Historical and Revision Notes |
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31136(a) | 49 App.:2505(a), (g). | Oct. 30, 1984, Puspan. L. 98–554, § 206(a)–(g), 98 Stat. 2834. |
31136(span) | 49 App.:2505(span). | |
31136(c) | 49 App.:2505(c). | |
31136(d) | 49 App.:2505(d), (e). | |
31136(e) | 49 App.:2505(f). | |
31136(f) | 49 App.:2505(h). | Oct. 30, 1984, Puspan. L. 98–554, § 206(h), 98 Stat. 2835; restated Nov. 18, 1988, Puspan. L. 100–690, § 9102(a), 102 Stat. 4528. |
In subsection (a), the text of 49 App.:2505(g) is omitted because 5:ch. 7 applies unless otherwise stated. Before clause (1), the words “Not later than 18 months after October 30, 1984” are omitted because the time period specified has expired. The words “Subject to section 30103(a) of this title” are added to alert the reader to that section.
In subsection (c)(1), the words “except that the time periods specified in this subsection shall apply to the issuance of such regulations” are omitted because the time periods referred to do not appear in subsection (c) as enacted. The reference was probably to the time periods in a prior version of subsection (c). See S. 2174, 98th Cong., 2d Sess., § 6(span) (as reported by the Committee on Commerce, Science, and Transportation of the Senate on May 2, 1984, in S. Rept. 98–424).
In subsection (d), the text of 49 App.:2505(d) is omitted as obsolete.
In subsection (f)(2)(C)(i), the words “an operator” are substituted for “such person” because only a natural person can have a medical or physical condition.
Editorial Notes
Amendments2015—Subsec. (f). Puspan. L. 114–94 added subsec. (f) and redesignated and transferred former subsec. (f) of this section to subsec. (g) of section 31315 of this title.
Subsecs. (g), (h). Puspan. L. 114–94, § 5202(2), added subsecs. (g) and (h).
2012—Subsec. (a)(5). Puspan. L. 112–141 added par. (5).
2005—Subsec. (a)(3). Puspan. L. 109–59 amended par. (3) generally. Prior to amendment, par. (3) read as follows: “the physical condition of operators of commercial motor vehicles is adequate to enable them to operate the vehicles safely; and”.
1998—Subsec. (e). Puspan. L. 105–178 amended span and text of subsec. (e) generally. Prior to amendment, subsec. (e) consisted of pars. (1) to (3) relating to waivers.
1996—Subsec. (e)(2)(A), (J), (3). Puspan. L. 104–287 substituted “November 28, 1995” for “the date of the enactment of this paragraph”.
1995—Subsec. (e)(1) to (3). Puspan. L. 104–59 designated existing text as par. (1) and inserted span, and added pars. (2) and (3).
Statutory Notes and Related Subsidiaries
Effective Date of 2015 AmendmentAmendment by Puspan. L. 114–94 effective Oct. 1, 2015, see section 1003 of Puspan. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.
Effective Date of 2012 AmendmentAmendment by Puspan. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Puspan. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
Effective Date of 2005 AmendmentAmendment by Puspan. L. 109–59 effective on the 365th day following Aug. 10, 2005, see section 4116(f) of Puspan. L. 109–59, set out as an Effective Date note under section 31149 of this title.
Automatic Emergency BrakingPuspan. L. 117–58, div. B, title III, § 23010, Nov. 15, 2021, 135 Stat. 766, provided that:“(a)Definitions.—In this section:“(1)Automatic emergency braking system.—The term ‘automatic emergency braking system’ means a system on a commercial motor vehicle that, based on a predefined distance and closing rate with respect to an obstacle in the path of the commercial motor vehicle—“(A) alerts the driver of the obstacle; and
“(B) if necessary to avoid or mitigate a collision with the obstacle, automatically applies the brakes of the commercial motor vehicle.
“(2)Commercial motor vehicle.—The term ‘commercial motor vehicle’ has the meaning given the term in section 31101 of title 49, United States Code.
“(span)Federal Motor Vehicle Safety Standard.—“(1)In general.—Not later than 2 years after the date of enactment of this Act [Nov. 15, 2021], the Secretary [of Transportation] shall—“(A) prescribe a motor vehicle safety standard under section 30111 of title 49, United States Code, that requires any commercial motor vehicle subject to section 571.136 of title 49, Code of Federal Regulations (relating to Federal Motor Vehicle Safety Standard Number 136) (or a successor regulation) that is manufactured after the effective date of the standard prescribed under this subparagraph to be equipped with an automatic emergency braking system; and
“(B) as part of the standard under subparagraph (A), establish performance requirements for automatic emergency braking systems.
