1
 See References in Text note below.
of the National Highway System Designation Act of 1995 (
2
 So in original. Probably should be followed by a period.
614–615).

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

3102(a)

(no source).

3102(b)(1)

49:304(a)(1)–(2) (related to qualifications, hours of service, and safety).

Feb. 4, 1887, ch. 104, 24 Stat. 379, § 204(a)(1)–(2) (related to qualifications, hours of service, and safety), (3) (1st sentence); added Aug. 9, 1935, ch. 498, 49 Stat. 546.

3102(b)(2)

49:304(a)(3) (1st sentence).

49:1655(e)(6)(C).

Oct. 15, 1966, Pub. L. 89–670, § 6(e)(6)(C), 80 Stat. 939.

3102(c)

49:304(a)(3a) (1st sentence).

Feb. 4, 1887, ch. 104, 24 Stat. 379, § 204(a)(3a) (1st sentence); added Aug. 3, 1956, ch. 905, § 2, 70 Stat. 958.

49:1655(e)(6)(C).

Throughout the chapter, the words “Secretary of Transportation” are substituted for “Interstate Commerce Commission” because 49:1655(e)(6)(B)–(D) transferred the authority of the Interstate Commerce Commission under the provisions restated in this chapter to the Secretary of Transportation.

Subsection (a) is included to maintain the jurisdictional scope of the source provisions from which subsections (b) and (c) of the revised section are taken. Subsections (b) and (c) are based on 49:304 which, as part of 49:ch. 8, is now restated as subchapter II of chapter 105 of the revised title. In addition, 49:303(a)(11) (last sentence) extended the jurisdictional scope of 49:304 as provided in subsection (a) of the revised section.

In subsection (b), before clause (1), the words “and to that end” are omitted as surplus. The word “prescribe” is substituted for “establish” for consistency. The word “reasonable” is omitted as surplus.

In subsection (b)(1), the words “as provided in this chapter” are omitted as unnecessary because of the restatement. The term “motor carrier” is substituted for “common carriers by motor vehicle” and “contract carriers by motor vehicle” because they are inclusive.

In subsection (b)(2), the words “when needed” are substituted for “if need therefor is found” to eliminate unnecessary words.

In subsection (c), the word “prescribe” is substituted for “establish” for consistency. The word “reasonable” is omitted as surplus. The words “for a total distance of” are omitted as unnecessary because of the restatement. The words “at least” are substituted for “more than” for consistency. The word “line” is omitted as surplus. The words “possession of the United States” are added for consistency in the revised title. The words “a foreign country” and “the District of Columbia” are omitted as unnecessary because a carrier crossing the boundary of a foreign country or the District of Columbia into or from the United States would necessarily cross the boundary of a State and be covered by the provision related to a State.

References in Text

Section 345 of the National Highway System Designation Act of 1995, referred to in subsec. (e)(4), is section 345 of Pub. L. 104–59, which was set out as a note under section 31136 of this title, prior to repeal by Pub. L. 109–59, title IV, § 4115(d), Aug. 10, 2005, 119 Stat. 1726. The text of section 345 of Pub. L. 104–59 was inserted as part of section 229 of Pub. L. 106–159, as added by section 4115(a) of Pub. L. 109–59, and is set out as a note under section 31136 of this title.

Amendments

2015—Subsec. (f). Pub. L. 114–94 added subsec. (f).

2005—Subsec. (e)(2). Pub. L. 109–59, § 4145(b)(1), substituted “Field Administrator of the Federal Motor Carrier Safety Administration” for “Regional Director of the Federal Highway Administration”.

Subsec. (e)(3). Pub. L. 109–59, § 4145(b)(2), substituted “Field Administrator” for “Regional Director” in introductory provisions.

1998—Subsec. (e). Pub. L. 105–178 added subsec. (e).

1995—Subsec. (a)(1). Pub. L. 104–88 substituted “13501 and 13502” for “10521 and 10522”.

1994—Pub. L. 103–272 renumbered section 3102 of this title as this section and amended it generally, restating it without substantive change.

1984—Subsec. (d). Pub. L. 98–554 added subsec. (d).

Effective Date of 2015 Amendment

Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.

Effective Date of 1995 Amendment

Amendment by Pub. L. 104–88 effective Jan. 1, 1996, see section 2 of Pub. L. 104–88, set out as an Effective Date note under section 1301 of this title.

Savings Provision

Pub. L. 100–690, title IX, § 9102(c), Nov. 18, 1988, 102 Stat. 4529, provided that: “The amendment made by subsection (a) [amending section 2505 of former Title 49, Transportation] shall not be construed as having any effect on the enactment of subsection (d) of section 3102 [now 31502] of title 49, United States Code, which subsection (d) was added to such section by section 206(h) of the Motor Carrier Safety Act of 1984 [Pub. L. 98–554] on October 30, 1984.”

Continued Application of Safety and Maintenance Requirements

Pub. L. 105–178, title IV, § 4012(b), June 9, 1998, 112 Stat. 409, provided that:

“(1)
In general.—
The amendment made by subsection (a) [amending this section] may not be construed—
“(A)
to exempt any utility service vehicle from compliance with any applicable provision of law relating to vehicle mechanical safety, maintenance requirements, or inspections; or
“(B)
to exempt any driver of a utility service vehicle from any applicable provision of law (including any regulation) established for the issuance, maintenance, or periodic renewal of a commercial driver’s license for that driver.
“(2)
Definitions.—
In this subsection, the following definitions apply:
“(A)
Commercial driver’s license.—
The term ‘commercial driver’s license’ has the meaning that term has under section 31301 of title 49, United States Code.
“(B)
Driver of a utility service vehicle.—
The term ‘driver of a utility service vehicle’ has the meaning that term has under section 31502(e)(2) of such title [probably should be section 31502(e)(4)(A) of such title].
“(C)
Regulation.—
The term ‘regulation’ has the meaning that term has under section 31132 of such title.
“(D)
Utility service vehicle.—
The term ‘utility service vehicle’ has the meaning that term has under section 345(e)(6) of the National Highway System Designation Act of 1995 [Pub. L. 104–59] (49 U.S.C. 31136 note; 109 Stat. 614–615).”

Study of Adequacy of Parking Facilities

Pub. L. 105–178, title IV, § 4027, June 9, 1998, 112 Stat. 417, directed the Secretary to conduct a study on the adequacy of parking facilities at commercial truck stops and to transmit a report on the study and authorized appropriations for fiscal years 1999, 2000, and 2001.

Exemptions From Requirements Relating to Commercial Motor Vehicles and Their Operators

For provisions relating to exemptions from regulations prescribed under this section as to maximum driving and on-duty time for drivers used by motor carriers, see section 345 of Pub. L. 104–59, set out as a note under section 31136 of this title.