49 U.S.C. § 31309 — Commercial driver’s license information

Page 904 TITLE 49—TRANSPORTATION § 31309 L. 110–244, set out as a note under section 101 of Title 23, Highways. DEADLINE FOR ISSUANCE OF REGULATIONS Pub. L. 105–178, title IV, § 4011(c)(2), June 9, 1998, 112 Stat. 407, provided that: ‘‘Not later than 180 days after the date of enactment of this Act [June 9, 1998], the Secretary [of Transportation] shall issue regulations to carry out the amendment made by paragraph (1) [amending this section].’’ COMMERCIAL LEARNER’S PERMIT FOR INDIVIDUALS UNDER AGE 18 Pub. L. 114–113, div. L, title I, § 132, Dec. 18, 2015, 129 Stat. 2850, provided that: ‘‘None of the funds limited or otherwise made available under this Act, or any other Act, hereafter, shall be used by the Secretary to en- force any regulation prohibiting a State from issuing a commercial learner’s permit to individuals under the age of eighteen if the State had a law authorizing the issuance of commercial learner’s permits to individuals under eighteen years of age as of May 9, 2011.’’ § 31309. Commercial driver’s license information system (a) GENERAL REQUIREMENT.—The Secretary of Transportation (referred to in this section as the ‘‘Secretary’’) shall maintain an information system (referred to in this section as the ‘‘infor- mation system’’) that will serve as a clearing- house and depository of information about the licensing, identification, and disqualification of operators of commercial motor vehicles. The in- formation system shall be coordinated with ac- tivities carried out under section 31106. The Sec- retary shall consult with the States in carrying out this section. (b) CONTENTS.— (1) IN GENERAL.—At a minimum, the infor- mation system shall include for each operator of a commercial motor vehicle— (A) information the Secretary considers appropriate to ensure identification of the operator; (B) the name, address, and physical de- scription of the operator; (C) the social security account number of the operator or other number or information the Secretary considers appropriate to iden- tify the operator; (D) the name of the State that issued the license or learner’s permit to the operator; (E) the dates between which the license or learner’s permit is valid; and (F) whether the operator had a commercial motor vehicle driver’s license or learner’s permit revoked, suspended, or canceled by a State, lost the right to operate a commer- cial motor vehicle in a State for any period, or has been disqualified from operating a commercial motor vehicle. (2) REQUIREMENT.—The information system must accommodate any unique identifiers re- quired to minimize fraud or duplication of a commercial driver’s license or learner’s per- mit under section 31308(3). (c) AVAILABILITY OF INFORMATION.—Informa- tion in the information system shall be made available and subject to review and correction in accordance with the policy developed under sec- tion 31106(e). (d) AUTHORIZED OPERATOR.—The Secretary may authorize a qualified entity (referred to in this section as the ‘‘authorized operator’’)— (1) to operate, maintain, develop, modernize, and enhance the information system; and (2) to collect fees on behalf of the Secretary in accordance with subsection (e); and (3) to use any fees collected in accordance with that subsection. (e) FEE SYSTEM.— (1) IN GENERAL.—The Secretary or the au- thorized operator, as applicable, may charge a reasonable fee for use of the information sys- tem. (2) AMOUNT OF FEES.—The total amount of fees collected under this subsection shall equal, as nearly as possible, the total amount necessary for the purposes and uses described in paragraph (3)(B). (3) USE OF FEES.