Historical and Revision Notes | ||
|---|---|---|
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
31305(a) | 49 App.:2704(a). | Oct. 27, 1986, Pub. L. 99–570, § 12005(a), (b), 100 Stat. 3207–171. |
31305(b) | 49 App.:2704(b). | |
In this section, the word “Federal” is omitted as unnecessary.
In subsection (a), before clause (1), the words “Not later than
In subsection (b)(1), the words “taken and” are omitted as unnecessary. The text of 49 App.:2704(b)(3) is omitted as obsolete.
The date of enactment of the Commercial Motor Vehicle Safety Enhancement Act of 2012, referred to in subsec. (c), is the date of enactment of title II of div. C of Pub. L. 112–141, which was approved
2018—Subsec. (d). Pub. L. 115–105, § 3(1), substituted “Operators Who Are Members of the Armed Forces, Reservists, or Veterans” for “Veteran Operators” in heading.
Subsec. (d)(1)(B). Pub. L. 115–105, § 3(2), substituted “subparagraph (A)—” for “subparagraph (A) during, at least,”, added cl. (i), and inserted “(ii) during” before “the 1-year period”.
Subsec. (d)(2)(B)(i). Pub. L. 115–105, § 3(3)(A), inserted “current or” before “former”.
Subsec. (d)(2)(B)(ii). Pub. L. 115–105, § 3(3), inserted “current or” before “former” and “one of” before “the reserve components”.
2015—Subsec. (d). Pub. L. 114–94 added subsec. (d).
2012—Pub. L. 112–141, § 32304(c), substituted “General driver fitness, testing, and training” for “General driver fitness and testing” in section catchline.
Subsec. (c). Pub. L. 112–141, § 32304(a), added subsec. (c).
2001—Subsec. (a)(5)(C). Pub. L. 107–56 added subpar. (C).
1999—Subsec. (b)(1). Pub. L. 106–159 struck out “to operate the vehicle” after “written and driving tests” and inserted “to operate the vehicle and has a commercial driver’s license to operate the vehicle” before period at end.
Amendment by Pub. L. 114–94 effective
Amendment by Pub. L. 112–141 effective
Pub. L. 117–146, § 20, “(a) Not later than 90 days after the date of enactment of this Act [“(b) If the Administrator finds no safety concerns after conducting a review under subsection (a), the Administrator shall—“(1) notwithstanding any other provision of law, make the waiver permanent; and“(2) not later than 90 days after completing the review under subsection (a), revise section 384.228 of title 49, Code of Federal Regulations, to provide that the discretionary waiver authority referred to in subsection (a) shall be permanent.“(c) If the Administrator declines to move forward with a rulemaking for revision under subsection (b), the Administrator shall explain the reasons for declining to move forward with the rulemaking in a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.”
Pub. L. 117–58, div. B, title III, § 23019,
Pub. L. 114–94, div. A, title V, § 5506, “(1) describes, for each State, the status of skills testing for applicants for a commercial driver’s license, including—“(A) the average wait time from the date an applicant requests to take a skills test to the date the applicant has the opportunity to complete such test;“(B) the average wait time from the date an applicant, upon failure of a skills test, requests a retest to the date the applicant has the opportunity to complete such retest;“(C) the actual number of qualified commercial driver’s license examiners available to test applicants; and“(D) the number of testing sites available through the State department of motor vehicles and whether this number has increased or decreased from the previous year; and“(2) describes specific steps that the Administrator is taking to address skills testing delays in States that have average skills test or retest wait times of more than 7 days from the date an applicant requests to test or retest to the date the applicant has the opportunity to complete such test or retest.”
Pub. L. 114–94, div. A, title VII, § 7208, “(1) is acting within the scope of the license holder’s employment as an employee of a custom harvester operation, agrichemical business, farm retail outlet and supplier, or livestock feeder; and“(2) is operating a service vehicle that is—“(A) transporting diesel in a quantity of 3,785 liters (1,000 gallons) or less; and“(B) clearly marked with a ‘flammable’ or ‘combustible’ placard, as appropriate.”
Pub. L. 113–45, § 1, “(a) The Secretary of Transportation may implement or enforce a requirement providing for the screening, testing, or treatment (including consideration of all possible treatment alternatives) of individuals operating commercial motor vehicles for sleep disorders only if the requirement is adopted pursuant to a rulemaking proceeding.“(b) Subsection (a) shall not apply to a requirement that was in force before “(c) In this section, the term ‘sleep disorders’ includes obstructive sleep apnea.”
