Attachment C - Title 49 U.S.C. § 31136 titled, “United States Government regulations”

§31136. United States Government regulations
(a) Minimum Safety Standards.—Subject to section 30103(a) of this title, the Secretary of
Transportation shall prescribe regulations on commercial motor vehicle safety. The regulations
shall prescribe minimum safety standards for commercial motor vehicles. At a minimum, the
regulations shall ensure that—
(1) commercial motor vehicles are maintained, equipped, loaded, and operated safely;
(2) the responsibilities imposed on operators of commercial motor vehicles do not impair
their ability to operate the vehicles safely;
(3) the physical condition of operators of commercial motor vehicles is adequate to
enable them to operate the vehicles safely and the periodic physical examinations
required of such operators are performed by medical examiners who have received
training in physical and medical examination standards and, after the national registry
maintained by the Department of Transportation under section 31149(d) is established,
are listed on such registry;
(4) the operation of commercial motor vehicles does not have a deleterious effect on the
physical condition of the operators; and
(5) an operator of a commercial motor vehicle is not coerced by a motor carrier, shipper,
receiver, or transportation intermediary to operate a commercial motor vehicle in
violation of a regulation promulgated under this section, or chapter 51 or chapter 313 of
this title.
(b) Eliminating and Amending Existing Regulations.—The Secretary may not eliminate or
amend an existing motor carrier safety regulation related only to the maintenance, equipment,
loading, or operation (including routing) of vehicles carrying material found to be hazardous
under section 5103 of this title until an equivalent or more stringent regulation has been
prescribed under section 5103.
(c) Procedures and Considerations.—(1) A regulation under this section shall be prescribed under
section 553 of title 5 (without regard to sections 556 and 557 of title 5).
(2) Before prescribing regulations under this section, the Secretary shall consider, to the
extent practicable and consistent with the purposes of this chapter—
(A) costs and benefits; and
(B) State laws and regulations on commercial motor vehicle safety, to minimize
their unnecessary preemption.

(d) Effect of Existing Regulations.—If the Secretary does not prescribe regulations on
commercial motor vehicle safety under this section, regulations on commercial motor vehicle
safety prescribed by the Secretary before October 30, 1984, and in effect on October 30, 1984,
shall be deemed in this subchapter to be regulations prescribed by the Secretary under this
section.
(e) Exemptions.—The Secretary may grant in accordance with section 31315 waivers and
exemptions from, or conduct pilot programs with respect to, any regulations prescribed under
this section.
(f) Regulatory Impact Analysis.—
(1) In general.—Within each regulatory impact analysis of a proposed or final major rule
issued by the Federal Motor Carrier Safety Administration, the Secretary shall, whenever
practicable—
(A) consider the effects of the proposed or final rule on different segments of the
motor carrier industry; and
(B) formulate estimates and findings based on the best available science.
(2) Scope.—To the extent feasible and appropriate, and consistent with law, an analysis
described in paragraph (1) shall—
(A) use data that is representative of commercial motor vehicle operators or motor
carriers, or both, that will be impacted by the proposed or final rule; and
(B) consider the effects on commercial truck and bus carriers of various sizes and
types.
(g) Public Participation.—
(1) In general.—If a proposed rule under this part is likely to lead to the promulgation of
a major rule, the Secretary, before publishing such proposed rule, shall—
(A) issue an advance notice of proposed rulemaking; or
(B) proceed with a negotiated rulemaking.

(2) Requirements.—Each advance notice of proposed rulemaking issued under paragraph
(1) shall—
(A) identify the need for a potential regulatory action;

(B) identify and request public comment on the best available science or technical
information relevant to analyzing potential regulatory alternatives;
(C) request public comment on the available data and costs with respect to
regulatory alternatives reasonably likely to be considered as part of the
rulemaking; and
(D) request public comment on available alternatives to regulation.
(3) Waiver.—This subsection does not apply to a proposed rule if the Secretary, for good
cause, finds (and incorporates the finding and a brief statement of reasons for such
finding in the proposed or final rule) that an advance notice of proposed rulemaking is
impracticable, unnecessary, or contrary to the public interest.
(h) Rule of Construction.—Nothing in subsection (f) or (g) may be construed to limit the
contents of an advance notice of proposed rulemaking.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1003; Pub. L. 104–59, title III, §344, Nov. 28,
1995, 109 Stat. 610; Pub. L. 104–287, §5(60), Oct. 11, 1996, 110 Stat. 3394; Pub. L. 105–178,
title IV, §4007(c), June 9, 1998, 112 Stat. 403; Pub. L. 109–59, title IV, §4116(b), Aug. 10, 2005,
119 Stat. 1728; Pub. L. 112–141, div. C, title II, §32911, July 6, 2012, 126 Stat. 818; Pub. L.
114–94, div. A, title V, §5202, Dec. 4, 2015, 129 Stat. 1534.)
Historical and Revision Notes
Revised
Section

Source (U.S. Code)

31136(a)

49 App.:2505(a), (g).

31136(b)

49 App.:2505(b).

31136(c)

49 App.:2505(c).

31136(d)

49 App.:2505(d), (e).

31136(e)

49 App.:2505(f).

31136(f)

49 App.:2505(h).

Source (Statutes at Large)
Oct. 30, 1984, Pub. L. 98–554,
§206(a)–(g), 98 Stat. 2834.

Oct. 30, 1984, Pub. L. 98–554,
§206(h), 98 Stat. 2835; restated Nov.
18, 1988, Pub. L. 100–690,
§9102(a), 102 Stat. 4528.

