49 U.S.C. § 31310 — Disqualifications

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— Page 907 TITLE 49—TRANSPORTATION § 31310 1 See References in Text note below. (A) committing a first violation of driving a commercial motor vehicle under the influence of alcohol or a controlled substance; (B) committing a first violation of leaving the scene of an accident involving a commer- cial motor vehicle operated by the individual; (C) using a commercial motor vehicle in committing a felony (except a felony described in subsection (d) of this section); (D) committing a first violation of driving a commercial motor vehicle when the individ- ual’s commercial driver’s license is revoked, suspended, or canceled based on the individ- ual’s operation of a commercial motor vehicle or when the individual is disqualified from op- erating a commercial motor vehicle based on the individual’s operation of a commercial motor vehicle; or (E) convicted of causing a fatality through negligent or criminal operation of a commer- cial motor vehicle. (2) If the vehicle involved in a violation re- ferred to in paragraph (1) of this subsection is transporting hazardous material required to be placarded under section 5103 of this title, the Secretary shall disqualify the individual for at least 3 years. (c) SECOND AND MULTIPLE VIOLATIONS.—(1) Subject to paragraph (2) of this subsection, the Secretary shall disqualify from operating a com- mercial motor vehicle for life an individual— (A) committing more than one violation of driving a commercial motor vehicle under the influence of alcohol or a controlled substance; (B) committing more than one violation of leaving the scene of an accident involving a commercial motor vehicle operated by the in- dividual; (C) using a commercial motor vehicle in committing more than one felony arising out of different criminal episodes; (D) committing more than one violation of driving a commercial motor vehicle when the individual’s commercial driver’s license is re- voked, suspended, or canceled based on the in- dividual’s operation of a commercial motor vehicle or when the individual is disqualified from operating a commercial motor vehicle based on the individual’s operation of a com- mercial motor vehicle; (E) convicted of more than one offense of causing a fatality through negligent or crimi- nal operation of a commercial motor vehicle; or (F) committing any combination of single violations or use described in subparagraphs (A) through (E). (2) The Secretary may prescribe regulations establishing guidelines (including conditions) under which a disqualification for life under paragraph (1) of this subsection may be reduced to a period of not less than 10 years. (d) LIFETIME DISQUALIFICATION WITHOUT REIN- STATEMENT.— (1) CONTROLLED SUBSTANCE VIOLATIONS.—The Secretary shall disqualify from operating a commercial motor vehicle for life an indi- vidual who uses a commercial motor vehicle in committing a felony involving manufacturing, distributing, or dispensing a controlled sub- stance, or possession with intent to manufac- ture, distribute, or dispense a controlled sub- stance. (2) HUMAN TRAFFICKING VIOLATIONS.—The Secretary shall disqualify from operating a commercial motor vehicle for life an indi- vidual who uses a commercial motor vehicle in committing a felony involving an act or prac- tice described in paragraph (9) 1 of section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(9)). (e) SERIOUS TRAFFIC VIOLATIONS.—(1) The Sec- retary shall disqualify from operating a com- mercial motor vehicle for at least 60 days an in- dividual who, in a 3-year period, commits 2 seri- ous traffic violations involving a commercial motor vehicle operated by the individual. (2) The Secretary shall disqualify from oper- ating a commercial motor vehicle for at least 120 days an individual who, in a 3-year period, commits 3 serious traffic violations involving a commercial motor vehicle operated by the indi- vidual. (f) EMERGENCY DISQUALIFICATION.— (1) LIMITED DURATION.—The Secretary shall disqualify an individual from operating a com- mercial motor vehicle for not to exceed 30 days if the Secretary determines that allowing the individual to continue to operate a com- mercial motor vehicle would create an immi- nent hazard (as such term is defined in section 521 or section 5102). (2) AFTER NOTICE AND HEARING.