§31132 — Title 49 Transportation | U.S. Code

Summary

Defines key words used for rules about commercial motor vehicles and the people who work with them. "commercial motor vehicle" means a self-powered or towed highway vehicle used in interstate commerce to move people or property if it meets any of four tests: has a gross vehicle weight rating or gross vehicle weight of at least 10,001 pounds (whichever is greater); is built or used to carry more than 8 passengers (including the driver) for pay; is built or used to carry more than 15 passengers (including the driver) and not for pay; or carries hazardous material the Secretary of Transportation finds hazardous under section 5103 and in amounts that require placards. "employee" means a driver of a commercial motor vehicle (including an independent contractor when driving), a mechanic, a freight handler, or another non-employer person who directly affects CMV safety while working and who is not a U.S., State, or local government employee acting in that government job. "employer" means a person in a business that affects interstate commerce who owns or leases a commercial motor vehicle for that business or assigns someone to drive it, but does not include the U.S. Government, a State, or a political subdivision of a State. "interstate commerce" means trade, traffic, or transportation in the United States between a place in a State and a place outside that State (including outside the United States), or between two places in the same State when the trip goes through another State or through a place outside the United States. "intrastate commerce" means trade, traffic, or transportation that stays within one State and is not interstate commerce. "medical examiner" means a person licensed, certified, or registered under Federal Motor Carrier Safety Administration rules to serve as a medical examiner. "regulation" means a standard or an order. "State" means a State of the United States and the District of Columbia, and in sections 31136 and 31140–31142 also includes a political subdivision of a State. "State law" includes laws made by political subdivisions of a State. "State regulation" includes regulations made by political subdivisions of a State. "United States" means the States of the United States and the District of Columbia.

Title 49, §31132

Transportation — Source: USLM XML via OLRC

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 section 31136 and 31140–31142 11 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.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 3113249 App.:2503.Oct. 30, 1984, Pub. L. 98–554, § 204, 98 Stat. 2833. The text of 49 App.:2503(6) is omitted as unnecessary because of 1:1. The text of 49 App.:2503(8) is omitted as surplus because the complete name of the Commercial Motor Vehicle Safety Regulatory Review Panel is used the first time the term appears in a section. The text of 49 App.:2503(9) is omitted as surplus because the complete name of the Secretary of Transportation is used the first time the term appears in a section.

Editorial Notes

References in Text

section 31140 of this title, referred to in par. (8), was repealed by Pub. L. 105–178, title IV, § 4008(d), June 9, 1998, 112 Stat. 404.

Amendments

2005—Pars. (6) to (11). Pub. L. 109–59 added par. (6) and redesignated former pars. (6) to (10) as (7) to (11), respectively. 1998—Par. (1)(A). Pub. L. 105–178, § 4008(a)(1), inserted “or gross vehicle weight” after “rating” and “, whichever is greater” after “pounds”. Par. (1)(B). Pub. L. 105–178, § 4008(a)(2), which directed substitution of “more than 8 passengers (including the driver) for compensation;” for “passengers” and all that follows through semicolon at end, was executed by making the substitution for “passengers for compensation, but excluding vehicles providing taxicab service and having a capacity of not more than 6 passengers and not operated on a regular route or between specified places;” to reflect the probable intent of Congress. 1995—Par. (1)(B) to (D). Pub. L. 104–88 added subpars. (B) and (C), redesignated former subpar. (C) as (D), and struck out former subpar. (B) which read as follows: “is designed to transport more than 15 passengers including the driver; or”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1995 AmendmentAmendment 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.

§31132 Definitions

Summary

Title 49, §31132

Notes & Related Subsidiaries

Historical and Revision Notes

Editorial Notes

References in Text

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata