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49 U.S.C. § 31309Commercial driver’s license information system

submitted 32 years ago by Pub. L. 103-272 to r/title-49-TRANSPORTATION · 851 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary of Transportation must maintain a national information system tracking commercial drivers' licenses, IDs, and disqualifications. It lists each driver's identity and license status, and states help fund and use it. The Secretary must also publish a plan to modernize the system.

(a) General Requirement — The Secretary of Transportation must maintain a national information system that acts as a central repository of information about commercial motor vehicle operators — their licensing, their identity, and any disqualifications. This system must be coordinated with the activities under section 31106, and the Secretary must consult the states while running it. (b) Contents — At minimum, the system must hold, for each operator: whatever information the Secretary thinks is needed to identify them; their name, address, and physical description; their Social Security number or another ID number the Secretary considers appropriate; which state issued their license or permit; the dates it's valid; and whether they've had a commercial license or permit revoked, suspended, or canceled, lost the right to drive in a state, or been disqualified. The system must also be able to handle the unique fraud-resistant identifiers required under section 31308(3). (c) Availability of Information — Information in the system must be made available, and subject to review and correction, following the policy set under section 31106(e). (d) Authorized Operator — The Secretary may let a qualified outside entity operate, maintain, develop, modernize, and improve the system, collect fees for it on the Secretary's behalf, and use those fees, as described below. (e) Fee System — The Secretary or the authorized operator may charge a reasonable fee for using the system, set so total fees roughly match what's needed to run, maintain, and improve the system, including staff and administrative costs. Those fees go into either a government appropriation account or an account the authorized operator sets up, and stay available until spent for those purposes. If there's an authorized operator, the Secretary itself is never charged a fee for accessing the system, and gets to see fee statements every quarter. (f) Modernization Plan — Within 120 days of this subsection becoming law, the Secretary had to publish a national plan to modernize the system — one that meets federal IT security standards, allows all information (including convictions) to be exchanged electronically, checks itself to make sure states are posting data correctly and consistently, links the commercial driver's license to the medical certificate, and lays out a modernization schedule. The Secretary had to develop this plan together with the motor carrier industry, state safety agencies, and state licensing agencies, and the plan must say that states will fund future modernization work. It must also set a date by which every state must run a compatible system and use it to send and receive conviction and disqualification data — a date the Secretary sets after considering the cost and availability of the needed technology and how long it takes to install and test it. The Secretary must then carry out the plan and modernize the system to match it. (g) Funding — At the Secretary's discretion, and subject to certain conditions in section 31313, a state may use funds it gets under that section to modernize its own commercial driver's license information system so it works with the modernized national system.
the actual law source: uscode.house.gov ↗public domain
(a)General Requirement.—

The Secretary of Transportation (referred to in this section as the “Secretary”) shall maintain an information system (referred to in this section as the “information system”) that will serve as a clearinghouse and depository of information about the licensing, identification, and disqualification of operators of commercial motor vehicles. The information system shall be coordinated with activities carried out under section 31106. The Secretary shall consult with the States in carrying out this section.

(b)Contents.—
(1)In general.—

At a minimum, the information system shall include for each operator of a commercial motor vehicle—

(A)

information the Secretary considers appropriate to ensure identification of the operator;

(B)

the name, address, and physical description of the operator;

(C)

the social security account number of the operator or other number or information the Secretary considers appropriate to identify the operator;

(D)

the name of the State that issued the license or learner’s permit to the operator;

(E)

the dates between which the license or learner’s permit is valid; and

(F)

whether the operator had a commercial motor vehicle driver’s license or learner’s permit revoked, suspended, or canceled by a State, lost the right to operate a commercial motor vehicle in a State for any period, or has been disqualified from operating a commercial motor vehicle.

(2)Requirement.—

The information system must accommodate any unique identifiers required to minimize fraud or duplication of a commercial driver’s license or learner’s permit under section 31308(3).

(c)Availability of Information.—

Information in the information system shall be made available and subject to review and correction in accordance with the policy developed under section 31106(e).

