Browse Arkansas Code titles and sections

49 U.S.C. § 31310 — Disqualifications

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

49 U.S.C. § 31310 — Disqualifications

Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 31310

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: 267e796c4c7f987bdeebb7b2478c2f2e9fa036a0970d746edddfde3fe74e9244. 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_71ab600320047a272c477a3b
Source file: Laws/federal/codes/united-states-code/title-49/section-31310-disqualifications--bae46ad600.md
Pages: Not recorded – Not recorded
Passage SHA-256: da3797e0c0e6cca71edc4c0e6b5050e5ae2736fce527a47f6754df88282977be

Source location: Title 49, Chapter 313, § 31310; chapter-313-commercial-motor-vehicle-operators.md

Stored source content

**(a) Blood Alcohol Concentration Level.—** In this section, the blood alcohol concentration level at or above which an individual when operating a commercial motor vehicle is deemed to be driving under the influence of alcohol is .04 percent. **(b) First Violation or Committing Felony.—** (1) Except as provided in paragraph (2) of this subsection and subsection (c) of this section, the Secretary of Transportation shall disqualify from operating a commercial motor vehicle for at least one year an individual— (A) committing a first violation of driving a commercial motor vehicle under the influence of alcohol or a controlled substance; (B) committing a first violation of leaving the scene of an accident involving a commercial motor vehicle operated by the individual; (C) using a commercial motor vehicle in committing a felony (except a felony described in subsection (d) of this section); (D) committing a first violation of driving a commercial motor vehicle when the individual’s commercial driver’s license is revoked, suspended, or canceled based on the individual’s operation of a commercial motor vehicle or when the individual is disqualified from operating a commercial motor vehicle based on the individual’s operation of a commercial motor vehicle; or (E) convicted of causing a fatality through negligent or criminal operation of a commercial motor vehicle. (2) If the vehicle involved in a violation referred to in paragraph (1) of this subsection is transporting hazardous material required to be placarded under [section 5103 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section5103&num=0&edition=prelim), the Secretary shall disqualify the individual for at least 3 years. **(c) Second and Multiple Violations.—** (1) Subject to paragraph (2) of this subsection, the Secretary shall disqualify from operating a commercial motor vehicle for life an individual— (A) committing more than one violation of driving a commercial motor vehicle under the influence of alcohol or a controlled substance; (B) committing more than one violation of leaving the scene of an accident involving a commercial motor vehicle operated by the individual; (C) using a commercial motor vehicle in committing more than one felony arising out of different criminal episodes; (D) committing more than one violation of driving a commercial motor vehicle when the individual’s commercial driver’s license is revoked, suspended, or canceled based on the individual’s operation of a commercial motor vehicle or when the individual is disqualified from operating a commercial motor vehicle based on the individual’s operation of a commercial motor vehicle; (E) convicted of more than one offense of causing a fatality through negligent or criminal operation of a commercial motor vehicle; or (F) committing any combination of single violations or use described in subparagraphs (A) through (E). (2) The Secretary may prescribe regulations establishing guidelines (including conditions) under which a disqualification for life under paragraph (1) of this subsection may be reduced to a period of not less than 10 years. **(d) Lifetime Disqualification Without Reinstatement.—** (1) **Controlled substance violations.—** — The Secretary shall disqualify from operating a commercial motor vehicle for life an individual who uses a commercial motor vehicle in committing a felony involving manufacturing, distributing, or dispensing a controlled substance, or possession with intent to manufacture, distribute, or dispense a controlled substance. (2) **Human trafficking violations.—** — The Secretary shall disqualify from operating a commercial motor vehicle for life an individual who uses a commercial motor vehicle in committing a felony involving an act or practice described in paragraph (9) 11 See References in Text note below. of section 103 of the Trafficking Victims Protection Act of 2000 ([22 U.S.C. 7102(9)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section7102/9&num=0&edition=prelim)). **(e) Serious Traffic Violations.—** (1) The Secretary shall disqualify from operating a commercial motor vehicle for at least 60 days an individual who, in a 3-year period, commits 2 serious traffic violations involving a commercial motor vehicle operated by the individual. (2) The Secretary shall disqualify from operating a commercial motor vehicle for at least 120 days an individual who, in a 3-year period, commits 3 serious traffic violations involving a commercial motor vehicle operated by the individual. **(f) Emergency Disqualification.