49 U.S.C. § 31305 — General driver fitness, testing, and train-

Page 892 TITLE 49—TRANSPORTATION § 31304 § 31304. Employer responsibilities (a) IN GENERAL.—An employer may not allow an employee to operate a commercial motor ve- hicle in the United States during a period that the employer knows or should reasonably know that the employee— (1) has a driver’s license revoked, suspended, or canceled by a State, has lost the right to operate a commercial motor vehicle in a State, or has been disqualified from operating a commercial motor vehicle; or (2) has more than one driver’s license (except as allowed under section 31302 of this title). (b) DRIVER VIOLATION RECORDS.— (1) PERIODIC REVIEW.—Except as provided in paragraph (3), an employer shall ascertain the driving record of each driver it employs— (A) by making an inquiry at least once every 12 months to the appropriate State agency in which the driver held or holds a commercial driver’s license or permit during such time period; (B) by receiving occurrence-based reports of changes in the status of a driver’s record from 1 or more driver record notification systems that meet minimum standards issued by the Secretary; or (C) by a combination of inquiries to States and reports from driver record notification systems. (2) RECORD KEEPING.—A copy of the reports received under paragraph (1) shall be main- tained in the driver’s qualification file. (3) EXCEPTIONS TO RECORD REVIEW REQUIRE- MENT.—Paragraph (1) shall not apply to a driv- er employed by an employer who, in any 7-day period, is employed or used as a driver by more than 1 employer— (A) if the employer obtains the driver’s identification number, type, and issuing State of the driver’s commercial motor vehi- cle license; or (B) if the information described in sub- paragraph (A) is furnished by another em- ployer and the employer that regularly em- ploys the driver meets the other require- ments under this section. (4) DRIVER RECORD NOTIFICATION SYSTEM DE- FINED.—In this section, the term ‘‘driver record notification system’’ means a system that automatically furnishes an employer with a report, generated by the appropriate agency of a State, on the change in the status of an employee’s driver’s license due to a con- viction for a moving violation, a failure to ap- pear, an accident, driver’s license suspension, driver’s license revocation, or any other ac- tion taken against the driving privilege. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1016; Pub. L. 112–141, div. C, title II, §§ 32303(a), 32307, July 6, 2012, 126 Stat. 790, 794.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 31304 .......... 49 App.:2703. Oct. 27, 1986, Pub. L. 99–570, § 12004, 100 Stat. 3207–171. In this section, before clause (1), the words ‘‘Effective July 1, 1987’’ are omitted as executed. The words ‘‘per- mit, or authorize’’ are omitted as surplus. Clause (2) is substituted for 49 App.:2703(2) to eliminate unnecessary words. Editorial Notes AMENDMENTS 2012—Pub. L. 112–141, § 32303(a), designated existing provisions as subsec. (a), inserted heading, and added subsec. (b). Subsec. (a). Pub. L. 112–141, § 32307, in introductory provisions, struck out ‘‘knowingly’’ before ‘‘allow an employee’’ and substituted ‘‘that the employer knows or should reasonably know that’’ for ‘‘in which’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2012 AMENDMENT Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effec- tive and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways. STANDARDS FOR DRIVER RECORD NOTIFICATION SYSTEMS Pub. L. 112–141, div. C, title II, § 32303(b), July 6, 2012, 126 Stat. 791, provided that: ‘‘Not later than 1 year after the date of enactment of this Act [see section 3(a), (b) of Pub. L. 112–141, set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of Title 23, Highways], the Secretary [of Transportation] shall issue minimum standards for driver notification systems, including standards for the accuracy, consist- ency, and completeness of the information provided.’’ § 31305. General driver fitness, testing, and train- ing (a) MINIMUM STANDARDS FOR TESTING AND FIT- NESS.