(a)
(b)
(A) committing a first violation of driving a commercial motor vehicle under the influence of alcohol or a controlled substance;
(B) committing a first violation of leaving the scene of an accident involving a commercial motor vehicle operated by the individual;
(C) using a commercial motor vehicle in committing a felony (except a felony described in subsection (d) of this section);
(D) committing a first violation of driving a commercial motor vehicle when the individual's commercial driver's license is revoked, suspended, or canceled based on the individual's operation of a commercial motor vehicle or when the individual is disqualified from operating a commercial motor vehicle based on the individual's operation of a commercial motor vehicle; or
(E) convicted of causing a fatality through negligent or criminal operation of a commercial motor vehicle.
(2) If the vehicle involved in a violation referred to in paragraph (1) of this subsection is transporting hazardous material required to be placarded under section 5103 of this title, the Secretary shall disqualify the individual for at least 3 years.
(c)
(A) committing more than one violation of driving a commercial motor vehicle under the influence of alcohol or a controlled substance;
(B) committing more than one violation of leaving the scene of an accident involving a commercial motor vehicle operated by the individual;
(C) using a commercial motor vehicle in committing more than one felony arising out of different criminal episodes;
(D) committing more than one violation of driving a commercial motor vehicle when the individual's commercial driver's license is revoked, suspended, or canceled based on the individual's operation of a commercial motor vehicle or when the individual is disqualified from operating a commercial motor vehicle based on the individual's operation of a commercial motor vehicle;
(E) convicted of more than one offense of causing a fatality through negligent or criminal operation of a commercial motor vehicle; or
(F) committing any combination of single violations or use described in subparagraphs (A) through (E).
(2) The Secretary may prescribe regulations establishing guidelines (including conditions) under which a disqualification for life under paragraph (1) of this subsection may be reduced to a period of not less than 10 years.
(d)
(1)
(2)
(e)
(2) The Secretary shall disqualify from operating a commercial motor vehicle for at least 120 days an individual who, in a 3-year period, commits 3 serious traffic violations involving a commercial motor vehicle operated by the individual.
(f)
(1)
(2)
(g)
(1)
(A) a serious offense involving a motor vehicle (other than a commercial motor vehicle) that has resulted in the revocation, cancellation, or suspension of the individual's license; or
(B) a drug or alcohol related offense involving a motor vehicle (other than a commercial motor vehicle).
(2)
(h)
(i)
(B) The Secretary shall prescribe regulations establishing and enforcing requirements for reporting out-of-service orders issued under regulations prescribed under subparagraph (A) of this paragraph. Regulations prescribed under this subparagraph shall require at least that an operator of a commercial motor vehicle who is issued an out-of-service order to report the issuance to the individual's employer and to the State that issued the operator a driver's license.
(2) The Secretary shall prescribe regulations establishing sanctions and penalties related to violations of out-of-service orders by individuals operating commercial motor vehicles. The regulations shall require at least that—
(A) an operator of a commercial motor vehicle found to have committed a first violation of an out-of-service order shall be disqualified from operating such a vehicle for at least 180 days and liable for a civil penalty of at least $2,500;
(B) an operator of a commercial motor vehicle found to have committed a 2d violation of an out-of-service order shall be disqualified from operating such a vehicle for at least 2 years and not more than 5 years and liable for a civil penalty of at least $5,000;
(C) an employer that knowingly allows or requires an employee to operate a commercial motor vehicle in violation of an out-of-service order shall be liable for a civil penalty of not more than $25,000; and
(D) an employer that knowingly and willfully allows or requires an employee to operate a commercial motor vehicle in violation of an out-of-service order shall, upon conviction, be subject for each offense to imprisonment for a term not to exceed one year or a fine under title 18, or both.
(j)
(1)
(2)
(A) the penalty for a single violation is not less than a 60-day disqualification of the driver's commercial driver's license; and
(B) any employer that knowingly allows, permits, authorizes, or requires an employee to operate a commercial motor vehicle in violation of such a law or regulation shall be subject to a civil penalty of not more than $10,000.
(k)
|
Revised Section |
Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 31310(a) | 49 App.:2707(f). | Oct. 27, 1986, Pub. L. 99–570, §12008, 100 Stat. 3207–177. |
| 31310(b) | 49 App.:2707(a)(1). | |
| 31310(c) | 49 App.:2707(a)(2). | |
| 31310(d) | 49 App.:2707(b). | |
| 31310(e) | 49 App.:2707(c). | |
| 31310(f) | 49 App.:2707(e). | |
| 31310(g)(1) | 49 App.:2707(d). | |
| 31310(g)(2) | 49 App.:2718. | Oct. 27, 1986, Pub. L. 99–570, 100 Stat. 3207–170, §12020; added Dec. 18, 1991, Pub. L. 102–240, §4009(a), 105 Stat. 2156. |
In subsection (a), the text of 49 App.:2707(f)(1)–(4) (words before 2d comma) is omitted as executed and obsolete. The words "and section 2708 of the Appendix" are omitted as surplus.
