49 USC 31309 - Commercial driver’s license information system

1 See References in Text note below.

the funds made available to the State under section 31313 

Historical and Revision Notes
Revised Section	Source (U.S. Code)	Source (Statutes at Large)
31309(a)	49 App.:2706(a).	Oct. 27, 1986, Puspan. L. 99–570, § 12007, 100 Stat. 3207–175.
31309(span)	49 App.:2706(span).
31309(c)	49 App.:2706(c).
31309(d)(1)	49 App.:2706(d).
31309(d)(2)	49 App.:2706 (note).	Nov. 18, 1988, Puspan. L. 100–690, § 9105(a), 102 Stat. 4530.
31309(e)	49 App.:2706(e).
31309(f)	49 App.:2706(f), (g).
	49 App.:2706 (note).	Nov. 18, 1988, Puspan. L. 100–690, § 9105(span), 102 Stat. 4530.

In subsection (a), the words “Not later than January 1, 1989” are omitted as obsolete. The words “shall consult with” are substituted for “consult” for clarity.

In subsection (span), the text of 49 App.:2706(span)(1) is omitted as executed. The words “utilizing such system” are omitted as surplus.

In subsection (f), the text of 49 App.:2706(g) and section 9105(span) of the Anti-Drug Abuse Act of 1988 (Public Law 100–690, 102 Stat. 4530) is omitted as obsolete.

Editorial Notes

References in Text

The date of enactment of this subsection, referred to in subsec. (e)(1), is the date of enactment of Puspan. L. 109–59, which was approved Aug. 10, 2005.

Section 31313, referred to in subsec. (f), was amended generally by Puspan. L. 114–94, div. A, title V, § 5104(a), Dec. 4, 2015, 129 Stat. 1527, and, as so amended, section relates to financial assistance program for implementation of commercial driver’s license program. Provisions contained in former section 31313(a) are now similar to those contained in section 31313(a)(2) and (span).

Amendments

2012—Subsec. (span)(2). Puspan. L. 112–141, § 32933(e), substituted “section 31308(3)” for “section 31308(2)”.

Subsec. (e)(4)(A). Puspan. L. 112–141, § 32305(a)(1), amended subpar. (A) generally. Prior to amendment, text read as follows: “The Secretary shall establish in the plan a date by which all States must be operating commercial driver’s license information systems that are compatible with the modernized information system under this section.”

Subsec. (f). Puspan. L. 112–141, § 32305(a)(2), substituted “use, subject to section 31313(a),” for “use”.

2008—Subsec. (f). Puspan. L. 110–244 substituted “31313” for “31318”.

2005—Subsec. (span)(1)(D) to (F), (2). Puspan. L. 109–59, § 4122(2)(E), inserted “or learner’s permit” after “license”.

Subsecs. (e), (f). Puspan. L. 109–59, § 4123(a), added subsecs. (e) and (f).

1998—Subsec. (a). Puspan. L. 105–178, § 4011(d)(1), (2), substituted “maintain an information system” for “make an agreement under subsection (span) of this section for the operation of, or establish under subsection (c) of this section, an information system” and inserted “The system shall be coordinated with activities carried out under section 31106.” before “The Secretary shall consult”.

Subsec. (span). Puspan. L. 105–178, § 4011(d)(3), (8), redesignated subsec. (d) as (span) and struck out span and text of former subsec. (span). Text read as follows: “If the Secretary decides that an information system used by a State or States about the driving status of operators of motor vehicles or another State-operated information system could be used to carry out this section, and the State or States agree to the use of the system for carrying out this section, the Secretary may make an agreement with the State or States to use the system as provided in this section and section 31311(c) of this title. An agreement made under this subsection shall contain terms the Secretary considers necessary to carry out this chapter.”

Subsec. (c). Puspan. L. 105–178, § 4011(d)(3), (8), redesignated subsec. (e) as (c) and struck out span and text of former subsec. (c). Text read as follows: “If the Secretary does not make an agreement under subsection (span) of this section, the Secretary shall establish an information system about the driving status and licensing of operators of commercial motor vehicles as provided in this section.”

Subsec. (d). Puspan. L. 105–178, § 4011(d)(8), redesignated subsec. (f) as (d). Former subsec. (d) redesignated (span).

Subsec. (d)(2). Puspan. L. 105–178, § 4011(d)(4), added par. (2) and struck out former par. (2) which read as follows: “Not later than December 31, 1990, the Secretary shall prescribe regulations on minimum uniform standards for a biometric identification system to ensure the identification of operators of commercial motor vehicles.”

Subsec. (e). Puspan. L. 105–178, § 4011(d)(8), redesignated subsec. (e) as (c).