—The Secretary of Transportation shall prescribe regulations on minimum standards for testing and ensuring the fitness of an individual operating a commercial motor vehicle. The reg- ulations— (1) shall prescribe minimum standards for written and driving tests of an individual op- erating a commercial motor vehicle; (2) shall require an individual who operates or will operate a commercial motor vehicle to take a driving test in a vehicle representative of the type of vehicle the individual operates or will operate; (3) shall prescribe minimum testing stand- ards for the operation of a commercial motor vehicle and may prescribe different minimum testing standards for different classes of com- mercial motor vehicles; (4) shall ensure that an individual taking the tests has a working knowledge of— (A) regulations on the safe operation of a commercial motor vehicle prescribed by the Secretary and contained in title 49, Code of Federal Regulations; and (B) safety systems of the vehicle; (5) shall ensure that an individual who oper- ates or will operate a commercial motor vehi- cle carrying a hazardous material— (A) is qualified to operate the vehicle under regulations on motor vehicle trans- portation of hazardous material prescribed under chapter 51 of this title; (B) has a working knowledge of— (i) those regulations; (ii) the handling of hazardous material; Page 893 TITLE 49—TRANSPORTATION § 31305 (iii) the operation of emergency equip- ment used in response to emergencies aris- ing out of the transportation of hazardous material; and (iv) appropriate response procedures to follow in those emergencies; and (C) is licensed by a State to operate the ve- hicle after having first been determined under section 5103a of this title as not posing a security risk warranting denial of the li- cense. (6) shall establish minimum scores for pass- ing the tests; (7) shall ensure that an individual taking the tests is qualified to operate a commercial motor vehicle under regulations prescribed by the Secretary and contained in title 49, Code of Federal Regulations, to the extent the regu- lations apply to the individual; and (8) may require— (A) issuance of a certification of fitness to operate a commercial motor vehicle to an individual passing the tests; and (B) the individual to have a copy of the certification in the individual’s possession when the individual is operating a commer- cial motor vehicle. (b) REQUIREMENTS FOR OPERATING VEHICLES.— (1) Except as provided in paragraph (2) of this subsection, an individual may operate a com- mercial motor vehicle only if the individual has passed written and driving tests that meet the minimum standards prescribed by the Secretary under subsection (a) of this section to operate the vehicle and has a commercial driver’s li- cense to operate the vehicle. (2) The Secretary may prescribe regulations providing that an individual may operate a com- mercial motor vehicle for not more than 90 days if the individual— (A) passes a driving test for operating a com- mercial motor vehicle that meets the min- imum standards prescribed under subsection (a) of this section; and (B) has a driver’s license that is not sus- pended, revoked, or canceled. (c) STANDARDS FOR TRAINING.—Not later than 1 year after the date of enactment of the Commer- cial Motor Vehicle Safety Enhancement Act of 2012, the Secretary shall issue final regulations establishing minimum entry-level training re- quirements for an individual operating a com- mercial motor vehicle— (1) addressing the knowledge and skills that— (A) are necessary for an individual oper- ating a commercial motor vehicle to safely operate a commercial motor vehicle; and (B) must be acquired before obtaining a commercial driver’s license for the first time or upgrading from one class of commercial driver’s license to another class; (2) addressing the specific training needs of a commercial motor vehicle operator seeking passenger or hazardous materials endorse- ments; (3) requiring effective instruction to acquire the knowledge, skills, and training referred to in paragraphs (1) and (2), including classroom and behind-the-wheel instruction; (4) requiring certification that an individual operating a commercial motor vehicle meets the requirements established by the Sec- retary; and (5) requiring a training provider (including a public or private driving school, motor carrier, or owner or operator of a commercial motor vehicle) that offers training that results in the issuance of a certification to an individual under paragraph (4) to demonstrate that the training meets the requirements of the regula- tions, through a process established by the Secretary. (d) STANDARDS FOR TRAINING AND TESTING OF OPERATORS WHO ARE MEMBERS OF THE ARMED FORCES, RESERVISTS, OR VETERANS.