49 U.S.C. § 31100 — Purpose

Page 824 TITLE 49—TRANSPORTATION § 31100 PART B—COMMERCIAL CHAPTER 311—COMMERCIAL MOTOR VEHICLE SAFETY SUBCHAPTER I—GENERAL AUTHORITY AND STATE GRANTS Sec. 31100. Purpose. 31101. Definitions. 31102. Motor carrier safety assistance program. 31103. Commercial motor vehicle operators grant program. 31104. Authorization of appropriations. 31105. Employee protections. 31106. Information systems. [31107. Repealed.] 31108. Motor carrier research and technology pro- gram. [31109. Repealed.] 31110. Authorization of appropriations. SUBCHAPTER II—LENGTH AND WIDTH LIMITATIONS 31111. Length limitations. 31112. Property-carrying unit limitation. 31113. Width limitations. 31114. Access to the Interstate System. 31115. Enforcement. SUBCHAPTER III—SAFETY REGULATION 31131. Purposes and findings. 31132. Definitions. 31133. General powers of the Secretary of Transpor- tation. 31134. Requirement for registration and USDOT number. 31135. Duties of employers and employees. 31136. United States Government regulations. 31137. Electronic logging devices and brake mainte- nance regulations. 31138. Minimum financial responsibility for trans- porting passengers. 31139. Minimum financial responsibility for trans- porting property. [31140. Repealed.] 31141. Review and preemption of State laws and reg- ulations. 31142. Inspection of vehicles. 31143. Investigating complaints and protecting com- plainants. 31144. Safety fitness of owners and operators. 31145. Coordination of Governmental activities and paperwork. 31146. Relationship to other laws. 31147. Limitations on authority. 31148. Certified motor carrier safety auditors. 31149. Medical program. 31150. Safety performance history screening. 31151. Roadability. SUBCHAPTER IV—MISCELLANEOUS 31161. International cooperation. Editorial Notes AMENDMENTS 2015—Pub. L. 114–94, div. A, title V, §§ 5101(d), (e)(3), (4), 5103(b), Dec. 4, 2015, 129 Stat. 1525, 1527, substituted ‘‘Motor carrier safety assistance program’’ for ‘‘Grants to States’’ in item 31102, ‘‘Commercial motor vehicle operators grant program’’ for ‘‘United States Govern- ment’s share of costs’’ in item 31103, and ‘‘Authoriza- tion of appropriations’’ for ‘‘Availability of amounts’’ in item 31104, struck out items 31107 ‘‘Border enforce- ment grants’’ and 31109 ‘‘Performance and registration information system management’’, and added item 31110. 2012—Pub. L. 112–141, div. C, title II, §§ 32105(b), 32301(d), July 6, 2012, 126 Stat. 781, 788, added items 31134 and 31137 and struck out former item 31137 ‘‘Monitoring device and brake maintenance regulations’’. 2005—Pub. L. 109–59, title IV, §§ 4109(b)(2), 4110(b), 4111(b), 4116(e), 4117(b), 4118(b), 4119(b), Aug. 10, 2005, 119 Stat. 1721, 1722, 1724, 1728, 1729, 1732, 1733, substituted ‘‘GENERAL AUTHORITY AND STATE GRANTS’’ for ‘‘STATE GRANTS AND OTHER COMMERCIAL MOTOR VEHICLE PROGRAMS’’ in subchapter I head- ing, ‘‘Border enforcement grants’’ for ‘‘Contract au- thority funding for information systems’’ in item 31107, and ‘‘Motor carrier research and technology program’’ for ‘‘Authorization of appropriations’’ in item 31108 and added items 31109 and 31149 to 31151, subchapter IV heading, and item 31161. 1999—Pub. L. 106–159, title II, § 211(b), Dec. 9, 1999, 113 Stat. 1766, added item 31148. 1998—Pub. L. 105–178, title IV, §§ 4002(b), 4004(d), 4008(c), (d), 4010, June 9, 1998, 112 Stat. 395, 400, 404, 407, inserted ‘‘AND OTHER COMMERCIAL MOTOR VEHI- CLE PROGRAMS’’ after ‘‘GRANTS’’ in subchapter I heading, added item 31100, substituted ‘‘Information systems’’ for ‘‘Commercial motor vehicle information system program’’ in item 31106 and ‘‘Contract author- ity funding for information systems’’ for ‘‘Truck and bus accident grant program’’ in item 31107, struck out items 31134 ‘‘Commercial Motor Vehicle Safety Regu- latory Review Panel’’ and 31140 ‘‘Submission of State laws and regulations for review’’, subchapter IV head- ing ‘‘MISCELLANEOUS’’, and items 31161 ‘‘Procedures to ensure timely correction of safety violations’’ and 31162 ‘‘Compliance review priority’’. SUBCHAPTER I—GENERAL AUTHORITY AND STATE GRANTS Editorial Notes AMENDMENTS 2005—Pub. L. 109–59, title IV, § 4110(a)(1), Aug. 10, 2005, 119 Stat. 1721, substituted ‘‘GENERAL AUTHORITY AND STATE GRANTS’’ for ‘‘STATE GRANTS AND OTHER COMMERCIAL MOTOR VEHICLE PRO- GRAMS’’ in subchapter heading. 