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49 U.S.C. § 31133 — General powers of the Secretary of Transportation

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

49 U.S.C. § 31133 — General powers of the Secretary of Transportation

**(a) General.—** In carrying out this subchapter and regulations prescribed under [section 31102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section31102&num=0&edition=prelim), the Secretary of Transportation may— (1) conduct and make contracts for inspections and investigations; (2) compile statistics; (3) make reports; (4) issue subpenas; (5) require production of records and property; (6) take depositions; (7) hold hearings; (8) prescribe recordkeeping and reporting requirements; (9) conduct or make contracts for studies, development, testing, evaluation, and training; and (10) perform other acts the Secretary considers appropriate. **(b) Consultation.—** In conducting inspections and investigations under subsection (a) of this section, the Secretary shall consult, as appropriate, with employers and employees and their authorized representatives and offer them a right of accompaniment. **(c) Delegation.—** The Secretary may delegate to a State receiving a grant under [section 31102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section31102&num=0&edition=prelim) those duties and powers related to enforcement (including conducting investigations) of this subchapter and regulations prescribed under this subchapter that the Secretary considers appropriate.

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Source location: Title 49, Chapter 311, § 31133; chapter-311-commercial-motor-vehicle-safety.md

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

49 U.S.C. § 31102 — Motor carrier safety assistance program

**(a) In General.—** The Secretary of Transportation shall administer a motor carrier safety assistance program funded under section 31104. **(b) Goal.—** The goal of the program is to ensure that the Secretary, States, local governments, other political jurisdictions, federally recognized Indian tribes, and other persons work in partnership to establish programs to improve motor carrier, commercial motor vehicle, and driver safety to support a safe and efficient surface transportation system by— (1) making targeted investments to promote safe commercial motor vehicle transportation, including the transportation of passengers and hazardous materials; (2) investing in activities likely to generate maximum reductions in the number and severity of commercial motor vehicle crashes and in fatalities resulting from such crashes; (3) adopting and enforcing effective motor carrier, commercial motor vehicle, and driver safety regulations and practices consistent with Federal requirements; and (4) assessing and improving statewide performance by setting program goals and meeting performance standards, measures, and benchmarks. **(c) State Plans.—** (1) **In general.—** — In carrying out the program, the Secretary shall prescribe procedures for a State to submit a multiple-year plan, and annual updates thereto, under which the State agrees to assume responsibility for improving motor carrier safety by adopting and enforcing State regulations, standards, and orders that are compatible with the regulations, standards, and orders of the Federal Government on commercial motor vehicle safety and hazardous materials transportation safety. (2) **Contents.—** — The Secretary shall approve a State plan if the Secretary determines that the plan is adequate to comply with the require

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

49 U.S.C. § 13902 — Registration of motor carriers

**(a) Motor Carrier Generally.—** (1) **In general.—** — Except as otherwise provided in this section, the Secretary of Transportation shall register a person to provide transportation subject to jurisdiction under subchapter I of chapter 135 as a motor carrier using self-propelled vehicles the motor carrier owns, rents, or leases only if the Secretary determines that the person— (A) is willing and able to comply with— (i) this part and the applicable regulations of the Secretary and the Board; (ii) any safety regulations imposed by the Secretary; (iii) the duties of employers and employees established by the Secretary under section 31135; (iv) the safety fitness requirements established by the Secretary under section 31144; (v) the accessibility requirements established by the Secretary under subpart H of part 37 of title 49, Code of Federal Regulations (or successor regulations), for transportation provided by an over-the-road bus; and (vi) the minimum financial responsibility requirements established by the Secretary under sections 13906, 31138, and 31139; (B) has been issued a USDOT number under section 31134; (C) has disclosed any relationship involving common ownership, common management, common control, or common familial relationship between that person and any other motor carrier, freight forwarder, or broker, or any other applicant for motor carrier, freight forwarder, or broker registration, if the relationship occurred in the 3-year period preceding the date of the filing of the application for registration; and (D) after the Secretary establishes a written proficiency examination pursuant to section 32101(b) of the Commercial Motor Vehicle Safety Enhancement Act of 2012, has passed the written proficiency examinati

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

49 U.S.C. § 31133 — General powers of the Secretary of

Page 859 TITLE 49—TRANSPORTATION § 31134 1 So in original. There is no subpar. (B). Statutory Notes and Related Subsidiaries 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 1301 of this title. § 31133. General powers of the Secretary of Transportation (a) GENERAL.—In carrying out this subchapter and regulations prescribed under section 31102 of this title, the Secretary of Transportation may— (1) conduct and make contracts for inspec- tions and investigations; (2) compile statistics; (3) make reports; (4) issue subpenas; (5) require production of records and prop- erty; (6) take depositions; (7) hold hearings; (8) prescribe recordkeeping and reporting re- quirements; (9) conduct or make contracts for studies, development, testing, evaluation, and train- ing; and (10) perform other acts the Secretary con- siders appropriate. (b) CONSULTATION.—In conducting inspections and investigations under subsection (a) of this section, the Secretary shall consult, as appro- priate, with employers and employees and their authorized representatives and offer them a right of accompaniment. (c) DELEGATION.—The Secretary may delegate to a State receiving a grant under section 31102 of this title those duties and powers related to enforcement (including conducting investiga- tions) of this subchapter and regulations pre- scribed under this subchapter that the Secretary considers appropriate. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1001; Pub. L. 105–178, title IV, § 4006(a), June 9, 1998, 112 Stat. 401.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 31133(a) ...... 49 App.:2510(a),

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