Pub. L. 109–59, title IV, § 4129, “(a) Not later than 90 days after the date of the enactment of this Act [“(b) After the earlier of the date of issuance of the revised final rule under subsection (a) or the 90th day following the date of enactment of this Act [“(c) Subject to subsection (b), the Secretary shall require individuals with insulin-treated diabetes mellitus to have a minimum period of insulin use to demonstrate stable control of diabetes before operating a commercial motor vehicle in interstate commerce. Such demonstration shall be consistent with the findings reported in July 2000, by the expert medical panel established by the Secretary, in ‘A Report to Congress on the Feasibility of a Program to Qualify Individuals with Insulin-Treated Diabetes Mellitus to Operate Commercial Motor Vehicles in Interstate Commerce as Directed by the Transportation Equity Act for the 21st Century’. For individuals who have been newly diagnosed with type 1 diabetes, the minimum period of insulin use may not exceed 2 months, unless directed by the treating physician. For individuals who have type 2 diabetes and are converting to insulin use, the minimum period of insulin use may not exceed 1 month, unless directed by the treating physician.“(d) Insulin-treated individuals may not be held by the Secretary to a higher standard of physical qualification in order to operate a commercial motor vehicle in interstate commerce than other individuals applying to operate, or operating, a commercial motor vehicle in interstate commerce; except to the extent that limited operating, monitoring, and medical requirements are deemed medically necessary under regulations issued by the Secretary.”
Pub. L. 106–159, title II, § 214, “(1) include a driving skills test in a school bus; and“(2) address proper safety procedures for—“(A) loading and unloading children;“(B) using emergency exits; and“(C) traversing highway rail grade crossings.”
Pub. L. 106–159, title II, § 215,
Pub. L. 105–178, title IV, § 4018, “(a) Not later than 18 months after the date of enactment of this Act [“(b) Prior to making the determination in subsection (a), the Secretary shall compile and evaluate research and other information on the effects of insulin treated diabetes mellitus on driving performance. In preparing the compilation and evaluation, the Secretary shall, at a minimum—“(1) consult with States that have developed and are implementing a screening process to identify individuals with insulin treated diabetes mellitus who may obtain waivers to drive commercial motor vehicles in intrastate commerce;“(2) evaluate the Department’s policy and actions to permit certain insulin treated diabetes mellitus individuals who meet selection criteria and who successfully comply with the approved monitoring protocol to operate in other modes of transportation;“(3) assess the possible legal consequences of permitting insulin treated diabetes mellitus individuals to drive commercial motor vehicles in interstate commerce;“(4) analyze available data on the safety performance of diabetic drivers of motor vehicles;“(5) assess the relevance of intrastate driving and experiences of other modes of transportation to interstate commercial motor vehicle operations; and“(6) consult with interested groups knowledgeable about diabetes and related issues.“(c) If the Secretary determines that no protocol described in subsection (a) could likely be developed, the Secretary shall report to Congress the basis for such determination.“(d) If the Secretary determines that a protocol described in subsection (a) could likely be developed, the Secretary shall report to Congress a description of the elements of such protocol and shall promptly initiate a rulemaking proceeding to implement such protocol.”
Pub. L. 105–178, title IV, § 4019, “(a) Not later than 1 year after the date of enactment of this Act [“(b) The Secretary may issue regulations under section 31305 of title 49, United States Code, reflecting the results of the review.”
Pub. L. 105–178, title IV, § 4021, “(a) “(1) As part of the activities of the Secretary [of Transportation] relating to the fatigue of commercial motor vehicle operators, the Secretary shall encourage the research, development, and demonstration of technologies that may aid in reducing such fatigue.“(2) In carrying out paragraph (1), the Secretary shall take into account—“(A) the degree to which the technology will be cost efficient;“(B) the degree to which the technology can be effectively used in diverse climatic regions of the Nation; and“(C) the degree to which the application of the technology will further emissions reductions, energy conservation, and other transportation goals.“(3) The Secretary may use amounts made available under section 5001(a)(2) of this Act [112 Stat. 419].“(b) The Secretary shall review available information on the effects of medications (including antihistamines) on driver fatigue, awareness, and performance and shall consider encouraging, if appropriate, the use of nonsedating medications (including nonsedating antihistamines) as a means of reducing the adverse effects of the use of other medications by drivers.”