—The Sec- retary shall disqualify an individual from op- erating a commercial motor vehicle for more than 30 days if the Secretary determines, after notice and an opportunity for a hearing, that allowing the individual to continue to operate a commercial motor vehicle would create an imminent hazard (as such term is defined in section 521 or section 5102). (g) NONCOMMERCIAL MOTOR VEHICLE CONVIC- TIONS.— (1) ISSUANCE OF REGULATIONS.—The Sec- retary shall issue regulations providing for the disqualification by the Secretary from oper- ating a commercial motor vehicle of an indi- vidual who holds a commercial driver’s license and who has been convicted of— (A) a serious offense involving a motor ve- hicle (other than a commercial motor vehi- cle) that has resulted in the revocation, can- cellation, or suspension of the individual’s license; or (B) a drug or alcohol related offense in- volving a motor vehicle (other than a com- mercial motor vehicle). (2) REQUIREMENTS FOR REGULATIONS.—Regu- lations issued under paragraph (1) shall estab- lish the minimum periods for which the dis- qualifications shall be in effect, but in no case shall the time periods for disqualification for noncommercial motor vehicle violations be more stringent than those for offenses or vio- lations involving a commercial motor vehicle. The Secretary shall determine such periods based on the seriousness of the offenses on which the convictions are based. Page 908 TITLE 49—TRANSPORTATION § 31310 (h) STATE DISQUALIFICATION.—Notwithstanding subsections (b) through (g) of this section, the Secretary does not have to disqualify an indi- vidual from operating a commercial motor vehi- cle if the State that issued the individual a li- cense authorizing the operation has disqualified the individual from operating a commercial motor vehicle under subsections (b) through (g). Revocation, suspension, or cancellation of the license is deemed to be disqualification under this subsection. (i) OUT-OF-SERVICE ORDERS.—(1)(A) To enforce section 392.5 of title 49, Code of Federal Regula- tions, the Secretary shall prescribe regulations establishing and enforcing an out-of-service pe- riod of 24 hours for an individual who violates section 392.5. An individual may not violate an out-of-service order issued under those regula- tions. (B) The Secretary shall prescribe regulations establishing and enforcing requirements for re- porting out-of-service orders issued under regu- lations prescribed under subparagraph (A) of this paragraph. Regulations prescribed under this subparagraph shall require at least that an operator of a commercial motor vehicle who is issued an out-of-service order to report the issuance to the individual’s employer and to the State that issued the operator a driver’s license. (2) The Secretary shall prescribe regulations establishing sanctions and penalties related to violations of out-of-service orders by individuals operating commercial motor vehicles. The regu- lations shall require at least that— (A) an operator of a commercial motor vehi- cle found to have committed a first violation of an out-of-service order shall be disqualified from operating such a vehicle for at least 180 days and liable for a civil penalty of at least $2,500; (B) an operator of a commercial motor vehi- cle found to have committed a 2d violation of an out-of-service order shall be disqualified from operating such a vehicle for at least 2 years and not more than 5 years and liable for a civil penalty of at least $5,000; (C) an employer that knowingly allows or re- quires an employee to operate a commercial motor vehicle in violation of an out-of-service order shall be liable for a civil penalty of not more than $25,000; and (D) an employer that knowingly and will- fully allows or requires an employee to oper- ate a commercial motor vehicle in violation of an out-of-service order shall, upon conviction, be subject for each offense to imprisonment for a term not to exceed one year or a fine under title 18, or both. (j) GRADE-CROSSING VIOLATIONS.— (1) SANCTIONS.—The Secretary shall issue regulations establishing sanctions and pen- alties relating to violations, by persons oper- ating commercial motor vehicles, of laws and regulations pertaining to railroad-highway grade crossings. (2) MINIMUM REQUIREMENTS.—The regulations issued under paragraph (1) shall, at a min- imum, require that— (A) the penalty for a single violation is not less than a 60-day disqualification of the driver’s commercial driver’s license; and (B) any employer that knowingly allows, permits, authorizes, or requires an employee to operate a commercial motor vehicle in violation of such a law or regulation shall be subject to a civil penalty of not more than $10,000. (k) FOREIGN COMMERCIAL DRIVERS.