49 U.S.C. § 31132 — Definitions

Page 858 TITLE 49—TRANSPORTATION § 31132 1 See References in Text note below. Statutory Notes and Related Subsidiaries EXEMPTIONS FROM REQUIREMENTS OF THIS SUBCHAPTER FOR CERTAIN FARM VEHICLES For provisions relating to exemptions from certain requirements of this subchapter with respect to certain farm vehicles and individuals operating those vehicles, see section 32934 of Pub. L. 112–141, set out as a note under section 31136 of this title. TRAFFIC LAW INITIATIVE Pub. L. 106–159, title II, § 220, Dec. 9, 1999, 113 Stat. 1769, provided that: ‘‘(a) IN GENERAL.—In cooperation with one or more States, the Secretary may carry out a program to de- velop innovative methods of improving motor carrier compliance with traffic laws. Such methods may in- clude the use of photography and other imaging tech- nologies. ‘‘(b) REPORT.—The Secretary shall transmit to Con- gress a report on the results of any program conducted under this section, together with any recommendations as the Secretary determines appropriate.’’ § 31132. Definitions In this subchapter— (1) ‘‘commercial motor vehicle’’ means a self-propelled or towed vehicle used on the highways in interstate commerce to transport passengers or property, 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 or used to transport more than 8 passengers (including the driver) for compensation; (C) is designed or used to transport more than 15 passengers, including the driver, and is not used to transport passengers for com- pensation; or (D) 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 an operator of a com- mercial motor vehicle (including an inde- pendent contractor when operating a commer- cial motor vehicle), a mechanic, a freight han- dler, or an individual not an employer, who— (A) directly affects commercial motor ve- hicle safety in the course of employment; 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 the employment by the Government, a State, or a political subdivision of a State. (3) ‘‘employer’’— (A) means a person engaged in a business affecting interstate commerce that owns or leases a commercial motor vehicle in con- nection with that business, or assigns an em- ployee to operate it; but (B) does not include the Government, a State, or a political subdivision of a State. (4) ‘‘interstate commerce’’ means trade, traf- fic, or transportation in the United States be- tween a place in a State and— (A) a place outside that State (including a place outside the United States); or (B) another place in the same State through another State or through a place outside the United States. (5) ‘‘intrastate commerce’’ means trade, traffic, or transportation in a State that is not interstate commerce. (6) ‘‘medical examiner’’ means an individual licensed, certified, or registered in accordance with regulations issued by the Federal Motor Carrier Safety Administration as a medical examiner. (7) ‘‘regulation’’ includes a standard or order. (8) ‘‘State’’ means a State of the United States, the District of Columbia, and, in sec- tions 31136 and 31140–31142 1 of this title, a po- litical subdivision of a State. (9) ‘‘State law’’ includes a law enacted by a political subdivision of a State. (10) ‘‘State regulation’’ includes a regulation prescribed by a political subdivision of a State. (11) ‘‘United States’’ means the States of the United States and the District of Columbia. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1000; Pub. L. 104–88, title I, § 104(f), Dec. 29, 1995, 109 Stat. 919; Pub. L. 105–178, title IV, § 4008(a), June 9, 1998, 112 Stat. 404; Pub. L. 109–59, title IV, § 4116(c), Aug. 10, 2005, 119 Stat. 1728.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 31132 .......... 49 App.:2503. Oct. 30, 1984, Pub. L. 98–554, § 204, 98 Stat. 2833. The text of 49 App.:2503(6) is omitted as unnecessary because of 1:1. The text of 49 App.:2503(8) is omitted as surplus because the complete name of the Commercial Motor Vehicle Safety Regulatory Review Panel is used the first time the term appears in a section. The text of 49 App.:2503(9) is omitted as surplus because the com- plete name of the Secretary of Transportation is used the first time the term appears in a section. Editorial Notes REFERENCES IN TEXT Section 31140 of this title, referred to in par. (8), was repealed by Pub. L. 105–178, title IV, § 4008(d), June 9, 1998, 112 Stat. 404. AMENDMENTS 2005—Pars. (6) to (11). Pub. L. 109–59 added par. (6) and redesignated former pars. (6) to (10) as (7) to (11), re- spectively. 1998—Par. (1)(A). Pub. L. 105–178, § 4008(a)(1), inserted ‘‘or gross vehicle weight’’ after ‘‘rating’’ and ‘‘, whichever is greater’’ after ‘‘pounds’’. Par. (1)(B). Pub. L. 105–178, § 4008(a)(2), which directed substitution of ‘‘more than 8 passengers (including the driver) for compensation;’’ for ‘‘passengers’’ and all that follows through semicolon at end, was executed by making the substitution for ‘‘passengers for compensa- tion, but excluding vehicles providing taxicab service and having a capacity of not more than 6 passengers and not operated on a regular route or between speci- fied places;’’ to reflect the probable intent of Congress. 1995—Par. (1)(B) to (D). Pub. L. 104–88 added subpars. (B) and (C), redesignated former subpar. (C) as (D), and struck out former subpar. (B) which read as follows: ‘‘is designed to transport more than 15 passengers includ- ing the driver; or’’. Page 859 TITLE 49—TRANSPORTATION § 31134 1 So in original. There is no subpar. (B). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1995 AMENDMENT Amendment by Pub. L. 104–88 effective Jan. 1, 1996, see section 2 of Pub. L. 104–88, set out as an Effective Date note under section 1301 of this title. § 31133. General powers of the Secretary of Transportation (a) GENERAL.