49 U.S.C. § 31502 — Requirements for qualifications, hours of

Page 920 TITLE 49—TRANSPORTATION § 31501 HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 31317 .......... 49 App.:2715. Oct. 27, 1986, Pub. L. 99–570, § 12018, 100 Stat. 3207–187. The text of 49 App.:2715(a) is omitted as surplus be- cause of 49:322(a). The words ‘‘(except section 31307)’’ are added because the source provisions restated in this section do not apply to the source provisions restated in section 31307 of the revised title. CHAPTER 315—MOTOR CARRIER SAFETY Sec. 31501. Definitions. 31502. Requirements for qualifications, hours of service, safety, and equipment standards. 31503. Research, investigation, and testing. 31504. Identification of motor vehicles. HISTORICAL AND REVISION NOTES Chapter 315 is a restatement of existing chapter 31 of title 49, United States Code, that is redesignated as chapter 315 by section 1(c) of the bill. § 31501. Definitions In this chapter— (1) ‘‘migrant worker’’ means an individual going to or from employment in agriculture as provided under section 3121(g) of the Internal Revenue Code of 1986 (26 U.S.C. 3121(g)) or sec- tion 3(f) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(f)). (2) ‘‘motor carrier’’, ‘‘motor common car- rier’’, ‘‘motor private carrier’’, ‘‘motor vehi- cle’’, and ‘‘United States’’ have the same meanings given those terms in section 13102 of this title. (3) ‘‘motor carrier of migrant workers’’— (A) means a person (except a motor com- mon carrier) providing transportation re- ferred to in section 13501 of this title by a motor vehicle (except a passenger auto- mobile or station wagon) for at least 3 mi- grant workers at a time to or from their em- ployment; but (B) does not include a migrant worker pro- viding transportation for migrant workers and their immediate families. (Pub. L. 97–449, Jan. 12, 1983, 96 Stat. 2438, § 3101; renumbered § 31501 and amended Pub. L. 103–272, § 1(c), (e), July 5, 1994, 108 Stat. 745, 1029; Pub. L. 103–429, § 6(26), Oct. 31, 1994, 108 Stat. 4380; Pub. L. 104–88, title III, § 308(k)(1), (2), Dec. 29, 1995, 109 Stat. 947, 948.) HISTORICAL AND REVISION NOTES PUB. L. 97–449 Revised Section Source (U.S. Code) Source (Statutes at Large) 3101(1) ........ 49:303(a)(23). Feb. 4, 1887, ch. 104, 24 Stat. 397, § 203(a)(22), (23); added Aug. 3, 1956, ch. 905, § 1, 70 Stat. 958. 3101(2) ........ (no source). 3101(3) ........ 49:303(a)(22). In clause (1), the words ‘‘going to or from’’ are sub- stituted for ‘‘proceeding to or returning from’’ for clar- ity. Clause (2) is included to ensure that the identical definitions that are relevant are used without repeat- ing them. The source provisions for the quoted defini- tions are found in the revision notes for section 10102 of the revised title. In clause (3), the words ‘‘including any ‘contract com- mon carrier by motor vehicle’ ’’ are omitted as covered by the definition of ‘‘motor carrier’’. The words ‘‘re- ferred to in section 10521(a) of this title’’ are sub- stituted for ‘‘in interstate or foreign commerce’’ for clarity and consistency in the revised title. The word ‘‘except’’ is substituted for ‘‘but not including’’ for clarity. The words ‘‘at least’’ are substituted for ‘‘or more’’, and the words ‘‘but the term does not include’’ are substituted for ‘‘except’’, for consistency. PUB. L. 103–429 This amends 49:31501(1) to correct an erroneous cross- reference. Editorial Notes AMENDMENTS 1995—Par. (2). Pub. L. 104–88, § 308(k)(1), substituted ‘‘13102’’ for ‘‘10102’’. Par. (3)(A). Pub. L. 104–88, § 308(k)(2), substituted ‘‘13501’’ for ‘‘10521(a)’’. 1994—Pub. L. 103–272 renumbered section 3101 of this title as this section and amended it generally, restating it without substantive change. Par. (1). Pub. L. 103–429 substituted ‘‘section 3(f)’’ for ‘‘section 203(f)’’. 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. EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title. EXEMPTIONS FROM REQUIREMENTS OF THIS CHAPTER FOR CERTAIN FARM VEHICLES For provisions relating to exemptions from certain requirements of this chapter with respect to certain farm vehicles and individuals operating those vehicles, see section 32934 of Pub. L. 112–141, set out as a note under section 31136 of this title. § 31502. Requirements for qualifications, hours of service, safety, and equipment standards (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 for- eign country, or between a place in a foreign country and a place in another foreign coun- try. (b) MOTOR CARRIER AND PRIVATE MOTOR CAR- RIER REQUIREMENTS.