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49 U.S.C. § 31132 — Definitions
Federal law — U.S. Code and appendices · legal_authorities
In this subchapter—
(1) “commercial motor vehicle” means a self-propelled or towed vehicle used on the highways in interstate commerce to transport passengers or property, if the vehicle—
(A) has a gross vehicle weight rating or gross vehicle weight of at least 10,001 pounds, whichever is greater;
(B) is designed or used to transport more than 8 passengers (including the driver) for compensation;
(C) is designed or used to transport more than 15 passengers, including the driver, and is not used to transport passengers for compensation; or
(D) is used in transporting material found by the Secretary of Transportation 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) and transported in a quantity requiring placarding under regulations prescribed by the Secretary under section 5103.
(2) “employee” means an operator of a commercial motor vehicle (including an independent contractor when operating a commercial motor vehicle), a mechanic, a freight handler, or an individual not an employer, who—
(A) directly affects commercial motor vehicle safety in the course of employment; and
(B) is not an employee of the United States Government, a State, or a political subdivision of a State acting in the course of the employment by the Government, a State, or a political subdivision of a State.
(3) “employer”—
(A) means a person engaged in a business affecting interstate commerce that owns or leases a commercial motor vehicle in connection with that business, or assigns an employee to operate it; but
(B) does not include the Government, a State, or a political subdivision of a State.
(4) “interstate commerce” means trade, traffic, or transportation in the U
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Source location: Title 49, Chapter 311, § 31132; chapter-311-commercial-motor-vehicle-safety.md
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In this subchapter—
(1) “commercial motor vehicle” means a self-propelled or towed vehicle used on the highways in interstate commerce to transport passengers or property, if the vehicle—
(A) has a gross vehicle weight rating or gross vehicle weight of at least 10,001 pounds, whichever is greater;
(B) is designed or used to transport more than 8 passengers (including the driver) for compensation;
(C) is designed or used to transport more than 15 passengers, including the driver, and is not used to transport passengers for compensation; or
(D) is used in transporting material found by the Secretary of Transportation 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) and transported in a quantity requiring placarding under regulations prescribed by the Secretary under section 5103.
(2) “employee” means an operator of a commercial motor vehicle (including an independent contractor when operating a commercial motor vehicle), a mechanic, a freight handler, or an individual not an employer, who—
(A) directly affects commercial motor vehicle safety in the course of employment; and
(B) is not an employee of the United States Government, a State, or a political subdivision of a State acting in the course of the employment by the Government, a State, or a political subdivision of a State.
(3) “employer”—
(A) means a person engaged in a business affecting interstate commerce that owns or leases a commercial motor vehicle in connection with that business, or assigns an employee to operate it; but
(B) does not include the Government, a State, or a political subdivision of a State.
(4) “interstate commerce” means trade, traffic, or transportation in the United States between a place in a State and—
(A) a place outside that State (including a place outside the United States); or
(B) another place in the same State through another State or through a place outside the United States.
(5) “intrastate commerce” means trade, traffic, or transportation in a State that is not interstate commerce.
(6) “medical examiner” means an individual licensed, certified, or registered in accordance with regulations issued by the Federal Motor Carrier Safety Administration as a medical examiner.
(7) “regulation” includes a standard or order.
(8) “State” means a State of the United States, the District of Columbia, and, in sections 31136 and 31140–31142 11 See References in Text note below. of this title, a political subdivision of a State.
(9) “State law” includes a law enacted by a political subdivision of a State.
(10) “State regulation” includes a regulation prescribed by a political subdivision of a State.
(11) “United States” means the States of the United States and the District of Columbia.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Designating Material as Hazardous.—** The Secretary shall designate material (including an explosive, radioactive material, infectious substance, flammable or combustible liquid, solid, or gas, toxic, oxidizing, or corrosive material, and compressed gas) or a group or class of material as hazardous when the Secretary determines that transporting the material in commerce in a particular amount and form may pose an unreasonable risk to health and safety or property.