1998—Pub. L. 105–178, title IV, § 4004(c), June 9, 1998, 112 Stat. 400, inserted ‘‘AND OTHER COMMERCIAL MOTOR VEHICLE PROGRAMS’’ after ‘‘GRANTS’’ in subchapter heading. § 31100. Purpose The purpose of this subchapter is to ensure that the Secretary, States, and other political jurisdictions work in partnership to establish programs to improve motor carrier, commercial motor vehicle, and driver safety to support a safe and efficient transportation system by— (1) focusing resources on strategic safety in- vestments to promote safe for-hire and private transportation, including transportation of passengers and hazardous materials, to iden- tify high-risk carriers and drivers, and to in- vest in activities likely to generate maximum reductions in the number and severity of com- mercial motor vehicle crashes; (2) increasing administrative flexibility and developing and enforcing effective, compat- ible, and cost-beneficial motor carrier, com- mercial motor vehicle, and driver safety regu- lations and practices, including improving en- forcement of State and local traffic safety laws and regulations; (3) assessing and improving statewide pro- gram performance by setting program out- come goals, improving problem identification and countermeasures planning, designing ap- propriate performance standards, measures, Page 825 TITLE 49—TRANSPORTATION § 31100 and benchmarks, improving performance in- formation and analysis systems, and moni- toring program effectiveness; (4) ensuring that drivers of commercial motor vehicles and enforcement personnel ob- tain adequate training in safe operational practices and regulatory requirements; and (5) advancing promising technologies and en- couraging adoption of safe operational prac- tices. (Added Pub. L. 105–178, title IV, § 4002(a), June 9, 1998, 112 Stat. 395.) Statutory Notes and Related Subsidiaries COMPLIANCE, SAFETY, ACCOUNTABILITY REFORM Pub. L. 114–94, div. A, title V, subtitle B, part II, Dec. 4, 2015, 129 Stat. 1538, provided that: ‘‘SEC. 5221. CORRELATION STUDY. ‘‘(a) IN GENERAL.—The Administrator of the Federal Motor Carrier Safety Administration (referred to in this part as the ‘Administrator’) shall commission the National Research Council of the National Academies to conduct a study of— ‘‘(1) the Compliance, Safety, Accountability pro- gram of the Federal Motor Carrier Safety Adminis- tration (referred to in this part as the ‘CSA pro- gram’); and ‘‘(2) the Safety Measurement System utilized by the CSA program (referred to in this part as the ‘SMS’). ‘‘(b) SCOPE OF STUDY.—In carrying out the study com- missioned pursuant to subsection (a), the National Re- search Council— ‘‘(1) shall analyze— ‘‘(A) the accuracy with which the Behavior Anal- ysis and Safety Improvement Categories (referred to in this part as ‘BASIC’)— ‘‘(i) identify high risk carriers; and ‘‘(ii) predict or are correlated with future crash risk, crash severity, or other safety indicators for motor carriers, including the highest risk car- riers; ‘‘(B) the methodology used to calculate BASIC percentiles and identify carriers for enforcement, including the weights assigned to particular viola- tions and the tie between crash risk and specific regulatory violations, with respect to accurately identifying and predicting future crash risk for motor carriers; ‘‘(C) the relative value of inspection information and roadside enforcement data; ‘‘(D) any data collection gaps or data sufficiency problems that may exist and the impact of those gaps and problems on the efficacy of the CSA pro- gram; ‘‘(E) the accuracy of safety data, including the use of crash data from crashes in which a motor carrier was free from fault; ‘‘(F) whether BASIC percentiles for motor car- riers of passengers should be calculated separately from motor carriers of freight; ‘‘(G) the differences in the rates at which safety violations are reported to the Federal Motor Car- rier Safety Administration for inclusion in the SMS by various enforcement authorities, including States, territories, and Federal inspectors; and ‘‘(H) how members of the public use the SMS and what effect making the SMS information public has had on reducing crashes and eliminating unsafe motor carriers from the industry; and ‘‘(2) shall consider— ‘‘(A) whether the SMS provides comparable preci- sion and confidence, through SMS alerts and per- centiles, for the relative crash risk of individual large and small motor carriers; ‘‘(B) whether alternatives to the SMS would iden- tify high risk carriers more accurately; and ‘‘(C) the recommendations and findings of the Comptroller General of the United States and the Inspector General of the Department [of Transpor- tation], and independent review team reports, issued before the date of enactment of this Act [Dec. 4, 2015]. ‘‘(c) REPORT.—Not later than 18 months after the date of enactment of this Act, the Administrator shall— ‘‘(1) submit a report containing the results of the study commissioned pursuant to subsection (a) to— ‘‘(A) the Committee on Commerce, Science, and Transportation of the Senate; ‘‘(B) the Committee on Transportation and Infra- structure of the House of Representatives; and ‘‘(C) the Inspector General of the Department; and ‘‘(2) publish the report on a publicly accessible Internet Web site of the Department. ‘‘(d) CORRECTIVE ACTION PLAN.— ‘‘(1) IN GENERAL.