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49 U.S.C. § 31314 — Withholding amounts for State noncompliance
Federal law — U.S. Code and appendices · legal_authorities
**(a) First Fiscal Year.—** The Secretary of Transportation shall withhold up to 5 percent of the amount required to be apportioned to a State under section 104(b)(1), (3), and (4) 11 See References in Text note below. of title 23 on the first day of the fiscal year after the first fiscal year beginning after September 30, 1992, throughout which the State does not comply substantially with a requirement of [section 31311(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section31311/a&num=0&edition=prelim).
**(b) Second Fiscal Year.—** The Secretary shall withhold up to 10 percent of the amount required to be apportioned to a State under section 104(b)(1), (3), and (4) 1 of title 23 on the first day of each fiscal year after the 2d fiscal year beginning after September 30, 1992, throughout which the State does not comply substantially with a requirement of [section 31311(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section31311/a&num=0&edition=prelim).
**(c) Penalties Imposed in Fiscal Year 2012 and Thereafter.—** Effective beginning on October 1, 2011—
(1) the penalty for the first instance of noncompliance by a State under this section shall be not more than an amount equal to 4 percent of funds required to be apportioned to the noncompliant State under paragraphs (1) and (2) of [section 104(b) of title 23](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title23-section104/b&num=0&edition=prelim); and
(2) the penalty for subsequent instances of noncompliance shall be not more than an amount equal to 8 percent of funds required to be apportioned to the noncompliant State under paragraphs (1) and (2) of [section 104(b) of title 23](https://uscode.house.gov/view.xhtml?req=gran
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Source file: Laws/federal/codes/united-states-code/title-49/section-31314-withholding-amounts-for-state-noncompliance--647b60f7fe.md
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Source location: Title 49, Chapter 313, § 31314; chapter-313-commercial-motor-vehicle-operators.md
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**(a) First Fiscal Year.—** The Secretary of Transportation shall withhold up to 5 percent of the amount required to be apportioned to a State under section 104(b)(1), (3), and (4) 11 See References in Text note below. of title 23 on the first day of the fiscal year after the first fiscal year beginning after September 30, 1992, throughout which the State does not comply substantially with a requirement of [section 31311(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section31311/a&num=0&edition=prelim).
**(b) Second Fiscal Year.—** The Secretary shall withhold up to 10 percent of the amount required to be apportioned to a State under section 104(b)(1), (3), and (4) 1 of title 23 on the first day of each fiscal year after the 2d fiscal year beginning after September 30, 1992, throughout which the State does not comply substantially with a requirement of [section 31311(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section31311/a&num=0&edition=prelim).
**(c) Penalties Imposed in Fiscal Year 2012 and Thereafter.—** Effective beginning on October 1, 2011—
(1) the penalty for the first instance of noncompliance by a State under this section shall be not more than an amount equal to 4 percent of funds required to be apportioned to the noncompliant State under paragraphs (1) and (2) of [section 104(b) of title 23](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title23-section104/b&num=0&edition=prelim); and
(2) the penalty for subsequent instances of noncompliance shall be not more than an amount equal to 8 percent of funds required to be apportioned to the noncompliant State under paragraphs (1) and (2) of [section 104(b) of title 23](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title23-section104/b&num=0&edition=prelim).
**(d) Availability for Apportionment.—** Amounts withheld under this section from apportionment to a State after September 30, 1995, are not available for apportionment to the State.
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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) General.—** To avoid having amounts withheld from apportionment under [section 31314 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section31314&num=0&edition=prelim), a State shall comply with the following requirements:
(1) The State shall adopt and carry out a program for testing and ensuring the fitness of individuals to operate commercial motor vehicles consistent with the minimum standards prescribed by the Secretary of Transportation under [section 31305(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section31305/a&num=0&edition=prelim).
(2) The State may issue a commercial driver’s license to an individual only if the individual passes written and driving tests for the operation of a commercial motor vehicle that comply with the minimum standards.
(3) The State shall have in effect and enforce a law providing that an individual with a blood alcohol concentration level at or above the level established by [section 31310(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section31310/a&num=0&edition=prelim) when operating a commercial motor vehicle is deemed to be driving under the influence of alcohol.
(4) The State shall authorize an individual to operate a commercial motor vehicle only by issuing a commercial driver’s license containing the information described in [section 31308(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section31308/3&num=0&edition=prelim).11 See References in Text note below.
(5) Not later than the time period prescribed by the Secretary by regulation, the State shall notify the Secretary or the operator of the information system under [section 31309 of this title](https://usc
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 31311
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Federal law — U.S. Code and appendices · legal_authorities
Page 913
TITLE 49—TRANSPORTATION
§ 31314
Editorial Notes
PRIOR PROVISIONS
A prior section 31312, Pub. L. 103–272, § 1(e), July 5,
1994, 108 Stat. 1025, related to grants for testing and en-
suring the fitness of operators of commercial motor ve-
hicles, prior to repeal by Pub. L. 105–178, title IV,
§ 4011(f), June 9, 1998, 112 Stat. 408.
§ 31313. Commercial driver’s license program im-
plementation financial assistance program
(a) FINANCIAL ASSISTANCE PROGRAM.—
(1) IN GENERAL.—The Secretary of Transpor-
tation shall administer a financial assistance
program for commercial driver’s license pro-
gram implementation for the purposes de-
scribed in paragraphs (2) and (3).
(2) STATE COMMERCIAL DRIVER’S LICENSE PRO-
GRAM
IMPLEMENTATION
GRANTS.—In carrying
out the program, the Secretary may make a
grant to a State agency in a fiscal year—
(A) to assist the State in complying with
the requirements of section 31311; and
(B) in the case of a State that is making a
good faith effort toward substantial compli-
ance with the requirements of section 31311,
to improve the State’s implementation of its
commercial driver’s license program, includ-
ing expenses—
(i) for computer hardware and software;
(ii) for publications, testing, personnel,
training, and quality control;
(iii) for commercial driver’s license pro-
gram coordinators; and
(iv) to implement or maintain a system
to notify an employer of an operator of a
commercial motor vehicle of the suspen-
sion or revocation of the operator’s com-
mercial driver’s license consistent with
the standards developed under section
32303(b) of the Commercial Motor Vehicle
Safety Enhancement Act of 2012 (49 U.S.C.
31304 note).
(3) PRIORITY ACTIVITIES.—The Secretary may
make a grant to or enter into a cooperative
agree
Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 31314
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