— (1) IN GENERAL.—Not later than December 31, 2016, the Secretary shall modify the regula- tions prescribed under subsections (a) and (c) to— (A) exempt a covered individual from all or a portion of a driving test if the covered in- dividual had experience in the armed forces or reserve components driving vehicles simi- lar to a commercial motor vehicle; (B) ensure that a covered individual may apply for an exemption under subparagraph (A)— (i) while serving in the armed forces or reserve components; and (ii) during the 1-year period beginning on the date on which such individual sepa- rates from service in the armed forces or reserve components; and (C) credit the training and knowledge a covered individual received in the armed forces or reserve components driving vehi- cles similar to a commercial motor vehicle for purposes of satisfying minimum stand- ards for training and knowledge. (2) DEFINITIONS.—In this subsection, the fol- lowing definitions apply: (A) ARMED FORCES.—The term ‘‘armed forces’’ has the meaning given that term in section 101(a) of title 10. (B) COVERED INDIVIDUAL.—The term ‘‘cov- ered individual’’ means an individual over the age of 21 years who is— (i) a current or former member of the armed forces; or (ii) a current or former member of one of the reserve components. (C) RESERVE COMPONENTS.—The term ‘‘re- serve components’’ means— (i) the Army National Guard of the United States; (ii) the Army Reserve; (iii) the Navy Reserve; (iv) the Marine Corps Reserve; (v) the Air National Guard of the United States; (vi) the Air Force Reserve; and (vii) the Coast Guard Reserve. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1016; Pub. L. 106–159, title II, § 201(d), Dec. 9, 1999, 113 Stat. 1760; Pub. L. 107–56, title X, § 1012(b), Oct. 26, 2001, 115 Stat. 397; Pub. L. 112–141, div. C, title II, § 32304(a), (c), July 6, 2012, 126 Stat. 791, 792; Pub. L. 114–94, div. A, title V, § 5401(a), Dec. 4, Page 894 TITLE 49—TRANSPORTATION § 31305 2015, 129 Stat. 1546; Pub. L. 115–105, § 3, Jan. 8, 2018, 131 Stat. 2264.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 31305(a) ...... 49 App.:2704(a). Oct. 27, 1986, Pub. L. 99–570, § 12005(a), (b), 100 Stat. 3207–171. 31305(b) ...... 49 App.:2704(b). In this section, the word ‘‘Federal’’ is omitted as un- necessary. In subsection (a), before clause (1), the words ‘‘Not later than July 15, 1988’’ are omitted as obsolete. In clause (3), the words ‘‘if the Secretary considers appro- priate to carry out the objectives of this title’’ are omitted as unnecessary. In subsection (b)(1), the words ‘‘taken and’’ are omit- ted as unnecessary. The text of 49 App.:2704(b)(3) is omitted as obsolete. Editorial Notes REFERENCES IN TEXT The date of enactment of the Commercial Motor Ve- hicle Safety Enhancement Act of 2012, referred to in subsec. (c), is the date of enactment of title II of div. C of Pub. L. 112–141, which was approved July 6, 2012. AMENDMENTS 2018—Subsec. (d). Pub. L. 115–105, § 3(1), substituted ‘‘Operators Who Are Members of the Armed Forces, Re- servists, or Veterans’’ for ‘‘Veteran Operators’’ in head- ing. Subsec. (d)(1)(B). Pub. L. 115–105, § 3(2), substituted ‘‘subparagraph (A)—’’ for ‘‘subparagraph (A) during, at least,’’, added cl. (i), and inserted ‘‘(ii) during’’ before ‘‘the 1-year period’’. Subsec. (d)(2)(B)(i). Pub. L. 115–105, § 3(3)(A), inserted ‘‘current or’’ before ‘‘former’’. Subsec. (d)(2)(B)(ii). Pub. L. 115–105, § 3(3), inserted ‘‘current or’’ before ‘‘former’’ and ‘‘one of’’ before ‘‘the reserve components’’. 2015—Subsec. (d). Pub. L. 114–94 added subsec. (d). 2012—Pub. L. 112–141, § 32304(c), substituted ‘‘General driver fitness, testing, and training’’ for ‘‘General driv- er fitness and testing’’ in section catchline. Subsec. (c). Pub. L. 112–141, § 32304(a), added subsec. (c). 2001—Subsec. (a)(5)(C). Pub. L. 107–56 added subpar. (C). 1999—Subsec. (b)(1). Pub. L. 106–159 struck out ‘‘to op- erate the vehicle’’ after ‘‘written and driving tests’’ and inserted ‘‘to operate the vehicle and has a commercial driver’s license to operate the vehicle’’ before period at end. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees. EFFECTIVE DATE OF 2012 AMENDMENT Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effec- tive and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways. LICENSING TESTING Pub. L. 117–146, § 20, June 16, 2022, 136 Stat. 1283, pro- vided that: ‘‘(a) IN GENERAL.