In subsection (a), the text of 49 App.:2505(g) is omitted because 5:ch. 7 applies unless otherwise
stated. Before clause (1), the words "Not later than 18 months after October 30, 1984" are
omitted because the time period specified has expired. The words "Subject to section 30103(a) of
this title" are added to alert the reader to that section.
In subsection (c)(1), the words "except that the time periods specified in this subsection shall
apply to the issuance of such regulations" are omitted because the time periods referred to do not
appear in subsection (c) as enacted. The reference was probably to the time periods in a prior
version of subsection (c). See S. 2174, 98th Cong., 2d Sess., §6(b) (as reported by the Committee
on Commerce, Science, and Transportation of the Senate on May 2, 1984, in S. Rept. 98–424).
In subsection (d), the text of 49 App.:2505(d) is omitted as obsolete.
In subsection (f)(2)(C)(i), the words "an operator" are substituted for "such person" because only
a natural person can have a medical or physical condition.
Amendments
2015—Subsec. (f). Pub. L. 114–94 added subsec. (f) and redesignated and transferred former
subsec. (f) of this section to subsec. (g) of section 31315 of this title.
Subsecs. (g), (h). Pub. L. 114–94, §5202(2), added subsecs. (g) and (h).
2012—Subsec. (a)(5). Pub. L. 112–141 added par. (5).
2005—Subsec. (a)(3). Pub. L. 109–59 amended par. (3) generally. Prior to amendment, par. (3)
read as follows: "the physical condition of operators of commercial motor vehicles is adequate to
enable them to operate the vehicles safely; and".
1998—Subsec. (e). Pub. L. 105–178 amended heading and text of subsec. (e) generally. Prior to
amendment, subsec. (e) consisted of pars. (1) to (3) relating to waivers.
1996—Subsec. (e)(2)(A), (J), (3). Pub. L. 104–287 substituted "November 28, 1995" for "the
date of the enactment of this paragraph".
1995—Subsec. (e)(1) to (3). Pub. L. 104–59 designated existing text as par. (1) and inserted
heading, and added pars. (2) and (3).
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 2012 Amendment
Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set
out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title
23, Highways.

Effective Date of 2005 Amendment
Amendment by Pub. L. 109–59 effective on the 365th day following Aug. 10, 2005, see section
4116(f) of Pub. L. 109–59, set out as an Effective Date note under section 31149 of this title.
Windshield Technology
Pub. L. 114–94, div. A, title V, §5301, Dec. 4, 2015, 129 Stat. 1543, provided that:
"(a) In General.—Not later than 180 days after the date of enactment of this Act [Dec. 4, 2015],
the Secretary [of Transportation] shall revise the regulations in section 393.60(e) of title 49, Code
of Federal Regulations (relating to the prohibition on obstructions to the driver's field of view) to
exempt from that section the voluntary mounting on a windshield of vehicle safety technology
likely to achieve a level of safety that is equivalent to or greater than the level of safety that
would be achieved absent the exemption.
"(b) Vehicle Safety Technology Defined.—In this section, the term 'vehicle safety technology'
includes a fleet-related incident management system, performance or behavior management
system, speed management system, lane departure warning system, forward collision warning or
mitigation system, and active cruise control system and any other technology that the Secretary
considers applicable.
"(c) Rule of Construction.—For purposes of this section, any windshield mounted technology
with a short term exemption under part 381 of title 49, Code of Federal Regulations, on the date
of enactment of this Act, shall be considered likely to achieve a level of safety that is equivalent
to or greater than the level of safety that would be achieved absent an exemption under
subsection (a)."
Operators of Hi-Rail Vehicles
Pub. L. 114–94, div. A, title V, §5519, Dec. 4, 2015, 129 Stat. 1558, provided that:
"(a) In General.—In the case of a commercial motor vehicle driver subject to the hours of service
requirements in part 395 of title 49, Code of Federal Regulations, who is driving a hi-rail vehicle,
the maximum on duty time under section 395.3 of such title for such driver shall not include time
in transportation to or from a duty assignment if such time in transportation—
"(1) does not exceed 2 hours per calendar day or a total of 30 hours per calendar month; and
"(2) is fully and accurately accounted for in records to be maintained by the motor carrier and
such records are made available upon request of the Federal Motor Carrier Safety Administration
or the Federal Railroad Administration.
"(b) Hi-Rail Vehicle Defined.—In this section, the term 'hi-rail vehicle' means an internal rail
flaw detection vehicle equipped with flange hi-rails."
Exemptions From Requirements for Certain Welding Trucks Used in Pipeline Industry

Pub. L. 114–94, div. A, title V, §5524, Dec. 4, 2015, 129 Stat. 1560, provided that:
"(a) Covered Motor Vehicle Defined.—In this section, the term 'covered motor vehicle' means a
motor vehicle that—
"(1) is traveling in the State in which the vehicle is registered or another State;
"(2) is owned by a welder;
"(3) is a pick-up style truck;
"(4) is equipped with a welding rig that is used in the construction or maintenance of pipelines;
and
"(5) has a gross vehicle weight and combination weight rating and weight of 15,000 pounds or
less.
"(b) Federal Requirements.—A covered motor vehicle, including the individual operating such
vehicle and the employer of such individual, shall be exempt from the following:
"(1) Any requirement relating to registration as a motor carrier, including the requirement to
obtain and display a Department of Transportation number, established under chapters 139 and
311 of title 49, United States Code.
"(2) Any requirement relating to driver qualifications established under chapter 311 of title 49,
United States Code.
"(3) Any requirement relating to driving of commercial motor vehicles established under chapter
311 of title 49, United States Code.
"(4) Any requirement relating to parts and accessories and inspection, repair, and maintenance of
commercial motor vehicles established under chapter 311 of title 49, United States Code.
"(5) Any requirement relating to hours of service of drivers, including maximum driving and on
duty time, established under chapter 315 of title 49, United States Code."
Reliable Home Heating
Pub. L. 113–125, June 30, 2014, 128 Stat. 1388, provided that:
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Reliable Home Heating Act'.
"SEC. 2. AUTHORITY TO EXTEND EMERGENCY DECLARATIONS FOR PURPOSES OF
TEMPORARILY EXEMPTING MOTOR CARRIERS PROVIDING EMERGENCY RELIEF
FROM CERTAIN SAFETY REGULATIONS.
"(a) Defined Term.—In this Act, the term 'residential heating fuel' includes—