—The Secretary of Trans- portation may prescribe requirements for— (1) qualifications and maximum hours of service of employees of, and safety of oper- ation 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 REQUIRE- MENTS.—The Secretary may prescribe require- ments for the comfort of passengers, qualifica- tions and maximum hours of service of opera- Page 921 TITLE 49—TRANSPORTATION § 31502 1 See References in Text note below. 2 So in original. Probably should be followed by a period. tors, and safety of operation and equipment of a motor carrier of migrant workers. The require- ments only apply to a carrier transporting a mi- grant 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 re- vising 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 record- keeping, and (C) the installation of automatic recording devices associated with establishing the maximum driving and on-duty times re- ferred to in subparagraph (A), shall not apply to any driver of a utility serv- ice 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 gov- ernment jointly may issue an emergency dec- laration for purposes of paragraph (1) after no- tice to the Field Administrator of the Federal Motor Carrier Safety Administration with ju- risdiction over the area covered by the dec- laration. (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 re- port of each safety-related incident or acci- dent that occurred during the emergency pe- riod 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 fol- lowing definitions apply: (A) DRIVER OF A UTILITY SERVICE VEHICLE.— The term ‘‘driver of a utility service vehi- cle’’ means any driver who is considered to be a driver of a utility service vehicle for purposes of section 345(a)(4) 1 of the National Highway System Designation Act of 1995 (49 U.S.C. 31136 note; 109 Stat. 613). (B) UTILITY SERVICE VEHICLE.—The term ‘‘utility service vehicle’’ has the meaning that term has under section 345(e)(6) 1 of the National Highway System Designation Act of 1995 (49 U.S.C. 31136 note; 109 Stat 2 614–615). (f) READY MIXED CONCRETE DELIVERY VEHI- CLES.— (1) IN GENERAL.—Notwithstanding any other provision of law, regulations issued under this section or section 31136 (including section 395.1(e)(1)(ii) of title 49, Code of Federal Regu- lations) regarding reporting, recordkeeping, or documentation of duty status shall not apply to any driver of a ready mixed concrete deliv- ery vehicle if— (A) the driver operates within a 100 air- mile radius of the normal work reporting lo- cation; (B) the driver returns to the work report- ing location and is released from work with- in 14 consecutive hours; (C) the driver has at least 10 consecutive hours off duty following each 14 hours on duty; (D) the driver does not exceed 11 hours maximum driving time following 10 consecu- tive hours off duty; and (E) the motor carrier that employs the driver maintains and retains for a period of 6 months accurate and true time records that show— (i) the time the driver reports for duty each day; (ii) the total number of hours the driver is on duty each day; (iii) the time the driver is released from duty each day; and (iv) the total time for the preceding driv- ing week the driver is used for the first time or intermittently. (2) DEFINITION.—In this section, the term ‘‘driver of a ready mixed concrete delivery ve- hicle’’ means a driver of a vehicle designed to deliver ready mixed concrete on a daily basis and is equipped with a mechanism under which the vehicle’s propulsion engine provides the power to operate a mixer drum to agitate and mix the product en route to the delivery site. (Pub. L. 97–449, Jan. 12, 1983, 96 Stat. 2438, § 3102; Pub. L. 98–554, title II, § 206(h), Oct. 30, 1984, 98 Stat. 2835; renumbered § 31502 and amended Pub. L. 103–272, § 1(c), (e), July 5, 1994, 108 Stat. 745, 1029; Pub. L. 104–88, title III, § 308(k)(3), Dec. 29, 1995, 109 Stat. 948; Pub. L. 105–178, title IV, § 4012(a), June 9, 1998, 112 Stat. 408; Pub. L. 109–59, title IV, § 4145(b), Aug. 10, 2005, 119 Stat. 1749; Pub. L. 114–94, div. A, title V, § 5521, Dec. 4, 2015, 129 Stat. 1559.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 3102(a) ........ (no source). 3102(b)(1) .... 49:304(a)(1)–(2) (re- lated to qualifica- tions, hours of service, and safe- ty). 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 sen- tence). 