—Not later than 120 days after the Administrator submits the report under subsection (c), if that report identifies a deficiency or oppor- tunity for improvement in the CSA program or in any element of the SMS, the Administrator shall sub- mit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a corrective action plan that— ‘‘(A) responds to the deficiencies or opportunities identified by the report; ‘‘(B) identifies how the Federal Motor Carrier Safety Administration will address such defi- ciencies or opportunities; and ‘‘(C) provides an estimate of the cost, including with respect to changes in staffing, enforcement, and data collection, necessary to address such defi- ciencies or opportunities. ‘‘(2) PROGRAM REFORMS.—The corrective action plan submitted under paragraph (1) shall include an imple- mentation plan that— ‘‘(A) includes benchmarks; ‘‘(B) includes programmatic reforms, revisions to regulations, or proposals for legislation; and ‘‘(C) shall be considered in any rulemaking by the Department that relates to the CSA program, in- cluding the SMS or data analysis under the SMS. ‘‘(e) INSPECTOR GENERAL REVIEW.—Not later than 120 days after the Administrator submits a corrective ac- tion plan under subsection (d), the Inspector General of the Department shall— ‘‘(1) review the extent to which such plan address- es— ‘‘(A) recommendations contained in the report submitted under subsection (c); and ‘‘(B) relevant recommendations issued by the Comptroller General or the Inspector General be- fore the date of enactment of this Act; and ‘‘(2) submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the respon- siveness of the corrective action plan to the rec- ommendations described in paragraph (1). ‘‘SEC. 5222. BEYOND COMPLIANCE. ‘‘(a) IN GENERAL.—Not later than 18 months after the date of enactment of this Act [Dec. 4, 2015], the Admin- istrator shall allow recognition, including credit or an improved SMS percentile, for a motor carrier that— ‘‘(1) installs advanced safety equipment; ‘‘(2) uses enhanced driver fitness measures; ‘‘(3) adopts fleet safety management tools, tech- nologies, and programs; or ‘‘(4) satisfies other standards determined appro- priate by the Administrator. ‘‘(b) IMPLEMENTATION.—The Administrator shall carry out subsection (a) by— ‘‘(1) incorporating a methodology into the CSA pro- gram; or ‘‘(2) establishing a safety BASIC in the SMS. Page 826 TITLE 49—TRANSPORTATION § 31100 ‘‘(c) PROCESS.— ‘‘(1) IN GENERAL.—The Administrator, after pro- viding notice and an opportunity for comment, shall develop a process for identifying and reviewing ad- vanced safety equipment, enhanced driver fitness measures, fleet safety management tools, tech- nologies, and programs, and other standards for use by motor carriers to receive recognition, including credit or an improved SMS percentile, for purposes of subsection (a). ‘‘(2) CONTENTS.—A process developed under para- graph (1) shall— ‘‘(A) provide for a petition process for reviewing advanced safety equipment, enhanced driver fitness measures, fleet safety management tools, tech- nologies, and programs, and other standards; and ‘‘(B) seek input and participation from industry stakeholders, including commercial motor vehicle drivers, technology manufacturers, vehicle manu- facturers, motor carriers, law enforcement, safety advocates, and the Motor Carrier Safety Advisory Committee. ‘‘(d) QUALIFICATION.—The Administrator, after pro- viding notice and an opportunity for comment, shall develop technical or other performance standards with respect to advanced safety equipment, enhanced driver fitness measures, fleet safety management tools, tech- nologies, and programs, and other standards for pur- poses of subsection (a). ‘‘(e) MONITORING.—The Administrator may authorize qualified entities to monitor motor carriers that re- ceive recognition, including credit or an improved SMS percentile, under this section through a no-cost con- tract structure. ‘‘(f) DISSEMINATION OF INFORMATION.—The Adminis- trator shall maintain on a publicly accessible Internet Web site of the Department information on— ‘‘(1) the advanced safety equipment, enhanced driv- er fitness measures, fleet safety management tools, technologies, and programs, and other standards eli- gible for recognition, including credit or an improved SMS percentile; ‘‘(2) any petitions for review of advanced safety equipment, enhanced driver fitness measures, fleet safety management tools, technologies, and pro- grams, and other standards; and ‘‘(3) any relevant statistics relating to the use of advanced safety equipment, enhanced driver fitness measures, fleet safety management tools, tech- nologies, and programs, and other standards. ‘‘(g) REPORT.—Not later than 3 years after the date of enactment of this Act, the Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the— ‘‘(1) number of motor carriers receiving recogni- tion, including credit or an improved SMS percentile, under this section; and ‘‘(2) safety performance of such carriers. ‘‘SEC. 5223. DATA CERTIFICATION. ‘‘(a) IN GENERAL.—On and after the date that is 1 day after the date of enactment of this Act [Dec. 4, 2015], no information regarding analysis of violations, crashes in which a determination is made that the motor carrier or the commercial motor vehicle driver is not at fault, alerts, or the relative percentile for each BASIC devel- oped under the CSA program may be made available to the general public until the Inspector General of the Department certifies that— ‘‘(1) the report required under section 5221(c) has been submitted in accordance with that section; ‘‘(2) any deficiencies identified in the report re- quired under section 5221(c) have been addressed; ‘‘(3) if applicable, the corrective action plan under section 5221(d) has been implemented; ‘‘(4) the Administrator of the Federal Motor Carrier Safety Administration has fully implemented or sat- isfactorily addressed the issues raised in the report titled ‘Modifying the Compliance, Safety, Account- ability Program Would Improve the Ability to Iden- tify High Risk Carriers’ of the Government Account- ability Office and dated February 2014 (GAO–14–114); and ‘‘(5) the Secretary [of Transportation] has initiated modification of the CSA program in accordance with section 5222. ‘‘(b) LIMITATION ON THE USE OF CSA ANALYSIS.—Infor- mation regarding alerts and the relative percentile for each BASIC developed under the CSA program may not be used for safety fitness determinations until the In- spector General of the Department makes the certifi- cation under subsection (a). ‘‘(c) CONTINUED PUBLIC AVAILABILITY OF DATA.—Not- withstanding any other provision of this section, in- spection and violation information submitted to the Federal Motor Carrier Safety Administration by com- mercial motor vehicle inspectors and qualified law en- forcement officials, out-of-service rates, and absolute measures shall remain available to the public. ‘‘(d) EXCEPTIONS.— ‘‘(1) IN GENERAL.—Notwithstanding any other provi- sion of this section— ‘‘(A) the Federal Motor Carrier Safety Adminis- tration and State and local commercial motor vehi- cle enforcement agencies may use the information referred to in subsection (a) for purposes of inves- tigation and enforcement prioritization; ‘‘(B) a motor carrier and a commercial motor ve- hicle driver may access information referred to in subsection (a) that relates directly to the motor carrier or driver, respectively; and ‘‘(C) a data analysis of motorcoach operators may be provided online with a notation indicating that the ratings or alerts listed are not intended to imply any Federal safety rating of the carrier. ‘‘(2) NOTATION.—The notation described in para- graph (1)(C) shall include the following: ‘Readers should not draw conclusions about a carrier’s overall safety condition simply based on the data displayed in this system. Unless a motor carrier has received an UNSATISFACTORY safety rating under part 385 of title 49, Code of Federal Regulations, or has other- wise been ordered to discontinue operations by the Federal Motor Carrier Safety Administration, it is authorized to operate on the Nation’s roadways.’. ‘‘(3) RULE OF CONSTRUCTION.—Nothing in this sec- tion may be construed to restrict the official use by State enforcement agencies of the data collected by State enforcement personnel. ‘‘SEC. 5224. DATA IMPROVEMENT. ‘‘(a) FUNCTIONAL SPECIFICATIONS.—The Administrator shall develop functional specifications to ensure the consistent and accurate input of data into systems and databases relating to the CSA program. ‘‘(b) FUNCTIONALITY.—The functional specifications developed pursuant to subsection (a)— ‘‘(1) shall provide for the hardcoding and smart logic functionality for roadside inspection data col- lection systems and databases; and ‘‘(2) shall be made available to public and private sector developers. ‘‘(c) EFFECTIVE DATA MANAGEMENT.—The Adminis- trator shall ensure that internal systems and databases accept and effectively manage data using uniform standards. ‘‘(d) CONSULTATION WITH THE STATES.—Before imple- menting the functional specifications developed pursu- ant to subsection (a) or the standards described in sub- section (c), the Administrator shall seek input from the State agencies responsible for enforcing section 31102 of title 49, United States Code. ‘‘SEC. 5225. ACCIDENT REVIEW. ‘‘(a) IN GENERAL.—Not later than 1 year after a cer- tification under section 5223, the Secretary shall task the Motor Carrier Safety Advisory Committee with re- viewing the treatment of preventable crashes under the SMS. Page 827 TITLE 49—TRANSPORTATION § 31100 ‘‘(b) DUTIES.—Not later than 6 months after being tasked under subsection (a), the Motor Carrier Safety Advisory Committee shall make recommendations to the Secretary on a process to allow motor carriers and drivers to request that the Administrator make a de- termination with respect to the preventability of a crash, if such a process has not yet been established by the Secretary. ‘‘(c) REPORT.—The Secretary shall— ‘‘(1) review and consider the recommendations pro- vided by the Motor Carrier Safety Advisory Com- mittee; and ‘‘(2) report to Congress on how the Secretary in- tends to address the treatment of preventable crash- es. ‘‘(d) PREVENTABLE DEFINED.—In this section, the term ‘preventable’ has the meaning given that term in Appendix B of part 385 of title 49, Code of Federal Regu- lations, as in effect on the date of enactment of this Act [Dec. 4, 2015].’’ ADMINISTRATION OF GRANT PROGRAMS Pub. L. 112–141, div. C, title II, § 32603(i), July 6, 2012, 126 Stat. 808, provided that: ‘‘The Secretary [of Trans- portation] is authorized to identify and implement processes to reduce the administrative burden on the States and the Department of Transportation con- cerning the application and management of the grant programs authorized under chapter 311 and chapter 313 of title 49, United States Code.’’ TRUCKING SECURITY Pub. L. 109–347, title VII, § 703, Oct. 13, 2006, 120 Stat. 1944, provided that: ‘‘(a) LEGAL STATUS VERIFICATION FOR LICENSED UNITED STATES COMMERCIAL DRIVERS.—Not later than 18 months after the date of the enactment of this Act [Oct. 13, 2006], the Secretary of Transportation, in co- operation with the Secretary [of Homeland Security], shall issue regulations to implement the recommenda- tions contained in the memorandum of the Inspector General of the Department of Transportation issued on June 4, 2004 (Control No. 2004–054). ‘‘(b) COMMERCIAL DRIVER’S LICENSE ANTIFRAUD PRO- GRAMS.—Not later than 18 months after the date of the enactment of this Act [Oct. 13, 2006], the Secretary of Transportation, in cooperation with the Secretary [of Homeland Security], shall issue a regulation to imple- ment the recommendations contained in the Report on Federal Motor Carrier Safety Administration Oversight of the Commercial Driver’s License Program (MH–2006–037). ‘‘(c) VERIFICATION OF COMMERCIAL MOTOR VEHICLE TRAFFIC.— ‘‘(1) GUIDELINES.—Not later than 18 months after the date of the enactment of this Act [Oct. 13, 2006], the Secretary [of Homeland Security], in consulta- tion with the Secretary of Transportation, shall draft guidelines for Federal, State, and local law enforce- ment officials, including motor carrier safety en- forcement personnel, on how to identify noncompli- ance with Federal laws uniquely applicable to com- mercial motor vehicles and commercial motor vehi- cle operators engaged in cross-border traffic and com- municate such noncompliance to the appropriate Federal authorities. Such guidelines shall be coordi- nated with the training and outreach activities of the Federal Motor Carrier Safety Administration under section 4139 of SAFETEA-LU (Public Law 109–59) [set out below]. ‘‘(2) VERIFICATION.—Not later than 18 months after the date of the enactment of this Act [Oct. 13, 2006], the Administrator of the Federal Motor Carrier Safe- ty Administration shall modify the final rule regard- ing the enforcement of operating authority (Docket No. FMCSA–2002–13015) to establish a system or proc- ess by which a carrier’s operating authority can be verified during a roadside inspection.’’ OUTREACH AND EDUCATION Pub. L. 109–59, title IV, § 4127, Aug. 10, 2005, 119 Stat. 1741, as amended by Pub. L. 111–147, title IV, § 422(g), Mar. 18, 2010, 124 Stat. 87; Pub. L. 111–322, title II, § 2202(g), Dec. 22, 2010, 124 Stat. 3525; Pub. L. 112–5, title II, § 202(g), Mar. 4, 2011, 125 Stat. 17; Pub. L. 112–30, title I, § 122(f), Sept. 16, 2011, 125 Stat. 349; Pub. L. 112–102, title II, § 202(f), Mar. 30, 2012, 126 Stat. 274; Pub. L. 112–140, title II, § 202(f), June 29, 2012, 126 Stat. 395; Pub. L. 112–141, div. C, title II, § 32603(f), div. G, title II, § 112002(e), July 6, 2012, 126 Stat. 808, 983; Pub. L. 113–159, title I, § 1102(f), Aug. 8, 2014, 128 Stat. 1844; Pub. L. 114–21, title I, § 1102(f), May 29, 2015, 129 Stat. 222; Pub. L. 114–41, title I, § 1102(f), July 31, 2015, 129 Stat. 449; Pub. L. 114–73, title I, § 1102(f), Oct. 29, 2015, 129 Stat. 572; Pub. L. 114–87, title I, § 1102(f), Nov. 20, 2015, 129 Stat. 681, which provided for an outreach and education pro- gram, was repealed by Pub. L. 114–94, div. A, title V, § 5103(c)(4), Dec. 4, 2015, 129 Stat. 1527. See section 31110(c) of this title. SAFETY DATA IMPROVEMENT PROGRAM Pub. L. 109–59, title IV, § 4128, Aug. 10, 2005, 119 Stat. 1742, which provided for grants to States for projects and activities to improve the accuracy, timeliness, and completeness of commercial motor vehicle safety data reported to the Secretary of Transportation, was re- pealed by Pub. L. 114–94, div. A, title V, § 5101(e)(6), Dec. 4, 2015, 129 Stat. 1525, effective Oct. 1, 2016. OPERATING AUTHORITY ENFORCEMENT ASSISTANCE FOR STATES Pub. L. 109–59, title IV, § 4139(a), Aug. 10, 2005, 119 Stat. 1745, provided that: ‘‘(1) TRAINING AND OUTREACH.—Not later than 180 days after the date of enactment of this Act [Aug. 10, 2005], the Administrator of the Federal Motor Carrier Safety Administration shall conduct outreach and provide training as necessary to State personnel engaged in the enforcement of Federal motor carrier safety regula- tions to ensure their awareness of the process to be used for verification of the operating authority of motor carriers, including motor carriers of passengers, and to ensure proper enforcement when motor carriers are found to be in violation of operating authority re- quirements. ‘‘(2) ASSESSMENT.