Browse Arkansas Code titles and sections

49 U.S.C. § 31305 — General driver fitness, testing, and training

Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 31305 — General driver fitness, testing, and training

Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 31305

Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.

Original supplied file — preserved unchanged

Download original Markdown file

File SHA-256: b3b99f1f2c7d1d0f6c6c617468a1311b0bf59d94a8dd5ee2fab80c14a900a259. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.

Authority boundary: historical or unconfirmed source not current law verified.

Open the recorded source website ↗

Record provenance

Stable record: federal_law:legal_authorities:record_usc_50f73c8186f3ac4fecbefe13
Source file: Laws/federal/codes/united-states-code/title-49/section-31305-general-driver-fitness-testing-and-training--fc32350546.md
Pages: Not recorded – Not recorded
Passage SHA-256: f46f8051de4d700a82dbac5630e5f54824f7c8c7de1bdaf72233994782eac7e1

Source location: Title 49, Chapter 313, § 31305; chapter-313-commercial-motor-vehicle-operators.md

Stored source content

**(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; (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; and (C) is licensed by a State to operate the vehicle after having first been determined under [section 5103a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section5103a&num=0&edition=prelim) as not posing a security risk warranting denial of the license. (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. **(c) Standards for Training.—** Not later than 1 year after the date of enactment of the Commercial Motor Vehicle Safety Enhancement Act of 2012, the Secretary shall issue final regulations establishing minimum entry-level training requirements for an individual operating a commercial motor vehicle— (1) addressing the knowledge and skills that— (A) are necessary for an individual operating a commercial motor vehicle to safely operate a commercial motor vehicle; and (B) must be acquired before obtaining a commercial driver’s license for the first time or upgrading from one class of commercial driver’s license to another class; (2) addressing the specific training needs of a commercial motor vehicle operator seeking passenger or hazardous materials endorsements; (3) requiring effective instruction to acquire the knowledge, skills, and training referred to in paragraphs (1) and (2), including classroom and behind-the-wheel instruction; (4) requiring certification that an individual operating a commercial motor vehicle meets the requirements established by the Secretary; and (5) requiring a training provider (including a public or private driving school, motor carrier, or owner or operator of a commercial motor vehicle) that offers training that results in the issuance of a certification to an individual under paragraph (4) to demonstrate that the training meets the requirements of the regulations, through a process established by the Secretary. **(d) Standards for Training and Testing of Operators Who Are Members of the Armed Forces, Reservists, or Veterans.—** (1) **In general.—** — Not later than December 31, 2016, the Secretary shall modify the regulations prescribed under subsections (a) and (c) to— (A) exempt a covered individual from all or a portion of a driving test if the covered individual had experience in the armed forces or reserve components driving vehicles similar to a commercial motor vehicle; (B) ensure that a covered individual may apply for an exemption under subparagraph (A)— (i) while serving in the armed forces or reserve components; and (ii) during the 1-year period beginning on the date on which such individual separates from service in the armed forces or reserve components; and (C) credit the training and knowledge a covered individual received in the armed forces or reserve components driving vehicles similar to a commercial motor vehicle for purposes of satisfying minimum standards for training and knowledge. (2) **Definitions.—** — In this subsection, the following definitions apply: (A) *Armed forces.—* — The term “armed forces” has the meaning given that term in [section 101(a) of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section101/a&num=0&edition=prelim). (B) *Covered individual.—* — The term “covered individual” means an individual over the age of 21 years who is— (i) a current or former member of the armed forces; or (ii) a current or former member of one of the reserve components. (C) *Reserve components.—* — The term “reserve components” means— (i) the Army National Guard of the United States; (ii) the Army Reserve; (iii) the Navy Reserve; (iv) the Marine Corps Reserve; (v) the Air National Guard of the United States; (vi) the Air Force Reserve; and (vii) the Coast Guard Reserve.

Cross-references

Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.

Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5313 — Positions at level II

Level II of the Executive Schedule applies to the following positions, for which the annual rate of basic pay shall be the rate determined with respect to such level under chapter 11 of title 2, as adjusted by [section 5318 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5318&num=0&edition=prelim):

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5313

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 5103a — Limitation on issuance of hazmat licenses

