United States Code (Last Updated: May 24, 2014) |
Title 49. TRANSPORTATION |
SubTitle VI. MOTOR VEHICLE AND DRIVER PROGRAMS |
Part B. COMMERCIAL |
Chapter 315. MOTOR CARRIER SAFETY |
§ 31502. Requirements for qualifications, hours of service, safety, and equipment standards
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(a) Application.— This section applies to transportation— (1) described in sections 13501 and 13502 of this title; and (2) to the extent the transportation is in the United States and is between places in a foreign country, or between a place in a foreign country and a place in another foreign country. (b) Motor Carrier and Private Motor Carrier Requirements.— The Secretary of Transportation may prescribe requirements for— (1) qualifications and maximum hours of service of employees of, and safety of operation and equipment of, a motor carrier; and (2) qualifications and maximum hours of service of employees of, and standards of equipment of, a motor private carrier, when needed to promote safety of operation. (c) Migrant Worker Motor Carrier Requirements.— The Secretary may prescribe requirements for the comfort of passengers, qualifications and maximum hours of service of operators, and safety of operation and equipment of a motor carrier of migrant workers. The requirements only apply to a carrier transporting a migrant worker— (1) at least 75 miles; and (2) across the boundary of a State, territory, or possession of the United States. (d) Considerations.— Before prescribing or revising any requirement under this section, the Secretary shall consider the costs and benefits of the requirement. (e) Exception.— (1) In general.— Notwithstanding any other provision of law, regulations issued under this section or section 31136 regarding— (A) maximum driving and on-duty times applicable to operators of commercial motor vehicles, (B) physical testing, reporting, or recordkeeping, and (C) the installation of automatic recording devices associated with establishing the maximum driving and on-duty times referred to in subparagraph (A), shall not apply to any driver of a utility service vehicle during an emergency period of not more than 30 days declared by an elected State or local government official under paragraph (2) in the area covered by the declaration. (2) Declaration of emergency.— An elected State or local government official or elected officials of more than one State or local government jointly may issue an emergency declaration for purposes of paragraph (1) after notice to the Field Administrator of the Federal Motor Carrier Safety Administration with jurisdiction over the area covered by the declaration. (3) Incident report.— Within 30 days after the end of the declared emergency period the official who issued the emergency declaration shall file with the Field Administrator a report of each safety-related incident or accident that occurred during the emergency period involving— (A) a utility service vehicle driver to which the declaration applied; or (B) a utility service vehicle of the driver to which the declaration applied. (4) Definitions.— In this subsection, the following definitions apply: (A) Driver of a utility service vehicle.— The term “driver of a utility service vehicle” means any driver who is considered to be a driver of a utility service vehicle for purposes of section 345(a)(4) 614–615).
Historical And Revision
Historical and Revision Notes | ||
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Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
3102(a) | (no source). | |
3102(b)(1) | 49:304(a)(1)–(2) (related to qualifications, hours of service, and safety). | Feb. 4, 1887, ch. 104, 24 Stat. 379, § 204(a)(1)–(2) (related to qualifications, hours of service, and safety), (3) (1st sentence); added Aug. 9, 1935, ch. 498, 49 Stat. 546. |
3102(b)(2) | 49:304(a)(3) (1st sentence). | |
| 49:1655(e)(6)(C). | Oct. 15, 1966, Pub. L. 89–670, § 6(e)(6)(C), 80 Stat. 939. |
3102(c) | 49:304(a)(3a) (1st sentence). | Feb. 4, 1887, ch. 104, 24 Stat. 379, § 204(a)(3a) (1st sentence); added Aug. 3, 1956, ch. 905, § 2, 70 Stat. 958. |
| 49:1655(e)(6)(C). |
Throughout the chapter, the words “Secretary of Transportation” are substituted for “Interstate Commerce Commission” because 49:1655(e)(6)(B)–(D) transferred the authority of the Interstate Commerce Commission under the provisions restated in this chapter to the Secretary of Transportation.
Subsection (a) is included to maintain the jurisdictional scope of the source provisions from which subsections (b) and (c) of the revised section are taken. Subsections (b) and (c) are based on 49:304 which, as part of 49:ch. 8, is now restated as subchapter II of chapter 105 of the revised title. In addition, 49:303(a)(11) (last sentence) extended the jurisdictional scope of 49:304 as provided in subsection (a) of the revised section.
In subsection (b), before clause (1), the words “and to that end” are omitted as surplus. The word “prescribe” is substituted for “establish” for consistency. The word “reasonable” is omitted as surplus.
In subsection (b)(1), the words “as provided in this chapter” are omitted as unnecessary because of the restatement. The term “motor carrier” is substituted for “common carriers by motor vehicle” and “contract carriers by motor vehicle” because they are inclusive.
In subsection (b)(2), the words “when needed” are substituted for “if need therefor is found” to eliminate unnecessary words.
In subsection (c), the word “prescribe” is substituted for “establish” for consistency. The word “reasonable” is omitted as surplus. The words “for a total distance of” are omitted as unnecessary because of the restatement. The words “at least” are substituted for “more than” for consistency. The word “line” is omitted as surplus. The words “possession of the United States” are added for consistency in the revised title. The words “a foreign country” and “the District of Columbia” are omitted as unnecessary because a carrier crossing the boundary of a foreign country or the District of Columbia into or from the United States would necessarily cross the boundary of a State and be covered by the provision related to a State.
References In Text
Section 345 of the National Highway System Designation Act of 1995, referred to in subsec. (e)(4), is section 345 of Pub. L. 104–59, which was set out as a note under section 31136 of this title, prior to repeal by Pub. L. 109–59, title IV, § 4115(d),
Amendments
2005—Subsec. (e)(2). Pub. L. 109–59, § 4145(b)(1), substituted “Field Administrator of the Federal Motor Carrier Safety Administration” for “Regional Director of the Federal Highway Administration”.
Subsec. (e)(3). Pub. L. 109–59, § 4145(b)(2), substituted “Field Administrator” for “Regional Director” in introductory provisions.
1998—Subsec. (e). Pub. L. 105–178 added subsec. (e).
1995—Subsec. (a)(1). Pub. L. 104–88 substituted “13501 and 13502” for “10521 and 10522”.
1994—Pub. L. 103–272 renumbered section 3102 of this title as this section and amended it generally, restating it without substantive change.
1984—Subsec. (d). Pub. L. 98–554 added subsec. (d).
Effective Date Of Amendment
Amendment by Pub. L. 104–88 effective
Savings
Pub. L. 100–690, title IX, § 9102(c),
Miscellaneous
Pub. L. 105–178, title IV, § 4012(b),
Pub. L. 105–178, title IV, § 4027,
For provisions relating to exemptions from regulations prescribed under this section as to maximum driving and on-duty time for drivers used by motor carriers, see section 345 of Pub. L. 104–59, set out as a note under section 31136 of this title.