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49 U.S.C. § 31144 — Safety fitness of owners and operators
Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** The Secretary shall—
(1) determine whether an owner or operator is fit to operate safely commercial motor vehicles, utilizing among other things the accident record of an owner or operator operating in interstate commerce and the accident record and safety inspection record of such owner or operator—
(A) in operations that affect interstate commerce within the United States; and
(B) in operations in Canada and Mexico if the owner or operator also conducts operations within the United States;
(2) periodically update such safety fitness determinations;
(3) make such final safety fitness determinations readily available to the public; and
(4) prescribe by regulation penalties for violations of this section consistent with section 521.
**(b) Procedure.—** The Secretary shall maintain by regulation a procedure for determining the safety fitness of an owner or operator. The procedure shall include, at a minimum, the following elements:
(1) Specific initial and continuing requirements with which an owner or operator must comply to demonstrate safety fitness.
(2) A methodology the Secretary will use to determine whether an owner or operator is fit.
(3) Specific time frames within which the Secretary will determine whether an owner or operator is fit.
**(c) Prohibited Transportation.—**
(1) **In general.—** — Except as provided in section 521(b)(5)(A) and this subsection, an owner or operator who the Secretary determines is not fit may not operate commercial motor vehicles in interstate commerce beginning on the 61st day after the date of such fitness determination and until the Secretary determines such owner or operator is fit.
(2) **Owners or operators transporting passengers.—** — With regard to owners or operators of commercial motor ve
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Source file: Laws/federal/codes/united-states-code/title-49/section-31144-safety-fitness-of-owners-and-operators--a3c5a1f890.md
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Source location: Title 49, Chapter 311, § 31144; chapter-311-commercial-motor-vehicle-safety.md
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**(a) In General.—** The Secretary shall—
(1) determine whether an owner or operator is fit to operate safely commercial motor vehicles, utilizing among other things the accident record of an owner or operator operating in interstate commerce and the accident record and safety inspection record of such owner or operator—
(A) in operations that affect interstate commerce within the United States; and
(B) in operations in Canada and Mexico if the owner or operator also conducts operations within the United States;
(2) periodically update such safety fitness determinations;
(3) make such final safety fitness determinations readily available to the public; and
(4) prescribe by regulation penalties for violations of this section consistent with section 521.
**(b) Procedure.—** The Secretary shall maintain by regulation a procedure for determining the safety fitness of an owner or operator. The procedure shall include, at a minimum, the following elements:
(1) Specific initial and continuing requirements with which an owner or operator must comply to demonstrate safety fitness.
(2) A methodology the Secretary will use to determine whether an owner or operator is fit.
(3) Specific time frames within which the Secretary will determine whether an owner or operator is fit.
**(c) Prohibited Transportation.—**
(1) **In general.—** — Except as provided in section 521(b)(5)(A) and this subsection, an owner or operator who the Secretary determines is not fit may not operate commercial motor vehicles in interstate commerce beginning on the 61st day after the date of such fitness determination and until the Secretary determines such owner or operator is fit.
(2) **Owners or operators transporting passengers.—** — With regard to owners or operators of commercial motor vehicles designed or used to transport passengers, an owner or operator who the Secretary determines is not fit may not operate in interstate commerce beginning on the 46th day after the date of such fitness determination and until the Secretary determines such owner or operator is fit.
(3) **Owners or operators transporting hazardous material.—** — With regard to owners or operators of commercial motor vehicles designed or used to transport hazardous material for which placarding of a motor vehicle is required under regulations prescribed under chapter 51, an owner or operator who the Secretary determines is not fit may not operate in interstate commerce beginning on the 46th day after the date of such fitness determination and until the Secretary determines such owner or operator is fit. A violation of this paragraph by an owner or operator transporting hazardous material shall be considered a violation of chapter 51, and shall be subject to the penalties in sections 5123 and 5124.
(4) **Secretary’s discretion.—** — Except for owners or operators described in paragraphs (2) and (3), the Secretary may allow an owner or operator who is not fit to continue operating for an additional 60 days after the 61st day after the date of the Secretary’s fitness determination, if the Secretary determines that such owner or operator is making a good faith effort to become fit.
(5) **Transportation affecting interstate commerce.—** — Owners or operators of commercial motor vehicles prohibited from operating in interstate commerce pursuant to paragraphs (1) through (3) of this section may not operate any commercial motor vehicle that affects interstate commerce until the Secretary determines that such owner or operator is fit.
**(d) Determination of Unfitness by State.—** If a State that receives motor carrier safety assistance program funds under section 31102 determines, by applying the standards prescribed by the Secretary under subsection (b), that an owner or operator of a commercial motor vehicle that has its principal place of business in that State and operates in intrastate commerce is unfit under such standards and prohibits the owner or operator from operating such vehicle in the State, the Secretary shall prohibit the owner or operator from operating such vehicle in interstate commerce until the State determines that the owner or operator is fit.