—A foreign commercial driver shall be subject to disquali- fication under this section. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1022; Pub. L. 104–88, title IV, § 403(a), Dec. 29, 1995, 109 Stat. 956; Pub. L. 106–159, title II, § 201(a)(1), (2), (b), Dec. 9, 1999, 113 Stat. 1758, 1759; Pub. L. 109–59, title IV, § 4102(b), Aug. 10, 2005, 119 Stat. 1715; Pub. L. 112–141, div. C, title II, §§ 32204, 32507, 32931(d), July 6, 2012, 126 Stat. 785, 804, 829; Pub. L. 115–106, § 2, Jan. 8, 2018, 131 Stat. 2265.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 31310(a) ...... 49 App.:2707(f). Oct. 27, 1986, Pub. L. 99–570, § 12008, 100 Stat. 3207–177. 31310(b) ...... 49 App.:2707(a)(1). 31310(c) ...... 49 App.:2707(a)(2). 31310(d) ...... 49 App.:2707(b). 31310(e) ...... 49 App.:2707(c). 31310(f) ....... 49 App.:2707(e). 31310(g)(1) .. 49 App.:2707(d). 31310(g)(2) .. 49 App.:2718. Oct. 27, 1986, Pub. L. 99–570, 100 Stat. 3207–170, § 12020; added Dec. 18, 1991, Pub. L. 102–240, § 4009(a), 105 Stat. 2156. In subsection (a), the text of 49 App.:2707(f)(1)–(4) (words before 2d comma) is omitted as executed and ob- solete. The words ‘‘and section 2708 of the Appendix’’ are omitted as surplus. In subsection (b)(2), the words ‘‘involved in a viola- tion’’ are substituted for ‘‘operated or used in connec- tion with the violation or the commission of the fel- ony’’ to eliminate unnecessary words. The words ‘‘by the Secretary’’ are omitted as surplus. Subsection (c)(1)(D) is substituted for 49 App.:2707(a)(2)(A)(iv) for clarity and to eliminate un- necessary words. In subsection (g)(1)(A), the words ‘‘Not later than 1 year after October 27, 1986’’ are omitted as obsolete. In subsection (g)(2), before clause (A), the words ‘‘Not later than December 18, 1992, the Secretary shall pre- scribe regulations’’ are substituted for ‘‘The Secretary shall issue regulations’’ and 49 App.:2718(c) to eliminate executed words. The word ‘‘individuals’’ is substituted for ‘‘persons’’ for clarity and consistency in the revised title and with other titles of the United States Code. In clause (C), the words ‘‘permits, authorizes’’ are omitted as being included in ‘‘allows’’. Editorial Notes REFERENCES IN TEXT Paragraph (9) of section 103 of the Trafficking Vic- tims Protection Act of 2000 (22 U.S.C. 7102(9)), referred to in subsec. (d)(2), was redesignated par. (11) of section 103 of that Act by Pub. L. 115–427, § 2(1), Jan. 9, 2019, 132 Stat. 5503, and is classified to section 7102(11) of Title 22, Foreign Relations and Intercourse. AMENDMENTS 2018—Subsec. (d). Pub. L. 115–106 substituted ‘‘Life- time Disqualification Without Reinstatement’’ for ‘‘Controlled Substance Violations’’ in heading, inserted par. (1) designation and heading, and added par. (2). 2012—Subsec. (f). Pub. L. 112–141, § 32507, inserted ‘‘sec- tion 521 or’’ before ‘‘section 5102’’ in pars. (1) and (2). Subsec. (g)(1). Pub. L. 112–141, § 32931(d), which di- rected substitution of ‘‘The’’ for ‘‘Not later than 1 year Page 909 TITLE 49—TRANSPORTATION § 31311 1 See References in Text note below. after the date of enactment of this Act, the’’, was exe- cuted by making the substitution for ‘‘Not later than 1 year after the date of the enactment of this Act, the’’, to reflect the probable intent of Congress. Subsec. (k). Pub. L. 112–141, § 32204, added subsec. (k). 2005—Subsec. (i)(2). Pub. L. 109–59, § 4102(b)(1), sub- stituted ‘‘The Secretary’’ for ‘‘Not later than December 18, 1992, the Secretary’’ in introductory provisions. Subsec. (i)(2)(A). Pub. L. 109–59, § 4102(b)(2), sub- stituted ‘‘180 days’’ for ‘‘90 days’’ and ‘‘$2,500’’ for ‘‘$1,000’’. Subsec. (i)(2)(B). Pub. L. 109–59, § 4102(b)(3), sub- stituted ‘‘2 years’’ for ‘‘one year’’ and ‘‘$5,000;’’ for ‘‘$1,000; and’’. Subsec. (i)(2)(C). Pub. L. 109–59, § 4102(b)(4), sub- stituted ‘‘$25,000; and’’ for ‘‘$10,000.’’ Subsec. (i)(2)(D). Pub. L. 109–59, § 4102(b)(5), added sub- par. (D). 1999—Subsec. (b)(1)(D), (E). Pub. L. 106–159, § 201(a)(1), added subpars. (D) and (E). Subsec. (c)(1)(D), (E). Pub. L. 106–159, § 201(a)(2)(A), (C), added subpars. (D) and (E). Former subpar. (D) re- designated (F). Subsec. (c)(1)(F). Pub. L. 106–159, § 201(a)(2)(B), (D), re- designated subpar. (D) as (F) and substituted ‘‘subpara- graphs (A) through (E)’’ for ‘‘clauses (A)–(C) of this paragraph’’. Subsecs. (f), (g). Pub. L. 106–159, § 201(b)(2), added sub- secs. (f) and (g). Former subsecs. (f) and (g) redesig- nated (h) and (i), respectively. Subsec. (h). Pub. L. 106–159, § 201(b)(1), (3), redesig- nated subsec. (f) as (h) and substituted ‘‘(b) through (g)’’ for ‘‘(b)–(e)’’ in two places. Former subsec. (h) re- designated (j). Subsecs. (i), (j). Pub. L. 106–159, § 201(b)(1), redesig- nated subsecs. (g) and (h) as (i) and (j), respectively. 