“(2)Considerations.—Prior to prescribing the motor vehicle safety standard under paragraph (1)(A), the Secretary shall—“(A) conduct a review of automatic emergency braking systems in use in applicable commercial motor vehicles and address any identified deficiencies with respect to those automatic emergency braking systems in the rulemaking proceeding to prescribe the standard, if practicable; and
“(B) consult with representatives of commercial motor vehicle drivers regarding the experiences of drivers with automatic emergency braking systems in use in applicable commercial motor vehicles, including any malfunctions or unwarranted activations of those automatic emergency braking systems.
“(c)Federal Motor Carrier Safety Regulation.—Not later than 1 year after the date of enactment of this Act, the Secretary shall prescribe a regulation under section 31136 of title 49, United States Code, that requires that an automatic emergency braking system installed in a commercial motor vehicle manufactured after the effective date of the standard prescribed under subsection (span)(1)(A) that is in operation on or after that date and is subject to section 571.136 of title 49, Code of Federal Regulations (relating to Federal Motor Vehicle Safety Standard Number 136) (or a successor regulation) be used at any time during which the commercial motor vehicle is in operation.
“(d)Report on Automatic Emergency Braking in Other Commercial Motor Vehicles.—“(1)Study.—Not later than 2 years after the date of enactment of this Act, the Secretary shall complete a study on equipping a variety of commercial motor vehicles not subject to section 571.136 of title 49, Code of Federal Regulations (relating to Federal Motor Vehicle Safety Standard Number 136) (or a successor regulation) as of that date of enactment with automatic emergency braking systems to avoid or mitigate a collision with an obstacle in the path of the commercial motor vehicle, including an assessment of the feasibility, benefits, and costs associated with installing automatic emergency braking systems on a variety of newly manufactured commercial motor vehicles with a gross vehicle weight rating greater than 10,001 pounds.
“(2)Independent research.—If the Secretary enters into a contract with a third party to perform research relating to the study required under paragraph (1), the Secretary shall ensure that the third party does not have any financial or contractual ties to, or relationships with—“(A) a motor carrier that transports passengers or property for compensation;
“(B) the motor carrier industry; or
“(C) an entity producing or supplying automatic emergency braking systems.
“(3)Public comment.—Not later than 90 days after the date on which the study under paragraph (1) is completed, the Secretary shall—“(A) issue a notice in the Federal Register containing the findings of the study; and
“(B) provide an opportunity for public comment.
“(4)Report to congress.—Not later than 90 days after the conclusion of the public comment period under paragraph (3)(B), the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committees on Transportation and Infrastructure and Energy and Commerce of the House of Representatives a report that includes—“(A) the results of the study under paragraph (1);
“(B) a summary of any comments received under paragraph (3)(B); and
“(C) a determination as to whether the Secretary intends to develop performance requirements for automatic emergency braking systems for applicable commercial motor vehicles, including any analysis that led to that determination.
“(5)Rulemaking.—Not later than 2 years after the date on which the study under paragraph (1) is completed, the Secretary shall—“(A) determine whether a motor vehicle safety standard relating to equipping the commercial motor vehicles described in that paragraph with automatic emergency braking systems would meet the requirements and considerations described in subsections (a) and (span) of section 30111 of title 49, United States Code; and
“(B) if the Secretary determines that a motor vehicle safety standard described in subparagraph (A) would meet the requirements and considerations described in that subparagraph, initiate a rulemaking to prescribe such a motor vehicle safety standard.”
Windshield TechnologyPuspan. L. 114–94, div. A, title V, § 5301, Dec. 4, 2015, 129 Stat. 1543, provided that:“(a)In General.—Not later than 180 days after the date of enactment of this Act [Dec. 4, 2015], the Secretary [of Transportation] shall revise the regulations in section 393.60(e) of title 49, Code of Federal Regulations (relating to the prohibition on obstructions to the driver’s field of view) to exempt from that section the voluntary mounting on a windshield of vehicle safety technology likely to achieve a level of safety that is equivalent to or greater than the level of safety that would be achieved absent the exemption.