—Fees collected under this subsection shall— (A) be credited to— (i) an appropriation account; or (ii) an account designated by the author- ized operator; and (B) be available only for the purposes of operating, maintaining, developing, modern- izing, or enhancing, or any other use relat- ing to, the information system, including for personnel and administration costs relating to the information system. (4) AVAILABILITY OF AMOUNTS.—Fees col- lected under this subsection shall remain available until expended for a purpose or use described in paragraph (3)(B). (5) AUTHORIZED OPERATOR.—If the Secretary designates an authorized operator under sub- section (d)— (A) the Secretary shall not be charged a fee for access to, use of, or data in the infor- mation system; and (B) the Secretary shall have access to fee statements on a quarterly basis. (f) MODERNIZATION PLAN.— (1) IN GENERAL.—Not later than 120 days after the date of enactment of this subsection, the Secretary shall develop and publish a com- prehensive national plan to modernize the in- formation system that— (A) complies with applicable Federal infor- mation technology security standards; (B) provides for the electronic exchange of all information including the posting of con- victions; (C) contains self auditing features to en- sure that data is being posted correctly and consistently by the States; (D) integrates the commercial driver’s li- cense and the medical certificate; and (E) provides a schedule for modernization of the information system. (2) CONSULTATION.—The plan shall be devel- oped in consultation with representatives of the motor carrier industry, State safety en- forcement agencies, and State licensing agen- cies designated by the Secretary. (3) STATE FUNDING OF FUTURE EFFORTS.—The plan shall specify that States will fund future efforts to modernize the information system. (4) DEADLINE FOR STATE PARTICIPATION.— (A) IN GENERAL.—The plan shall specify— (i) a date by which all States shall be op- erating commercial driver’s license infor- Page 905 TITLE 49—TRANSPORTATION § 31309 mation systems that are compatible with the modernized information system under this section; and (ii) that States must use the systems to receive and submit conviction and dis- qualification data. (B) FACTORS TO CONSIDER.—In establishing the date under subparagraph (A), the Sec- retary shall consider the following: (i) Availability and cost of technology and equipment needed to comply with sub- paragraph (A). (ii) Time necessary to install, and test the operation of, such technology and equipment. (5) IMPLEMENTATION.—The Secretary shall implement the plan developed under sub- section (a) and modernize the information sys- tem to meet the requirements of the plan. (g) FUNDING.—At the Secretary’s discretion, a State may use, subject to subsections (a)(2) and (b) of section 31313, the funds made available to the State under that section to modernize its commercial driver’s license information system to be compatible with the modernized informa- tion system under this section. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1020; Pub. L. 105–178, title IV, § 4011(d), June 9, 1998, 112 Stat. 407; Pub. L. 109–59, title IV, §§ 4122(2)(E), 4123(a), Aug. 10, 2005, 119 Stat. 1734; Pub. L. 110–244, title III, § 301(h), June 6, 2008, 122 Stat. 1616; Pub. L. 112–141, div. C, title II, §§ 32305(a), 32933(e), July 6, 2012, 126 Stat. 792, 830; Pub. L. 118–156, § 2(a), Dec. 17, 2024, 138 Stat. 1716.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 31309(a) ...... 49 App.:2706(a). Oct. 27, 1986, Pub. L. 99–570, § 12007, 100 Stat. 3207–175. 31309(b) ...... 49 App.:2706(b). 31309(c) ...... 49 App.:2706(c). 31309(d)(1) .. 49 App.:2706(d). 31309(d)(2) .. 49 App.:2706 (note). Nov. 18, 1988, Pub. L. 100–690, § 9105(a), 102 Stat. 4530. 31309(e) ...... 49 App.:2706(e). 31309(f) ....... 49 App.:2706(f), (g). 