49 U.S.C. § 31311 — Requirements for State participation
submitted 32 years ago by Pub. L. 103-272 to r/title-49-TRANSPORTATION · 2,087 words · no verdicts yet
This section lists the conditions a State must meet to avoid federal withholding of apportionment funds. The conditions cover commercial driver’s licenses, records, disqualifications, information systems, foreign drivers, and medical certificates.
(a) General. To avoid withholding under section 31314, a State must: (1) run a program testing and ensuring commercial-driver fitness that meets the Secretary’s minimum standards; (2) issue a commercial driver’s license only to someone who passes compliant written and driving tests; (3) treat a driver at or above the section 31310(a) alcohol level as driving under the influence; (4) authorize commercial driving only through a license containing the information required by section 31308(3); (5) within the regulatory deadline, notify the Secretary or section 31309 information-system operator of a proposed license and required identifying information; (6) before issuing or renewing a license, request the person’s driving record from every State that licensed the person; (7) report each issuance within 30 days; (8) within 10 days after disqualifying a commercial driver’s-license holder from operating a commercial motor vehicle for at least 60 days, or revoking, suspending, or canceling the license, notify the Secretary or the section 31309 information-system operator, as applicable, and the State that issued the license, of the disqualification, revocation, suspension, or cancellation, and record the violation that resulted in it; (9) within 10 days, notify the issuing State of a non-parking traffic violation by a person licensed by another State or driving a commercial vehicle without a commercial license but holding another State’s license; (10)(A) not issue a commercial license while the person is disqualified or the person’s license is revoked, suspended, or canceled, and (B) not issue a special, provisional, or temporary license or permit allowing commercial driving during such a period; (11) issue a license to a person licensed by another State only after that license is returned; (12)(A) issue only to a person who operates or will operate a commercial motor vehicle and is domiciled in the State, except that (B) under the Secretary’s regulations it may issue to such a person not domiciled in a State that issues commercial licenses, and (C) it may issue to such a person who is active duty in the armed forces or reserve components and whose temporary or permanent duty station is in the State even though the person is not domiciled there; (13) impose appropriate Secretary-approved penalties consistent with this chapter; (14) allow a person licensed by another State to operate if the license meets the minimum standards, is not revoked, suspended, or canceled, and the person is not disqualified; (15) impose the same disqualifying reasons and periods required of the Secretary under section 31310(b)–(e), (i)(1)(A), and (i)(2); (16)(A) before issuing a license, request from the National Driver Register information about noncommercial disqualification, license revocation, suspension, or cancellation for cause during the prior 3 years, and convictions specified in section 30304(a)(3), once the Secretary decides the Register works, and (B) give that information full weight in deciding; (17) adopt and enforce the Secretary’s regulations under section 31310(j); (18) keep each non-parking State or local traffic violation committed by a commercial-driver’s-license holder while operating a motor vehicle in its driver-information system, and make the record available to the driver, Secretary, employers and prospective employers, State licensing and law-enforcement agencies, and authorized agents; (19)(A) record in each State-issued license holder’s driving record and (B) make available to authorized users all information received under paragraph (9) and every non-parking traffic violation, within 10 days of receiving or recording it, and never withhold or mask it; (20) revoke, suspend, or cancel licenses as required by the Secretary’s section 31310(g) regulations; (21) operate a system compatible with the modernized section 31309 system; (22) report each conviction of a foreign commercial driver to the Federal Convictions and Withdrawal Database or another designated system, including for a foreign commercial-license holder every commercial- and noncommercial-vehicle conviction, and for an unlicensed or foreign noncommercial-license holder every commercial-vehicle conviction; (23) within 1 year after enactment of the 2012 Commercial Motor Vehicle Safety Enhancement Act, use exclusive electronic exchange of driver-history information, including convictions, withdrawals, and disqualifications; (24) before issuing or renewing, request information from the section 31306a drug-and-alcohol clearinghouse; and (25) within 5 years after that Act, maintain the ability to receive from a certified medical examiner an electronic medical examiner’s certificate for each State license holder operating or intending to operate interstate. (b) State Satisfaction of Requirements. A State may meet its required disqualification duties by revoking, suspending, or canceling the person’s driver’s license. (c) Notification. Within 30 days after notice of a proposed license, the Secretary or section 31309 system operator must tell the State whether the person has another State license or has been disqualified by another State or the Secretary. (d) State Commercial Driver’s License Program Plan. (1) A State must submit a compliance plan covering submission through September 30, 2016. (2) It must list actions to correct deficiencies identified in the Secretary’s latest audit and other compliance actions. (3) It must include an implementation schedule prioritizing critical deficiencies and assure compliance by September 30, 2015. (4) The Secretary must review and approve plans meeting this subsection and chapter goals, and disapprove others. (5) For a disapproved plan, the Secretary must give written reasons and allow modification and resubmission. (6) The Secretary may require updates. (e) Annual Comparison. Each year the Secretary must compare States’ relative compliance with subsection (a) and make the results public.
