998, 112 Stat. 408.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
3102(a)...............................  (no source).
3102(b)(1)............................  49:304(a)(1)-(2) (related to     Feb. 4
, 1887, ch. 104, 24 Stat. 379,
                                         qualifications, hours of         Sec. 
 204(a)(1)-(2) (related to
                                         service, and safety).            quali
fications, hours of service, and
                                                                          safet
y), (3) (1st sentence); added
                                                                          Aug. 
9, 1935, ch. 498, 49 Stat. 546.
3102(b)(2)............................  49:304(a)(3) (1st sentence).
                                        49:1655(e)(6)(C).                Oct. 1
5, 1966, Pub. L. 89-670, Sec.
                                                                          6(e)(
6)(C), 80 Stat. 939.
3102(c)...............................  49:304(a)(3a) (1st sentence).    Feb. 4
, 1887, ch. 104, 24 Stat. 379,
                                                                          Sec. 
 204(a)(3a) (1st sentence); added
                                                                          Aug. 
3, 1956, ch. 905, Sec.  2, 70
                                                                          Stat.
 958.
                                        49:1655(e)(6)(C).
-------------------------------------------------------------------------------
---------------------------------

    Throughout the chapter, the words ``Secretary of Transportation'' 
are substituted for ``Interstate Commerce Commission'' because 
49:1655(e)(6)(B)-(D) transferred the authority of the Interstate 
Commerce Commission under the provisions restated in this chapter to the 
Secretary of Transportation.
    Subsection (a) is included to maintain the jurisdictional scope of 
the source provisions from which subsections (b) and (c) of the revised 
section are taken. Subsections (b) and (c) are based on 49:304 which, as 
part of 49:ch. 8, is now restated as subchapter II of chapter 105 of the 
revised title. In addition, 49:303(a)(11) (last sentence) extended the 
jurisdictional scope of 49:304 as provided in subsection (a) of the 
revised section.
    In subsection (b), before clause (1), the words ``and to that end'' 
are omitted as surplus. The word ``prescribe'' is substituted for 
``establish'' for consistency. The word ``reasonable'' is omitted as 
surplus.
    In subsection (b)(1), the words ``as provided in this chapter'' are 
omitted as unnecessary because of the restatement. The term ``motor 
carrier'' is substituted for ``common carriers by motor vehicle'' and 
``contract carriers by motor vehicle'' because they are inclusive.
    In subsection (b)(2), the words ``when needed'' are substituted for 
``if need therefor is found'' to eliminate unnecessary words.
    In subsection (c), the word ``prescribe'' is substituted for 
``establish'' for consistency. The word ``reasonable'' is omitted as 
surplus. The words ``for a total distance of'' are omitted as 
unnecessary because of the restatement. The words ``at least'' are 
substituted for ``more than'' for consistency. The word ``line'' is 
omitted as surplus. The words ``possession of the United States'' are 
added for consistency in the revised title. The words ``a foreign 
country'' and ``the District of Columbia'' are omitted as unnecessary 
because a carrier crossing the boundary of a foreign country or the 
District of Columbia into or from the United States would necessarily 
cross the boundary of a State and be covered by the provision related to 
a State.

                       References in Text

    Subsections (a)(4) and (e)(6) of section 345 of the National Highway 
System Designation Act of 1995, referred to in subsec. (e)(4), is 
section 345 of Pub. L. 104-59, which is set out as a note under section 
31136 of this title.


                               Amendments

    1998--Subsec. (e). Pub. L. 105-178 added subsec. (e).
    1995--Subsec. (a)(1). Pub. L. 104-88 substituted ``13501 and 13502'' 
for ``10521 and 10522''.
    1994--Pub. L. 103-272 renumbered section 3102 of this title as this 
section and amended it generally, restating it without substantive 
change.
    1984--Subsec. (d). Pub. L. 98-554 added subsec. (d).


                    Effective Date of 1995 Amendment

    Amendment by Pub. L. 104-88 effective Jan. 1, 1996, see section 2 of 
Pub. L. 104-88, set out as an Effective Date note under section 701 of 
this title.


                            Savings Provision

    Pub. L. 100-690, title IX, Sec. 9102(c), Nov. 18, 1988, 102 Stat. 
4529, provided that: ``The amendment made by subsection (a) [amending 
section 2505 of former Title 49, Transportation] shall not be construed 
as having any effect on the enactment of subsection (d) of section 3102 
[now 31502] of title 49, United States Code, which subsection (d) was 
added to such section by section 206(h) of the Motor Carrier Safety Act 
of 1984 [Pub. L. 98-554] on October 30, 1984.''


      Continued Application of Safety and Maintenance Requirements

    Pub. L. 105-178, title IV, Sec. 4012(b), June 9, 1998, 112 Stat. 
409, provided that:
    ``(1) In general.--The amendment made by subsection (a) [amending 
this section] may not be construed--
        ``(A) to exempt any utility service vehicle from compliance with 
    any applicable provision of law relating to vehicle mechanical 
    safety, maintenance requirements, or inspections; or
        ``(B) to exempt any driver of a utility service vehicle from any 
    applicable provision of law (including any regulation) established 
    for the issuance, maintenance, or periodic renewal of a commercial 
    driver's license for that driver.
    ``(2) Definitions.--In this subsection, the following definitions 
apply:
        ``(A) Commercial driver's license.--The term `commercial 
    driver's license' has the meaning that term has under section 31301 
    of title 49, United States Code.
        ``(B) Driver of a utility service vehicle.--The term `driver of 
    a utility service vehicle' has the meaning that term has under 
    section 31502(e)(2) of such title [probably should be section 
    31502(e)(4)(A) of such title].
        ``(C) Regulation.--The term `regulation' has the meaning that 
    term has under section 31132 of such title.
        ``(D) Utility service vehicle.--The term `utility service 
    vehicle' has the meaning that term has under section 345(e)(6) of 
    the National Highway System Designation Act of 1995 [Pub. L. 104-59] 
    (49 U.S.C. 31136 note; 109 Stat. 614-615).''


                 Study of Adequacy of Parking Facilities

    Pub. L. 105-178, title IV, Sec. 4027, June 9, 1998, 112 Stat. 417, 
provided that:
    ``(a) Study.--The Secretary [of Transportation] shall conduct a 
study to determine the location and quantity of parking facilities at 
commercial truck stops and travel plazas and public rest areas that 
could be used by motor carriers to comply with Federal hours of service 
rules. The study shall include an inventory of current facilities 
serving the National Highway System, analyze where shortages exist or 
are projected to exist, and propose a plan to reduce the shortages. The 
study may be carried out in cooperation with research entities 
representing motor carriers, the travel plaza industry, and commercial 
motor vehicle drivers.
    ``(b) Report.--Not later than the 3 years after the date of the 
enactment of this Act [June 9, 1998], the Secretary shall transmit to 
Congress a report on the results of the study with any recommendations 
the Secretary determines appropriate as a result of the study.
    ``(c) Funding.--From amounts set aside under section 104(a) of title 
23, United States Code, for each of fiscal years 1999, 2000, and 2001, 
the Secretary may use not to exceed $500,000 per fiscal year to carry 
out this section.''


 Exemptions From Requirements Relating to Commercial Motor Vehicles and 
                             Their Operators

    For provisions relating to exemptions from regulations prescribed 
under this section as to maximum driving and on-duty time for drivers 
used by motor carriers, see section 345 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 501, 507, 521, 526, 31504 of 
this title; title 15 section 1681b.