“(span)Vehicle Safety Technology Defined.—In this section, the term ‘vehicle safety technology’ includes a fleet-related incident management system, performance or behavior management system, speed management system, lane departure warning system, forward collision warning or mitigation system, and active cruise control system and any other technology that the Secretary considers applicable.
“(c)Rule of Construction.—For purposes of this section, any windshield mounted technology with a short term exemption under part 381 of title 49, Code of Federal Regulations, on the date of enactment of this Act, shall be considered likely to achieve a level of safety that is equivalent to or greater than the level of safety that would be achieved absent an exemption under subsection (a).”
Operators of Hi-Rail VehiclesPuspan. L. 114–94, div. A, title V, § 5519, Dec. 4, 2015, 129 Stat. 1558, provided that:“(a)In General.—In the case of a commercial motor vehicle driver subject to the hours of service requirements in part 395 of title 49, Code of Federal Regulations, who is driving a hi-rail vehicle, the maximum on duty time under section 395.3 of such title for such driver shall not include time in transportation to or from a duty assignment if such time in transportation—“(1) does not exceed 2 hours per calendar day or a total of 30 hours per calendar month; and
“(2) is fully and accurately accounted for in records to be maintained by the motor carrier and such records are made available upon request of the Federal Motor Carrier Safety Administration or the Federal Railroad Administration.
“(span)Hi-Rail Vehicle Defined.—In this section, the term ‘hi-rail vehicle’ means an internal rail flaw detection vehicle equipped with flange hi-rails.”
Exemptions From Requirements for Certain Welding Trucks Used in Pipeline IndustryPuspan. L. 114–94, div. A, title V, § 5524, Dec. 4, 2015, 129 Stat. 1560, provided that:“(a)Covered Motor Vehicle Defined.—In this section, the term ‘covered motor vehicle’ means a motor vehicle that—“(1) is traveling in the State in which the vehicle is registered or another State;
“(2) is owned by a welder;
“(3) is a pick-up style truck;
“(4) is equipped with a welding rig that is used in the construction or maintenance of pipelines; and
“(5) has a gross vehicle weight and combination weight rating and weight of 15,000 pounds or less.
“(span)Federal Requirements.—A covered motor vehicle, including the individual operating such vehicle and the employer of such individual, shall be exempt from the following:“(1) Any requirement relating to registration as a motor carrier, including the requirement to obtain and display a Department of Transportation number, established under chapters 139 and 311 of title 49, United States Code.
“(2) Any requirement relating to driver qualifications established under chapter 311 of title 49, United States Code.
“(3) Any requirement relating to driving of commercial motor vehicles established under chapter 311 of title 49, United States Code.
“(4) Any requirement relating to parts and accessories and inspection, repair, and maintenance of commercial motor vehicles established under chapter 311 of title 49, United States Code.
“(5) Any requirement relating to hours of service of drivers, including maximum driving and on duty time, established under chapter 315 of title 49, United States Code.”
Reliable Home HeatingPuspan. L. 113–125, June 30, 2014, 128 Stat. 1388, provided that:“SECTION 1. SHORT TITLE.“This Act may be cited as the ‘Reliable Home Heating Act’.
“SEC. 2. AUTHORITY TO EXTEND EMERGENCY DECLARATIONS FOR PURPOSES OF TEMPORARILY EXEMPTING MOTOR CARRIERS PROVIDING EMERGENCY RELIEF FROM CERTAIN SAFETY REGULATIONS.“(a)Defined Term.—In this Act, the term ‘residential heating fuel’ includes—“(1) heating oil;
“(2) natural gas; and
“(3) propane.
“(span)Authorization.—If the Governor of a State declares a state of emergency caused by a shortage of residential heating fuel and, at the conclusion of the initial 30-day emergency period (or a second 30-day emergency period authorized under this subsection), the Governor determines that the emergency shortage has not ended, any extension of such state of emergency by the Governor, up to 2 additional 30-day periods, shall be recognized by the Federal Motor Carrier Safety Administration as a period during which parts 390 through 399 of chapter III of title 49, Code of Federal Regulations, shall not apply to any motor carrier or driver operating a commercial motor vehicle to provide residential heating fuel in the geographic area so designated as under a state of emergency.