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 sen- tence); 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 Com- Page 922 TITLE 49—TRANSPORTATION § 31503 merce Commission’’ because 49:1655(e)(6)(B)–(D) trans- ferred the authority of the Interstate Commerce Com- mission under the provisions restated in this chapter to the Secretary of Transportation. Subsection (a) is included to maintain the jurisdic- tional scope of the source provisions from which sub- sections (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 sec- tion. 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 re- statement. 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 restate- ment. 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 Colum- bia’’ are omitted as unnecessary because a carrier crossing the boundary of a foreign country or the Dis- trict of Columbia into or from the United States would necessarily cross the boundary of a State and be cov- ered by the provision related to a State. Editorial Notes REFERENCES IN TEXT Section 345 of the National Highway System Designa- tion 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), Aug. 10, 2005, 119 Stat. 1726. The text of section 345 of Pub. L. 104–59 was inserted as part of section 229 of Pub. L. 106–159, as added by section 4115(a) of Pub. L. 109–59, and is set out as a note under section 31136 of this title. AMENDMENTS 2015—Subsec. (f). Pub. L. 114–94 added subsec. (f). 2005—Subsec. (e)(2). Pub. L. 109–59, § 4145(b)(1), sub- stituted ‘‘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 in- troductory 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). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees. 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. SAVINGS PROVISION Pub. L. 100–690, title IX, § 9102(c), Nov. 18, 1988, 102 Stat. 4529, provided that: ‘‘The amendment made by subsection (a) [amending section 2505 of former Title 49, Transportation] shall not be construed as having any effect on the enactment of subsection (d) of section 3102 [now 31502] of title 49, United States Code, which sub- section (d) was added to such section by section 206(h) of the Motor Carrier Safety Act of 1984 [Pub. L. 98–554] on October 30, 1984.’’ CONTINUED APPLICATION OF SAFETY AND MAINTENANCE REQUIREMENTS Pub. L. 105–178, title IV, § 4012(b), June 9, 1998, 112 Stat. 409, provided that: ‘‘(1) IN GENERAL.—The amendment made by sub- section (a) [amending this section] may not be con- strued— ‘‘(A) to exempt any utility service vehicle from compliance with any applicable provision of law re- lating to vehicle mechanical safety, maintenance re- quirements, or inspections; or ‘‘(B) to exempt any driver of a utility service vehi- cle from any applicable provision of law (including any regulation) established for the issuance, mainte- nance, or periodic renewal of a commercial driver’s license for that driver. ‘‘(2) DEFINITIONS.—In this subsection, the following definitions apply: ‘‘(A) COMMERCIAL DRIVER’S LICENSE.—The term ‘commercial driver’s license’ has the meaning that term has under section 31301 of title 49, United States Code. ‘‘(B) DRIVER OF A UTILITY SERVICE VEHICLE.—The term ‘driver of a utility service vehicle’ has the meaning that term has under section 31502(e)(2) of such title [probably should be section 31502(e)(4)(A) of such title]. ‘‘(C) REGULATION.—The term ‘regulation’ has the meaning that term has under section 31132 of such title. ‘‘(D) UTILITY SERVICE VEHICLE.—The term ‘utility service vehicle’ has the meaning that term has under section 345(e)(6) of the National Highway System Des- ignation Act of 1995 [Pub. L. 104–59] (49 U.S.C. 31136 note; 109 Stat. 614–615).’’ STUDY OF ADEQUACY OF PARKING FACILITIES Pub. L. 105–178, title IV, § 4027, June 9, 1998, 112 Stat. 417, directed the Secretary to conduct a study on the adequacy of parking facilities at commercial truck stops and to transmit a report on the study and author- ized appropriations for fiscal years 1999, 2000, and 2001. EXEMPTIONS FROM REQUIREMENTS RELATING TO COMMERCIAL MOTOR VEHICLES AND THEIR OPERATORS For provisions relating to exemptions from regula- tions prescribed under this section as to maximum driving and on-duty time for drivers used by motor car- riers, see section 345 of Pub. L. 104–59, set out as a note under section 31136 of this title. § 31503. Research, investigation, and testing (a) GENERAL AUTHORITY.—The Secretary of Transportation may investigate and report on the need for regulation by the United States Government of sizes, weight, and combinations of motor vehicles and qualifications and max- imum hours of service of employees of a motor carrier subject to subchapter I of chapter 135 of this title and a motor private carrier. The Sec- retary shall use the services of each department,