—The Inspector General of the De- partment of Transportation may periodically assess the implementation and effectiveness of the training and outreach program.’’ MOTOR CARRIER SAFETY ADVISORY COMMITTEE Pub. L. 109–59, title IV, § 4144, Aug. 10, 2005, 119 Stat. 1748, as amended by Pub. L. 111–147, title IV, § 422(i), Mar. 18, 2010, 124 Stat. 87; Pub. L. 111–322, title II, § 2202(i), Dec. 22, 2010, 124 Stat. 3525; Pub. L. 112–5, title II, § 202(i), Mar. 4, 2011, 125 Stat. 17; Pub. L. 112–30, title I, § 122(h), Sept. 16, 2011, 125 Stat. 349; Pub. L. 112–102, title II, § 202(h), Mar. 30, 2012, 126 Stat. 274; Pub. L. 112–140, title II, § 202(h), June 29, 2012, 126 Stat. 395; Pub. L. 112–141, div. C, title II, § 32912, July 6, 2012, 126 Stat. 818; Pub. L. 117–58, div. B, title III, § 23002, Nov. 15, 2021, 135 Stat. 758; Pub. L. 117–286, § 4(a)(309), Dec. 27, 2022, 136 Stat. 4340, provided that: ‘‘(a) ESTABLISHMENT AND DUTIES.—The Secretary [of Transportation] shall establish in the Federal Motor Carrier Safety Administration a motor carrier safety advisory committee. The committee shall— ‘‘(1) provide advice and recommendations to the Ad- ministrator of the Federal Motor Carrier Safety Ad- ministration about needs, objectives, plans, ap- proaches, content, and accomplishments of the motor carrier safety programs carried out by the Adminis- tration; and ‘‘(2) provide advice and recommendations to the Ad- ministrator on motor carrier safety regulations. ‘‘(b) MEMBERS, CHAIRMAN, PAY, AND EXPENSES.— ‘‘(1) IN GENERAL.—The committee shall be composed of not more than 20 members appointed by the Ad- ministrator from among individuals who are not em- ployees of the Administration and who are specially qualified to serve on the committee because of their Page 828 TITLE 49—TRANSPORTATION § 31100 education, training, or experience. The members shall include representatives of the motor carrier in- dustry, including small business motor carriers, safe- ty advocates, and safety enforcement officials. Rep- resentatives of a single enumerated interest group may not constitute a majority of the members of the advisory committee. ‘‘(2) CHAIRMAN.—The Administrator shall designate the chairman of the committee. ‘‘(3) PAY.—A member of the committee shall serve without pay; except that the Administrator may allow a member, when attending meetings of the committee or a subcommittee of the committee, ex- penses authorized under section 5703 of title 5, relat- ing to per diem, travel, and transportation expenses. ‘‘(c) SUPPORT STAFF, INFORMATION, AND SERVICES.— The Administrator shall provide support staff for the committee. On request of the committee, the Adminis- trator shall provide information, administrative serv- ices, and supplies that the Administrator considers nec- essary for the committee to carry out its duties and powers. ‘‘(d) TERMINATION DATE.—Notwithstanding chapter 10 of title 5, United States Code, the advisory committee shall terminate on September 30, 2025.’’ MOTOR CARRIER SAFETY STRATEGY Pub. L. 106–159, title I, § 104, Dec. 9, 1999, 113 Stat. 1754, provided that: ‘‘(a) SAFETY GOALS.—In conjunction with existing federally required strategic planning efforts, the Sec- retary shall develop a long-term strategy for improving commercial motor vehicle, operator, and carrier safety. The strategy shall include an annual plan and schedule for achieving, at a minimum, the following goals: ‘‘(1) Reducing the number and rates of crashes, in- juries, and fatalities involving commercial motor ve- hicles. ‘‘(2) Improving the consistency and effectiveness of commercial motor vehicle, operator, and carrier en- forcement and compliance programs. ‘‘(3) Identifying and targeting enforcement efforts at high-risk commercial motor vehicles, operators, and carriers. ‘‘(4) Improving research efforts to enhance and pro- mote commercial motor vehicle, operator, and car- rier safety and performance. ‘‘(b) CONTENTS OF STRATEGY.— ‘‘(1) MEASURABLE GOALS.—The strategy and annual plans under subsection (a) shall include, at a min- imum, specific numeric or measurable goals designed to achieve the strategic goals of subsection (a). The purposes of the numeric or measurable goals are as follows: ‘‘(A) To increase the number of inspections and compliance reviews to ensure that all high-risk commercial motor vehicles, operators, and carriers are examined. ‘‘(B) To eliminate, with meaningful safety meas- ures, the backlog of rulemakings. ‘‘(C) To improve the quality and effectiveness of data bases by ensuring that all States and inspec- tors accurately and promptly report complete safe- ty information. ‘‘(D) To eliminate, with meaningful civil and criminal penalties for violations, the backlog of en- forcement cases. ‘‘(E) To provide for a sufficient number of Federal and State safety inspectors, and provide adequate facilities and equipment, at international border areas. ‘‘(2) RESOURCE NEEDS.