| Historical and Revision Notes |
||
|---|---|---|
| Revised Section |
Source (U.S. Code) |
Source (Statutes at Large) |
| 31315 |
49 App.:2711. |
Oct. 27, 1986, Pub. L. 99–570, § 12013, 100 Stat. 3207–186. |
The words “Notwithstanding any other provision of this chapter” are omitted as surplus.
References in Text
The date of enactment of this section, referred to in subsec. (b)(5), probably means the date of enactment of Pub. L. 105–178, which amended this section generally and was approved June 9, 1998.
Codification
The text of section 31136(f) of this title, which was redesignated subsec. (g) and transferred to this section by Pub. L. 114–94, § 5202(1), was based on Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1003.
Amendments
2015—Subsec. (b)(1). Pub. L. 114–94, § 5206(a)(1), substituted “this subsection” for “paragraph (3)” and struck out at end “An exemption may be granted for no longer than 2 years from its approval date and may be renewed upon application to the Secretary.”
Subsec. (b)(2) to (9). Pub. L. 114–94, § 5206(a)(2), (3), added pars. (2) and (3) and redesignated former pars (2) to (7) as (4) to (9), respectively.
Subsec. (g). Pub. L. 114–94, § 5202(1), redesignated subsec. (f) of section 31136 of this title as (g) and transferred it to this section. See Codification note above.
2012—Subsec. (b)(4)(A). Pub. L. 112–141, § 32913(a)(1), inserted “(or, in the case of a request for an exemption from the physical qualification standards for commercial motor vehicle drivers, post on a web site established by the Secretary to implement the requirements of section 31149)” after “Federal Register”.
Subsec. (b)(4)(B). Pub. L. 112–141, § 32913(a)(2), amended subpar. (B) generally. Prior to amendment, text read as follows: “Upon granting a request for exemption, the Secretary shall publish in the Federal Register the name of the person granted the exemption, the provisions from which the person will be exempt, the effective period, and all terms and conditions of the exemption.”
Subsec. (b)(4)(C). Pub. L. 112–141, § 32913(a)(3), inserted “(or, in the case of a request for an exemption from the physical qualification standards for commercial motor vehicle drivers, post on a web site established by the Secretary to implement the requirements of section 31149)” after “Federal Register”.
Subsec. (b)(7). Pub. L. 112–141, § 32913(b), amended par. (7) generally. Prior to amendment, text read as follows: “Before granting a request for exemption, the Secretary shall notify State safety compliance and enforcement personnel, including roadside inspectors, and the public that a person will be operating pursuant to an exemption and any terms and conditions that will apply to the exemption.”
Subsec. (c)(1). Pub. L. 112–141, § 32913(c), struck out “in the Federal Register” after “shall publish”.
Subsecs. (e), (f). Pub. L. 112–141, § 32913(d), added subsecs. (e) and (f).
1998—Pub. L. 105–178 amended section catchline and text generally. Prior to amendment, text read as follows: “After notice and an opportunity for comment, the Secretary of Transportation may waive any part of this chapter or a regulation prescribed under this chapter as it applies to a class of individuals or commercial motor vehicles if the Secretary decides the waiver is not contrary to the public interest and does not diminish the safe operation of commercial motor vehicles. A waiver under this section shall be published in the Federal Register with reasons for the waiver.”
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.
Administrative Exemptions
Pub. L. 114–94, div. A, title V, § 5206(b), Dec. 4, 2015, 129 Stat. 1537, provided that:
“(1) In general.—The Secretary [of Transportation] shall make permanent the following limited exemptions: “(A) Perishable construction products, as published in the Federal Register on April 2, 2015 (80 Fed. Reg. 17819). “(B) Transport of commercial bee hives, as published in the Federal Register on June 19, 2015 (80 Fed. Reg. 35425). “(C) Safe transport of livestock, as published in the Federal Register on June 12, 2015 (80 Fed. Reg. 33584).
“(2) Additional administrative exemptions.—Any exemption from any provision of the regulations under part 395 of title 49, Code of Federal Regulations, that is in effect on the date of enactment of this Act [Dec. 4, 2015]— “(A) except as otherwise provided in section 31315(b) of title 49, shall be valid for a period of 5 years from the date such exemption was granted; and “(B) may be subject to renewal under section 31315(b)(2) of title 49, United States Code.”
Commercial Driver Pilot Program
Pub. L. 114–94, div. A, title V, § 5404, Dec. 4, 2015, 129 Stat. 1549, provided that:
“(a) In General.— The Secretary [of Transportation] shall establish a pilot program under section 31315(c) of title 49, United States Code, to study the feasibility, benefits, and safety impacts of allowing a covered driver to operate a commercial motor vehicle in interstate commerce.
“(b) Data Collection.—The Secretary shall collect and analyze data relating to accidents in which— “(1) a covered driver participating in the pilot program is involved; and
“(2) a driver under the age of 21 operating a commercial motor vehicle in intrastate commerce is involved.
“(c) Limitations.—A driver participating in the pilot program may not— “(1)
transport— “(A) passengers; or “(B) hazardous cargo; or “(2) operate a vehicle in special configuration.
“(d) Working Group.—
“(1) Establishment.— The Secretary shall conduct, monitor, and evaluate the pilot program in consultation with a working group to be established by the Secretary consisting of representatives of the armed forces, industry, drivers, safety advocacy organizations, and State licensing and enforcement officials.
“(2) Duties.— The working group shall review the data collected under subsection (b) and provide recommendations to the Secretary on the feasibility, benefits, and safety impacts of allowing a covered driver to operate a commercial motor vehicle in interstate commerce.
“(e) Report.— Not later than 1 year after the date on which the pilot program is concluded, the Secretary shall submit to Congress a report describing the findings of the pilot program and the recommendations of the working group.
“(f) Definitions.—In this section, the following definitions apply:
“(1) Accident.— The term ‘accident’ has the meaning given that term in section 390.5 of title 49, Code of Federal Regulations, as in effect on the date of enactment of this Act.
“(2) Armed forces.— The term ‘armed forces’ has the meaning given that term in section 101(a) of title 10, United States Code.
“(3) Commercial motor vehicle.— The term ‘commercial motor vehicle’ has the meaning given that term in section 31301 of title 49, United States Code.
“(4) Covered driver.—The term ‘covered driver’ means an individual who is— “(A) between the ages of 18 and 21; “(B) a member or former member of the— “(i) armed forces; or “(ii) reserve components (as defined in section 31305(d)(2) of title 49, United States Code, as added by this Act); and “(C) qualified in a Military Occupational Specialty to operate a commercial motor vehicle or similar vehicle.”
Protection of Existing Exemptions
For provisions making amendment by section 4007 of Pub. L. 105–178 inapplicable to or otherwise not affecting waiver, exemption, or pilot program in effect the day before June 9, 1998, under this chapter or section 31136(e) of this title, see section 4007(d) of Pub. L. 105–178, set out as a note under section 31136 of this title.