—In carrying out this subchapter and regulations prescribed under section 31102 of this title, the Secretary of Transportation may— (1) conduct and make contracts for inspec- tions and investigations; (2) compile statistics; (3) make reports; (4) issue subpenas; (5) require production of records and prop- erty; (6) take depositions; (7) hold hearings; (8) prescribe recordkeeping and reporting re- quirements; (9) conduct or make contracts for studies, development, testing, evaluation, and train- ing; and (10) perform other acts the Secretary con- siders appropriate. (b) CONSULTATION.—In conducting inspections and investigations under subsection (a) of this section, the Secretary shall consult, as appro- priate, with employers and employees and their authorized representatives and offer them a right of accompaniment. (c) DELEGATION.—The Secretary may delegate to a State receiving a grant under section 31102 of this title those duties and powers related to enforcement (including conducting investiga- tions) of this subchapter and regulations pre- scribed under this subchapter that the Secretary considers appropriate. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1001; Pub. L. 105–178, title IV, § 4006(a), June 9, 1998, 112 Stat. 401.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 31133(a) ...... 49 App.:2510(a), (b) (1st sentence). Oct. 30, 1984, Pub. L. 98–554, § 211, 98 Stat. 2841. 31133(b) ...... 49 App.:2510(c). 31133(c) ...... 49 App.:2510(b) (last sentence). In subsection (a), the words before clause (1) are sub- stituted for ‘‘In carrying out the Secretary’s functions under this chapter, the Secretary is authorized to’’ and ‘‘to carry out the provisions of this chapter, or regula- tions issued pursuant to section 2302 of this Appendix’’ to eliminate unnecessary words. Clause (10) is sub- stituted for ‘‘perform such acts . . . as the Secretary determines necessary’’. The text of 49 App.:2510(a) is omitted as covered by 49 App.:2510(b) (1st sentence). In subsection (b), the words ‘‘In conducting inspec- tions and investigations’’ are substituted for ‘‘To carry out the Secretary’s inspection and investigation func- tions’’ to eliminate unnecessary words. The words ‘‘or the Secretary’s agent’’ are omitted as unnecessary. Editorial Notes AMENDMENTS 1998—Subsec. (a)(1). Pub. L. 105–178 inserted ‘‘and make contracts for’’ after ‘‘conduct’’. Statutory Notes and Related Subsidiaries BORDER STAFFING STANDARDS Pub. L. 106–159, title II, § 218, Dec. 9, 1999, 113 Stat. 1767, as amended by Pub. L. 114–94, div. A, title V, § 5101(e)(10), Dec. 4, 2015, 129 Stat. 1525, provided that: ‘‘(a) DEVELOPMENT AND IMPLEMENTATION.—Not later than 1 year after the date of the enactment of this Act [Dec. 9, 1999], the Secretary shall develop and imple- ment appropriate staffing standards for Federal and State motor carrier safety inspectors in international border areas. ‘‘(b) FACTORS TO BE CONSIDERED.—In developing standards under subsection (a), the Secretary shall con- sider volume of traffic, hours of operation of the border facility, types of commercial motor vehicles, types of cargo, delineation of responsibility between Federal and State inspectors, and such other factors as the Sec- retary determines appropriate. ‘‘(c) MAINTENANCE OF EFFORT.—The standards devel- oped and implemented under subsection (a) shall ensure that the United States and each State will not reduce its respective level of staffing of motor carrier safety inspectors in international border areas from its aver- age level staffing for fiscal year 2000. ‘‘(d) BORDER COMMERCIAL MOTOR VEHICLE AND SAFETY ENFORCEMENT PROGRAMS.— ‘‘(1) ENFORCEMENT.—If, on October 1, 2001, and Octo- ber 1 of each fiscal year thereafter, the Secretary has not ensured that the levels of staffing required by the standards developed under subsection (a) are de- ployed, the Secretary should designate the amount made available for allocation under section 31104(a)(1) of title 49, United States Code, for such fiscal year for States, local governments, and other persons for car- rying out border commercial motor vehicle safety programs and enforcement activities and projects. ‘‘(2) ALLOCATION.—If the Secretary makes a des- ignation of an amount under paragraph (1), such amount shall be allocated by the Secretary to State agencies, local governments, and other persons that use and train qualified officers and employees in co- ordination with State motor vehicle safety agen- cies.’’ § 31134. Requirement for registration and USDOT number (a) IN GENERAL.—Upon application, and sub- ject to subsections (b) and (c), the Secretary shall register an employer or person subject to the safety jurisdiction of this subchapter. An employer or person may operate a commercial motor vehicle in interstate commerce only if the employer or person is registered by the Sec- retary under this section and receives a USDOT number. Nothing in this section shall preclude registration by the Secretary of an employer or person not engaged in interstate commerce. An employer or person subject to jurisdiction under subchapter I of chapter 135 of this title shall apply for commercial registration under section 13902 of this title. (b) WITHHOLDING REGISTRATION.—The Sec- retary shall register an employer or person under subsection (a) only if the Secretary deter- mines that— (1) the employer or person seeking registra- tion is willing and able to comply with the re- quirements of this subchapter and the regula- tions prescribed thereunder and chapter 51 and the regulations prescribed thereunder; (2)(A) 1 during the 3-year period before the date of the filing of the application, the em-