—In addition, the strategy and annual plans shall include estimates of the funds and staff resources needed to accomplish each activ- ity. Such estimates shall also include the staff skills and training needed for timely and effective accom- plishment of each goal. ‘‘(3) SAVINGS CLAUSE.—In developing and assessing progress toward meeting the measurable goals set forth in this subsection, the Secretary and the Fed- eral Motor Carrier Safety Administrator shall not take any action that would impinge on the due proc- ess rights of motor carriers and drivers. ‘‘(c) SUBMISSION WITH THE PRESIDENT’S BUDGET.—Be- ginning with fiscal year 2001 and each fiscal year there- after, the Secretary shall submit to Congress the strat- egy and annual plan at the same time as the Presi- dent’s budget submission. ‘‘(d) ANNUAL PERFORMANCE.— ‘‘(1) ANNUAL PERFORMANCE AGREEMENT.—For each of fiscal years 2001 through 2003, the following officials shall enter into annual performance agreements: ‘‘(A) The Secretary and the Federal Motor Carrier Safety Administrator. ‘‘(B) The Administrator and the Deputy Federal Motor Carrier Safety Administrator. ‘‘(C) The Administrator and the Chief Safety Offi- cer of the Federal Motor Carrier Safety Adminis- tration. ‘‘(D) The Administrator and the regulatory om- budsman of the Administration designated by the Administrator under subsection (f). ‘‘(2) GOALS.—Each annual performance agreement entered into under paragraph (1) shall include the ap- propriate numeric or measurable goals of subsection (b). ‘‘(3) PROGRESS ASSESSMENT.—Consistent with the current performance appraisal system of the Depart- ment of Transportation, the Secretary shall assess the progress of each official (other than the Sec- retary) referred to in paragraph (1) toward achieving the goals in his or her performance agreement. The Secretary shall convey the assessment to such offi- cial, including identification of any deficiencies that should be remediated before the next progress assess- ment. ‘‘(4) ADMINISTRATION.—In deciding whether or not to award a bonus or other achievement award to an official of the Administration who is a party to a per- formance agreement required by this subsection, the Secretary shall give substantial weight to whether the official has made satisfactory progress toward meeting the goals of his or her performance agree- ment. ‘‘(e) ACHIEVEMENT OF GOALS.— ‘‘(1) PROGRESS ASSESSMENT.—No less frequently than semiannually, the Secretary and the Adminis- trator shall assess the progress of the Administration toward achieving the strategic goals of subsection (a). The Secretary and the Administrator shall con- vey their assessment to the employees of the Admin- istration and shall identify any deficiencies that should be remediated before the next progress assess- ment. ‘‘(2) REPORT TO CONGRESS.—The Secretary shall re- port annually to Congress the contents of each per- formance agreement entered into under subsection (d) and the official’s performance relative to the goals of the performance agreement. In addition, the Secretary shall report to Congress on the perform- ance of the Administration relative to the goals of the motor carrier safety strategy and annual plan under subsection (a). ‘‘(f) EXPEDITING REGULATORY PROCEEDINGS.—The Ad- ministrator shall designate a regulatory ombudsman to expedite rulemaking proceedings. The Secretary and the Administrator shall each delegate to the ombuds- man such authority as may be necessary for the om- budsman to expedite rulemaking proceedings of the Ad- ministration to comply with statutory and internal de- partmental deadlines, including authority to— ‘‘(1) make decisions to resolve disagreements be- tween officials in the Administration who are partici- pating in a rulemaking process; and ‘‘(2) ensure that sufficient staff are assigned to rule- making projects to meet all deadlines.’’ COMMERCIAL MOTOR VEHICLE SAFETY ADVISORY COMMITTEE Pub. L. 106–159, title I, § 105, Dec. 9, 1999, 113 Stat. 1756, provided that: Page 829 TITLE 49—TRANSPORTATION § 31101 ‘‘(a) ESTABLISHMENT.—The Secretary may establish a commercial motor vehicle safety advisory committee to provide advice and recommendations on a range of motor carrier safety issues. ‘‘(b) COMPOSITION.—The members of the advisory committee shall be appointed by the Secretary and shall include representatives of the motor carrier in- dustry, drivers, safety advocates, manufacturers, safety enforcement officials, law enforcement agencies of bor- der States, and other individuals affected by rulemakings under consideration by the Department of Transportation. Representatives of a single interest group may not constitute a majority of the members of the advisory committee. ‘‘(c) FUNCTION.—The advisory committee shall pro- vide advice to the Secretary on commercial motor ve- hicle safety regulations and other matters relating to activities and functions of the Federal Motor Carrier Safety Administration. ‘‘(d) TERMINATION DATE.—The advisory committee shall remain in effect until September 30, 2003.’’ STUDY OF COMMERCIAL MOTOR VEHICLE CRASH CAUSATION Pub. L. 106–159, title II, § 224, Dec. 9, 1999, 113 Stat. 1770, provided that: ‘‘(a) OBJECTIVES.—The Secretary shall conduct a com- prehensive study to determine the causes of, and con- tributing factors to, crashes that involve commercial motor vehicles. The study shall also identify data re- quirements and collection procedures, reports, and other measures that will improve the Department of Transportation’s and States’ ability to— ‘‘(1) evaluate future crashes involving commercial motor vehicles; ‘‘(2) monitor crash trends and identify causes and contributing factors; and ‘‘(3) develop effective safety improvement policies and programs. ‘‘(b) DESIGN.—The study shall be designed to yield in- formation that will help the Department and the States identify activities and other measures likely to lead to significant reductions in the frequency, sever- ity, and rate per mile traveled of crashes involving commercial motor vehicles, including vehicles de- scribed in section 31132(1)(B) of title 49, United States Code. As practicable, the study shall rank such activi- ties and measures by the reductions each would likely achieve, if implemented. ‘‘(c) CONSULTATION.—In designing and conducting the study, the Secretary shall consult with persons with expertise on— ‘‘(1) crash causation and prevention; ‘‘(2) commercial motor vehicles, drivers, and car- riers, including passenger carriers; ‘‘(3) highways and noncommercial motor vehicles and drivers; ‘‘(4) Federal and State highway and motor carrier safety programs; ‘‘(5) research methods and statistical analysis; and ‘‘(6) other relevant topics. ‘‘(d) PUBLIC COMMENT.—The Secretary shall make available for public comment information about the ob- jectives, methodology, implementation, findings, and other aspects of the study. ‘‘(e) REPORTS.— ‘‘(1) IN GENERAL.—The Secretary shall promptly transmit to Congress the results of the study, to- gether with any legislative recommendations. ‘‘(2) REVIEW AND UPDATE.—The Secretary shall re- view the study at least once every 5 years and update the study and report as necessary. ‘‘(f) FUNDING.—Of the amounts made available for each of fiscal years 2001, 2002, and 2003 under section 4003(i) of the Transportation Equity Act for the 21st Century [Pub. L. 105–178, 49 U.S.C. 31104 note] (112 Stat. 395–398), as added by section 103(b)(1) of this Act, $5,000,000 per fiscal year shall be available only to carry out this section.’’ DATA COLLECTION AND ANALYSIS Pub. L. 106–159, title II, § 225, Dec. 9, 1999, 113 Stat. 1771, directed the Secretary, in cooperation with the States, to carry out a program to improve the collec- tion and analysis of data on crashes, including crash causation, involving commercial motor vehicles and to transmit a report on the program and authorized ap- propriations for fiscal years 2001, 2002, and 2003. § 31101. Definitions In this subchapter— (1) ‘‘commercial motor vehicle’’ means (ex- cept in section 31106) a self-propelled or towed vehicle used on the highways in commerce principally to transport passengers or cargo, if the vehicle— (A) has a gross vehicle weight rating or gross vehicle weight of at least 10,001 pounds, whichever is greater; (B) is designed to transport more than 10 passengers including the driver; or (C) is used in transporting material found by the Secretary of Transportation to be hazardous under section 5103 of this title and transported in a quantity requiring placarding under regulations prescribed by the Secretary under section 5103. (2) ‘‘employee’’ means a driver of a commer- cial motor vehicle (including an independent contractor when personally operating a com- mercial motor vehicle), a mechanic, a freight handler, or an individual not an employer, who— (A) directly affects commercial motor ve- hicle safety in the course of employment by a commercial motor carrier; and (B) is not an employee of the United States Government, a State, or a political subdivi- sion of a State acting in the course of em- ployment. (3) ‘‘employer’’— (A) means a person engaged in a business affecting commerce that owns or leases a commercial motor vehicle in connection with that business, or assigns an employee to operate the vehicle in commerce; but (B) does not include the Government, a State, or a political subdivision of a State. (4) ‘‘State’’ means a State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 984; Pub. L. 105–178, title IV, § 4003(a), June 9, 1998, 112 Stat. 395.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 31101 .......... 49 App.:2301(1), (3)–(6). Jan. 6, 1983, Pub. L. 97–424, § 401(1), (3)–(6), 96 Stat. 2154, 2155. 49 App.:2301(2). Jan. 6, 1983, Pub. L. 97–424, § 401(2), 96 Stat. 2154; Oct. 30, 1984, Pub. L. 98–554, § 228(a), (b), 98 Stat. 2852. Before clause (1), the words ‘‘unless the context oth- erwise requires’’ are omitted as unnecessary. The text of 49 App.:2301(4) is omitted as unnecessary because of 1:1. The text of 49 App.:2301(5) is omitted as surplus be- cause the complete name of the Secretary of Transpor-