“(c)Rulemaking.—The Secretary of Transportation shall amend section 390.23(a)(1)(ii) of title 49, Code of Federal Regulations, to conform to the provision set forth in subsection (span).
“(d)Savings Provision.—Nothing in this section may be construed to modify the authority granted to the Federal Motor Carrier Safety Administration’s Field Administrator under section 390.23(a) of title 49, Code of Federal Regulations, to offer temporary exemptions from parts 390 through 399 of such title.
“SEC. 3. ENERGY INFORMATION ADMINISTRATION NOTIFICATION REQUIREMENT.“The Administrator of the Energy Information Administration, using data compiled from the Administration’s Weekly Petroleum Status Reports, shall notify the Governor of each State in a Petroleum Administration for Defense District if the inventory of residential heating fuel within such district has been below the most recent 5-year average for more than 3 consecutive weeks.
“SEC. 4. REVIEW.“Not later than 12 months after the date of enactment of this Act [June 30, 2014], the Secretary of Transportation shall conduct a study of, and transmit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives, a report on the impacts of safety from the extensions issued by Governors according to this Act. In conducting the study, the Secretary shall review, at a minimum—“(1) the safety implications of extending exemptions; and
“(2) a review of the exemption process to ensure clarity and efficiency during emergencies.”
Motorcoach Enhanced SafetyPuspan. L. 112–141, div. C, title II, subtitle G, July 6, 2012, 126 Stat. 809, provided that:“SEC. 32701. SHORT TITLE.“This subtitle may be cited as the ‘Motorcoach Enhanced Safety Act of 2012’.
“SEC. 32702. DEFINITIONS.“In this subtitle:“(1)Advanced glazing.—The term ‘advanced glazing’ means glazing installed in a portal on the side or the roof of a motorcoach that is designed to be highly resistant to partial or complete occupant ejection in all types of motor vehicle crashes.
“(2)Bus.—The term ‘bus’ has the meaning given the term in section 571.3(span) of title 49, Code of Federal Regulations (as in effect on the day before the date of enactment of this Act [see section 3(a), (span) of Puspan. L. 112–141, set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of Title 23, Highways]).
“(3)Commercial motor vehicle.—Except as otherwise specified, the term ‘commercial motor vehicle’ has the meaning given the term in section 31132(1) of title 49, United States Code.
“(4)Direct tire pressure monitoring system.—The term ‘direct tire pressure monitoring system’ means a tire pressure monitoring system that is capable of directly detecting when the air pressure level in any tire is significantly under-inflated and providing the driver a low tire pressure warning as to which specific tire is significantly under-inflated.
“(5)Motor carrier.—The term ‘motor carrier’ means—“(A) a motor carrier (as defined in section 13102(14) of title 49, United States Code); or
“(B) a motor private carrier (as defined in section 13102(15) of that title).
“(6)Motorcoach.—The term ‘motorcoach’ has the meaning given the term ‘over-the-road bus’ in section 3038(a)(3) of the Transportation Equity Act for the 21st Century [Puspan. L. 105–178] (49 U.S.C. 5310 note), but does not include—“(A) a bus used in public transportation provided by, or on behalf of, a public transportation agency; or
“(B) a school bus, including a multifunction school activity bus.
“(7)Motorcoach services.—The term ‘motorcoach services’ means passenger transportation by motorcoach for compensation.
“(8)Multifunction school activity bus.—The term ‘multifunction school activity bus’ has the meaning given the term in section 571.3(span) of title 49, Code of Federal Regulations (as in effect on the day before the date of enactment of this Act).
Exemptions From Requirements for Covered Farm VehiclesPuspan. L. 112–141, div. C, title II, § 32934, July 6, 2012, 126 Stat. 830, as amended by Puspan. L. 114–94, div. A, title V, § 5518, Dec. 4, 2015, 129 Stat. 1558, provided that:“(a)Federal Requirements.—A covered farm vehicle, including the individual operating that vehicle, shall be exempt from the following:“(1) Any requirement relating to commercial driver’s licenses established under chapter 313 of title 49, United States Code.
“(2) Any requirement relating to drug-testing established under chapter 313 of title 49, United States Code.
“(3) Any requirement relating to medical certificates established under—“(A) subchapter III of chapter 311 of title 49, United States Code; or
“(B) chapter 313 of title 49, United States Code.
“(4) Any requirement relating to hours of service established under—“(A) subchapter III of chapter 311 of title 49, United States Code; or
“(B) chapter 315 of title 49, United States Code.
