49 U.S.C. § 31101 — Definitions

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- Page 830 TITLE 49—TRANSPORTATION § 31102 tation is used the first time the term appears in a sec- tion. In clause (1), before subclause (A), the words ‘‘(except in section 31106)’’ are added because the source provi- sions being restated in section 31106 of the revised title contain a definition of ‘‘commercial motor vehicle’’. In clause (4), the words ‘‘the Commonwealth of’’ are omitted for consistency in the revised title and with other titles of the United States Code. Editorial Notes AMENDMENTS 1998—Par. (1)(A). Pub. L. 105–178, § 4003(a)(1), inserted ‘‘or gross vehicle weight’’ after ‘‘rating’’ and sub- stituted ‘‘10,001 pounds, whichever is greater’’ for ‘‘10,000 pounds’’. Par. (1)(C). Pub. L. 105–178, § 4003(a)(2), inserted ‘‘and transported in a quantity requiring placarding under regulations prescribed by the Secretary under section 5103’’ before period at end. Statutory Notes and Related Subsidiaries SAVINGS CLAUSE Pub. L. 105–178, title IV, § 4003(h), June 9, 1998, 112 Stat. 398, provided that: ‘‘Amendments made by this section [amending this section and sections 31102 to 31104 of this title] shall not affect any funds made available before the date of enactment of this Act [June 9, 1998].’’ § 31102. Motor carrier safety assistance program (a) IN GENERAL.—The Secretary of Transpor- tation shall administer a motor carrier safety assistance program funded under section 31104. (b) GOAL.—The goal of the program is to en- sure that the Secretary, States, local govern- ments, 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 sur- face 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 sever- ity 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 per- formance by setting program goals and meet- ing performance standards, measures, and benchmarks. (c) STATE PLANS.— (1) IN GENERAL.—In carrying out the pro- gram, 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 im- proving motor carrier safety by adopting and enforcing State regulations, standards, and or- ders that are compatible with the regulations, standards, and orders of the Federal Govern- ment 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 re- quirements of this section, and the plan— (A) implements performance-based activi- ties, including deployment and maintenance of technology to enhance the efficiency and effectiveness of commercial motor vehicle safety programs; (B) designates a lead State commercial motor vehicle safety agency responsible for administering the plan throughout the State; (C) contains satisfactory assurances that the lead State commercial motor vehicle safety agency has or will have the legal au- thority, resources, and qualified personnel necessary to enforce the regulations, stand- ards, and orders; (D) contains satisfactory assurances that the State will devote adequate resources to the administration of the plan and enforce- ment of the regulations, standards, and or- ders; (E) provides a right of entry (or other method a State may use that the Secretary determines is adequate to obtain necessary information) and inspection to carry out the plan; (F) provides that all reports required under this section be available to the Secretary on request; (G) provides that the lead State commer- cial motor vehicle safety agency will adopt the reporting requirements and use the forms for recordkeeping, inspections, and in- vestigations that the Secretary prescribes; (H) requires all registrants of commercial motor vehicles to demonstrate knowledge of applicable safety regulations, standards, and orders of the Federal Government and the State; (I) provides that the State will grant max- imum reciprocity for inspections conducted under the North American Inspection Stand- ards through the use of a nationally accept- ed system that allows ready identification of previously inspected commercial motor ve- hicles; (J) ensures that activities described in subsection (h), if financed through grants to the State made under this section, will not diminish the effectiveness of the develop- ment and implementation of the programs to improve motor carrier, commercial motor vehicle, and driver safety as described in subsection (b); (K) ensures that the lead State commer- cial motor vehicle safety agency will coordi- nate the plan, data collection, and informa- tion systems with the State highway safety improvement program required under sec- tion 148(c) of title 23; (L) ensures participation in appropriate Federal Motor Carrier Safety Administra- tion information technology and data sys- tems and other information systems by all appropriate jurisdictions receiving motor carrier safety assistance program funding; (M) ensures that information is exchanged among the States in a timely manner; (N) provides satisfactory assurances that the State will undertake efforts that will