1995—Subsec. (h). Pub. L. 104–88 added subsec. (h). 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 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. REGULATIONS Pub. L. 104–88, title IV, § 403(b), Dec. 29, 1995, 109 Stat. 956, provided that: ‘‘The initial regulations required under section 31310(h) of title 49, United States Code, shall be issued not later than 1 year after the date of the enactment of this Act [Dec. 29, 1995].’’ § 31311. Requirements for State participation (a) GENERAL.—To avoid having amounts with- held from apportionment under section 31314 of this title, a State shall comply with the fol- lowing requirements: (1) The State shall adopt and carry out a program for testing and ensuring the fitness of individuals to operate commercial motor vehi- cles consistent with the minimum standards prescribed by the Secretary of Transportation under section 31305(a) of this title. (2) The State may issue a commercial driv- er’s license to an individual only if the indi- vidual passes written and driving tests for the operation of a commercial motor vehicle that comply with the minimum standards. (3) The State shall have in effect and enforce a law providing that an individual with a blood alcohol concentration level at or above the level established by section 31310(a) of this title when operating a commercial motor vehi- cle is deemed to be driving under the influence of alcohol. (4) The State shall authorize an individual to operate a commercial motor vehicle only by issuing a commercial driver’s license con- taining the information described in section 31308(3) of this title.1 (5) Not later than the time period prescribed by the Secretary by regulation, the State shall notify the Secretary or the operator of the in- formation system under section 31309 of this title, as the case may be, of the proposed issuance of the license and other information the Secretary may require to ensure identi- fication of the individual applying for the li- cense. (6) Before issuing a commercial driver’s li- cense to an individual or renewing such a li- cense, the State shall request from any other State that has issued a driver’s license to the individual all information about the driving record of the individual. (7) Not later than 30 days after issuing a commercial driver’s license, the State shall notify the Secretary or the operator of the in- formation system under section 31309 of this title, as the case may be, of the issuance. (8) Not later than 10 days after disqualifying the holder of a commercial driver’s license from operating a commercial motor vehicle (or after revoking, suspending, or canceling the license) for at least 60 days, the State shall notify the Secretary or the operator of the in- formation system under section 31309 of this title, as the case may be, and the State that issued the license, of the disqualification, rev- ocation, suspension, or cancellation, and the violation that resulted in the disqualification, revocation, suspension, or cancellation shall be recorded. (9) If an individual violates a State or local law on motor vehicle traffic control (except a parking violation) and the individual— (A) has a commercial driver’s license issued by another State; or (B) is operating a commercial vehicle without a commercial driver’s license and has a driver’s license issued by another State, the State in which the violation occurred shall notify a State official designated by the issuing State of the violations not later than 10 days after the date the individual is found to have committed the violation. (10)(A) The State may not issue a commer- cial driver’s license to an individual during a period in which the individual is disqualified from operating a commercial motor vehicle or the individual’s driver’s license is revoked, suspended, or canceled. (B) The State may not issue a special license or permit (including a provisional or tem- porary license) to an individual who holds a commercial driver’s license that permits the individual to drive a commercial motor vehi- cle during a period in which—