(d)Authorized Operator.—

The Secretary may authorize a qualified entity (referred to in this section as the “authorized operator”)—

(1)

to operate, maintain, develop, modernize, and enhance the information system; and

(2)

to collect fees on behalf of the Secretary in accordance with subsection (e); and

(3)

to use any fees collected in accordance with that subsection.

(e)Fee System.—
(1)In general.—

The Secretary or the authorized operator, as applicable, may charge a reasonable fee for use of the information system.

(2)Amount of fees.—

The total amount of fees collected under this subsection shall equal, as nearly as possible, the total amount necessary for the purposes and uses described in paragraph (3)(B).

(3)Use of fees.—

Fees collected under this subsection shall—

(A)

be credited to—

(i)

an appropriation account; or

(ii)

an account designated by the authorized operator; and

(B)

be available only for the purposes of operating, maintaining, developing, modernizing, or enhancing, or any other use relating to, the information system, including for personnel and administration costs relating to the information system.

(4)Availability of amounts.—

Fees collected under this subsection shall remain available until expended for a purpose or use described in paragraph (3)(B).

(5)Authorized operator.—

If the Secretary designates an authorized operator under subsection (d)—

(A)

the Secretary shall not be charged a fee for access to, use of, or data in the information system; and

(B)

the Secretary shall have access to fee statements on a quarterly basis.

(f)Modernization Plan.—
(1)In general.—

Not later than 120 days after the date of enactment of this subsection, the Secretary shall develop and publish a comprehensive national plan to modernize the information system that—

(A)

complies with applicable Federal information technology security standards;

(B)

provides for the electronic exchange of all information including the posting of convictions;

(C)

contains self auditing features to ensure that data is being posted correctly and consistently by the States;

(D)

integrates the commercial driver’s license and the medical certificate; and

(E)

provides a schedule for modernization of the information system.

(2)Consultation.—

The plan shall be developed in consultation with representatives of the motor carrier industry, State safety enforcement agencies, and State licensing agencies designated by the Secretary.

(3)State funding of future efforts.—

The plan shall specify that States will fund future efforts to modernize the information system.

(4)Deadline for state participation.—
(A)In general.—

The plan shall specify—

(i)

a date by which all States shall be operating commercial driver’s license information systems that are compatible with the modernized information system under this section; and

(ii)

that States must use the systems to receive and submit conviction and disqualification data.

(B)Factors to consider.—

In establishing the date under subparagraph (A), the Secretary shall consider the following:

(i)

Availability and cost of technology and equipment needed to comply with subparagraph (A).

(ii)

Time necessary to install, and test the operation of, such technology and equipment.

(5)Implementation.—

The Secretary shall implement the plan developed under subsection (a) and modernize the information system to meet the requirements of the plan.

(g)Funding.—

At the Secretary’s discretion, a State may use, subject to subsections (a)(2) and (b) of section 31313, the funds made available to the State under that section to modernize its commercial driver’s license information system to be compatible with the modernized information system under this section.

Source credit: (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1020; Pub. L. 105–178, title IV, § 4011(d), June 9, 1998, 112 Stat. 407; Pub. L. 109–59, title IV, §§ 4122(2)(E), 4123(a), Aug. 10, 2005, 119 Stat. 1734; Pub. L. 110–244, title III, § 301(h), June 6, 2008, 122 Stat. 1616; Pub. L. 112–141, div. C, title II, §§ 32305(a), 32933(e), July 6, 2012, 126 Stat. 792, 830; Pub. L. 118–156, § 2(a), Dec. 17, 2024, 138 Stat. 1716.)

history & why it existsrecord from the source credit
  • 1994Enacted · Pub. L. 103-272 · 108 Stat. 1020
  • 1998Amended · Pub. L. 105-178 · 112 Stat. 407
  • 2005Amended · Pub. L. 109-59 · 119 Stat. 1734
  • 2008Amended · Pub. L. 110-244 · 122 Stat. 1616
  • 2012Amended · Pub. L. 112-141 · 126 Stat. 792, 830
  • 2024Amended · Pub. L. 118-156 · 138 Stat. 1716

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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