—** (1) **Limited duration.—** — The Secretary shall disqualify an individual from operating a commercial motor vehicle for not to exceed 30 days if the Secretary determines that allowing the individual to continue to operate a commercial motor vehicle would create an imminent hazard (as such term is defined in section 521 or section 5102). (2) **After notice and hearing.—** — The Secretary shall disqualify an individual from operating a commercial motor vehicle for more than 30 days if the Secretary determines, after notice and an opportunity for a hearing, that allowing the individual to continue to operate a commercial motor vehicle would create an imminent hazard (as such term is defined in section 521 or section 5102). **(g) Noncommercial Motor Vehicle Convictions.—** (1) **Issuance of regulations.—** — The Secretary shall issue regulations providing for the disqualification by the Secretary from operating a commercial motor vehicle of an individual who holds a commercial driver’s license and who has been convicted of— (A) a serious offense involving a motor vehicle (other than a commercial motor vehicle) that has resulted in the revocation, cancellation, or suspension of the individual’s license; or (B) a drug or alcohol related offense involving a motor vehicle (other than a commercial motor vehicle). (2) **Requirements for regulations.—** — Regulations issued under paragraph (1) shall establish the minimum periods for which the disqualifications shall be in effect, but in no case shall the time periods for disqualification for noncommercial motor vehicle violations be more stringent than those for offenses or violations involving a commercial motor vehicle. The Secretary shall determine such periods based on the seriousness of the offenses on which the convictions are based. **(h) State Disqualification.—** Notwithstanding subsections (b) through (g) of this section, the Secretary does not have to disqualify an individual from operating a commercial motor vehicle if the State that issued the individual a license authorizing the operation has disqualified the individual from operating a commercial motor vehicle under subsections (b) through (g). Revocation, suspension, or cancellation of the license is deemed to be disqualification under this subsection. **(i) Out-of-Service Orders.—** (1) (A) To enforce section 392.5 of title 49, Code of Federal Regulations, the Secretary shall prescribe regulations establishing and enforcing an out-of-service period of 24 hours for an individual who violates section 392.5. An individual may not violate an out-of-service order issued under those regulations. (B) The Secretary shall prescribe regulations establishing and enforcing requirements for reporting out-of-service orders issued under regulations prescribed under subparagraph (A) of this paragraph. Regulations prescribed under this subparagraph shall require at least that an operator of a commercial motor vehicle who is issued an out-of-service order to report the issuance to the individual’s employer and to the State that issued the operator a driver’s license. (2) The Secretary shall prescribe regulations establishing sanctions and penalties related to violations of out-of-service orders by individuals operating commercial motor vehicles. The regulations shall require at least that— (A) an operator of a commercial motor vehicle found to have committed a first violation of an out-of-service order shall be disqualified from operating such a vehicle for at least 180 days and liable for a civil penalty of at least $2,500; (B) an operator of a commercial motor vehicle found to have committed a 2d violation of an out-of-service order shall be disqualified from operating such a vehicle for at least 2 years and not more than 5 years and liable for a civil penalty of at least $5,000; (C) an employer that knowingly allows or requires an employee to operate a commercial motor vehicle in violation of an out-of-service order shall be liable for a civil penalty of not more than $25,000; and (D) an employer that knowingly and willfully allows or requires an employee to operate a commercial motor vehicle in violation of an out-of-service order shall, upon conviction, be subject for each offense to imprisonment for a term not to exceed one year or a fine under title 18, or both. **(j) Grade-Crossing Violations.—** (1) **Sanctions.—** — The Secretary shall issue regulations establishing sanctions and penalties relating to violations, by persons operating commercial motor vehicles, of laws and regulations pertaining to railroad-highway grade crossings. (2) **Minimum requirements.—** — The regulations issued under paragraph (1) shall, at a minimum, require that— (A) the penalty for a single violation is not less than a 60-day disqualification of the driver’s commercial driver’s license; and (B) any employer that knowingly allows, permits, authorizes, or requires an employee to operate a commercial motor vehicle in violation of such a law or regulation shall be subject to a civil penalty of not more than $10,000. **(k) Foreign Commercial Drivers.—** A foreign commercial driver shall be subject to disqualification under this section.