In subsection (b)(2), the words "involved in a violation" are substituted for "operated or used in connection with the violation or the commission of the felony" to eliminate unnecessary words. The words "by the Secretary" are omitted as surplus.
Subsection (c)(1)(D) is substituted for 49 App.:2707(a)(2)(A)(iv) for clarity and to eliminate unnecessary words.
In subsection (g)(1)(A), the words "Not later than 1 year after October 27, 1986" are omitted as obsolete.
In subsection (g)(2), before clause (A), the words "Not later than December 18, 1992, the Secretary shall prescribe regulations" are substituted for "The Secretary shall issue regulations" and 49 App.:2718(c) to eliminate executed words. The word "individuals" is substituted for "persons" for clarity and consistency in the revised title and with other titles of the United States Code. In clause (C), the words "permits, authorizes" are omitted as being included in "allows".
References in Text
Paragraph (9) of section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(9)), referred to in subsec. (d)(2), was redesignated par. (11) of section 103 of that Act by Pub. L. 115–427, §2(1), Jan. 9, 2019, 132 Stat. 5503, and is classified to section 7102(11) of Title 22, Foreign Relations and Intercourse.
Amendments
2018—Subsec. (d). Pub. L. 115–106 substituted "Lifetime Disqualification Without Reinstatement" for "Controlled Substance Violations" in heading, inserted par. (1) designation and heading, and added par. (2).
2012—Subsec. (f). Pub. L. 112–141, §32507, inserted "section 521 or" before "section 5102" in pars. (1) and (2).
Subsec. (g)(1). Pub. L. 112–141, §32931(d), which directed substitution of "The" for "Not later than 1 year after the date of enactment of this Act, the", was executed by making the substitution for "Not later than 1 year after the date of the enactment of this Act, the", to reflect the probable intent of Congress.
Subsec. (k). Pub. L. 112–141, §32204, added subsec. (k).
2005—Subsec. (i)(2). Pub. L. 109–59, §4102(b)(1), substituted "The Secretary" for "Not later than December 18, 1992, the Secretary" in introductory provisions.
Subsec. (i)(2)(A). Pub. L. 109–59, §4102(b)(2), substituted "180 days" for "90 days" and "$2,500" for "$1,000".
Subsec. (i)(2)(B). Pub. L. 109–59, §4102(b)(3), substituted "2 years" for "one year" and "$5,000;" for "$1,000; and".
Subsec. (i)(2)(C). Pub. L. 109–59, §4102(b)(4), substituted "$25,000; and" for "$10,000."
Subsec. (i)(2)(D). Pub. L. 109–59, §4102(b)(5), added subpar. (D).
1999—Subsec. (b)(1)(D), (E). Pub. L. 106–159, §201(a)(1), added subpars. (D) and (E).
Subsec. (c)(1)(D), (E). Pub. L. 106–159, §201(a)(2)(A), (C), added subpars. (D) and (E). Former subpar. (D) redesignated (F).
Subsec. (c)(1)(F). Pub. L. 106–159, §201(a)(2)(B), (D), redesignated subpar. (D) as (F) and substituted "subparagraphs (A) through (E)" for "clauses (A)–(C) of this paragraph".
Subsecs. (f), (g). Pub. L. 106–159, §201(b)(2), added subsecs. (f) and (g). Former subsecs. (f) and (g) redesignated (h) and (i), respectively.
Subsec. (h). Pub. L. 106–159, §201(b)(1), (3), redesignated subsec. (f) as (h) and substituted "(b) through (g)" for "(b)–(e)" in two places. Former subsec. (h) redesignated (j).
Subsecs. (i), (j). Pub. L. 106–159, §201(b)(1), redesignated subsecs. (g) and (h) as (i) and (j), respectively.
1995—Subsec. (h). Pub. L. 104–88 added subsec. (h).
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 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.
Regulations
Pub. L. 104–88, title IV, §403(b), Dec. 29, 1995, 109 Stat. 956, provided that: "The initial regulations required under section 31310(h) of title 49, United States Code, shall be issued not later than 1 year after the date of the enactment of this Act [Dec. 29, 1995]."
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