**(b) Regulations for Safe Transportation.—**
(1) The Secretary shall prescribe regulations for the safe transportation, including security, of hazardous material in intrastate, interstate, and foreign commerce. The regulations—
(A) apply to a person who—
(i) transports hazardous material in commerce;
(ii) causes hazardous material to be transported in commerce;
(iii) designs, manufactures, fabricates, inspects, marks, maintains, reconditions, repairs, or tests a package, container, or packaging component that is represented, marked, certified, or sold as qualified for use in transporting hazardous material in commerce;
(iv) prepares or accepts hazardous material for transportation in commerce;
(v) is responsible for the safety of transporting hazardous material in commerce;
(vi) certifies compliance with any requirement under this chapter; or
(vii) misrepresents whether such person is engaged in any activity under clause (i) through (vi); and
(B) shall govern safety aspects, including security, of the transportation of hazardous material the Secretary considers appropriate.
(2) A proceeding to prescribe the regulations must be conducted under [section 553 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553&num=0&edition=p
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 5103
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1008, related to submission of State laws and regulations for review by Secretary of Transportation and Commercial Motor Vehicle Safety Regulatory Review Panel.
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 31140
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment.—** The Surface Transportation Board is an independent establishment of the United States Government.
**(b) Membership.—**
(1) The Board shall consist of 5 members, to be appointed by the President, by and with the advice and consent of the Senate. Not more than 3 members may be appointed from the same political party.
(2) At all times—
(A) at least 3 members of the Board shall be individuals with professional standing and demonstrated knowledge in the fields of transportation, transportation regulation, or economic regulation; and
(B) at least 2 members shall be individuals with professional or business experience (including agriculture) in the private sector.
(3) The term of each member of the Board shall be 5 years and shall begin when the term of the predecessor of that member ends. An individual appointed to fill a vacancy occurring before the expiration of the term for which the predecessor of that individual was appointed, shall be appointed for the remainder of that term. When the term of office of a member ends, the member may continue to serve until a successor is appointed and qualified, but for a period not to exceed one year. The President may remove a member for inefficiency, neglect of duty, or malfeasance in office.
(4) No individual may serve as a member of the Board for more than 2 terms. In the case of an individual appointed to fill a vacancy occurring before the expiration of the term for which the predecessor of that individual was appointed, such individual may not be appointed for more than one additional term.
(5) A member of the Board may not have a pecuniary interest in, hold an official relation to, or own stock in or bonds of, a carrier providing transportation by any mode and may not engage in another busines
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 1301
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Federal law — U.S. Code and appendices · legal_authorities
Authorized employees of the Federal Motor Carrier Safety Administration may direct a driver of a commercial motor vehicle (as defined in [section 31132 of title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section31132&num=0&edition=prelim)) to stop for inspection of the vehicle, driver, cargo, and required records at or in the vicinity of an inspection site.
Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 3064
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** A driver of a commercial motor vehicle (as defined in [section 31132 of title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section31132&num=0&edition=prelim)) shall stop and submit to inspection of the vehicle, driver, cargo, and required records when directed to do so by an authorized employee of the Federal Motor Carrier Safety Administration of the Department of Transportation, at or in the vicinity of an inspection site. The driver shall not leave the inspection site until authorized to do so by an authorized employee.
**(b)** A driver of a commercial motor vehicle, as defined in subsection (a), who knowingly fails to stop for inspection when directed to do so by an authorized employee of the Administration at or in the vicinity of an inspection site, or leaves the inspection site without authorization, shall be fined under this title or imprisoned not more than 1 year, or both.
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Federal law — U.S. Code and appendices · legal_authorities
In this part:
(1) **Border commercial zone** — The term “border commercial zone” means—
(A) the area of United States territory of the municipalities along the United States-Mexico international border and the commercial zones of such municipalities as described in subpart B of part 372 of title 49, Code of Federal Regulations; and
(B) any additional border crossing and associated commercial zones listed in the Federal Motor Carrier Safety Administration OP–2 application instructions or successor documents.
(2) **Cargo originating in Mexico** — The term “cargo originating in Mexico” means any cargo that enters the United States by commercial motor vehicle from Mexico, including cargo that may have originated in a country other than Mexico.