—Not later than 90 days after the date of enactment of this Act [June 16, 2022], the Ad- ministrator of the Federal Motor Carrier Safety Ad- ministration (referred to in this section as the ‘Admin- istrator’) shall conduct a review of the discretionary waiver authority described in the document issued by the Administrator entitled ‘Waiver for States Con- cerning Third Party CDL Skills Test Examiners In Re- sponse to the COVID–19 Emergency’ and dated August 31, 2021, for safety concerns. ‘‘(b) PERMANENT WAIVER.—If the Administrator finds no safety concerns after conducting a review under sub- section (a), the Administrator shall— ‘‘(1) notwithstanding any other provision of law, make the waiver permanent; and ‘‘(2) not later than 90 days after completing the re- view under subsection (a), revise section 384.228 of title 49, Code of Federal Regulations, to provide that the discretionary waiver authority referred to in sub- section (a) shall be permanent. ‘‘(c) REPORT.—If the Administrator declines to move forward with a rulemaking for revision under sub- section (b), the Administrator shall explain the reasons for declining to move forward with the rulemaking in a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Rep- resentatives.’’ MODIFICATION OF RESTRICTIONS ON CERTAIN COMMERCIAL DRIVER’S LICENSES Pub. L. 117–58, div. B, title III, § 23019, Nov. 15, 2021, 135 Stat. 777, provided that: ‘‘The Administrator of the Federal Motor Carrier Safety Administration shall re- vise section 383.3(f)(3)(ii) of title 49, Code of Federal Regulations (or a successor regulation), to provide that a restricted commercial driver’s license issued to an employee in a farm-related service industry shall be limited to the applicable seasonal periods defined by the State issuing the restricted commercial driver’s li- cense, subject to the condition that the total number of days in any calendar year during which the restricted commercial driver’s license is valid does not exceed 210.’’ REPORT ON COMMERCIAL DRIVER’S LICENSE SKILLS TEST DELAYS Pub. L. 114–94, div. A, title V, § 5506, Dec. 4, 2015, 129 Stat. 1553, provided that: ‘‘Not later than 18 months after the date of enactment of this Act [Dec. 4, 2015], and each year thereafter, the Administrator of the Fed- eral Motor Carrier Safety Administration shall submit to the Committee on Commerce, Science, and Trans- portation of the Senate and the Committee on Trans- portation and Infrastructure of the House of Represent- atives a report that— ‘‘(1) describes, for each State, the status of skills testing for applicants for a commercial driver’s li- cense, including— ‘‘(A) the average wait time from the date an ap- plicant requests to take a skills test to the date the applicant has the opportunity to complete such test; ‘‘(B) the average wait time from the date an ap- plicant, upon failure of a skills test, requests a retest to the date the applicant has the opportunity to complete such retest; ‘‘(C) the actual number of qualified commercial driver’s license examiners available to test appli- cants; and ‘‘(D) the number of testing sites available through the State department of motor vehicles and whether this number has increased or decreased from the previous year; and ‘‘(2) describes specific steps that the Administrator is taking to address skills testing delays in States that have average skills test or retest wait times of more than 7 days from the date an applicant requests to test or retest to the date the applicant has the op- portunity to complete such test or retest.’’ HAZARDOUS MATERIALS ENDORSEMENT EXEMPTION Pub. L. 114–94, div. A, title VII, § 7208, Dec. 4, 2015, 129 Stat. 1593, provided that: ‘‘The Secretary [of Transpor- Page 895 TITLE 49—TRANSPORTATION § 31305 tation] shall allow a State, at the discretion of the State, to waive the requirement for a holder of a Class A commercial driver’s license to obtain a hazardous materials endorsement under part 383 of title 49, Code of Federal Regulations, if the license holder— ‘‘(1) is acting within the scope of the license hold- er’s employment as an employee of a custom har- vester operation, agrichemical business, farm retail outlet and supplier, or livestock feeder; and ‘‘(2) is operating a service vehicle that is— ‘‘(A) transporting diesel in a quantity of 3,785 li- ters (1,000 gallons) or less; and ‘‘(B) clearly marked with a ‘flammable’ or ‘com- bustible’ placard, as appropriate.’’ COMMERCIAL MOTOR VEHICLE OPERATOR REQUIREMENTS RELATING TO SLEEP DISORDERS Pub. L. 113–45, § 1, Oct. 15, 2013, 127 Stat. 557, provided that: ‘‘(a) IN GENERAL.—The Secretary of Transportation may implement or enforce a requirement providing for the screening, testing, or treatment (including consid- eration of all possible treatment alternatives) of indi- viduals operating commercial motor vehicles for sleep disorders only if the requirement is adopted pursuant to a rulemaking proceeding. ‘‘(b) APPLICABILITY.—Subsection (a) shall not apply to a requirement that was in force before September 1, 2013. ‘‘(c) SLEEP DISORDERS DEFINED.—In this section, the term ‘sleep disorders’ includes obstructive sleep apnea.’’ OPERATION OF COMMERCIAL MOTOR VEHICLES BY INDI- VIDUALS WHO USE INSULIN TO TREAT DIABETES MELLITUS Pub. L. 109–59, title IV, § 4129, Aug. 10, 2005, 119 Stat. 1742, provided that: ‘‘(a) REVISION OF FINAL RULE.—Not later than 90 days after the date of the enactment of this Act [Aug. 10, 2005], the Secretary [of Transportation] shall begin re- vising the final rule published in the Federal Register on September 3, 2003, relating to persons with diabetes, to allow individuals who use insulin to treat their dia- betes to operate commercial motor vehicles in inter- state commerce. The revised final rule shall provide for the individual assessment of applicants who use insulin to treat their diabetes and who are, except for their use of insulin, otherwise qualified under the Federal motor carrier safety regulations. The revised final rule shall be consistent with the criteria described in section 4018 of the Transportation Equity Act for the 21st Century [Pub. L. 105–178] (49 U.S.C. 31305 note) and shall con- clude the rulemaking process in the Federal Motor Car- rier Safety Administration docket relating to quali- fications of drivers with diabetes. ‘‘(b) NO PERIOD OF COMMERCIAL DRIVING WHILE USING INSULIN REQUIRED FOR QUALIFICATION.—After the ear- lier of the date of issuance of the revised final rule under subsection (a) or the 90th day following the date of enactment of this Act [Aug. 10, 2005], the Secretary may not require individuals with insulin-treated diabe- tes mellitus who are applying for an exemption from the physical qualification standards to have experience operating commercial motor vehicles while using insu- lin in order to be exempted from the physical qualifica- tion standards to operate a commercial motor vehicle in interstate commerce. ‘‘(c) MINIMUM PERIOD OF INSULIN USE.—Subject to subsection (b), the Secretary shall require individuals with insulin-treated diabetes mellitus to have a min- imum period of insulin use to demonstrate stable con- trol of diabetes before operating a commercial motor vehicle in interstate commerce. Such demonstration shall be consistent with the findings reported in July 2000, by the expert medical panel established by the Secretary, in ‘A Report to Congress on the Feasibility of a Program to Qualify Individuals with Insulin-Treat- ed Diabetes Mellitus to Operate Commercial Motor Ve- hicles in Interstate Commerce as Directed by the Transportation Equity Act for the 21st Century’. For individuals who have been newly diagnosed with type 1 diabetes, the minimum period of insulin use may not exceed 2 months, unless directed by the treating physi- cian. For individuals who have type 2 diabetes and are converting to insulin use, the minimum period of insu- lin use may not exceed 1 month, unless directed by the treating physician. ‘‘(d) LIMITATIONS.—Insulin-treated individuals may not be held by the Secretary to a higher standard of physical qualification in order to operate a commercial motor vehicle in interstate commerce than other indi- viduals applying to operate, or operating, a commercial motor vehicle in interstate commerce; except to the ex- tent that limited operating, monitoring, and medical requirements are deemed medically necessary under regulations issued by the Secretary.’’ CDL SCHOOL BUS ENDORSEMENT Pub. L. 106–159, title II, § 214, Dec. 9, 1999, 113 Stat. 1766, provided that: ‘‘The Secretary shall conduct a rulemaking to establish a special commercial driver’s license endorsement for drivers of school buses. The en- dorsement shall, at a minimum— ‘‘(1) include a driving skills test in a school bus; and ‘‘(2) address proper safety procedures for— ‘‘(A) loading and unloading children; ‘‘(B) using emergency exits; and ‘‘(C) traversing highway rail grade crossings.’’ MEDICAL CERTIFICATE Pub. L. 106–159, title II, § 215, Dec. 9, 1999, 113 Stat. 1767, provided that: ‘‘The Secretary shall initiate a rulemaking to provide for a Federal medical qualifica- tion certificate to be made a part of commercial driv- er’s licenses.’’ INSULIN TREATED DIABETES MELLITUS Pub. L. 105–178, title IV, § 4018, June 9, 1998, 112 Stat. 413, provided that: ‘‘(a) DETERMINATION.—Not later than 18 months after the date of enactment of this Act [June 9, 1998], the Secretary [of Transportation] shall determine whether a practicable and cost-effective screening, operating, and monitoring protocol could likely be developed for insulin treated diabetes mellitus individuals who want to operate commercial motor vehicles in interstate commerce that would ensure a level of safety equal to or greater than that achieved with the current prohibi- tion on individuals with insulin treated diabetes mellitus driving such vehicles. ‘‘(b) COMPILATION AND EVALUATION.—Prior to making the determination in subsection (a), the Secretary shall compile and evaluate research and other information on the effects of insulin treated diabetes mellitus on driving performance. In preparing the compilation and evaluation, the Secretary shall, at a minimum— ‘‘(1) consult with States that have developed and are implementing a screening process to identify in- dividuals with insulin treated diabetes mellitus who may obtain waivers to drive commercial motor vehi- cles in intrastate commerce; ‘‘(2) evaluate the Department’s policy and actions to permit certain insulin treated diabetes mellitus individuals who meet selection criteria and who suc- cessfully comply with the approved monitoring pro- tocol to operate in other modes of transportation; ‘‘(3) assess the possible legal consequences of per- mitting insulin treated diabetes mellitus individuals to drive commercial motor vehicles in interstate commerce; ‘‘(4) analyze available data on the safety perform- ance of diabetic drivers of motor vehicles; ‘‘(5) assess the relevance of intrastate driving and experiences of other modes of transportation to inter- state commercial motor vehicle operations; and ‘‘(6) consult with interested groups knowledgeable about diabetes and related issues. Page 896 TITLE 49—TRANSPORTATION § 31306 ‘‘(c) REPORT TO CONGRESS.—If the Secretary deter- mines that no protocol described in subsection (a) could likely be developed, the Secretary shall report to Congress the basis for such determination. ‘‘(d) INITIATION OF RULEMAKING.—If the Secretary de- termines that a protocol described in subsection (a) could likely be developed, the Secretary shall report to Congress a description of the elements of such protocol and shall promptly initiate a rulemaking proceeding to implement such protocol.’’ PERFORMANCE-BASED CDL TESTING Pub. L. 105–178, title IV, § 4019, June 9, 1998, 112 Stat. 414, provided that: ‘‘(a) REVIEW.—Not later than 1 year after the date of enactment of this Act [June 9, 1998], the Secretary [of Transportation] shall complete a review of the proce- dures established and implemented by States under section 31305 of title 49, United States Code, to deter- mine if the current system for testing is an accurate measure and reflection of an individual’s knowledge and skills as an operator of a commercial motor vehicle and to identify methods to improve testing and licens- ing standards, including identifying the benefits and costs of a graduated licensing system. ‘‘(b) REGULATIONS.—The Secretary may issue regula- tions under section 31305 of title 49, United States Code, reflecting the results of the review.’’ DRIVER FATIGUE Pub. L. 105–178, title IV, § 4021, June 9, 1998, 112 Stat. 414, provided that: ‘‘(a) TECHNOLOGIES TO REDUCE FATIGUE OF COMMER- CIAL MOTOR VEHICLE OPERATORS.— ‘‘(1) DEVELOPMENT OF TECHNOLOGIES.—As part of the activities of the Secretary [of Transportation] relat- ing to the fatigue of commercial motor vehicle opera- tors, the Secretary shall encourage the research, de- velopment, and demonstration of technologies that may aid in reducing such fatigue. ‘‘(2) MATTERS TO BE TAKEN INTO ACCOUNT.