§31136. United States Government regulations — Inbound Citations
49 U.S.C. § 31136
Cited by 20 provisions in release 119-102.
Citations to 49 U.S.C. § 31136 as a whole
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(C) an individual employed as a commercial motor vehicle driver or a school bus driver who uses a personal wireless communications device within the scope of such individual’s employment if such use is permitted under the regulations promulgated pursuant to section 31136 of title 49;
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(A) The terms “motorcoach” and “motorcoach services” have the meanings given the terms in section 32702 of the Motorcoach Enhanced Safety Act of 2012 (49 U.S.C. 31136 note).
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(8) “State” means a State of the United States, the District of Columbia, and, in sections 31136 and 31140–311421 of this title, a political subdivision of a State.
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(A) has the same effect as a regulation prescribed by the Secretary under section 31136;
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(2) If the Secretary decides a State law or regulation has the same effect as a regulation prescribed by the Secretary under section 31136 of this title, the State law or regulation may be enforced.
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(3) If the Secretary decides a State law or regulation is less stringent than a regulation prescribed by the Secretary under section 31136 of this title, the State law or regulation may not be enforced.
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(4) If the Secretary decides a State law or regulation is additional to or more stringent than a regulation prescribed by the Secretary under section 31136 of this title, the State law or regulation may be enforced unless the Secretary also decides that—(A) the State law or regulation has no safety benefit;(B) the State law or regulation is incompatible with the regulation prescribed by the Secretary; or(C) enforcement of the State law or regulation would cause an unreasonable burden on interstate commerce.
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(b) The Secretary of Transportation shall prescribe regulations on Government standards for inspection of commercial motor vehicles and retention by employers of records of an inspection. The standards shall provide for annual or more frequent inspections of a commercial motor vehicle unless the Secretary finds that another inspection system is as effective as an annual or more frequent inspection system. Regulations prescribed under this subsection are deemed to be regulations prescribed under section 31136 of this title.
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(a) The Secretary may grant a waiver that relieves a person from compliance in whole or in part with a regulation issued under this chapter or section 31136 if the Secretary determines that it is in the public interest to grant the waiver and that the waiver is likely to achieve a level of safety that is equivalent to, or greater than, the level of safety that would be obtained in the absence of the waiver—(1) for a period not in excess of 3 months;(2) limited in scope and circumstances;(3) for nonemergency and unique events; and(4) subject to such conditions as the Secretary may impose.
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(1) Upon receipt of a request pursuant to this subsection, the Secretary of Transportation may grant to a person or class of persons an exemption from a regulation prescribed under this chapter or section 31136 if the Secretary finds such exemption would likely achieve a level of safety that is equivalent to, or greater than, the level that would be achieved absent such exemption.
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(C) continuation of the exemption would not be consistent with the goals and objectives of this chapter or section 31136, as the case may be.
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(1) The Secretary may conduct pilot programs to evaluate alternatives to regulations relating to, or innovative approaches to, motor carrier, commercial motor vehicle, and driver safety. Such pilot programs may include exemptions from a regulation prescribed under this chapter or section 31136 if the pilot program contains, at a minimum, the elements described in paragraph (2). The Secretary shall publish a detailed description of each pilot program, including the exemptions to be considered, and provide notice and an opportunity for public comment before the effective date of the program.
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(3) The Secretary shall immediately revoke participation in a pilot program of a motor carrier, commercial motor vehicle, or driver for failure to comply with the terms and conditions of the pilot program or if continued participation would not be consistent with the goals and objectives of this chapter or section 31136, as the case may be.
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(4) The Secretary shall immediately terminate a pilot program if its continuation would not be consistent with the goals and objectives of this chapter or section 31136, as the case may be.
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(d) During the time period that a waiver, exemption, or pilot program is in effect under this chapter or section 31136, no State shall enforce any law or regulation that conflicts with or is inconsistent with the waiver, exemption, or pilot program with respect to a person operating under the waiver or exemption or participating in the pilot program.
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(1) Notwithstanding any other provision of law, regulations issued under this section or section 31136 regarding—(A) maximum driving and on-duty times applicable to operators of commercial motor vehicles,(B) physical testing, reporting, or recordkeeping, and(C) the installation of automatic recording devices associated with establishing the maximum driving and on-duty times referred to in subparagraph (A),shall not apply to any driver of a utility service vehicle during an emergency period of not more than 30 days declared by an elected State or local government official under paragraph (2) in the area covered by the declaration.
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(A) The term “driver of a utility service vehicle” means any driver who is considered to be a driver of a utility service vehicle for purposes of section 345(a)(4)1 of the National Highway System Designation Act of 1995 (49 U.S.C. 31136 note; 109 Stat. 613).
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(B) The term “utility service vehicle” has the meaning that term has under section 345(e)(6)1 of the National Highway System Designation Act of 1995 (49 U.S.C. 31136 note; 109 Stat2 614–615).
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(1) Notwithstanding any other provision of law, regulations issued under this section or section 31136 (including section 395.1(e)(1)(ii) of title 49, Code of Federal Regulations) regarding reporting, recordkeeping, or documentation of duty status shall not apply to any driver of a ready mixed concrete delivery vehicle if—(A) the driver operates within a 100 air-mile radius of the normal work reporting location;(B) the driver returns to the work reporting location and is released from work within 14 consecutive hours;(C) the driver has at least 10 consecutive hours off duty following each 14 hours on duty;(D) the driver does not exceed 11 hours maximum driving time following 10 consecutive hours off duty; and(E) the motor carrier that employs the driver maintains and retains for a period of 6 months accurate and true time records that show—(i) the time the driver reports for duty each day;(ii) the total number of hours the driver is on duty each day;(iii) the time the driver is released from duty each day; and(iv) the total time for the preceding driving week the driver is used for the first time or intermittently.
Citations to §31136(b)
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Except as provided in section 31136(b) of this title, this subchapter and the regulations prescribed under this subchapter do not affect chapter 51 of this title or a regulation prescribed under chapter 51.