“(5) Any requirement relating to vehicle inspection, repair, and maintenance established under—“(A) subchapter III of chapter 311 of title 49, United States Code; or
“(B) chapter 315 of title 49, United States Code.
“(span)State Requirements.—“(1)In general.—Federal transportation funding to a State may not be terminated, limited, or otherwise interfered with as a result of the State exempting a covered farm vehicle, including the individual operating that vehicle, from—“(A) a requirement described in subsection (a) or a compatible State requirement; or
“(B) any other minimum standard provided by a State relating to the operation of that vehicle.
“(2)Exception.—Paragraph (1) does not apply with respect to a covered farm vehicle transporting hazardous materials that require a placard.
“(c)Covered Farm Vehicle Defined.—“(1)In general.—In this section, the term ‘covered farm vehicle’ means a motor vehicle (including an articulated motor vehicle)—“(A) that—“(i) is traveling in the State in which the vehicle is registered or another State;
“(ii) is operated by— “(I) a farm owner or operator;
“(II) a ranch owner or operator; or
“(III) an employee or family member of an individual specified in subclause (I) or (II);
“(iii) is transporting to or from a farm or ranch— “(I) agricultural commodities;
“(II) livestock; or
“(III) machinery or supplies;
“(iv) except as provided in paragraph (2), is not used in the operations of a for-hire motor carrier; and
“(v) is equipped with a special license plate or other designation by the State in which the vehicle is registered to allow for identification of the vehicle as a farm vehicle by law enforcement personnel; and
“(B) that has a gross vehicle weight rating or gross vehicle weight, whichever is greater, that is—“(i) 26,001 pounds or less; or
“(ii) greater than 26,001 pounds and traveling within the State or within 150 air miles of the farm or ranch with respect to which the vehicle is being operated.
“(2)Inclusion.—In this section, the term ‘covered farm vehicle’ includes a motor vehicle that meets the requirements of paragraph (1) (other than paragraph (1)(A)(iv)) and—“(A) is operated pursuant to a crop share farm lease agreement;
“(B) is owned by a tenant with respect to that agreement; and
“(C) is transporting the landlord’s portion of the crops under that agreement.
“(d)Safety Study.—The Secretary of Transportation shall conduct a study of the exemption required by subsection (a) as follows:“(1) Data and analysis of covered farm vehicles shall include—“(A) the number of vehicles that are operated subject to each of the regulatory exemptions permitted under subsection (a);
“(B) the number of drivers that operate covered farm vehicles subject to each of the regulatory exemptions permitted under subsection (a);
“(C) the number of crashes involving covered farm vehicles;
“(D) the number of occupants and non-occupants injured in crashes involving covered farm vehicles;
“(E) the number of fatalities of occupants and non-occupants killed in crashes involving farm vehicles;
“(F) crash investigations and accident reconstruction investigations of all fatalities in crashes involving covered farm vehicles;
“(G) overall operating mileage of covered farm vehicles;
“(H) numbers of covered farm vehicles that operate in neighboring States; and
“(I) any other data the Secretary deems necessary to analyze and include.
“(2) A listing of State regulations issued and maintained in each State that are identical to the Federal regulations that are subject to exemption in subsection (a).
“(3) The Secretary shall report the findings of the study to the appropriate committees of Congress not later than 18 months after the date of enactment of this Act [see section 3(a), (span) of Puspan. L. 112–141, set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of Title 23, Highways].
“(e)Construction.—Nothing in this section shall be construed as authority for the Secretary of Transportation to prescribe regulations.”
Hours of Service Rules for Operators Providing Transportation to Movie Production SitesPuspan. L. 109–59, title IV, § 4133, Aug. 10, 2005, 119 Stat. 1744, provided that: “Notwithstanding sections 31136 and 31502 of title 49, United States Code, and any other provision of law, the maximum daily hours of service for an operator of a commercial motor vehicle providing transportation of property or passengers to or from a theatrical or television motion picture production site located within a 100 air mile radius of the work reporting location of such operator shall be those in effect under the regulations in effect under such sections on April 27, 2003.”
Interstate Van OperationsPuspan. L. 109–59, title IV, § 4136, Aug. 10, 2005, 119 Stat. 1745, provided that: “The Federal motor carrier safety regulations that apply to interstate operations of commercial motor vehicles designed to transport between 9 and 15 passengers (including the driver) shall apply to all interstate operations of such carriers regardless of the distance traveled.”