"(1) heating oil;
"(2) natural gas; and
"(3) propane.
"(b) Authorization.—If the Governor of a State declares a state of emergency caused by a
shortage of residential heating fuel and, at the conclusion of the initial 30-day emergency period
(or a second 30-day emergency period authorized under this subsection), the Governor
determines that the emergency shortage has not ended, any extension of such state of emergency
by the Governor, up to 2 additional 30-day periods, shall be recognized by the Federal Motor
Carrier Safety Administration as a period during which parts 390 through 399 of chapter III of
title 49, Code of Federal Regulations, shall not apply to any motor carrier or driver operating a
commercial motor vehicle to provide residential heating fuel in the geographic area so
designated as under a state of emergency.
"(c) Rulemaking.—The Secretary of Transportation shall amend section 390.23(a)(1)(ii) of title
49, Code of Federal Regulations, to conform to the provision set forth in subsection (b).
"(d) Savings Provision.—Nothing in this section may be construed to modify the authority
granted to the Federal Motor Carrier Safety Administration's Field Administrator under section
390.23(a) of title 49, Code of Federal Regulations, to offer temporary exemptions from parts 390
through 399 of such title.
"SEC. 3. ENERGY INFORMATION ADMINISTRATION NOTIFICATION REQUIREMENT.
"The Administrator of the Energy Information Administration, using data compiled from the
Administration's Weekly Petroleum Status Reports, shall notify the Governor of each State in a
Petroleum Administration for Defense District if the inventory of residential heating fuel within
such district has been below the most recent 5-year average for more than 3 consecutive weeks.
"SEC. 4. REVIEW.
"Not later than 12 months after the date of enactment of this Act [June 30, 2014], the Secretary
of Transportation shall conduct a study of, and transmit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives, a report on the impacts of safety from the
extensions issued by Governors according to this Act. In conducting the study, the Secretary shall
review, at a minimum—
"(1) the safety implications of extending exemptions; and
"(2) a review of the exemption process to ensure clarity and efficiency during emergencies."
Motorcoach Enhanced Safety
Pub. L. 112–141, div. C, title II, subtitle G, July 6, 2012, 126 Stat. 809, provided that:

"SEC. 32701. SHORT TITLE.
"This subtitle may be cited as the 'Motorcoach Enhanced Safety Act of 2012'.
"SEC. 32702. DEFINITIONS.
"In this subtitle:
"(1) Advanced glazing.—The term 'advanced glazing' means glazing installed in a portal on the
side or the roof of a motorcoach that is designed to be highly resistant to partial or complete
occupant ejection in all types of motor vehicle crashes.
"(2) Bus.—The term 'bus' has the meaning given the term in section 571.3(b) of title 49, Code of
Federal Regulations (as in effect on the day before the date of enactment of this Act [see section
3(a), (b) of Pub. L. 112–141, set out as Effective and Termination Dates of 2012 Amendment
notes under section 101 of Title 23, Highways]).
"(3) Commercial motor vehicle.—Except as otherwise specified, the term 'commercial motor
vehicle' has the meaning given the term in section 31132(1) of title 49, United States Code.
"(4) Direct tire pressure monitoring system.—The term 'direct tire pressure monitoring
system' means a tire pressure monitoring system that is capable of directly detecting when the air
pressure level in any tire is significantly under-inflated and providing the driver a low tire
pressure warning as to which specific tire is significantly under-inflated.
"(5) Motor carrier.—The term 'motor carrier' means—
"(A) a motor carrier (as defined in section 13102(14) of title 49, United States Code); or
"(B) a motor private carrier (as defined in section 13102(15) of that title).
"(6) Motorcoach.—The term 'motorcoach' has the meaning given the term 'over-the-road bus' in
section 3038(a)(3) of the Transportation Equity Act for the 21st Century [Pub. L. 105–178] (49
U.S.C. 5310 note), but does not include—
"(A) a bus used in public transportation provided by, or on behalf of, a public transportation
agency; or
"(B) a school bus, including a multifunction school activity bus.
"(7) Motorcoach services.—The term 'motorcoach services' means passenger transportation by
motorcoach for compensation.
"(8) Multifunction school activity bus.—The term 'multifunction school activity bus' has the
meaning given the term in section 571.3(b) of title 49, Code of Federal Regulations (as in effect
on the day before the date of enactment of this Act).