**(e) Review of Fitness Determinations.—**
(1) **In general.—** — Not later than 45 days after an unfit owner or operator requests a review, the Secretary shall review such owner’s or operator’s compliance with those requirements with which the owner or operator failed to comply and resulted in the Secretary determining that the owner or operator was not fit.
(2) **Owners or operators transporting passengers.—** — Not later than 30 days after an unfit owner or operator of commercial motor vehicles designed or used to transport passengers requests a review, the Secretary shall review such owner’s or operator’s compliance with those requirements with which the owner or operator failed to comply and resulted in the Secretary determining that the owner or operator was not fit.
(3) **Owners or operators transporting hazardous material.—** — Not later than 30 days after an unfit owner or operator of commercial motor vehicles designed or used to transport hazardous material for which placarding of a motor vehicle is required under regulations prescribed under chapter 51, the Secretary shall review such owner’s or operator’s compliance with those requirements with which the owner or operator failed to comply and resulted in the Secretary determining that the owner or operator was not fit.
**(f) Prohibited Government Use.—** A department, agency, or instrumentality of the United States Government may not use to provide any transportation service an owner or operator who the Secretary has determined is not fit until the Secretary determines such owner or operator is fit.
**(g) Safety Reviews of New Operators.—**
(1) **Safety review.—**
(A) *In general.—* — Except as provided under subparagraph (B), the Secretary shall require, by regulation, each owner and each operator granted new registration under section 13902 or 31134 to undergo a safety review not later than 12 months after the owner or operator, as the case may be, begins operations under such registration.
(B) *Providers of motorcoach services.—* — The Secretary shall require, by regulation, each owner and each operator granted new registration to transport passengers under section 13902 or 31134 to undergo a safety review not later than 120 days after the owner or operator, as the case may be, begins operations under such registration.
(2) **Elements.—** — In the regulations issued pursuant to paragraph (1), the Secretary shall establish the elements of the safety review, including basic safety management controls. In establishing such elements, the Secretary shall consider their effects on small businesses and shall consider establishing alternate locations where such reviews may be conducted for the convenience of small businesses.
(3) **Phase-in of requirement.—** — The Secretary shall phase in the requirements of paragraph (1) in a manner that takes into account the availability of certified motor carrier safety auditors.
(4) **New entrant authority.—** — Notwithstanding any other provision of this title, any new operating authority granted after the date on which section 31148(b) is first implemented shall be designated as new entrant authority until the safety review required by paragraph (1) is completed.
(5) Repealed. Pub. L. 114–94, div. A, title V, § 5101(e)(1), Dec. 4, 2015, 129 Stat. 1525.]
(6) **Additional requirements for household goods motor carriers.—**
(A) *In general.—* — In addition to the requirements of this subsection, the Secretary shall require, by regulation, each registered household goods motor carrier to undergo a consumer protection standards review not later than 18 months after the household goods motor carrier begins operations under such authority.
(B) *Elements.—* — In the regulations issued pursuant to subparagraph (A), the Secretary shall establish the elements of the consumer protections standards review, including basic management controls. In establishing the elements, the Secretary shall consider the effects on small businesses and shall consider establishing alternate locations where such reviews may be conducted for the convenience of small businesses.
**(h) Recognition of Canadian Motor Carrier Safety Fitness Determinations.—**
(1) If an authorized agency of the Canadian federal government or a Canadian Territorial or Provincial government determines, by applying the procedure and standards prescribed by the Secretary under subsection (b) or pursuant to an agreement under paragraph (2), that a Canadian employer is unfit and prohibits the employer from operating a commercial motor vehicle in Canada or any Canadian Province, the Secretary may prohibit the employer from operating such vehicle in interstate and foreign commerce until the authorized Canadian agency determines that the employer is fit.
(2) The Secretary may consult and participate in negotiations with authorized officials of the Canadian federal government or a Canadian Territorial or Provincial government, as necessary, to provide reciprocal recognition of each country’s motor carrier safety fitness determinations. An agreement shall provide, to the maximum extent practicable, that each country will follow the procedure and standards prescribed by the Secretary under subsection (b) in making motor carrier safety fitness determinations.
**(i) Periodic Safety Reviews of Owners and Operators of Interstate For-hire Commercial Motor Vehicles Designed or Used to Transport Passengers.—**
(1) **Safety review.—**
(A) *In general.—* — The Secretary shall—
(i) determine the safety fitness of each motor carrier of passengers who the Secretary registers under section 13902 or 31134 through a simple and understandable rating system that allows passengers to compare the safety performance of each such motor carrier; and
(ii) assign a safety fitness rating to each such motor carrier.
(B) *Applicability.—* — Subparagraph (A) shall apply—
(i) to any provider of motorcoach services registered with the Administration after the date of enactment of the Motorcoach Enhanced Safety Act of 2012 beginning not later than 2 years after the date of such registration; and
(ii) to any provider of motorcoach services registered with the Administration on or before the date of enactment of that Act beginning not later than 3 years after the date of enactment of that Act.
(2) **Periodic review.—** — The Secretary shall establish, by regulation, a process for monitoring the safety performance of each motor carrier of passengers on a regular basis following the assignment of a safety fitness rating, including progressive intervention to correct unsafe practices.