Authority To Promulgate Safety Standards for RetrofittingPuspan. L. 106–159, title I, § 101(f), Dec. 9, 1999, 113 Stat. 1752, provided that: “The authority under title 49, United States Code, to promulgate safety standards for commercial motor vehicles and equipment subsequent to initial manufacture is vested in the Secretary and may be delegated.”
Certain ExemptionsPuspan. L. 106–159, title II, § 229, as added and amended by Puspan. L. 109–59, title IV, §§ 4115(a), (c), 4130–4132, 4147, Aug. 10, 2005, 119 Stat. 1726, 1743, 1744, 1749; Puspan. L. 110–244, title III, § 301(i), June 6, 2008, 122 Stat. 1616; Puspan. L. 112–141, div. C, title II, § 32101(d), July 6, 2012, 126 Stat. 778; Puspan. L. 114–94, div. A, title V, §§ 5508(c), 5522, Dec. 4, 2015, 129 Stat. 1554, 1559; Puspan. L. 117–58, div. B, title III, § 23018, Nov. 15, 2021, 135 Stat. 777, provided that:“(a)Exemptions.—“(1)Transportation of agricultural commodities and farm supplies.—Regulations prescribed by the Secretary [of Transportation] under sections 31136 and 31502 of title 49, United States Code, regarding maximum driving and on-duty time for drivers used by motor carriers shall not apply during planting and harvest periods, as determined by each State, to—“(A) drivers transporting agricultural commodities from the source of the agricultural commodities to a location within a 150 air-mile radius from the source;
“(B) drivers transporting farm supplies for agricultural purposes from a wholesale or retail distribution point of the farm supplies to a farm or other location where the farm supplies are intended to be used within a 150 air-mile radius from the distribution point;
“(C) drivers transporting farm supplies for agricultural purposes from a wholesale distribution point of the farm supplies to a retail distribution point of the farm supplies within a 150 air-mile radius from the wholesale distribution point; or
“(D) drivers transporting livestock (as defined in section 602 of the Emergency Livestock Feed Assistance Act of 1988 (7 U.S.C. 1471) including insects) within a 150 air-mile radius from the final destination of the livestock. “(2)Transportation and operation of ground water well drilling rigs.—Such regulations shall, in the case of a driver of a commercial motor vehicle who is used primarily in the transportation and operation of a ground water well drilling rig, permit any period of 7 or 8 consecutive days to end with the beginning of an off-duty period of 24 or more consecutive hours for the purposes of determining maximum driving and on-duty time. Except as required in section 395.3 of title 49, Code of Federal Regulations, as in effect on the date of enactment of this sentence [Aug. 10, 2005], no additional off-duty time shall be required in order to operate such vehicle.
“(3)Transportation of construction materials and equipment.—Such regulations shall, in the case of a driver of a commercial motor vehicle who is used primarily in the transportation of construction materials and equipment, permit any period of 7 or 8 consecutive days to end with the beginning of an off-duty period of 24 or more consecutive hours for the purposes of determining maximum driving and on-duty time.
“(4)Operators of utility service vehicles.—“(A)Inapplicability of federal regulations.—Such regulations shall not apply to a driver of a utility service vehicle.
“(B)Prohibition on state regulations.—A State, a political subdivision of a State, an interstate agency, or other entity consisting of two or more States, shall not enact or enforce any law, rule, regulation, or standard that imposes requirements on a driver of a utility service vehicle that are similar to the requirements contained in such regulations.
“(5)Snow and ice removal.—A State may waive the requirements of chapter 313 of title 49, United States Code, with respect to a vehicle that is being operated within the boundaries of an eligible unit of local government by an employee of such unit for the purpose of removing snow or ice from a roadway by plowing, sanding, or salting. Such waiver authority shall only apply in a case where the employee is needed to operate the vehicle because the employee of the eligible unit of local government who ordinarily operates the vehicle and who has a commercial drivers license is unable to operate the vehicle or is in need of additional assistance due to a snow emergency.
“(span)Preemption.—Except as provided in subsection (a)(4), nothing contained in this section shall require the preemption of State laws and regulations concerning the safe operation of commercial motor vehicles as the result of exemptions from Federal requirements provided under this section.