49 App.:2706 (note). Nov. 18, 1988, Pub. L. 100–690, § 9105(b), 102 Stat. 4530. In subsection (a), the words ‘‘Not later than January 1, 1989’’ are omitted as obsolete. The words ‘‘shall con- sult with’’ are substituted for ‘‘consult’’ for clarity. In subsection (b), the text of 49 App.:2706(b)(1) is omit- ted as executed. The words ‘‘utilizing such system’’ are omitted as surplus. In subsection (f), the text of 49 App.:2706(g) and sec- tion 9105(b) of the Anti-Drug Abuse Act of 1988 (Public Law 100–690, 102 Stat. 4530) is omitted as obsolete. Editorial Notes REFERENCES IN TEXT The date of enactment of this subsection, referred to in subsec. (f)(1), is the date of enactment of Pub. L. 109–59, which was approved Aug. 10, 2005. AMENDMENTS 2024—Subsec. (a). Pub. L. 118–156, § 2(a)(1), inserted ‘‘(referred to in this section as the ‘Secretary’)’’ after ‘‘Secretary of Transportation’’, ‘‘(referred to in this section as the ‘information system’)’’ after ‘‘an infor- mation system’’, and ‘‘information’’ before ‘‘system shall be coordinated’’. Subsec. (b)(1). Pub. L. 118–156, § 2(a)(2)(A), inserted heading, struck out ‘‘under this section’’ after ‘‘infor- mation system’’ in introductory provisions, and re- aligned margins of subpars. (A) to (F). Subsec. (b)(2). Pub. L. 118–156, § 2(a)(2)(B), inserted heading and struck out ‘‘under this section’’ after ‘‘in- formation system’’. Subsec. (d). Pub. L. 118–156, § 2(a)(6), added subsec. (d) and struck out former subsec. (d). Prior to amendment, text read as follows: ‘‘The Secretary may establish a fee system for using the information system. Fees col- lected under this subsection in a fiscal year shall equal as nearly as possible the costs of operating the infor- mation system in that fiscal year. The Secretary shall deposit fees collected under this subsection in the Highway Trust Fund (except the Mass Transit Ac- count).’’ Subsec. (e). Pub. L. 118–156, § 2(a)(6), added subsec. (e). Former subsec. (e) redesignated (f). Subsec. (e)(1). Pub. L. 118–156, § 2(a)(3)(A)(i), struck out ‘‘under this section’’ after ‘‘the information sys- tem’’ in introductory provisions. Subsec. (e)(1)(E). Pub. L. 118–156, § 2(a)(3)(A)(ii), in- serted ‘‘information’’ after ‘‘of the’’. Subsec. (e)(3). Pub. L. 118–156, § 2(a)(3)(B), struck out ‘‘commercial driver’s’’ before ‘‘information system’’. Subsec. (e)(5). Pub. L. 118–156, § 2(a)(3)(C), struck out ‘‘under this section’’ after ‘‘information system’’. Subsec. (f). Pub. L. 118–156, § 2(a)(5), redesignated sub- sec. (e) as (f). Former subsec. (f) redesignated (g). Subsec. (g). Pub. L. 118–156, § 2(a)(4), (5), redesignated subsec. (f) as (g) and substituted ‘‘subsections (a)(2) and (b) of section 31313’’ for ‘‘section 31313(a)’’ and ‘‘that section’’ for ‘‘section 31313’’. 2012—Subsec. (b)(2). Pub. L. 112–141, § 32933(e), sub- stituted ‘‘section 31308(3)’’ for ‘‘section 31308(2)’’. Subsec. (e)(4)(A). Pub. L. 112–141, § 32305(a)(1), amend- ed subpar. (A) generally. Prior to amendment, text read as follows: ‘‘The Secretary shall establish in the plan a date by which all States must be operating commercial driver’s license information systems that are compat- ible with the modernized information system under this section.’’ Subsec. (f). Pub. L. 112–141, § 32305(a)(2), substituted ‘‘use, subject to section 31313(a),’’ for ‘‘use’’. 2008—Subsec. (f). Pub. L. 110–244 substituted ‘‘31313’’ for ‘‘31318’’. 2005—Subsec. (b)(1)(D) to (F), (2). Pub. L. 109–59, § 4122(2)(E), inserted ‘‘or learner’s permit’’ after ‘‘li- cense’’. Subsecs. (e), (f). Pub. L. 109–59, § 4123(a), added sub- secs. (e) and (f). 1998—Subsec. (a). Pub. L. 105–178, § 4011(d)(1), (2), sub- stituted ‘‘maintain an information system’’ for ‘‘make an agreement under subsection (b) of this section for the operation of, or establish under subsection (c) of this section, an information system’’ and inserted ‘‘The system shall be coordinated with activities carried out under section 31106.’’ before ‘‘The Secretary shall con- sult’’. Subsec. (b). Pub. L. 105–178, § 4011(d)(3), (8), redesig- nated subsec. (d) as (b) and struck out heading and text of former subsec. (b). Text read as follows: ‘‘If the Sec- retary decides that an information system used by a State or States about the driving status of operators of motor vehicles or another State-operated information system could be used to carry out this section, and the State or States agree to the use of the system for car- rying out this section, the Secretary may make an agreement with the State or States to use the system as provided in this section and section 31311(c) of this title. An agreement made under this subsection shall contain terms the Secretary considers necessary to carry out this chapter.’’ Subsec. (c). Pub. L. 105–178, § 4011(d)(3), (8), redesig- nated subsec. (e) as (c) and struck out heading and text of former subsec. (c). Text read as follows: ‘‘If the Sec- retary does not make an agreement under subsection (b) of this section, the Secretary shall establish an in- formation system about the driving status and licens- ing of operators of commercial motor vehicles as pro- vided in this section.’’ Page 906 TITLE 49—TRANSPORTATION § 31310 Subsec. (d). Pub. L. 105–178, § 4011(d)(8), redesignated subsec. (f) as (d). Former subsec. (d) redesignated (b). Subsec. (d)(2). Pub. L. 105–178, § 4011(d)(4), added par. (2) and struck out former par. (2) which read as follows: ‘‘Not later than December 31, 1990, the Secretary shall prescribe regulations on minimum uniform standards for a biometric identification system to ensure the identification of operators of commercial motor vehi- cles.’’ Subsec. (e). Pub. L. 105–178, § 4011(d)(8), redesignated subsec. (e) as (c). Pub. L. 105–178, § 4011(d)(5), added subsec. (e) and struck out heading and text of former subsec. (e). Text read as follows: ‘‘(1) On request of a State, the Secretary or the oper- ator of the information system, as the case may be, may make available to the State information in the in- formation system under this section. ‘‘(2) On request of an employee, the Secretary or the operator of the information system, as the case may be, may make available to the employee information in the information system about the employee. ‘‘(3) On request of an employer or prospective em- ployer of an employee and after notification to the em- ployee, the Secretary or the operator of the informa- tion system, as the case may be, may make available to the employer or prospective employer information in the information system about the employee. ‘‘(4) On the request of the Secretary, the operator of the information system shall make available to the Secretary information about the driving status and li- censing of operators of commercial motor vehicles (in- cluding information required by subsection (d)(1) of this section).’’ Subsec. (f). Pub. L. 105–178, § 4011(d)(8), redesignated subsec. (f) as (d). Pub. L. 105–178, § 4011(d)(6), (7), substituted ‘‘The Sec- retary may establish’’ for ‘‘If the Secretary establishes an information system under this section, the Sec- retary shall establish’’. 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. GRANTS FOR MODERNIZATION OF COMMERCIAL DRIVER’S LICENSE INFORMATION SYSTEMS Pub. L. 109–59, title IV, § 4123(c)–(e), Aug. 10, 2005, 119 Stat. 1735, 1736, as amended by Pub. L. 111–147, title IV, § 422(f), Mar. 18, 2010, 124 Stat. 87; Pub. L. 111–322, title II, § 2202(f), Dec. 22, 2010, 124 Stat. 3525; Pub. L. 112–5, title II, § 202(f), Mar. 4, 2011, 125 Stat. 17, provided that: ‘‘(c) GRANTS.— ‘‘(1) IN GENERAL.—The Secretary [of Transpor- tation] may make a grant to a State or organization representing agencies and officials of a State in a fis- cal year to modernize the commercial driver’s license information system of the State to be compatible with the modernized commercial driver’s license in- formation system under section 31309 of title 49, United States Code, if the State is in substantial compliance with the requirements of section 31311 of such title and this section, as determined by the Sec- retary. ‘‘(2) CRITERIA.