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

49 U.S.C. § 5103 — General regulatory authority

**(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

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. § 1301 — Establishment of Board

**(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

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

22 U.S.C. § 7102 — Definitions

In this chapter: (1) **Abuse or threatened abuse of law or legal process** — The term “abuse or threatened abuse of the legal process” means the use or threatened use of a law or legal process, whether administrative, civil, or criminal, in any manner or for any purpose for which the law was not designed, in order to exert pressure on another person to cause that person to take some action or refrain from taking some action. (2) **Appropriate congressional committees** — The term “appropriate congressional committees” means the Committee on Foreign Relations and the Committee on the Judiciary of the Senate and the Committee on Foreign Affairs and the Committee on the Judiciary of the House of Representatives. (3) **Coercion** — The term “coercion” means— (A) threats of serious harm to or physical restraint against any person; (B) any scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or physical restraint against any person; or (C) the abuse or threatened abuse of the legal process. (4) **Commercial sex act** — The term “commercial sex act” means any sex act on account of which anything of value is given to or received by any person. (5) **Concrete actions** — The term “concrete actions” means actions that demonstrate increased efforts by the government of a country to meet the minimum standards for the elimination of trafficking, including any of the following: (A) Enforcement actions taken. (B) Investigations actively underway. (C) Prosecutions conducted. (D) Convictions attained. (E) Training provided. (F) Programs and partnerships actively underway. (G) Efforts to prevent severe forms of trafficking, including programs to reduce the vulnerability of particul

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 7102

Stored review status: release_metadata_unconfirmed. The source passage cites 22 U.S.C. § 7102. This identifies an authority to review, not proof of applicability.

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

22 U.S.C. § 7102 — Definitions

Page 1891 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 7102 ‘‘(2) Since the enactment of the Trafficking Victims Protection Act of 2000 (division A of Public Law 106–386) [see Short Title note above], the United States Government has made significant progress in investigating and prosecuting acts of trafficking and in responding to the needs of victims of trafficking in the United States and abroad. ‘‘(3) On the other hand, victims of trafficking have faced unintended obstacles in the process of securing needed assistance, including admission to the United States under section 101(a)(15)(T)(i) of the Immigra- tion and Nationality Act [8 U.S.C. 1101(a)(15)(T)(i)]. ‘‘(4) Additional research is needed to fully under- stand the phenomenon of trafficking in persons and to determine the most effective strategies for com- bating trafficking in persons. ‘‘(5) Corruption among foreign law enforcement au- thorities continues to undermine the efforts by gov- ernments to investigate, prosecute, and convict traf- fickers. ‘‘(6) International Law Enforcement Academies should be more fully utilized in the effort to train law enforcement authorities, prosecutors, and members of the judiciary to address trafficking in persons-re- lated crimes.’’ § 7102. Definitions In this chapter: (1) Abuse or threatened abuse of law or legal process The term ‘‘abuse or threatened abuse of the legal process’’ means the use or threatened use of a law or legal process, whether administra- tive, civil, or criminal, in any manner or for any purpose for which the law was not de- signed, in order to exert pressure on another person to cause that person to take some ac- tion or refrain from taking some action. (2) Appropriate congressional committees The term ‘‘appropriate congressi

Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 7102

Stored review status: historical_2024_not_currentness_verified. The source passage cites 22 U.S.C. § 7102. This identifies an authority to review, not proof of applicability.

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

49 U.S.C. § 31310 — Disqualifications

Page 906 TITLE 49—TRANSPORTATION § 31310 Subsec. (d). Pub. L. 105–178, § 4011(d)(8), redesignated subsec. (f) as (d). Former subsec. (d) redesignated (b). Subsec. (d)(2). Pub. L. 105–178, § 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 vehi- cles.’’ Subsec. (e). Pub. L. 105–178, § 4011(d)(8), redesignated subsec. (e) as (c). Pub. L. 105–178, § 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 oper- ator of the information system, as the case may be, may make available to the State information in the in- formation 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 em- ployer of an employee and after notification to the em- ployee, the Secretary or the operator of the informa- tion 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 li- censing of operators of commercial motor vehicles (in- cluding information required by subsection (d)(1) of this section).’’ Subsec. (f). Pub. L. 105–178, § 4011(d)(8), redesignated subsec. (f) as (d). Pu

Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 31310

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