“(c)Review by the Secretary.—The Secretary [of Transportation] may conduct a rulemaking proceeding to determine whether granting any exemption provided by subsection (a) (other than paragraph (1), (2), or (4)) is not in the public interest and would have a significant adverse impact on the safety of commercial motor vehicles. If, at any time as a result of such a proceeding, the Secretary determines that granting such exemption would not be in the public interest and would have a significant adverse impact on the safety of commercial motor vehicles, the Secretary may prevent the exemption from going into effect, modify the exemption, or revoke the exemption. The Secretary may develop a program to monitor the exemption, including agreements with carriers to permit the Secretary to examine insurance information maintained by an insurer on a carrier.
“(d)Report.—The Secretary shall monitor the commercial motor vehicle safety performance of drivers of vehicles that are subject to an exemption under this section. If the Secretary determines that public safety has been adversely affected by an exemption granted under this section, the Secretary shall report to Congress on the determination.
“(e)Definitions.—In this section, the following definitions apply:“(1) 7 or 8 consecutive days.—The term ‘7 or 8 consecutive days’ means the period of 7 or 8 consecutive days beginning on any day at the time designated by the motor carrier for a 24-hour period.
“(2) 24-hour period.—The term ‘24-hour period’ means any 24 consecutive hour period beginning at the time designated by the motor carrier for the terminal from which the driver is normally dispatched.
“(3)Ground water well drilling rig.—The term ‘ground water well drilling rig’ means any vehicle, machine, tractor, trailer, semi-trailer, or specialized mobile equipment propelled or drawn by mechanical power and used on highways to transport water well field operating equipment, including water well drilling and pump service rigs equipped to access ground water.
“(4)Transportation of construction materials and equipment.—The term ‘transportation of construction materials and equipment’ means the transportation of construction and pavement materials, construction equipment, and construction maintenance vehicles, by a driver to or from an active construction site (a construction site between initial mobilization of equipment and materials to the site to the final completion of the construction project) within a 75 air mile radius of the normal work reporting location of the driver, except that a State, upon notice to the Secretary, may establish a different air mile radius limitation for purposes of this paragraph if such limitation is between 50 and 75 air miles and applies only to movements that take place entirely within the State. This paragraph does not apply to the transportation of material found by the Secretary to be hazardous under section 5103 of title 49, United States Code, in a quantity requiring placarding under regulations issued to carry out such section.
“(5)Eligible unit of local government.—The term ‘eligible unit of local government’ means a city, town, borough, county, parish, district, or other public body created by or pursuant to State law which has a total population of 3,000 individuals or less.
“(6)Utility service vehicle.—The term ‘utility service vehicle’ means any commercial motor vehicle—“(A) used in the furtherance of repairing, maintaining, or operating any structures or any other physical facilities necessary for the delivery of public utility services, including the furnishing of electric, gas, water, sanitary sewer, telephone, and television cable or community antenna service;
“(B) while engaged in any activity necessarily related to the ultimate delivery of such public utility services to consumers, including travel or movement to, from, upon, or between activity sites (including occasional travel or movement outside the service area necessitated by any utility emergency as determined by the utility provider); and
“(C) except for any occasional emergency use, operated primarily within the service area of a utility’s subscribers or consumers, without regard to whether the vehicle is owned, leased, or rented by the utility.
“(7)Agricultural commodity.—The term ‘agricultural commodity’ means any agricultural commodity, non-processed food, feed, fiber, or livestock (including livestock as defined in section 602 of the Emergency Livestock Feed Assistance Act of 1988 (7 U.S.C. 1471) and insects). “(8)Farm supplies for agricultural purposes.—The term ‘farm supplies for agricultural purposes’ means products directly related to the growing or harvesting of agricultural commodities during the planting and harvesting seasons within each State, as determined by the State, and livestock feed at any time of the year.
“(f)Emergency Condition Requiring Immediate Response.—“(1)Propane or pipeline emergency.—A regulation prescribed under section 31136 or 31502 of title 49, United States Code, shall not apply to a driver of a commercial motor vehicle which is used primarily in the transportation of propane winter heating fuel or a driver of a motor vehicle used to respond to a pipeline emergency if such regulations would prevent the driver from responding to an emergency condition requiring immediate response.