To avoid having amounts withheld from apportionment under section 31314 of this title, a State shall comply with the following requirements:
The State shall adopt and carry out a program for testing and ensuring the fitness of individuals to operate commercial motor vehicles consistent with the minimum standards prescribed by the Secretary of Transportation under section 31305(a) of this title.
The State may issue a commercial driver’s license to an individual only if the individual passes written and driving tests for the operation of a commercial motor vehicle that comply with the minimum standards.
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 vehicle is deemed to be driving under the influence of alcohol.
The State shall authorize an individual to operate a commercial motor vehicle only by issuing a commercial driver’s license containing the information described in section 31308(3) of this title.1
Not later than the time period prescribed by the Secretary by regulation, the State shall notify the Secretary or the operator of the information 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 identification of the individual applying for the license.
Before issuing a commercial driver’s license to an individual or renewing such a license, 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.
Not later than 30 days after issuing a commercial driver’s license, the State shall notify the Secretary or the operator of the information system under section 31309 of this title, as the case may be, of the issuance.
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 information system under section 31309 of this title, as the case may be, and the State that issued the license, of the disqualification, revocation, suspension, or cancellation, and the violation that resulted in the disqualification, revocation, suspension, or cancellation shall be recorded.
If an individual violates a State or local law on motor vehicle traffic control (except a parking violation) and the individual—
has a commercial driver’s license issued by another State; or
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.
The State may not issue a commercial 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.
The State may not issue a special license or permit (including a provisional or temporary license) to an individual who holds a commercial driver’s license that permits the individual to drive a commercial motor vehicle 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.
The State may issue a commercial driver’s license to an individual who has a commercial driver’s license issued by another State only if the individual first returns the driver’s license issued by the other State.
Except as provided in subparagraphs (B) and (C), the State may issue a commercial driver’s license only to an individual who operates or will operate a commercial motor vehicle and is domiciled in the State.
Under regulations prescribed by the Secretary, the State may issue a commercial driver’s license to an individual who—
operates or will operate a commercial motor vehicle; and
is not domiciled in a State that issues commercial driver’s licenses.
The State may issue a commercial driver’s license to an individual who—
operates or will operate a commercial motor vehicle;
is an active duty member of—
the armed forces (as that term is defined in section 101(a) of title 10); or
the reserve components (as that term is defined in section 31305(d)(2) of this title); and
is not domiciled in the State, but whose temporary or permanent duty station is located in the State.
The State shall impose penalties consistent with this chapter that the State considers appropriate and the Secretary approves for an individual operating a commercial motor vehicle.
The State shall allow an individual to operate a commercial motor vehicle in the State if—
the individual has a commercial driver’s license issued by another State under the minimum standards prescribed by the Secretary under section 31305(a) of this title;
the license is not revoked, suspended, or canceled; and
the individual is not disqualified from operating a commercial motor vehicle.
The State shall disqualify an individual from operating a commercial motor vehicle for the same reasons and time periods for which the Secretary shall disqualify the individual under subsections (b)–(e), (i)(1)(A) and (i)(2) of section 31310.
Before issuing a commercial driver’s license to an individual, the State shall request the Secretary for information from the National Driver Register maintained under chapter 303 of this title (after the Secretary decides the Register is operational) on whether the individual—
has been disqualified from operating a motor vehicle (except a commercial motor vehicle);
has had a license (except a license authorizing the individual to operate a commercial motor vehicle) revoked, suspended, or canceled for cause in the 3-year period ending on the date of application for the commercial driver’s license; or
has been convicted of an offense specified in section 30304(a)(3) of this title.
The State shall give full weight and consideration to that information in deciding whether to issue the individual a commercial driver’s license.
The State shall adopt and enforce regulations prescribed by the Secretary under as 2 31310(j) of this title.
The State shall maintain, as part of its driver information system, a record of each violation of a State or local motor vehicle traffic control law while operating a motor vehicle (except a parking violation) for each individual who holds a commercial driver’s license. The record shall be available upon request to the individual, the Secretary, employers, prospective employers, State licensing and law enforcement agencies, and their authorized agents.
The State shall—
record in the driving record of an individual who has a commercial driver’s license issued by the State; and
make available to all authorized persons and governmental entities having access to such record,
all information the State receives under paragraph (9) with respect to the individual and every violation by the individual involving a motor vehicle (including a commercial motor vehicle) of a State or local law on traffic control (except a parking violation), not later than 10 days after the date of receipt of such information or the date of such violation, as the case may be. The State may not allow information regarding such violations to be withheld or masked in any way from the record of an individual possessing a commercial driver’s license.
The State shall revoke, suspend, or cancel the commercial driver’s license of an individual in accordance with regulations issued by the Secretary to carry out section 31310(g).