"(9) Portal.—The term 'portal' means any opening on the front, side, rear, or roof of a
motorcoach that could, in the event of a crash involving the motorcoach, permit the partial or
complete ejection of any occupant from the motorcoach, including a young child.
"(10) Provider of motorcoach services.—The term 'provider of motorcoach services' means a
motor carrier that provides passenger transportation services with a motorcoach, including pertrip compensation and contracted or chartered compensation.
"(11) Public transportation.—The term 'public transportation' has the meaning given the term in
section 5302 of title 49, United States Code.
"(12) Safety belt.—The term 'safety belt' has the meaning given the term in section 153(i)(4)(B)
of title 23, United States Code.
"(13) Secretary.—The term 'Secretary' means the Secretary of Transportation.
"SEC. 32703. REGULATIONS FOR IMPROVED OCCUPANT PROTECTION, PASSENGER
EVACUATION, AND CRASH AVOIDANCE.
"(a) Regulations Required Within 1 Year.—Not later than 1 year after the date of enactment of
this Act, the Secretary shall prescribe regulations requiring safety belts to be installed in
motorcoaches at each designated seating position.
"(b) Regulations Required Within 2 Years.—Not later than 2 years after the date of enactment of
this Act, the Secretary shall prescribe regulations that address the following commercial motor
vehicle standards, if the Secretary determines that such standards meet the requirements and
considerations set forth in subsections (a) and (b) of section 30111 of title 49, United States
Code:
"(1) Roof strength and crush resistance.—The Secretary shall establish improved roof and roof
support standards for motorcoaches that substantially improve the resistance of motorcoach roofs
to deformation and intrusion to prevent serious occupant injury in rollover crashes involving
motorcoaches.
"(2) Anti-ejection safety countermeasures.—The Secretary shall consider requiring advanced
glazing standards for each motorcoach portal and shall consider other portal improvements to
prevent partial and complete ejection of motorcoach passengers, including children. In
prescribing such standards, the Secretary shall consider the impact of such standards on the use
of motorcoach portals as a means of emergency egress.
"(3) Rollover crash avoidance.—The Secretary shall consider requiring motorcoaches to be
equipped with stability enhancing technology, such as electronic stability control and torque
vectoring, to reduce the number and frequency of rollover crashes among motorcoaches.

"(c) Commercial Motor Vehicle Tire Pressure Monitoring Systems.—Not later than 3 years after
the date of enactment of this Act, the Secretary shall prescribe the following commercial vehicle
regulation:
"(1) In general.—The Secretary shall consider requiring motorcoaches to be equipped with direct
tire pressure monitoring systems that warn the operator of a commercial motor vehicle when any
tire exhibits a level of air pressure that is below a specified level of air pressure established by
the Secretary, if the Secretary determines that such standards meet the requirements and
considerations set forth in subsections (a) and (b) of section 30111 of title 49, United States
Code.
"(2) Performance requirements.—In any standard adopted under paragraph (1), the Secretary
shall include performance requirements to meet the objectives identified in paragraph (1) of this
subsection.
"(d) Tire Performance Standard.—Not later than 3 years after the date of enactment of this Act,
the Secretary shall consider—
"(1) issuing a rule to upgrade performance standards for tires used on motorcoaches, including an
enhanced endurance test and a new high-speed performance test; or
"(2) if the Secretary determines that a standard does not meet the requirements and
considerations set forth in subsections (a) and (b) of section 30111 of title 49, United States
Code, submit a report that describes the reasons for not prescribing such a standard to—
"(A) the Committee on Commerce, Science, and Transportation of the Senate;
"(B) the Committee on Transportation and Infrastructure of the House of Representatives; and
"(C) the Committee on Energy and Commerce of the House of Representatives.
"(e) Application of Regulations.—
"(1) New motorcoaches.—Any regulation prescribed in accordance with subsection (a), (b), (c),
or (d) shall—
"(A) apply to all motorcoaches manufactured more than 3 years after the date on which the
regulation is published as a final rule;
"(B) take into account the impact to seating capacity of changes to size and weight of
motorcoaches and the ability to comply with State and Federal size and weight requirements; and
"(C) be based on the best available science.
"(2) Retrofit assessment for existing motorcoaches.—
"(A) In general.—The Secretary may assess the feasibility, benefits, and costs with respect to the
application of any requirement established under subsection (a) or (b)(2) to motorcoaches

manufactured before the date on which the requirement applies to new motorcoaches under
paragraph (1).
"(B) Report.—The Secretary shall submit a report on the assessment to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee on Transportation and
Infrastructure and the Committee on Energy and Commerce of the House of Representatives not
later than 2 years after the date of enactment of this Act.
"SEC. 32704. FIRE PREVENTION AND MITIGATION.
"(a) Research and Testing.—The Secretary shall conduct research and testing to determine the
most prevalent causes of motorcoach fires and the best methods to prevent such fires and to
mitigate the effect of such fires, both inside and outside the motorcoach. Such research and
testing shall consider flammability of exterior components, smoke suppression, prevention of
and resistance to wheel well fires, automatic fire suppression, passenger evacuation, causation
and prevention of motorcoach fires, and improved fire extinguishers.
"(b) Standards.—Not later than 3 years after the date of enactment of this Act, the Secretary may
issue fire prevention and mitigation standards for motorcoaches, based on the results of the
Secretary's research and testing, taking into account highway size and weight restrictions
applicable to motorcoaches, if the Secretary determines that such standards meet the
requirements and considerations set forth in subsections (a) and (b) of section 30111 of title 49,
United States Code.
"SEC. 32705. OCCUPANT PROTECTION, COLLISION AVOIDANCE, FIRE CAUSATION,
AND FIRE EXTINGUISHER RESEARCH AND TESTING.
"(a) Safety Research Initiatives.—Not later than 3 years after the date of enactment of this Act,
the Secretary shall complete the following research and testing:
"(1) Interior impact protection.—The Secretary shall research and test enhanced occupant impact
protection technologies for motorcoach interiors to reduce serious injuries for all passengers of
motorcoaches.
"(2) Compartmentalization safety countermeasures.—The Secretary shall research and test
enhanced compartmentalization safety countermeasures for motorcoaches, including enhanced
seating designs.
"(3) Collision avoidance systems.—The Secretary shall research and test forward and lateral
crash warning systems applications for motorcoaches.
"(b) Rulemaking.—Not later than 2 years after the completion of each research and testing
initiative required under subsection (a), the Secretary shall issue final motor vehicle safety
standards if the Secretary determines that such standards meet the requirements and

considerations set forth in subsections (a) and (b) of section 30111 of title 49, United States
Code.
"SEC. 32706. CONCURRENCE OF RESEARCH AND RULEMAKING.
"(a) Requirements.—To the extent feasible, the Secretary shall ensure that research programs are
carried out concurrently, and in a manner that concurrently assesses results, potential
countermeasures, costs, and benefits.
"(b) Authority to Combine Rulemakings.—When considering each of the rulemaking provisions,
the Secretary may initiate a single rulemaking proceeding encompassing all aspects or may
combine the rulemakings as the Secretary deems appropriate.
"(c) Considerations.—If the Secretary undertakes separate rulemaking proceedings, the Secretary
shall—
"(1) consider whether each added aspect of rulemaking may contribute to addressing the safety
need determined to require rulemaking;
"(2) consider the benefits obtained through the safety belts rulemaking in section 32703(a); and
"(3) avoid duplicative benefits, costs, and countermeasures.
"SEC. 32707. IMPROVED OVERSIGHT OF MOTORCOACH SERVICE PROVIDERS.
"(a) Safety Reviews.—[Amended section 31144 of this title.]
"(b) Disclosure of Safety Performance Ratings of Motorcoach Services and Operations.—
"(1) Definitions.—In this subsection:
"(A) Motorcoach.—
"(i) In general.—Except as provided in clause (ii), the term 'motorcoach' has the meaning given
the term 'over-the-road bus' in section 3038(a)(3) of the Transportation Equity Act for the 21st
Century [Pub. L. 105–178] (49 U.S.C. 5310 note).
"(ii) Exclusions.—The term 'motorcoach' does not include—
"(I) a bus used in public transportation that is provided by a State or local government; or
"(II) a school bus (as defined in section 30125(a)(1) of title 49, United States Code), including
a multifunction school activity bus.
"(B) Motorcoach services and operations.—The term 'motorcoach services and operations'
means passenger transportation by a motorcoach for compensation.
"(2) Requirements for the disclosure of safety performance ratings of motorcoach services and
operations.—

"(A) In general.—Not later than 1 year after the date of enactment of this Act, the Secretary shall
establish, through notice and opportunity for public to comment, requirements to improve the
accessibility to the public of safety rating information of motorcoach services and operations.
"(B) Display.—In establishing the requirements under subparagraph (A), the Secretary shall
consider requirements for each motor carrier that owns or leases 1 or more motorcoaches that
transport passengers subject to the Secretary's jurisdiction under section 13501 of title 49, United
States Code, to prominently display safety fitness information pursuant to section 31144 of title
49, United States Code—
"(i) in each terminal of departure;
"(ii) in the motorcoach and visible from a position exterior to the vehicle at the point of
departure, if the motorcoach does not depart from a terminal; and
"(iii) at all points of sale for such motorcoach services and operations.
"SEC. 32708. REPORT ON FEASIBILITY, BENEFITS, AND COSTS OF ESTABLISHING A
SYSTEM OF CERTIFICATION OF TRAINING PROGRAMS.
"Not later than 2 years after the date of enactment of this Act, the Secretary of Transportation
shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Transportation and Infrastructure of the House of Representatives that
describes the feasibility, benefits, and costs of establishing a system of certification of public and
private schools and of motor carriers and motorcoach operators that provide motorcoach driver
training.
"SEC. 32709. COMMERCIAL DRIVER'S LICENSE PASSENGER ENDORSEMENT
REQUIREMENTS.
"(a) In General.—Not later than 2 years after the date of enactment of this Act, the Secretary of
Transportation shall review and assess the current knowledge and skill testing requirements for a
commercial driver's license passenger endorsement to determine what improvements to the
knowledge test, the examination of driving skills, and the application of such requirements are
necessary to ensure the safe operation of commercial motor vehicles designed or used to
transport passengers.
"(b) Report.—Not later than 120 days after completion of the review and assessment under
subsection (a), the Secretary of Transportation shall submit to the Committee on Transportation
and Infrastructure of the House of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate—
"(1) a report on the review and assessment conducted under subsection (a);
"(2) a plan to implement any changes to the knowledge and skills tests; and

"(3) a timeframe by which the Secretary will implement the changes.
"SEC. 32710. SAFETY INSPECTION PROGRAM FOR COMMERCIAL MOTOR VEHICLES
OF PASSENGERS.
"Not later than 3 years after the date of enactment of this Act, the Secretary of Transportation
shall complete a rulemaking proceeding to consider requiring States to establish a program for
annual inspections of commercial motor vehicles designed or used to transport passengers,
including an assessment of—
"(1) the risks associated with improperly maintained or inspected commercial motor vehicles
designed or used to transport passengers;
"(2) the effectiveness of existing Federal standards for the inspection of such vehicles in—
"(A) mitigating the risks described in paragraph (1); and
"(B) ensuring the safe and proper operation condition of such vehicles; and
"(3) the costs and benefits of a mandatory inspection program.
"SEC. 32711. REGULATIONS.
"Any standard or regulation prescribed or modified pursuant to the Motorcoach Enhanced Safety
Act of 2012 shall be prescribed or modified in accordance with section 553 of title 5, United
States Code."
Exemptions From Requirements for Covered Farm Vehicles
Pub. L. 112–141, div. C, title II, §32934, July 6, 2012, 126 Stat. 830, as amended by Pub. L.
114–94, div. A, title V, §5518, Dec. 4, 2015, 129 Stat. 1558, provided that:
"(a) Federal Requirements.—A covered farm vehicle, including the individual operating that
vehicle, shall be exempt from the following:
"(1) Any requirement relating to commercial driver's licenses established under chapter 313 of
title 49, United States Code.
"(2) Any requirement relating to drug-testing established under chapter 313 of title 49, United
States Code.
"(3) Any requirement relating to medical certificates established under—
"(A) subchapter III of chapter 311 of title 49, United States Code; or
"(B) chapter 313 of title 49, United States Code.
"(4) Any requirement relating to hours of service established under—
"(A) subchapter III of chapter 311 of title 49, United States Code; or