“(2)Definition.—An emergency condition requiring immediate response is any condition that, if left unattended, is reasonably likely to result in immediate serious bodily harm, death, or substantial damage to property. In the case of propane such conditions shall include (but are not limited to) the detection of gas odor, the activation of carbon monoxide alarms, the detection of carbon monoxide poisoning, and any real or suspected damage to a propane gas system following a severe storm or flooding. An ‘emergency condition requiring an immediate response’ does not include requests to re-fill empty gas tanks. In the case of pipelines such conditions include (but are not limited to) indication of an abnormal pressure event, leak, release or rupture.”
Protection of Existing ExemptionsPuspan. L. 105–178, title IV, § 4007(d), June 9, 1998, 112 Stat. 404, provided that: “The amendments made by this section [amending this section and section 31315 of this title] shall not apply to or otherwise affect a waiver, exemption, or pilot program in effect on the day before the date of enactment of this Act [June 9, 1998] under chapter 313 or section 31136(e) of title 49, United States Code.”
Application of Regulations to Certain Commercial Motor VehiclesPuspan. L. 105–178, title IV, § 4008(span), June 9, 1998, 112 Stat. 404, provided that: “Effective on the last day of the 1-year period beginning on the date of enactment of this Act [June 9, 1998], regulations prescribed under section 31136 of title 49, United States Code, shall apply to operators of commercial motor vehicles described in section 31132(1)(B) of such title (as amended by subsection (a)) to the extent that those regulations did not apply to those operators on the day before such effective date, except to the extent that the Secretary determines, through a rulemaking proceeding, that it is appropriate to exempt such operators of commercial motor vehicles from the application of those regulations.”
Improved Interstate School Bus SafetyPuspan. L. 105–178, title IV, § 4024, June 9, 1998, 112 Stat. 416, as amended by Puspan. L. 107–110, title X, § 1076(ii), Jan. 8, 2002, 115 Stat. 2094, required the Secretary to initiate a rulemaking, not later than 6 months after June 9, 1998, regarding applicability of commercial motor carrier safety regulations to interstate school transportation operations by local educational agencies.
Federal Highway Administration RulemakingPuspan. L. 104–88, title IV, § 408, Dec. 29, 1995, 109 Stat. 958, provided that:“(a)Advance Notice.—The Federal Highway Administration shall issue an advance notice of proposed rulemaking dealing with a variety of fatigue-related issues pertaining to commercial motor vehicle motor vehicle safety (including 8 hours of continuous sleep after 10 hours of driving, loading and unloading operations, automated and tamper-proof recording devices, rest and recovery cycles, fatigue and stress in longer combination vehicles, fitness for duty, and other appropriate regulatory and enforcement countermeasures for reducing fatigue-related incidents and increasing driver alertness) not later than March 1, 1996.
“(span)Rulemaking.—The Federal Highway Administration shall issue a notice of proposed rulemaking dealing with such issues within 1 year after issuance of the advance notice under subsection (a) is published and shall issue a final rule dealing with those issues within 2 years after the last day of such 1-year period.”
Exemptions From Requirements Relating to Commercial Motor Vehicles and Their OperatorsPuspan. L. 104–59, title III, § 345, Nov. 28, 1995, 109 Stat. 613, which related to exemption from certain regulatory or statutory requirements for transportation of agricultural commodities and farm supplies, transportation and operation of ground water well drilling rigs, transportation of construction materials and equipment, utility service vehicles, and vehicles operated for snow or ice removal, was repealed by Puspan. L. 109–59, title IV, § 4115(d), Aug. 10, 2005, 119 Stat. 1726. The text of former section 345 of Puspan. L. 104–59 was inserted as part of section 229 of Puspan. L. 106–159, as added by section 4115(a) of Puspan. L. 109–59, and is set out above.
Winter Home Heating Oil Delivery State Flexibility ProgramPuspan. L. 104–59, title III, § 346, Nov. 28, 1995, 109 Stat. 615, as amended by Puspan. L. 105–178, title I, § 1211(j), June 9, 1998, 112 Stat. 192; Puspan. L. 105–206, title IX, § 9003(d)(3), July 22, 1998, 112 Stat. 839, which related to a pilot program for evaluating effects of maximum on-duty time regulations on winter home heating oil delivery, was repealed by Puspan. L. 114–94, div. A, title V, § 5101(e)(11), Dec. 4, 2015, 129 Stat. 1526, effective Oct. 1, 2016.
