§ 31101. Definitions

Statutory text

In this subchapter—

“commercial motor vehicle” means (except in section 31106) a self-propelled or towed vehicle used on the highways in commerce principally to transport passengers or cargo, if the vehicle—

has a gross vehicle weight rating or gross vehicle weight of at least 10,001 pounds, whichever is greater;

is designed to transport more than 10 passengers including the driver; or

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.

“employee” means a driver of a commercial motor vehicle (including an independent contractor when personally operating a commercial motor vehicle), a mechanic, a freight handler, or an individual not an employer, who—

directly affects commercial motor vehicle safety in the course of employment by a commercial motor carrier; and

is not an employee of the United States Government, a State, or a political subdivision of a State acting in the course of employment.

“employer”—

means a person engaged in a business affecting commerce that owns or leases a commercial motor vehicle in connection with that business, or assigns an employee to operate the vehicle in commerce; but

does not include the Government, a State, or a political subdivision of a State.

“State” means a State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1994
Pub. L. 103–272 § 1(e) · 108 Stat. 745
Enacted · 49 U.S.C. § 31101
Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 984
Source evidence
Code source credit
Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 984
Enacted provision · exact public law section
Section 1. subtitles ii, ii, and v-x of title 49, united states code (a) Certain general and permanent laws of the 49 USC prec. 101 note. United States, related to transportation, are revised, codified, and enacted by subsections (c)–(e) of this section without substantive change as subtitles II, III, and V–X of title 49, United States Code, “Transportation”. Those laws may be cited as “49 U.S.C. ________”. (b) Title 49, United States Code, is amended by striking the table of subtitles at the beginning of the title and substituting the following new table of subtitles: “Subtitle “I. DEPARTMENT OF TRANSPORTATION “II. OTHER GOVERNMENT AGENCIES “III. GENERAL AND INTERMODAL PROGRAMS “IV. INTERSTATE COMMERCE “V. RAIL PROGRAMS “VI. MOTOR VEHICLE AND DRIVER PROGRAMS “VII. AVIATION PROGRAMS “VIII. PIPELINES “IX. COMMERCIAL SPACE TRANSPORTATION “X. MISCELLANEOUS (c) Title 49, United States Code, is amended by striking subtitle II, except that chapter 31 (comprising sections 3101–3104) of subtitle II is redesignated and restated as chapter 315 (comprising sections 31501–31504) of subtitle VI of title 49, as enacted by subsection (e) of this section. (d) Title 49, United States Code, is amended by adding the following immediately after subtitle I:
1998
Transportation Equity Act for the 21st Century
Pub. L. 105–178 § 4003(a)(1) · 112 Stat. 107
1. Inserted · 49 U.S.C. § 31101(1)(A)
  Pub. L. 105–178, § 4003(a)(1), inserted “or gross vehicle weight” after “rating”
2. Substituted · 49 U.S.C. § 31101(1)(A)
  Pub. L. 105–178, § 4003(a)(1), substituted “10,001 pounds, whichever is greater” for “10,000 pounds”
Source evidence
Code amendment note
Par. (1)(A). Pub. L. 105–178, § 4003(a)(1), inserted “or gross vehicle weight” after “rating” and substituted “10,001 pounds, whichever is greater” for “10,000 pounds”.
Enacted provision · exact public law section
(1) in paragraph (I)(A)— (A) by inserting “or gross vehicle weight” after “rating”; and (B) by striking “10,000 pounds” and inserting “10,001 pounds, whichever is greater”; and
1998
Transportation Equity Act for the 21st Century
Pub. L. 105–178 § 4003(a)(2) · 112 Stat. 107
Inserted · 49 U.S.C. § 31101(1)(C)
Pub. L. 105–178, § 4003(a)(2), inserted “and transported in a quantity requiring placarding under regulations prescribed by the Secretary under section 5103” before period at end
Source evidence
Code amendment note
Par. (1)(C). Pub. L. 105–178, § 4003(a)(2), inserted “and transported in a quantity requiring placarding under regulations prescribed by the Secretary under section 5103” before period at end.
Enacted provision · exact public law section
(2) in paragraph (1)(C) by inserting “and transported in a quantity requiring placarding under regulations prescribed by the Secretary under section 5103” after “title”.

4 of 4 references resolved to an enrolled provision

Notes

historicalAndRevision

Historical and Revision Notes
RevisedSection	Source (U.S. Code)	Source (Statutes at Large)
31101	49 App.:2301(1), (3)–(6).	Jan. 6, 1983, Pub. L. 97–424, § 401(1), (3)–(6), 96 Stat. 2154, 2155.
	49 App.:2301(2).	Jan. 6, 1983, Pub. L. 97–424, § 401(2), 96 Stat. 2154; Oct. 30, 1984, Pub. L. 98–554, § 228(a), (b), 98 Stat. 2852.

Before clause (1), the words “unless the context otherwise requires” are omitted as unnecessary. The text of 49 App.:2301(4) is omitted as unnecessary because of 1:1. The text of 49 App.:2301(5) is omitted as surplus because the complete name of the Secretary of Transportation is used the first time the term appears in a section.

In clause (1), before subclause (A), the words “(except in section 31106)” are added because the source provisions being restated in section 31106 of the revised title contain a definition of “commercial motor vehicle”.

In clause (4), the words “the Commonwealth of” are omitted for consistency in the revised title and with other titles of the United States Code.

Editorial Notes

Amendments

1998—Par. (1)(A). Pub. L. 105–178, § 4003(a)(1), inserted “or gross vehicle weight” after “rating” and substituted “10,001 pounds, whichever is greater” for “10,000 pounds”.

Par. (1)(C). Pub. L. 105–178, § 4003(a)(2), inserted “and transported in a quantity requiring placarding under regulations prescribed by the Secretary under section 5103” before period at end.

Statutory Notes and Related Subsidiaries

Savings Clause

Pub. L. 105–178, title IV, § 4003(h), June 9, 1998, 112 Stat. 398, provided that: “Amendments made by this section [amending this section and sections 31102 to 31104 of this title] shall not affect any funds made available before the date of enactment of this Act [June 9, 1998].”

Credits

1994–1998 · 2 acts

1994Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 984
1998Pub. L. 105–178, title IV, § 4003(a), June 9, 1998, 112 Stat. 395.

Show as published

(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 984; Pub. L. 105–178, title IV, § 4003(a), June 9, 1998, 112 Stat. 395.)