—In car- rying out paragraph (1), the Secretary shall take into account— ‘‘(A) the degree to which the technology will be cost efficient; ‘‘(B) the degree to which the technology can be ef- fectively used in diverse climatic regions of the Na- tion; and ‘‘(C) the degree to which the application of the technology will further emissions reductions, en- ergy conservation, and other transportation goals. ‘‘(3) FUNDING.—The Secretary may use amounts made available under section 5001(a)(2) of this Act [112 Stat. 419]. ‘‘(b) NONSEDATING MEDICATIONS.—The Secretary shall review available information on the effects of medica- tions (including antihistamines) on driver fatigue, awareness, and performance and shall consider encour- aging, if appropriate, the use of nonsedating medica- tions (including nonsedating antihistamines) as a means of reducing the adverse effects of the use of other medications by drivers.’’ § 31306. Alcohol and controlled substances test- ing (a) DEFINITION.—In this section and section 31306a, ‘‘controlled substance’’ means any sub- stance under section 102 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 802) specified by the Secretary of Transportation. (b) TESTING PROGRAM FOR OPERATORS OF COM- MERCIAL MOTOR VEHICLES.—(1)(A) In the interest of commercial motor vehicle safety, the Sec- retary of Transportation shall prescribe regula- tions that establish a program requiring motor carriers to conduct preemployment, reasonable suspicion, random, and post-accident testing of operators of commercial motor vehicles for the use of a controlled substance in violation of law or a United States Government regulation and to conduct reasonable suspicion, random, and post-accident testing of such operators for the use of alcohol in violation of law or a United States Government regulation. (B) The regulations prescribed under subpara- graph (A) shall permit motor carriers— (i) to conduct preemployment testing of commercial motor vehicle operators for the use of alcohol; and (ii) to use hair testing as an acceptable al- ternative to urine testing— (I) in conducting preemployment testing for the use of a controlled substance; and (II) in conducting random testing for the use of a controlled substance if the operator was subject to hair testing for preemploy- ment testing. (C) When the Secretary of Transportation con- siders it appropriate in the interest of safety, the Secretary may prescribe regulations for con- ducting periodic recurring testing of operators of commercial motor vehicles for the use of al- cohol or a controlled substance in violation of law or a Government regulation. (2) In prescribing regulations under this sub- section, the Secretary of Transportation— (A) shall require that post-accident testing of an operator of a commercial motor vehicle be conducted when loss of human life occurs in an accident involving a commercial motor ve- hicle; (B) may require that post-accident testing of such an operator be conducted when bodily in- jury or significant property damage occurs in any other serious accident involving a com- mercial motor vehicle; and (C) shall provide an exemption from hair testing for commercial motor vehicle opera- tors with established religious beliefs that prohibit the cutting or removal of hair. (c) TESTING AND LABORATORY REQUIREMENTS.— In carrying out subsection (b) of this section, the Secretary of Transportation shall develop requirements that shall— (1) promote, to the maximum extent prac- ticable, individual privacy in the collection of specimens; (2) for laboratories and testing procedures for controlled substances, incorporate the De- partment of Health and Human Services sci- entific and technical guidelines dated April 11, 1988, and any amendments to those guidelines, for urine testing, and technical guidelines for hair testing, including mandatory guidelines establishing— (A) comprehensive standards for every as- pect of laboratory controlled substances testing and laboratory procedures to be ap- plied in carrying out this section, including standards requiring the use of the best avail- able technology to ensure the complete reli- ability and accuracy of controlled sub- stances tests and strict procedures gov- erning the chain of custody of specimens col- lected for controlled substances testing; (B) the minimum list of controlled sub- stances for which individuals may be tested;