49 USC 31132 - Definitions

U.S Code last checked for updates: Apr 24, 2024

§ 31132.

Definitions

In this subchapter—

(1)

“commercial motor vehicle” means a self-propelled or towed vehicle used on the highways in interstate commerce to transport passengers or property, if the vehicle—

(A)

has a gross vehicle weight rating or gross vehicle weight of at least 10,001 pounds, whichever is greater;

(B)

is designed or used to transport more than 8 passengers (including the driver) for compensation;

(C)

is designed or used to transport more than 15 passengers, including the driver, and is not used to transport passengers for compensation; or

(D)

is used in transporting material found by the Secretary of Transportation to be hazardous under section 5103 of this title and transported in a quantity requiring placarding under regulations prescribed by the Secretary under section 5103.

(2)

“employee” means an operator of a commercial motor vehicle (including an independent contractor when operating a commercial motor vehicle), a mechanic, a freight handler, or an individual not an employer, who—

(A)

directly affects commercial motor vehicle safety in the course of employment; and

(B)

is not an employee of the United States Government, a State, or a political subdivision of a State acting in the course of the employment by the Government, a State, or a political subdivision of a State.

(3)

“employer”—

(A)

means a person engaged in a business affecting interstate commerce that owns or leases a commercial motor vehicle in connection with that business, or assigns an employee to operate it; but

(B)

does not include the Government, a State, or a political subdivision of a State.

(4)

“interstate commerce” means trade, traffic, or transportation in the United States between a place in a State and—

(A)

a place outside that State (including a place outside the United States); or

(B)

another place in the same State through another State or through a place outside the United States.

(5)

“intrastate commerce” means trade, traffic, or transportation in a State that is not interstate commerce.

(6)

“medical examiner” means an individual licensed, certified, or registered in accordance with regulations issued by the Federal Motor Carrier Safety Administration as a medical examiner.

(7)

“regulation” includes a standard or order.

(8)

“State” means a State of the United States, the District of Columbia, and, in sections 31136 and 31140–31142 1

 See References in Text note below.

of this title, a political subdivision of a State.

(9)

“State law” includes a law enacted by a political subdivision of a State.

(10)

“State regulation” includes a regulation prescribed by a political subdivision of a State.

(11)

“United States” means the States of the United States and the District of Columbia.

(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1000; Pub. L. 104–88, title I, § 104(f), Dec. 29, 1995, 109 Stat. 919; Pub. L. 105–178, title IV, § 4008(a), June 9, 1998, 112 Stat. 404; Pub. L. 109–59, title IV, § 4116(c), Aug. 10, 2005, 119 Stat. 1728.)

cite as: 49 USC 31132