Title 49 — Transportation
Part B · Chapter 311 — Commercial Motor Vehicle Safety
§ 31132. Definitions
Statutory text
In this subchapter—
“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—
has a gross vehicle weight rating or gross vehicle weight of at least 10,001 pounds, whichever is greater;
is designed or used to transport more than 8 passengers (including the driver) for compensation;
is designed or used to transport more than 15 passengers, including the driver, and is not used to transport passengers for compensation; 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 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—
directly affects commercial motor vehicle safety in the course of employment; and
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.
“employer”—
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
does not include the 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 a place outside the United States); or
another place in the same State through another State or through a place outside the United States.
“intrastate commerce” means trade, traffic, or transportation in a State that is not interstate commerce.
“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.
“regulation” includes a standard or order.
“State” means a State of the United States, the District of Columbia, and, in sections 31136 and 31140–31142 1 of this title, a political subdivision of a State.
“State law” includes a law enacted by a political subdivision of a State.
“State regulation” includes a regulation prescribed by a political subdivision of a State.
“United States” means the States of the United States and the District of Columbia.
Footnotes
- 1 See References in Text note below.
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.
Pub. L. 103–272 § 1(e) · 108 Stat. 745
Enacted · 49 U.S.C. § 31132
Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1000
Source evidence
Code source credit
Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1000Enacted 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:ICC Termination Act of 1995
Pub. L. 104–88 title I § 104(f) · 109 Stat. 803
Added · 49 U.S.C. § 31132(1)(B)(D)
Pub. L. 104–88 added subpars. (B) and (C)
Redesignated · 49 U.S.C. § 31132(1)(B)(D)
Pub. L. 104–88 redesignated former subpar. (C) as (D)
Struck · 49 U.S.C. § 31132(1)(B)(D)
Pub. L. 104–88 struck out former subpar. (B) which read as follows: “is designed to transport more than 15 passengers including the driver; or”
Source evidence
Code amendment note
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”.Enacted provision · exact public law section
(f) Commercial Motor Vehicle Defined.— Section 31132(1) of such title is amended— (1) by redesignating subparagraph (C) as subparagraph (D); and (2) by striking subparagraph (B) and inserting in lieu thereof the following: “(B) is designed or used to transport 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; “(C) is designed or used to transport more than 15 passengers, including the driver, and is not used to transport passengers for compensation; or”.Effective date note
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.Transportation Equity Act for the 21st Century
Pub. L. 105–178 § 4008(a)(1) · 112 Stat. 107
Inserted · 49 U.S.C. § 31132(1)(A)
Pub. L. 105–178, § 4008(a)(1), inserted “or gross vehicle weight” after “rating” and “, whichever is greater” after “pounds”
Source evidence
Code amendment note
Par. (1)(A). Pub. L. 105–178, § 4008(a)(1), inserted “or gross vehicle weight” after “rating” and “, whichever is greater” after “pounds”.Enacted provision · exact public law section
(1) in subparagraph (A)— (A) by inserting “or gross vehicle weight” after “rating”; and (B) by inserting “, whichever is greater” after “pounds”; andTransportation Equity Act for the 21st Century
Pub. L. 105–178 § 4008(a)(2) · 112 Stat. 107
Substituted · 49 U.S.C. § 31132(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
Source evidence
Code amendment note
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.Enacted provision · exact public law section
(2) in subparagraph (B) by striking “passengers” and all that follows through the semicolon at the end and inserting “more than 8 passengers (including the driver) for compensation;”.Motor Carrier Safety Reauthorization Act of 2005
Pub. L. 109–59 title IV § 4116(c) · 119 Stat. 1144
Added · 49 U.S.C. § 31132(6)(11)
Pub. L. 109–59 added par. (6)
Redesignated · 49 U.S.C. § 31132(6)(11)
Pub. L. 109–59 redesignated former pars. (6) to (10) as (7) to (11), respectively
Source evidence
Code amendment note
Pars. (6) to (11). Pub. L. 109–59 added par. (6) and redesignated former pars. (6) to (10) as (7) to (11), respectively.Enacted provision · exact public law section
(c) Definition of Medical Examiner.— Section 31132 of such title is amended— (1) by redesignating paragraphs (6) through (10) as paragraphs (7) through (11), respectively; and (2) by inserting after paragraph (5) the following: “(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.” .
8 of 8 references resolved to an enrolled provision
Notes
historicalAndRevision
| Historical and Revision Notes | ||
|---|---|---|
| RevisedSection | Source (U.S. Code) | Source (Statutes at Large) |
| 31132 | 49 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), , 112 Stat. 404.
Amendments1995–2005 · 3 rounds
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 Amendment
Amendment by Pub. L. 104–88 effective , see section 2 of Pub. L. 104–88, set out as an Effective Date note under section 1301 of this title.