"(B) chapter 315 of title 49, United States Code.
"(5) Any requirement relating to vehicle inspection, repair, and maintenance established under—
"(A) subchapter III of chapter 311 of title 49, United States Code; or
"(B) chapter 315 of title 49, United States Code.
"(b) State Requirements.—
"(1) In general.—Federal transportation funding to a State may not be terminated, limited, or
otherwise interfered with as a result of the State exempting a covered farm vehicle, including the
individual operating that vehicle, from—
"(A) a requirement described in subsection (a) or a compatible State requirement; or
"(B) any other minimum standard provided by a State relating to the operation of that vehicle.
"(2) Exception.—Paragraph (1) does not apply with respect to a covered farm vehicle
transporting hazardous materials that require a placard.
"(c) Covered Farm Vehicle Defined.—
"(1) In general.—In this section, the term 'covered farm vehicle' means a motor vehicle
(including an articulated motor vehicle)—
"(A) that—
"(i) is traveling in the State in which the vehicle is registered or another State;
"(ii) is operated by—
"(I) a farm owner or operator;
"(II) a ranch owner or operator; or
"(III) an employee or family member of an individual specified in subclause (I) or (II);
"(iii) is transporting to or from a farm or ranch—
"(I) agricultural commodities;
"(II) livestock; or
"(III) machinery or supplies;
"(iv) except as provided in paragraph (2), is not used in the operations of a for-hire motor carrier;
and

"(v) is equipped with a special license plate or other designation by the State in which the vehicle
is registered to allow for identification of the vehicle as a farm vehicle by law enforcement
personnel; and
"(B) that has a gross vehicle weight rating or gross vehicle weight, whichever is greater, that is—
"(i) 26,001 pounds or less; or
"(ii) greater than 26,001 pounds and traveling within the State or within 150 air miles of the farm
or ranch with respect to which the vehicle is being operated.
"(2) Inclusion.—In this section, the term 'covered farm vehicle' includes a motor vehicle that
meets the requirements of paragraph (1) (other than paragraph (1)(A)(iv)) and—
"(A) is operated pursuant to a crop share farm lease agreement;
"(B) is owned by a tenant with respect to that agreement; and
"(C) is transporting the landlord's portion of the crops under that agreement.
"(d) Safety Study.—The Secretary of Transportation shall conduct a study of the exemption
required by subsection (a) as follows:
"(1) Data and analysis of covered farm vehicles shall include—
"(A) the number of vehicles that are operated subject to each of the regulatory exemptions
permitted under subsection (a);
"(B) the number of drivers that operate covered farm vehicles subject to each of the regulatory
exemptions permitted under subsection (a);
"(C) the number of crashes involving covered farm vehicles;
"(D) the number of occupants and non-occupants injured in crashes involving covered farm
vehicles;
"(E) the number of fatalities of occupants and non-occupants killed in crashes involving farm
vehicles;
"(F) crash investigations and accident reconstruction investigations of all fatalities in crashes
involving covered farm vehicles;
"(G) overall operating mileage of covered farm vehicles;
"(H) numbers of covered farm vehicles that operate in neighboring States; and
"(I) any other data the Secretary deems necessary to analyze and include.
"(2) A listing of State regulations issued and maintained in each State that are identical to the
Federal regulations that are subject to exemption in subsection (a).

"(3) The Secretary shall report the findings of the study to the appropriate committees of
Congress not later than 18 months after the date of enactment of this Act [see section 3(a), (b) of
Pub. L. 112–141, set out as Effective and Termination Dates of 2012 Amendment notes under
section 101 of Title 23, Highways].
"(e) Construction.—Nothing in this section shall be construed as authority for the Secretary of
Transportation to prescribe regulations."
Hours of Service Rules for Operators Providing Transportation to Movie Production Sites
Pub. L. 109–59, title IV, §4133, Aug. 10, 2005, 119 Stat. 1744, provided that: "Notwithstanding
sections 31136 and 31502 of title 49, United States Code, and any other provision of law, the
maximum daily hours of service for an operator of a commercial motor vehicle providing
transportation of property or passengers to or from a theatrical or television motion picture
production site located within a 100 air mile radius of the work reporting location of such
operator shall be those in effect under the regulations in effect under such sections on April 27,
2003."
Interstate Van Operations
Pub. L. 109–59, title IV, §4136, Aug. 10, 2005, 119 Stat. 1745, provided that: "The Federal
motor carrier safety regulations that apply to interstate operations of commercial motor vehicles
designed to transport between 9 and 15 passengers (including the driver) shall apply to all
interstate operations of such carriers regardless of the distance traveled."
Authority To Promulgate Safety Standards for Retrofitting
Pub. L. 106–159, title I, §101(f), Dec. 9, 1999, 113 Stat. 1752, provided that: "The authority
under title 49, United States Code, to promulgate safety standards for commercial motor vehicles
and equipment subsequent to initial manufacture is vested in the Secretary and may be
delegated."
Certain Exemptions
Pub. L. 106–159, title II, §229, as added and amended by Pub. L. 109–59, title IV, §§4115(a), (c),
4130–4132, 4147, Aug. 10, 2005, 119 Stat. 1726, 1743, 1744, 1749; Pub. L. 110–244, title III,
§301(i), June 6, 2008, 122 Stat. 1616; Pub. L. 112–141, div. C, title II, §32101(d), July 6, 2012,
126 Stat. 778; Pub. L. 114–94, div. A, title V, §§5508(c), 5522, Dec. 4, 2015, 129 Stat. 1554,
1559, provided that:
"(a) Exemptions.—
"(1) Transportation of agricultural commodities and farm supplies.—Regulations prescribed by
the Secretary [of Transportation] under sections 31136 and 31502 of title 49, United States Code,
regarding maximum driving and on-duty time for drivers used by motor carriers shall not apply
during planting and harvest periods, as determined by each State, to—

