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49 U.S.C. § 31502 — Requirements for qualifications, hours of service, safety, and equipment standards

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

49 U.S.C. § 31502 — Requirements for qualifications, hours of service, safety, and equipment standards

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Source file: Laws/federal/codes/united-states-code/title-49/section-31502-requirements-for-qualifications-hours-of-service-safety-and-equipment-st--b361b023cd.md
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Source location: Title 49, Chapter 315, § 31502; chapter-315-motor-carrier-safety.md

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**(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 Field Administrator of the Federal Motor Carrier Safety 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 Field Administrator 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) 11 See References in Text note below. of the National Highway System Designation Act of 1995 ([49 U.S.C. 31136](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section31136&num=0&edition=prelim) note; 109 Stat. 613). (B) *Utility service vehicle.—* — The term “utility service vehicle” has the meaning that term has under section 345(e)(6) 1 of the National Highway System Designation Act of 1995 ([49 U.S.C. 31136](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section31136&num=0&edition=prelim) note; 109 Stat 22 So in original. Probably should be followed by a period. 614–615). **(f) Ready Mixed Concrete Delivery Vehicles.—** (1) **In general.—** — Notwithstanding any other provision of law, regulations issued under this section or section 31136 (including section 395.1(e)(1)(ii) of title 49, Code of Federal Regulations) regarding reporting, recordkeeping, or documentation of duty status shall not apply to any driver of a ready mixed concrete delivery vehicle if— (A) the driver operates within a 100 air-mile radius of the normal work reporting location; (B) the driver returns to the work reporting location and is released from work within 14 consecutive hours; (C) the driver has at least 10 consecutive hours off duty following each 14 hours on duty; (D) the driver does not exceed 11 hours maximum driving time following 10 consecutive hours off duty; and (E) the motor carrier that employs the driver maintains and retains for a period of 6 months accurate and true time records that show— (i) the time the driver reports for duty each day; (ii) the total number of hours the driver is on duty each day; (iii) the time the driver is released from duty each day; and (iv) the total time for the preceding driving week the driver is used for the first time or intermittently. (2) **Definition.—** — In this section, the term “driver of a ready mixed concrete delivery vehicle” means a driver of a vehicle designed to deliver ready mixed concrete on a daily basis and is equipped with a mechanism under which the vehicle’s propulsion engine provides the power to operate a mixer drum to agitate and mix the product en route to the delivery site.

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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 ([

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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

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49 U.S.C. § 31136 — United States Government regulations

**(a) Minimum Safety Standards.—** Subject to [section 30103(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section30103/a&num=0&edition=prelim), the Secretary of Transportation shall prescribe regulations on commercial motor vehicle safety. The regulations shall prescribe minimum safety standards for commercial motor vehicles. At a minimum, the regulations shall ensure that— (1) commercial motor vehicles are maintained, equipped, loaded, and operated safely; (2) the responsibilities imposed on operators of commercial motor vehicles do not impair their ability to operate the vehicles safely; (3) the physical condition of operators of commercial motor vehicles is adequate to enable them to operate the vehicles safely and the periodic physical examinations required of such operators are performed by medical examiners who have received training in physical and medical examination standards and, after the national registry maintained by the Department of Transportation under section 31149(d) is established, are listed on such registry; (4) the operation of commercial motor vehicles does not have a deleterious effect on the physical condition of the operators; and (5) an operator of a commercial motor vehicle is not coerced by a motor carrier, shipper, receiver, or transportation intermediary to operate a commercial motor vehicle in violation of a regulation promulgated under this section, or chapter 51 or chapter 313 of this title. **(b) Eliminating and Amending Existing Regulations.—** The Secretary may not eliminate or amend an existing motor carrier safety regulation related only to the maintenance, equipment, loading, or operation (including routing) of vehicles carrying material found to be hazardous under [section 5103 of

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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):

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15 U.S.C. § 1261 — Definitions

For the purposes of this chapter— **(a)** The term “territory” means any territory or possession of the United States, including the District of Columbia and the Commonwealth of Puerto Rico but excluding the Canal Zone. **(b)** The term “interstate commerce” means (1) commerce between any State or territory and any place outside thereof, and (2) commerce within the District of Columbia or within any territory not organized with a legislative body. **(c)** The term “Commission” means the Consumer Product Safety Commission. **(d)** Repealed. Pub. L. 110–314, title II, § 204(b)(4)(A), Aug. 14, 2008, 122 Stat. 3041 **(e)** The term “person” includes an individual, partnership, corporation, and association. **(f)** The term “hazardous substance” means: (1) (A) Any substance or mixture of substances which (i) is toxic, (ii) is corrosive, (iii) is an irritant, (iv) is a strong sensitizer, (v) is flammable or combustible, or (vi) generates pressure through decomposition, heat, or other means, if such substance or mixture of substances may cause substantial personal injury or substantial illness during or as a proximate result of any customary or reasonably foreseeable handling or use, including reasonably foreseeable ingestion by children. (B) Any substances which the Commission by regulation finds, pursuant to the provisions of [section 1262(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1262/a&num=0&edition=prelim), meet the requirements of subparagraph (1)(A) of this paragraph. (C) Any radioactive substance, if, with respect to such substance as used in a particular class of article or as packaged, the Commission determines by regulation that the substance is sufficiently hazardous to require labeling in accordan

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

15 U.S.C. § 1681b — Permissible purposes of consumer reports

**(a) In general** Subject to subsection (c), any consumer reporting agency may furnish a consumer report under the following circumstances and no other: (1) In response to the order of a court having jurisdiction to issue such an order, a subpoena issued in connection with proceedings before a Federal grand jury, or a subpoena issued in accordance with [section 5318 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section5318&num=0&edition=prelim) or [section 3486 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3486&num=0&edition=prelim). (2) In accordance with the written instructions of the consumer to whom it relates. (3) To a person which it has reason to believe— (A) intends to use the information in connection with a credit transaction involving the consumer on whom the information is to be furnished and involving the extension of credit to, or review or collection of an account of, the consumer; or (B) intends to use the information for employment purposes; or (C) intends to use the information in connection with the underwriting of insurance involving the consumer; or (D) intends to use the information in connection with a determination of the consumer’s eligibility for a license or other benefit granted by a governmental instrumentality required by law to consider an applicant’s financial responsibility or status; or (E) intends to use the information, as a potential investor or servicer, or current insurer, in connection with a valuation of, or an assessment of the credit or prepayment risks associated with, an existing credit obligation; or (F) otherwise has a legitimate business need for the information— (i) in connection with a business transaction that is i

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

29 U.S.C. § 1844 — Motor vehicle safety

**(a) Mode of transportation subject to coverage** (1) Except as provided in paragraph (2), this section applies to the transportation of any migrant or seasonal agricultural worker. (2) This section does not apply to the transportation of any migrant or seasonal agricultural worker on a tractor, combine, harvester, picker, or other similar machinery and equipment while such worker is actually engaged in the planting, cultivating, or harvesting of any agricultural commodity or the care of livestock or poultry. **(b) Applicability of standards, licensing, and insurance requirements; promulgation of regulations for standards; criteria, etc., for regulations; amount of insurance required** (1) When using, or causing to be used, any vehicle for providing transportation to which this section applies, each agricultural employer, agricultural association, and farm labor contractor shall— (A) ensure that such vehicle conforms to the standards prescribed by the Secretary under paragraph (2) of this subsection and other applicable Federal and State safety standards, (B) ensure that each driver has a valid and appropriate license, as provided by State law, to operate the vehicle, and (C) have an insurance policy or a liability bond that is in effect which insures the agricultural employer, the agricultural association, or the farm labor contractor against liability for damage to persons or property arising from the ownership, operation, or the causing to be operated, of any vehicle used to transport any migrant or seasonal agricultural worker. (2) (A) For purposes of paragraph (1)(A), the Secretary shall prescribe such regulations as may be necessary to protect the health and safety of migrant and seasonal agricultural workers. (B) To the extent consistent with

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29 U.S.C. § 213 — Exemptions

**(a) Minimum wage and maximum hour requirements** The provisions of sections 206 (except subsection (d) in the case of paragraph (1) of this subsection) and 207 of this title shall not apply with respect to— (1) any employee employed in a bona fide executive, administrative, or professional capacity (including any employee employed in the capacity of academic administrative personnel or teacher in elementary or secondary schools), or in the capacity of outside salesman (as such terms are defined and delimited from time to time by regulations of the Secretary, subject to the provisions of subchapter II of chapter 5 of title 5, except that an employee of a retail or service establishment shall not be excluded from the definition of employee employed in a bona fide executive or administrative capacity because of the number of hours in his workweek which he devotes to activities not directly or closely related to the performance of executive or administrative activities, if less than 40 per centum of his hours worked in the workweek are devoted to such activities); or (2) Repealed. Pub. L. 101–157, § 3(c)(1), Nov. 17, 1989, 103 Stat. 939. (3) any employee employed by an establishment which is an amusement or recreational establishment, organized camp, or religious or non-profit educational conference center, if (A) it does not operate for more than seven months in any calendar year, or (B) during the preceding calendar year, its average receipts for any six months of such year were not more than 33⅓ per centum of its average receipts for the other six months of such year, except that the exemption from sections 206 and 207 of this title provided by this paragraph does not apply with respect to any employee of a private entity engaged in providing services or facilities

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49 U.S.C. § 507 — Enforcement

**(a)** The Secretary of Transportation may bring a civil action to enforce— (1) an order of the Secretary under this chapter when violated by a rail carrier; and (2) this chapter or a regulation or order of the Secretary under this chapter when violated by a motor carrier, motor carrier of migrant workers, motor private carrier, or freight forwarder. **(b)** The Attorney General may, and on request of the Secretary shall, bring court proceedings to enforce this chapter or a regulation or order of the Secretary under this chapter and to prosecute a person violating this chapter or a regulation or order of the Secretary. **(c)** The Attorney General, at the request of the Secretary, may bring an action in an appropriate district court of the United States for equitable relief to redress a violation by any person of a provision of subchapter III of chapter 311 (except sections 31138 and 31139) or [section 31502 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section31502&num=0&edition=prelim), or an order or regulation issued under any of those provisions. Such district court shall have jurisdiction to determine any such action and may grant such relief as is necessary or appropriate, including mandatory or prohibitive injunctive relief, interim equitable relief, and punitive damages. **(d)** A person injured because a rail carrier or freight forwarder does not obey an order of the Secretary under this chapter may bring a civil action to enforce that order under this subsection. **(e)** In a civil action brought under subsection (a)(2) of this section against a motor carrier, motor carrier of migrant workers, or motor private carrier— (1) trial is in the judicial district in which the carrier operates; (2) process may be served

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49 U.S.C. § 521 — Civil penalties

**(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

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