**(a) Limitation.—** (1) **Issuance of licenses.—** — A State may not issue to any individual a license to operate a motor vehicle transporting in commerce a hazardous material unless— (A) “the Secretary of Homeland Security”; 11 So in original. The quotation marks and semicolon probably should not appear. has first determined, upon receipt of a notification under subsection (d)(1)(B), that the individual does not pose a security risk warranting denial of the license; or (B) the individual holds a valid transportation security card issued under [section 70105 of title 46](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section70105&num=0&edition=prelim). (2) **Renewals included.—** — For the purposes of this section, the term “issue”, with respect to a license, includes renewal of the license. **(b) Hazardous Materials Described.—** The limitation in subsection (a) shall apply with respect to any material defined as hazardous material by the Secretary of Transportation for which the Secretary of Transportation requires placarding of a commercial motor vehicle transporting that material in commerce. **(c) Recommendations on Chemical and Biological Materials.—** The Secretary of Health and Human Services shall recommend to the Secretary of Transportation any chemical or biological material or agent for regulation as a hazardous material under section 5103(a) if the Secretary of Health and Human Services determines that such material or agent poses a significant risk to the health of individuals. **(d) Background Records Check.—** (1) **In general.—** — Upon the request of a State regarding issuance of a license under subsection (a)(1)(A) to an individual, the Attorney General— (A) shall carry out a background records check regarding the

Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 5103a

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

23 U.S.C. § 101 — Definitions and declaration of policy

**(a) Definitions.—** In this title, the following definitions apply: (1) **Apportionment.—** — The term “apportionment” includes unexpended apportionments made under prior authorization laws. (2) **Asset management.—** — The term “asset management” means a strategic and systematic process of operating, maintaining, and improving physical assets, with a focus on both engineering and economic analysis based upon quality information, to identify a structured sequence of maintenance, preservation, repair, rehabilitation, and replacement actions that will achieve and sustain a desired state of good repair over the lifecycle of the assets at minimum practicable cost. (3) **Carpool project.—** — The term “carpool project” means any project to encourage the use of carpools and vanpools, including provision of carpooling opportunities to the elderly and individuals with disabilities, systems for locating potential riders and informing them of carpool opportunities, acquiring vehicles for carpool use, designating existing highway lanes as preferential carpool highway lanes, providing related traffic control devices, designating existing facilities for use for preferential parking for carpools, and real-time ridesharing projects, such as projects where drivers, using an electronic transfer of funds, recover costs directly associated with the trip provided through the use of location technology to quantify those direct costs, subject to the condition that the cost recovered does not exceed the cost of the trip provided. (4) **Construction.—** — The term “construction” means the supervising, inspecting, actual building, and incurrence of all costs incidental to the construction or reconstruction of a highway or any project eligible for assistance under this title, including bon

Source: Supplied U.S. Code snapshot — release unconfirmed · 23 U.S.C. § 101

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 30101 — Purpose and policy

The purpose of this chapter is to reduce traffic accidents and deaths and injuries resulting from traffic accidents. Therefore it is necessary— (1) to prescribe motor vehicle safety standards for motor vehicles and motor vehicle equipment in interstate commerce; and (2) to carry out needed safety research and development.

Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 30101

Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 31301 — Definitions

In this chapter— (1) “alcohol” has the same meaning given the term “alcoholic beverage” in [section 158(c) of title 23](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title23-section158/c&num=0&edition=prelim). (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section5103&num=0&edition=prelim), 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 ([

Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 31301

Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 31305 — General driver fitness, testing, and train-

Page 892 TITLE 49—TRANSPORTATION § 31304 § 31304. Employer responsibilities (a) IN GENERAL.—An employer may not allow an employee to operate a commercial motor ve- hicle in the United States during a period that the employer knows or should reasonably know that the employee— (1) has a driver’s license revoked, suspended, or canceled by a State, has lost the right to operate a commercial motor vehicle in a State, or has been disqualified from operating a commercial motor vehicle; or (2) has more than one driver’s license (except as allowed under section 31302 of this title). (b) DRIVER VIOLATION RECORDS.— (1) PERIODIC REVIEW.—Except as provided in paragraph (3), an employer shall ascertain the driving record of each driver it employs— (A) by making an inquiry at least once every 12 months to the appropriate State agency in which the driver held or holds a commercial driver’s license or permit during such time period; (B) by receiving occurrence-based reports of changes in the status of a driver’s record from 1 or more driver record notification systems that meet minimum standards issued by the Secretary; or (C) by a combination of inquiries to States and reports from driver record notification systems. (2) RECORD KEEPING.—A copy of the reports received under paragraph (1) shall be main- tained in the driver’s qualification file. (3) EXCEPTIONS TO RECORD REVIEW REQUIRE- MENT.—Paragraph (1) shall not apply to a driv- er employed by an employer who, in any 7-day period, is employed or used as a driver by more than 1 employer— (A) if the employer obtains the driver’s identification number, type, and issuing State of the driver’s commercial motor vehi- cle license; or (B) if the information described in sub- paragraph (A) is furnished by another

Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 31305

Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.