"(A) drivers transporting agricultural commodities from the source of the agricultural
commodities to a location within a 150 air-mile radius from the source;
"(B) drivers transporting farm supplies for agricultural purposes from a wholesale or retail
distribution point of the farm supplies to a farm or other location where the farm supplies are
intended to be used within a 150 air-mile radius from the distribution point; or
"(C) drivers transporting farm supplies for agricultural purposes from a wholesale distribution
point of the farm supplies to a retail distribution point of the farm supplies within a 150 air-mile
radius from the wholesale distribution point.
"(2) Transportation and operation of ground water well drilling rigs.—Such regulations shall, in
the case of a driver of a commercial motor vehicle who is used primarily in the transportation
and operation of a ground water well drilling rig, permit any period of 7 or 8 consecutive days to
end with the beginning of an off-duty period of 24 or more consecutive hours for the purposes of
determining maximum driving and on-duty time. Except as required in section 395.3 of title 49,
Code of Federal Regulations, as in effect on the date of enactment of this sentence [Aug. 10,
2005], no additional off-duty time shall be required in order to operate such vehicle.
"(3) Transportation of construction materials and equipment.—Such regulations shall, in the case
of a driver of a commercial motor vehicle who is used primarily in the transportation of
construction materials and equipment, permit any period of 7 or 8 consecutive days to end with
the beginning of an off-duty period of 24 or more consecutive hours for the purposes of
determining maximum driving and on-duty time.
"(4) Operators of utility service vehicles.—
"(A) Inapplicability of federal regulations.—Such regulations shall not apply to a driver of a
utility service vehicle.
"(B) Prohibition on state regulations.—A State, a political subdivision of a State, an interstate
agency, or other entity consisting of two or more States, shall not enact or enforce any law, rule,
regulation, or standard that imposes requirements on a driver of a utility service vehicle that are
similar to the requirements contained in such regulations.
"(5) Snow and ice removal.—A State may waive the requirements of chapter 313 of title 49,
United States Code, with respect to a vehicle that is being operated within the boundaries of an
eligible unit of local government by an employee of such unit for the purpose of removing snow
or ice from a roadway by plowing, sanding, or salting. Such waiver authority shall only apply in
a case where the employee is needed to operate the vehicle because the employee of the eligible
unit of local government who ordinarily operates the vehicle and who has a commercial drivers
license is unable to operate the vehicle or is in need of additional assistance due to a snow
emergency.

"(b) Preemption.—Except as provided in subsection (a)(4), nothing contained in this section
shall require the preemption of State laws and regulations concerning the safe operation of
commercial motor vehicles as the result of exemptions from Federal requirements provided
under this section.
"(c) Review by the Secretary.—The Secretary [of Transportation] may conduct a rulemaking
proceeding to determine whether granting any exemption provided by subsection (a) (other than
paragraph (1), (2), or (4)) is not in the public interest and would have a significant adverse
impact on the safety of commercial motor vehicles. If, at any time as a result of such a
proceeding, the Secretary determines that granting such exemption would not be in the public
interest and would have a significant adverse impact on the safety of commercial motor vehicles,
the Secretary may prevent the exemption from going into effect, modify the exemption, or
revoke the exemption. The Secretary may develop a program to monitor the exemption,
including agreements with carriers to permit the Secretary to examine insurance information
maintained by an insurer on a carrier.
"(d) Report.—The Secretary shall monitor the commercial motor vehicle safety performance of
drivers of vehicles that are subject to an exemption under this section. If the Secretary determines
that public safety has been adversely affected by an exemption granted under this section, the
Secretary shall report to Congress on the determination.
"(e) Definitions.—In this section, the following definitions apply:
"(1) 7 or 8 consecutive days.—The term '7 or 8 consecutive days' means the period of 7 or 8
consecutive days beginning on any day at the time designated by the motor carrier for a 24-hour
period.
"(2) 24-hour period.—The term '24-hour period' means any 24 consecutive hour period
beginning at the time designated by the motor carrier for the terminal from which the driver is
normally dispatched.
"(3) Ground water well drilling rig.—The term 'ground water well drilling rig' means any
vehicle, machine, tractor, trailer, semi-trailer, or specialized mobile equipment propelled or
drawn by mechanical power and used on highways to transport water well field operating
equipment, including water well drilling and pump service rigs equipped to access ground water.
"(4) Transportation of construction materials and equipment.—The term 'transportation of
construction materials and equipment' means the transportation of construction and pavement
materials, construction equipment, and construction maintenance vehicles, by a driver to or from
an active construction site (a construction site between initial mobilization of equipment and
materials to the site to the final completion of the construction project) within a 75 air mile
radius of the normal work reporting location of the driver, except that a State, upon notice to the
Secretary, may establish a different air mile radius limitation for purposes of this paragraph if
such limitation is between 50 and 75 air miles and applies only to movements that take place

entirely within the State. This paragraph does not apply to the transportation of material found by
the Secretary to be hazardous under section 5103 of title 49, United States Code, in a quantity
requiring placarding under regulations issued to carry out such section.
"(5) Eligible unit of local government.—The term 'eligible unit of local government' means a
city, town, borough, county, parish, district, or other public body created by or pursuant to State
law which has a total population of 3,000 individuals or less.
"(6) Utility service vehicle.—The term 'utility service vehicle' means any commercial motor
vehicle—
"(A) used in the furtherance of repairing, maintaining, or operating any structures or any other
physical facilities necessary for the delivery of public utility services, including the furnishing of
electric, gas, water, sanitary sewer, telephone, and television cable or community antenna
service;
"(B) while engaged in any activity necessarily related to the ultimate delivery of such public
utility services to consumers, including travel or movement to, from, upon, or between activity
sites (including occasional travel or movement outside the service area necessitated by any utility
emergency as determined by the utility provider); and
"(C) except for any occasional emergency use, operated primarily within the service area of a
utility's subscribers or consumers, without regard to whether the vehicle is owned, leased, or
rented by the utility.
"(7) Agricultural commodity.—The term 'agricultural commodity' means any agricultural
commodity, non-processed food, feed, fiber, or livestock (including livestock as defined in
section 602 of the Emergency Livestock Feed Assistance Act of 1988 (7 U.S.C. 1471) and
insects).
"(8) Farm supplies for agricultural purposes.—The term 'farm supplies for agricultural purposes'
means products directly related to the growing or harvesting of agricultural commodities during
the planting and harvesting seasons within each State, as determined by the State, and livestock
feed at any time of the year.
"(f) Emergency Condition Requiring Immediate Response.—
"(1) Propane or pipeline emergency.—A regulation prescribed under section 31136 or 31502 of
title 49, United States Code, shall not apply to a driver of a commercial motor vehicle which is
used primarily in the transportation of propane winter heating fuel or a driver of a motor vehicle
used to respond to a pipeline emergency if such regulations would prevent the driver from
responding to an emergency condition requiring immediate response.
"(2) Definition.—An emergency condition requiring immediate response is any condition that, if
left unattended, is reasonably likely to result in immediate serious bodily harm, death, or

substantial damage to property. In the case of propane such conditions shall include (but are not
limited to) the detection of gas odor, the activation of carbon monoxide alarms, the detection of
carbon monoxide poisoning, and any real or suspected damage to a propane gas system
following a severe storm or flooding. An 'emergency condition requiring an immediate response'
does not include requests to re-fill empty gas tanks. In the case of pipelines such conditions
include (but are not limited to) indication of an abnormal pressure event, leak, release or
rupture."
Protection of Existing Exemptions
Pub. L. 105–178, title IV, §4007(d), June 9, 1998, 112 Stat. 404, provided that: "The
amendments made by this section [amending this section and section 31315 of this title] shall not
apply to or otherwise affect a waiver, exemption, or pilot program in effect on the day before the
date of enactment of this Act [June 9, 1998] under chapter 313 or section 31136(e) of title 49,
United States Code."
Application of Regulations to Certain Commercial Motor Vehicles
Pub. L. 105–178, title IV, §4008(b), June 9, 1998, 112 Stat. 404, provided that: "Effective on the
last day of the 1-year period beginning on the date of enactment of this Act [June 9, 1998],
regulations prescribed under section 31136 of title 49, United States Code, shall apply to
operators of commercial motor vehicles described in section 31132(1)(B) of such title (as
amended by subsection (a)) to the extent that those regulations did not apply to those operators
on the day before such effective date, except to the extent that the Secretary determines, through
a rulemaking proceeding, that it is appropriate to exempt such operators of commercial motor
vehicles from the application of those regulations."
Improved Interstate School Bus Safety
Pub. L. 105–178, title IV, §4024, June 9, 1998, 112 Stat. 416, as amended by Pub. L. 107–110,
title X, §1076(ii), Jan. 8, 2002, 115 Stat. 2094, required the Secretary to initiate a rulemaking,
not later than 6 months after June 9, 1998, regarding applicability of commercial motor carrier
safety regulations to interstate school transportation operations by local educational agencies.
Federal Highway Administration Rulemaking
Pub. L. 104–88, title IV, §408, Dec. 29, 1995, 109 Stat. 958, provided that:
"(a) Advance Notice.—The Federal Highway Administration shall issue an advance notice of
proposed rulemaking dealing with a variety of fatigue-related issues pertaining to commercial
motor vehicle motor vehicle safety (including 8 hours of continuous sleep after 10 hours of
driving, loading and unloading operations, automated and tamper-proof recording devices, rest
and recovery cycles, fatigue and stress in longer combination vehicles, fitness for duty, and other
appropriate regulatory and enforcement countermeasures for reducing fatigue-related incidents
and increasing driver alertness) not later than March 1, 1996.

"(b) Rulemaking.—The Federal Highway Administration shall issue a notice of proposed
rulemaking dealing with such issues within 1 year after issuance of the advance notice under
subsection (a) is published and shall issue a final rule dealing with those issues within 2 years
after the last day of such 1-year period."
Exemptions From Requirements Relating to Commercial Motor Vehicles and Their
Operators
Pub. L. 104–59, title III, §345, Nov. 28, 1995, 109 Stat. 613, which related to exemption from
certain regulatory or statutory requirements for transportation of agricultural commodities and
farm supplies, transportation and operation of ground water well drilling rigs, transportation of
construction materials and equipment, utility service vehicles, and vehicles operated for snow or
ice removal, was repealed by Pub. L. 109–59, title IV, §4115(d), Aug. 10, 2005, 119 Stat. 1726.
The text of former 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 above.
Winter Home Heating Oil Delivery State Flexibility Program
Pub. L. 104–59, title III, §346, Nov. 28, 1995, 109 Stat. 615, as amended by Pub. L. 105–178,
title I, §1211(j), June 9, 1998, 112 Stat. 192; Pub. L. 105–206, title IX, §9003(d)(3), July 22,
1998, 112 Stat. 839, which related to a pilot program for evaluating effects of maximum on-duty
time regulations on winter home heating oil delivery, was repealed by Pub. L. 114–94, div. A,
title V, §5101(e)(11), Dec. 4, 2015, 129 Stat. 1526, effective Oct. 1, 2016.