(3) **Change in circumstances** — The term “change in circumstance” may include a substantial increase in services supplied by the grantee of a grant of authority.
(4) **Commercial motor vehicle** — The term “commercial motor vehicle” means a commercial motor vehicle, as such term is defined in paragraph (1) of [section 31132 of title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section31132&num=0&edition=prelim), that meets the requirements of subparagraph (A) of such paragraph.
(5) **Cross-border long-haul trucking services** — The term “cross-border long-haul trucking services” means—
(A) the transportation by commercial motor vehicle of cargo originating in Mexico to a point in the United States outside of a border commercial zone; or
(B) the transportation by commercial motor vehicle of cargo originating in the United States from a point in the United States outside of a border commercial zone to a point in a border commercial zone or a point in Mexico.
(6) **Driver** — The term “driv
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) A person required under [section 504 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section504&num=0&edition=prelim) to make, prepare, preserve, or submit to the Secretary of Transportation a record about rail carrier transportation, that does not make, prepare, preserve, or submit that record as required under that section, is liable to the United States Government for a civil penalty of $500 for each violation.
(2) A rail carrier, and a lessor, receiver, or trustee of that carrier, violating [section 504(c)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section504/c/1&num=0&edition=prelim), is liable to the Government for a civil penalty of $100 for each violation.
(3) A rail carrier, a lessor, receiver, or trustee of that carrier, a person furnishing cars or protective service against heat or cold, and an officer, agent, or employee of one of them, required to make a report to the Secretary or answer a question, that does not make a report to the Secretary or does not specifically, completely, and truthfully answer the question, is liable to the Government for a civil penalty of $100 for each violation.
(4) A separate violation occurs for each day a violation under this subsection continues.
(5) Trial in a civil action under this subsection is in the judicial district in which the rail carrier has its principal operating office or in a district through which the railroad of the rail carrier runs.
**(b) Violations Relating to Commercial Motor Vehicle Safety Regulation and Operators.—**
(1) **Notice.—**
(A) *In general.—* — If the Secretary finds that a violation of a provision of subchapter III of chapter 311 (except sections 31138 and 31139) or section 31302, 31303, 313
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 521
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Federal law — U.S. Code and appendices · legal_authorities
Page 858
TITLE 49—TRANSPORTATION
§ 31132
1 See References in Text note below.
Statutory Notes and Related Subsidiaries
EXEMPTIONS FROM REQUIREMENTS OF THIS SUBCHAPTER
FOR CERTAIN FARM VEHICLES
For provisions relating to exemptions from certain
requirements of this subchapter with respect to certain
farm vehicles and individuals operating those vehicles,
see section 32934 of Pub. L. 112–141, set out as a note
under section 31136 of this title.
TRAFFIC LAW INITIATIVE
Pub. L. 106–159, title II, § 220, Dec. 9, 1999, 113 Stat.
1769, provided that:
‘‘(a) IN GENERAL.—In cooperation with one or more
States, the Secretary may carry out a program to de-
velop innovative methods of improving motor carrier
compliance with traffic laws. Such methods may in-
clude the use of photography and other imaging tech-
nologies.
‘‘(b) REPORT.—The Secretary shall transmit to Con-
gress a report on the results of any program conducted
under this section, together with any recommendations
as the Secretary determines appropriate.’’
§ 31132. Definitions
In this subchapter—
(1) ‘‘commercial motor vehicle’’ means a
self-propelled or towed vehicle used on the
highways in interstate commerce to transport
passengers or property, if the vehicle—
(A) has a gross vehicle weight rating or
gross vehicle weight of at least 10,001
pounds, whichever is greater;
(B) is designed or used to transport more
than 8 passengers (including the driver) for
compensation;
(C) is designed or used to transport more
than 15 passengers, including the driver, and
is not used to transport passengers for com-
pensation; or
(D) is used in transporting material found
by the Secretary of Transportation to be
hazardous under section 5103 of this title and
transported
in
a
quantity
requiring
plac
Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 31132
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