The State shall operate a commercial driver’s license information system that is compatible with the modernized commercial driver’s license information system under section 31309.
The State shall report a conviction of a foreign commercial driver by that State to the Federal Convictions and Withdrawal Database, or another information system designated by the Secretary to record the convictions. A report shall include—
for a driver holding a foreign commercial driver’s license—
each conviction relating to the operation of a commercial motor vehicle; and
each conviction relating to the operation of a non-commercial motor vehicle; and
for an unlicensed driver or a driver holding a foreign non-commercial driver’s license, each conviction relating to the operation of a commercial motor vehicle.
Not later than 1 year after the date of enactment of the Commercial Motor Vehicle Safety Enhancement Act of 2012, the State shall implement a system and practices for the exclusive electronic exchange of driver history record information on the system the Secretary maintains under section 31309, including the posting of convictions, withdrawals, and disqualifications.
Before renewing or issuing a commercial driver’s license to an individual, the State shall request information pertaining to the individual from the drug and alcohol clearinghouse maintained under section 31306a.
Not later than 5 years after the date of enactment of the Commercial Motor Vehicle Safety Enhancement Act of 2012, the State shall establish and maintain, as part of its driver information system, the capability to receive an electronic copy of a medical examiner’s certificate, from a certified medical examiner, for each holder of a commercial driver’s license issued by the State who operates or intends to operate in interstate commerce.
A State may satisfy the requirements of subsection (a) of this section that the State disqualify an individual from operating a commercial motor vehicle by revoking, suspending, or canceling the driver’s license issued to the individual.
Not later than 30 days after being notified by a State of the proposed issuance of a commercial driver’s license to an individual, the Secretary or the operator of the information system under section 31309 of this title, as the case may be, shall notify the State whether the individual has a commercial driver’s license issued by another State or has been disqualified from operating a commercial motor vehicle by another State or the Secretary.
A State shall submit a plan to the Secretary for complying with the requirements under this section during the period beginning on the date the plan is submitted and ending on September 30, 2016.
A plan submitted by a State under paragraph (1) shall identify—
the actions that the State will take to address any deficiencies in the State’s commercial driver’s license program, as identified by the Secretary in the most recent audit of the program; and
other actions that the State will take to comply with the requirements under subsection (a).
A plan submitted by a State under paragraph (1) shall include a schedule for the implementation of the actions identified under paragraph (2). In establishing the schedule, the State shall prioritize actions to address any deficiencies highlighted by the Secretary as critical in the most recent audit of the program.
A plan submitted by a State under paragraph (1) shall include assurances that the State will take the necessary actions to comply with the requirements of subsection (a) not later than September 30, 2015.
The Secretary shall—
review each plan submitted under paragraph (1);
approve a plan if the Secretary determines that the plan meets the requirements under this subsection and promotes the goals of this chapter; and
disapprove a plan that the Secretary determines does not meet the requirements or does not promote the goals.
If the Secretary disapproves a plan under paragraph (4), the Secretary shall—
provide a written explanation of the disapproval to the State; and
allow the State to modify the plan and resubmit it for approval.
The Secretary may require a State to review and update a plan, as appropriate.
The Secretary shall annually—
compare the relative levels of compliance by States with the requirements under subsection (a); and
make the results of the comparison available to the public.
Source credit: (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1023; Pub. L. 104–88, title IV, § 403(c), Dec. 29, 1995, 109 Stat. 956; Pub. L. 105–178, title IV, § 4011(e), June 9, 1998, 112 Stat. 408; Pub. L. 106–159, title II, § 202, Dec. 9, 1999, 113 Stat. 1760; Pub. L. 109–59, title IV, § 4123(b), Aug. 10, 2005, 119 Stat. 1735; Pub. L. 112–141, div. C, title II, §§ 32203(b), 32302(d), 32305(b), July 6, 2012, 126 Stat. 784, 790, 792; Pub. L. 112–196, § 2, Oct. 19, 2012, 126 Stat. 1459; Pub. L. 114–94, div. A, title V, § 5401(d), Dec. 4, 2015, 129 Stat. 1547; Pub. L. 118–156, § 2(b), Dec. 17, 2024, 138 Stat. 1718.)
- 1994Enacted · Pub. L. 103-272 · 108 Stat. 1023
- 1995Amended · Pub. L. 104-88 · 109 Stat. 956
- 1998Amended · Pub. L. 105-178 · 112 Stat. 408
- 1999Amended · Pub. L. 106-159 · 113 Stat. 1760
- 2005Amended · Pub. L. 109-59 · 119 Stat. 1735
- 2012Amended · Pub. L. 112-141 · 126 Stat. 784, 790, 792
- 2012Amended · Pub. L. 112-196 · 126 Stat. 1459
- 2015Amended · Pub. L. 114-94 · 129 Stat. 1547
- 2024Amended · Pub. L. 118-156 · 138 Stat. 1718
A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-272 on 1994-07-05.
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