49 U.S.C. § 31308 — Commercial driver’s license

Page 903 TITLE 49—TRANSPORTATION § 31308 In subsection (a), the words ‘‘a vehicle consisting’’ are substituted for ‘‘any combination’’ for clarity. The words ‘‘Dwight D. Eisenhower System of Interstate and Defense Highways’’ are substituted for ‘‘National Sys- tem of Interstate and Defense Highways’’ because of the Act of October 15, 1990 (Public Law 101–427, 104 Stat. 927). In subsection (b), the words ‘‘Not later than 60 days after the date of the enactment of this Act, the Sec- retary shall initiate a rulemaking proceeding’’ are omitted as executed. Editorial Notes AMENDMENTS 2015—Subsec. (b). Pub. L. 114–94, § 5508(b)(5), amended Pub. L. 112–141, § 32931(c). See 2012 Amendment note below. 2012—Subsec. (b). Pub. L. 112–141, § 32931(c), as amend- ed by Pub. L. 114–94, § 5508(b)(5), substituted ‘‘The Sec- retary of Transportation shall maintain’’ for ‘‘Not later than December 18, 1994, the Secretary of Transpor- tation shall prescribe’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Pub. L. 114–94, div. A, title V, § 5508(b), Dec. 4, 2015, 129 Stat. 1554, provided that the amendment made by sec- tion 5508(b)(5) is effective as of July 6, 2012, and as if in- cluded in Pub. L. 112–141 as enacted. 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. § 31308. Commercial driver’s license After consultation with the States, the Sec- retary of Transportation shall prescribe regula- tions on minimum uniform standards for the issuance of commercial drivers’ licenses and learner’s permits by the States and for informa- tion to be contained on each of the licenses and permits. The standards shall require at a min- imum that— (1) an individual issued a commercial driv- er’s license— (A) pass written and driving tests for the operation of a commercial motor vehicle that comply with the minimum standards prescribed by the Secretary under section 31305(a); and (B) present certification of completion of driver training that meets the requirements established by the Secretary under section 31305(c); (2) before a commercial driver’s license learner’s permit may be issued to an indi- vidual, the individual must pass a written test, that complies with the minimum stand- ards prescribed by the Secretary under section 31305(a), on the operation of the commercial motor vehicle that the individual will be oper- ating under the permit; (3) the license or learner’s permit be tamperproof to the maximum extent prac- ticable and each license or learner’s permit issued after January 1, 2001, include unique identifiers (which may include biometric iden- tifiers) to minimize fraud and duplication; and (4) the license or learner’s permit contain— (A) the name and address of the individual issued the license or learner’s permit and a physical description of the individual; (B) the social security account number or other number or information the Secretary decides is appropriate to identify the indi- vidual; (C) the class or type of commercial motor vehicle the individual is authorized to oper- ate under the license or learner’s permit; (D) the name of the State that issued the license or learner’s permit; and (E) the dates between which the license or learner’s permit is valid. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1020; Pub. L. 105–178, title IV, § 4011(c)(1), June 9, 1998, 112 Stat. 407; Pub. L. 109–59, title IV, § 4122(2), Aug. 10, 2005, 119 Stat. 1734; Pub. L. 110–244, title III, § 301(g), June 6, 2008, 122 Stat. 1616; Pub. L. 112–141, div. C, title II, § 32304(b), July 6, 2012, 126 Stat. 791.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 31308 .......... 49 App.:2705. Oct. 27, 1986, Pub. L. 99–570, § 12006, 100 Stat. 3207–175. The words ‘‘Not later than July 15, 1988’’ are omitted as obsolete. Editorial Notes AMENDMENTS 2012—Par. (1). Pub. L. 112–141 amended par. (1) gen- erally. Prior to amendment, par. (1) read as follows: ‘‘an individual issued a commercial driver’s license pass written and driving tests for the operation of a commercial motor vehicle that comply with the min- imum standards prescribed by the Secretary under sec- tion 31305(a) of this title;’’. 2008—Pub. L. 110–244 amended Pub. L. 109–59, § 4122(2)(A). See 2005 Amendment note below. 2005—Pub. L. 109–59, § 4122(2)(B), substituted ‘‘the li- censes and permits’’ for ‘‘the licenses’’ in introductory provisions. Pub. L. 109–59, § 4122(2)(A), as amended by Pub. L. 110–244, inserted ‘‘and learner’s permits’’ after ‘‘li- censes’’ in introductory provisions. Par. (2). Pub. L. 109–59, § 4122(2)(D), added par. (2). Former par. (2) redesignated (3). Pars. (3), (4). Pub. L. 109–59, § 4122(2)(C), (E), redesig- nated pars. (2) and (3) as (3) and (4), respectively, and inserted ‘‘or learner’s permit’’ after ‘‘license’’ wherever appearing. 1998—Par. (2). Pub. L. 105–178 inserted before semi- colon ‘‘and each license issued after January 1, 2001, in- clude unique identifiers (which may include biometric identifiers) to minimize fraud and duplication’’. 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. EFFECTIVE DATE OF 2008 AMENDMENT Amendment by Pub. L. 110–244 effective as of the date of enactment of Pub. L. 109–59 (Aug. 10, 2005) and to be treated as included in Pub. L. 109–59 as of that date, and provisions of Pub. L. 109–59, as in effect on the day be- fore June 6, 2008, that are amended by Pub. L. 110–244 to be treated as not enacted, see section 121(b) of Pub. 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-