Source
(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.)
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) (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). |
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), 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
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 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
701 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 subsection (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 subsection (a) [amending this section] may not be construed—
“(A) to exempt any utility service vehicle from compliance with any applicable provision of law relating to vehicle mechanical safety, maintenance requirements, or inspections; or
“(B) to exempt any driver of a utility service vehicle from any applicable provision of law (including any regulation) established for the issuance, maintenance, 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 Designation 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, provided that:
“(a) Study.—The Secretary [of Transportation] shall conduct a study to determine the location and quantity of parking facilities at commercial truck stops and travel plazas and public rest areas that could be used by motor carriers to comply with Federal hours of service rules. The study shall include an inventory of current facilities serving the National Highway System, analyze where shortages exist or are projected to exist, and propose a plan to reduce the shortages. The study may be carried out in cooperation with research entities representing motor carriers, the travel plaza industry, and commercial motor vehicle drivers.
“(b) Report.—Not later than the 3 years after the date of the enactment of this Act [June 9, 1998], the Secretary shall transmit to Congress a report on the results of the study with any recommendations the Secretary determines appropriate as a result of the study.
“(c) Funding.—From amounts set aside under section
104
(a) of title
23, United States Code, for each of fiscal years 1999, 2000, and 2001, the Secretary may use not to exceed $500,000 per fiscal year to carry out this section.”
Exemptions From Requirements Relating to Commercial Motor Vehicles and Their Operators
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.