—The Secretary shall establish cri- teria for the distribution of grants and notify each State annually of such criteria. ‘‘(3) USE OF GRANT.—A State may use a grant under this subsection only to implement improvements that are consistent with the modernization plan de- veloped by the Secretary. ‘‘(4) GOVERNMENT SHARE.—A grant under this sub- section to a State or organization may not be for more than 80 percent of the costs incurred by the State or organization in a fiscal year in modernizing the commercial driver’s license information system of the State to be compatible with the modernized commercial driver’s license information system under section 31309 of title 49, United States Code. In determining these costs, the Secretary shall include in-kind contributions of the State. ‘‘(d) FUNDING.—There are authorized to be appro- priated from the Highway Trust Fund (other than the Mass Transit Account) to carry out this section— ‘‘(1) $5,000,000 for fiscal year 2006; ‘‘(2) $7,000,000 for fiscal year 2007; ‘‘(3) $8,000,000 for fiscal year 2008; ‘‘(4) $8,000,000 for fiscal year 2009; ‘‘(5) $8,000,000 for fiscal year 2010; and ‘‘(6) $8,000,000 for fiscal year 2011. ‘‘(e) CONTRACT AUTHORITY AND AVAILABILITY.— ‘‘(1) PERIOD OF AVAILABILITY.—The amounts made available under subsection (d) shall remain available until expended. ‘‘(2) INITIAL DATE OF AVAILABILITY.—Amounts au- thorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) by sub- section (d) shall be available for obligation on the date of their apportionment or allocation or on Octo- ber 1 of the fiscal year for which they are authorized, whichever occurs first. ‘‘(3) CONTRACT AUTHORITY.—Approval by the Sec- retary of a grant with funds made available under subsection (d) imposes upon the United States a con- tractual obligation for payment of the Government’s share of costs incurred in carrying out the objectives of the grant.’’ IMPROVED FLOW OF DRIVER HISTORY PILOT PROGRAM Pub. L. 105–178, title IV, § 4022, June 9, 1998, 112 Stat. 415, provided that: ‘‘(a) PILOT PROGRAM.— ‘‘(1) IN GENERAL.—The Secretary [of Transpor- tation] shall carry out a pilot program in cooperation with 1 or more States to improve upon the timely ex- change of pertinent driver performance and safety records data to motor carriers. ‘‘(2) PURPOSE.—The purpose of the program shall be to— ‘‘(A) determine to what extent driver performance records data, including relevant fines, penalties, and failures to appear for a hearing or trial, should be included as part of any information systems under the Department of Transportation’s over- sight; ‘‘(B) assess the feasibility, costs, safety impact, pricing impact, and benefits of record exchanges; and ‘‘(C) assess methods for the efficient exchange of driver safety data available from existing State in- formation systems and sources. ‘‘(3) COMPLETION DATE.—The pilot program shall end on the last day of the 18-month period beginning on the date of initiation of the pilot program. ‘‘(b) RULEMAKING.—After completion of the pilot pro- gram, the Secretary shall initiate, if appropriate, a rulemaking to revise the information system under section 31309 of title 49, United States Code, to take into account the results of the pilot program.’’ § 31310. Disqualifications (a) BLOOD ALCOHOL CONCENTRATION LEVEL.—In this section, the blood alcohol concentration level at or above which an individual when oper- ating a commercial motor vehicle is deemed to be driving under the influence of alcohol is .04 percent. (b) FIRST VIOLATION OR COMMITTING FELONY.— (1) Except as provided in paragraph (2) of this subsection and subsection (c) of this section, the Secretary of Transportation shall disqualify from operating a commercial motor vehicle for at least one year an individual—