Title 49TransportationRelease 119-73

§31312 Decertification authority

Title 49 › Subtitle SUBTITLE VI— - MOTOR VEHICLE AND DRIVER PROGRAMS › Part PART B— - COMMERCIAL › Chapter CHAPTER 313— - COMMERCIAL MOTOR VEHICLE OPERATORS › § 31312

Last updated Apr 6, 2026|Official source

Summary

If the Secretary of Transportation finds a State is seriously not following the federal commercial driver rules, the Secretary must order that State to stop doing licensing under those rules and to stop issuing any commercial driver’s licenses until the State is back in compliance. Other States that are not under such an order may give a nonresident commercial driver’s license to someone who lives in the barred State if that person meets the federal requirements and the issuing State’s nonresident rules. Any commercial driver’s licenses a State issued before the Secretary’s order remain valid.

Full Legal Text

Title 49, §31312

Transportation — Source: USLM XML via OLRC

(a)If the Secretary of Transportation determines that a State is in substantial noncompliance with this chapter, the Secretary shall issue an order to—
(1)prohibit that State from carrying out licensing procedures under this chapter; and
(2)prohibit that State from issuing any commercial driver’s licenses until such time the Secretary determines such State is in substantial compliance with this chapter.
(b)A State (other than a State subject to an order under subsection (a)) may issue a non-resident commercial driver’s license to an individual domiciled in a State that is prohibited from such activities under subsection (a) if that individual meets all requirements of this chapter and the nonresident licensing requirements of the issuing State.
(c)Nothing in this section shall be construed as invalidating or otherwise affecting commercial driver’s licenses issued by a State before the date of issuance of an order under subsection (a) with respect to the State.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 31312, Pub. L. 103–272, § 1(e),
July 5, 1994, 108 Stat. 1025, related to grants for testing and ensuring the fitness of operators of commercial motor vehicles, prior to repeal by Pub. L. 105–178, title IV, § 4011(f),
June 9, 1998, 112 Stat. 408.

Reference

Citations & Metadata

Citation

49 U.S.C. § 31312

Title 49Transportation

Last Updated

Apr 6, 2026

Release point: 119-73