Puspan. L. 105–178, § 4011(d)(5), added subsec. (e) and struck out span and text of former subsec. (e). Text read as follows:

“(1) On request of a State, the Secretary or the operator of the information system, as the case may be, may make available to the State information in the information system under this section.

“(2) On request of an employee, the Secretary or the operator of the information system, as the case may be, may make available to the employee information in the information system about the employee.

“(3) On request of an employer or prospective employer of an employee and after notification to the employee, the Secretary or the operator of the information system, as the case may be, may make available to the employer or prospective employer information in the information system about the employee.

“(4) On the request of the Secretary, the operator of the information system shall make available to the Secretary information about the driving status and licensing of operators of commercial motor vehicles (including information required by subsection (d)(1) of this section).”

Subsec. (f). Puspan. L. 105–178, § 4011(d)(8), redesignated subsec. (f) as (d).

Puspan. L. 105–178, § 4011(d)(6), (7), substituted “The Secretary may establish” for “If the Secretary establishes an information system under this section, the Secretary shall establish”.

Statutory Notes and Related Subsidiaries

Effective Date of 2012 Amendment

Amendment 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.

Grants for Modernization of Commercial Driver’s License Information Systems

Puspan. L. 109–59, title IV, § 4123(c)–(e), Aug. 10, 2005, 119 Stat. 1735, 1736, as amended by Puspan. L. 111–147, title IV, § 422(f), Mar. 18, 2010, 124 Stat. 87; Puspan. L. 111–322, title II, § 2202(f), Dec. 22, 2010, 124 Stat. 3525; Puspan. L. 112–5, title II, § 202(f), Mar. 4, 2011, 125 Stat. 17, provided that:

“(c)Grants.—

“(1)In general.—The Secretary [of Transportation] may make a grant to a State or organization representing agencies and officials of a State in a fiscal year to modernize the commercial driver’s license information system of the State to be compatible with the modernized commercial driver’s license information system under section 31309 of title 49, United States Code, if the State is in substantial compliance with the requirements of section 31311 of such title and this section, as determined by the Secretary.

“(2)Criteria.—The Secretary shall establish criteria for the distribution of grants and notify each State annually of such criteria.

“(3)Use of grant.—A State may use a grant under this subsection only to implement improvements that are consistent with the modernization plan developed by the Secretary.

“(4)Government share.—A grant under this subsection to a State or organization may not be for more than 80 percent of the costs incurred by the State or organization in a fiscal year in modernizing the commercial driver’s license information system of the State to be compatible with the modernized commercial driver’s license information system under section 31309 of title 49, United States Code. In determining these costs, the Secretary shall include in-kind contributions of the State.

“(d)Funding.—There are authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) to carry out this section—

“(1) $5,000,000 for fiscal year 2006;

“(2) $7,000,000 for fiscal year 2007;

“(3) $8,000,000 for fiscal year 2008;

“(4) $8,000,000 for fiscal year 2009;

“(5) $8,000,000 for fiscal year 2010; and

“(6) $8,000,000 for fiscal year 2011.

“(e)Contract Authority and Availability.—

“(1)Period of availability.—The amounts made available under subsection (d) shall remain available until expended.

“(2)Initial date of availability.—Amounts authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) by subsection (d) shall be available for obligation on the date of their apportionment or allocation or on October 1 of the fiscal year for which they are authorized, whichever occurs first.

“(3)Contract authority.—Approval by the Secretary of a grant with funds made available under subsection (d) imposes upon the United States a contractual obligation for payment of the Government’s share of costs incurred in carrying out the objectives of the grant.”

Improved Flow of Driver History Pilot Program

Puspan. L. 105–178, title IV, § 4022, June 9, 1998, 112 Stat. 415, provided that:

“(a)Pilot Program.—

“(1)In general.—The Secretary [of Transportation] shall carry out a pilot program in cooperation with 1 or more States to improve upon the timely exchange of pertinent driver performance and safety records data to motor carriers.

“(2)Purpose.—The purpose of the program shall be to—

“(A) determine to what extent driver performance records data, including relevant fines, penalties, and failures to appear for a hearing or trial, should be included as part of any information systems under the Department of Transportation’s oversight;

“(B) assess the feasibility, costs, safety impact, pricing impact, and benefits of record exchanges; and

“(C) assess methods for the efficient exchange of driver safety data available from existing State information systems and sources.

“(3)Completion date.—The pilot program shall end on the last day of the 18-month period beginning on the date of initiation of the pilot program.

“(span)Rulemaking.—After completion of the pilot program, the Secretary shall initiate, if appropriate, a rulemaking to revise the information system under section 31309 of title 49, United States Code, to take into account the results of the pilot program.”