49 U.S.C. § 31701 — Definitions

Page 923 TITLE 49—TRANSPORTATION § 31701 agency, or instrumentality of the Government and each organization of motor carriers having special knowledge of a matter being inves- tigated. (b) USE OF SERVICES.—In carrying out this chapter, the Secretary may use the services of a department, agency, or instrumentality of the Government having special knowledge about safety, to conduct scientific and technical re- search, investigation, and testing when nec- essary to promote safety of operation and equip- ment of motor vehicles. The Secretary may re- imburse the department, agency, or instrumen- tality for the services provided. (Pub. L. 97–449, Jan. 12, 1983, 96 Stat. 2439, § 3103; renumbered § 31503 and amended Pub. L. 103–272, § 1(c), (e), July 5, 1994, 108 Stat. 745, 1030; Pub. L. 104–88, title III, § 308(k)(4), Dec. 29, 1995, 109 Stat. 948.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 3103(a) ........ 49:325. Feb. 4, 1887, ch. 104, 24 Stat. 379, § 226; added Aug. 9, 1935, ch. 498, 49 Stat. 566; Sept. 18, 1940, ch. 722, § 26(b), 54 Stat. 929. 49:1655(e)(6)(B). Oct. 15, 1966, Pub. L. 89–670, § 6(e)(6)(B), (C), 80 Stat. 939. 3103(b) ........ 49:304(a)(5). Feb. 4, 1887, ch. 104, 24 Stat. 379, § 204(a)(5); added Aug. 9, 1935, ch. 498, 49 Stat. 546. 49:1655(e)(6)(C). In subsection (a), the words ‘‘subject to subchapter II of chapter 105 of this title’’ are added for clarity. The word ‘‘services’’ is substituted for ‘‘assistance’’ for con- sistency. The words ‘‘department, agency, or instru- mentality of the United States Government’’ are sub- stituted for ‘‘departments or bureaus of the Govern- ment’’ for consistency. In subsection (b), the words ‘‘In carrying out this chapter’’ are substituted for ‘‘For the purpose of car- rying out the provisions pertaining to safety’’ to elimi- nate unnecessary words. The words ‘‘department . . . or instrumentality’’ are added for consistency. The word ‘‘reimburse’’ is substituted for ‘‘transfer . . . such funds’’ for consistency. The words ‘‘as may be nec- essary and available to make this provision effective’’ are omitted as unnecessary because of the restatement. Editorial Notes AMENDMENTS 1995—Subsec. (a). Pub. L. 104–88 substituted ‘‘sub- chapter I of chapter 135’’ for ‘‘subchapter II of chapter 105’’. 1994—Pub. L. 103–272 renumbered section 3103 of this title as this section and amended it generally, restating it without substantive change. 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. § 31504. Identification of motor vehicles (a) GENERAL AUTHORITY.—The Secretary of Transportation may— (1) issue and require the display of an identi- fication plate on a motor vehicle used in transportation provided by a motor private carrier and a motor carrier of migrant work- ers subject to section 31502(c) of this title, ex- cept a motor contract carrier; and (2) require each of those motor private car- riers and motor carriers of migrant workers to pay the reasonable cost of the plate. (b) LIMITATION.—A motor private carrier or a motor carrier of migrant workers may use an identification plate only as authorized by the Secretary. (Pub. L. 97–449, Jan. 12, 1983, 96 Stat. 2439, § 3104; renumbered § 31504 and amended Pub. L. 103–272, § 1(c), (e), July 5, 1994, 108 Stat. 745, 1030.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 3104(a) ........ 49:304(a)(3) (last sen- tence) (related to ‘‘Sec. 324’’). Feb. 4, 1887, ch. 104, 24 Stat. 379, § 204(a)(3) (last sen- tence) (related to ‘‘Sec. 224’’); added Aug. 9, 1935, ch. 498, 49 Stat. 546. 49:304(a)(3a) (last sentence) (related to ‘‘Sec. 324’’). Feb. 4, 1887, ch. 104, 24 Stat. 379, § 204(a)(3a) (last sen- tence) (related to ‘‘Sec. 224’’); added Aug. 3, 1956, ch. 905, § 2, 70 Stat. 958. 49:1655(e)(6)(D) (re- lated to ‘‘Sec. 324’’). Oct. 15, 1966, Pub. L. 89–670, § 6(e)(6)(D) (related to ‘‘Sec. 224’’), 80 Stat. 940. 3104(b) ........ 49:304(a)(3) (last sen- tence) (related to ‘‘Sec. 324’’). 49:304(a)(3a) (last sentence) (related to ‘‘Sec. 324’’). 49:l655(e)(6)(D) (re- lated to ‘‘Sec. 324’’). The section is included to reflect the text of former 49:324 (related to motor private carriers and motor car- riers of migrant workers) which is incorporated in the revised title by cross-reference. Editorial Notes AMENDMENTS 1994—Pub. L. 103–272 renumbered section 3104 of this title as this section and amended it generally, restating it without substantive change. CHAPTER 317—PARTICIPATION IN INTER- NATIONAL REGISTRATION PLAN AND INTERNATIONAL FUEL TAX AGREEMENT Sec. 31701. Definitions. [31702, 31703. Repealed.] 31704. Vehicle registration. 31705. Fuel use tax. 31706. Enforcement. 31707. Limitations on statutory construction. [31708. Repealed.] Editorial Notes AMENDMENTS 1998—Pub. L. 105–178, title IV, § 4013, June 9, 1998, 112 Stat. 409, struck out items 31702 ‘‘Working group’’, 31703 ‘‘Grants’’, and 31708 ‘‘Authorization of appropriations’’. § 31701. Definitions In this chapter— (1) ‘‘commercial motor vehicle’’, with re- spect to— (A) the International Registration Plan, has the same meaning given the term ‘‘apportionable vehicle’’ under the Plan; and (B) the International Fuel Tax Agreement, has the same meaning given the term Page 924 TITLE 49—TRANSPORTATION [§§ 31702, 31703 ‘‘qualified motor vehicle’’ under the Agree- ment. (2) ‘‘fuel use tax’’ means a tax imposed on or measured by the consumption of fuel in a motor vehicle. (3) ‘‘International Fuel Tax Agreement’’ means the interstate agreement on collecting and distributing fuel use taxes paid by motor carriers, developed under the auspices of the National Governors’ Association. (4) ‘‘International Registration Plan’’ means the interstate agreement on apportioning ve- hicle registration fees paid by motor carriers, developed by the American Association of Motor Vehicle Administrators. (5) ‘‘Regional Fuel Tax Agreement’’ means the interstate agreement on collecting and distributing fuel use taxes paid by motor car- riers in the States of Maine, Vermont, and New Hampshire. (6) ‘‘State’’ means the 48 contiguous States and the District of Columbia. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1031.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 31701 .......... 49:11506 (note). Dec. 18, 1991, Pub. L. 102–240, § 4008(k), 105 Stat. 2155. Statutory Notes and Related Subsidiaries OPERATION OF TRAILERS Pub. L. 105–277, div. C, title I, § 109, Oct. 21, 1998, 112 Stat. 2681–586, provided that: ‘‘(a) REGISTRATION OF TRAILERS.—A State that re- quires annual registration of container chassis and the apportionment of fees for such registrations in accord- ance with the International Registration Plan (as de- fined under section 31701 of title 49, United States Code) shall not limit the operation, or require the registra- tion, in the State of a container chassis (or impose fines or penalties on the operation of a container chas- sis for being operated in the State without a registra- tion issued by the State) if such chassis— ‘‘(1) is registered under the laws of another State; and ‘‘(2) is operating under a trip permit issued by the State. ‘‘(b) LIMITATION ON REGISTRATION OF TRAILERS.—A State described in subsection (a) may not deny the use of trip permits for the operation in the State of a con- tainer chassis that is registered under the laws of an- other State. ‘‘(c) SAFETY REGULATION.—This section shall apply to registration requirements only and shall not affect the ability of the State to regulate for safety. ‘‘(d) PENALTIES.—No State described in subsection (a), political subdivision of such a State, or person may impose or collect any fee, penalty, fine, or other form of damages which is based in whole or in part upon the nonpayment of a State registration fee (including re- lated weight and licensing fees assessed as part of reg- istration) attributable to a container chassis operated in the State (and registered in another State) before the date of enactment of this Act [Oct. 21, 1998], unless it is shown by the State, political subdivision, or per- son that such container chassis was not operated in the State under a trip permit issued by the State. ‘‘(e) CONTAINER CHASSIS DEFINED.—In this section, the term ‘container chassis’ means a trailer, semi-trailer, or auxiliary axle used exclusively for the transpor- tation of ocean shipping containers.’’ [§§ 31702, 31703. Repealed. Pub. L. 105–178, title IV, § 4013, June 9, 1998, 112 Stat. 409] Section 31702, Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1031, related to establishment and purposes of working group of State and local government officials to propose procedures to resolve disputes among States participating in the International Registration Plan and in the International Fuel Tax Agreement. Section 31703, Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1032, related to grants to States and appropriate persons to facilitate participation in the International Registration Plan and in the International Fuel Tax Agreement. § 31704. Vehicle registration After September 30, 1996, a State that is not participating in the International Registration Plan may not establish, maintain, or enforce a commercial motor vehicle registration law, reg- ulation, or agreement that limits the operation in that State of a commercial motor vehicle that is not registered under the laws of the State, if the vehicle is registered under the laws of a State participating in the Plan. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1032.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 31704 .......... 49:11506 (note). Dec. 18, 1991, Pub. L. 102–240, § 4008(f), 105 Stat. 2154. The words ‘‘a State that is not participating in the International Registration Plan may not’’ are sub- stituted for ‘‘no State (other than a State which is par- ticipating in the International Registration Plan) shall’’ for consistency in the revised title and to elimi- nate unnecessary words. § 31705. Fuel use tax (a) REPORTING REQUIREMENTS.—After Sep- tember 30, 1996, a State may establish, maintain, or enforce a law or regulation that has a fuel use tax reporting requirement (including any tax re- porting form) only if the requirement conforms with the International Fuel Tax Agreement. (b) PAYMENT.—After September 30, 1996, a State may establish, maintain, or enforce a law or regulation that provides for the payment of a fuel use tax only if the law or regulation con- forms with the International Fuel Tax Agree- ment as it applies to collection of a fuel use tax by a single base State and proportional sharing of fuel use taxes charged among the States where a commercial motor vehicle is operated. (c) LIMITATION.—If the International Fuel Tax Agreement is amended, a State not partici- pating in the Agreement when the amendment is made is not subject to the conformity require- ments of subsections (a) and (b) of this section in regard to the amendment until after a reason- able time, but not earlier than the expiration of— (1) the 365-day period beginning on the first day that States participating in the Agree- ment are required to comply with the amend- ment; or (2) the 365-day period beginning on the day the relevant office of the State receives writ- ten notice of the amendment from the Sec- retary of Transportation.