(3) **Enforcement strike forces.—** — In addition to the enhanced monitoring and enforcement actions required under paragraph (2), the Secretary may organize special enforcement strike forces targeting motor carriers of passengers.
(4) **Periodic update of safety fitness rating.—** — In conducting the safety reviews required under this subsection, the Secretary shall—
(A) reassess the safety fitness rating of each motor carrier of passengers not less frequently than once every 3 years; and
(B) annually assess the safety fitness of certain motor carriers of passengers that serve primarily urban areas with high passenger loads.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The national objectives of general welfare, economic growth and stability, and security of the United States require the development of transportation policies and programs that contribute to providing fast, safe, efficient, and convenient transportation at the lowest cost consistent with those and other national objectives, including the efficient use and conservation of the resources of the United States.
**(b)** A Department of Transportation is necessary in the public interest and to—
(1) ensure the coordinated and effective administration of the transportation programs of the United States Government;
(2) make easier the development and improvement of coordinated transportation service to be provided by private enterprise to the greatest extent feasible;
(3) encourage cooperation of Federal, State, and local governments, carriers, labor, and other interested persons to achieve transportation objectives;
(4) stimulate technological advances in transportation, through research and development or otherwise;
(5) provide general leadership in identifying and solving transportation problems; and
(6) develop and recommend to the President and Congress transportation policies and programs to achieve transportation objectives considering the needs of the public, users, carriers, industry, labor, and national defense.
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 101
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Federal law — U.S. Code and appendices · legal_authorities
**(a) State Defined.—** In this section, the term “State” means a State of the United States, the District of Columbia, and Puerto Rico.
**(b) General Authority.—**
(1) **Grants and agreements.—** — Under criteria established by the Secretary, the Secretary may award grants to States, authorities of the States, metropolitan planning organizations, and local governmental authorities, and make agreements with other departments, agencies, or instrumentalities of the Government to—
(A) develop transportation plans and programs;
(B) plan, engineer, design, and evaluate a public transportation project; and
(C) conduct technical studies relating to public transportation.
(2) **Eligible activities.—** — Activities eligible under paragraph (1) include the following:
(A) Studies related to management, planning, operations, capital requirements, and economic feasibility.
(B) Evaluating previously financed projects.
(C) Peer reviews and exchanges of technical data, information, assistance, and related activities in support of planning and environmental analyses among metropolitan planning organizations and other transportation planners.
(D) Other similar and related activities preliminary to and in preparation for constructing, acquiring, or improving the operation of facilities and equipment.
**(c) Purpose.—** To the extent practicable, the Secretary shall ensure that amounts appropriated or made available under section 5338 to carry out this section and sections 5303, 5304, and 5306 are used to support balanced and comprehensive transportation planning that considers the relationships among land use and all transportation modes, without regard to the programmatic source of the planning amounts.
**(d) Metropolitan Planning Program.—**
(1) **Apportionment
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 5305
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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
**(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
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
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 31102
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Federal law — U.S. Code and appendices · legal_authorities
**(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
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 13902
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 31136
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Federal law — U.S. Code and appendices · legal_authorities
Page 878
TITLE 49—TRANSPORTATION
§ 31143
Similar provisions were contained in the following
appropriation acts:
Pub. L. 117–103, div. L, title I, § 131, Mar. 15, 2022, 136
Stat. 706.
Pub. L. 116–260, div. L, title I, § 131, Dec. 27, 2020, 134
Stat. 1844.
Pub. L. 116–94, div. H, title I, § 132, Dec. 20, 2019, 133
Stat. 2955.
§ 31143. Investigating complaints and protecting
complainants
(a) INVESTIGATING COMPLAINTS.—The Secretary
of Transportation shall conduct a timely inves-
tigation of a nonfrivolous written complaint al-
leging that a substantial violation of a regula-
tion prescribed under this subchapter is occur-
ring or has occurred within the prior 60 days.
The Secretary shall give the complainant timely
notice of the findings of the investigation. The
Secretary is not required to conduct separate in-
vestigations of duplicative complaints.
(b)
PROTECTING
COMPLAINANTS.—Notwith-
standing section 552 of title 5, the Secretary
may disclose the identity of a complainant only
if disclosure is necessary to prosecute a viola-
tion. If disclosure becomes necessary, the Sec-
retary shall take every practical means within
the Secretary’s authority to ensure that the
complainant is not subject to harassment, in-
timidation, disciplinary action, discrimination,
or financial loss because of the disclosure.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1012.)
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
31143(a) ......
49 App.:2511(a).
Oct. 30, 1984, Pub. L. 98–554,
§ 212, 98 Stat. 2841.
31143(b) ......
49 App.:2511(b).
Statutory Notes and Related Subsidiaries
TELEPHONE HOTLINE FOR REPORTING SAFETY
VIOLATIONS
Pub. L. 105–178, title IV, § 4017, June 9, 1998, 112 Stat.
413, as amended by Pub. L
Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 31144
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.