§ 31310. Disqualifications

Footnotes

1. 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.

1. 1994

   Pub. L. 103–272 § 1(e) · 108 Stat. 745

   Enacted · 49 U.S.C. § 31310

   Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1022

   Source evidence

   Code source credit
   Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1022

   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:

2. 1995

   ICC Termination Act of 1995

   Pub. L. 104–88 title IV § 403(a) · 109 Stat. 803

   Added · 49 U.S.C. § 31310(h)

   Pub. L. 104–88 added subsec. (h)

   Source evidence

   Code amendment note
   Subsec. (h). Pub. L. 104–88 added subsec. (h).

   Enacted provision · exact public law section
   (a) Federal Regulations.— Section 31310 of title 49, United States Code, is amended by adding at the end thereof the following: “(h) Grade-Crossing Violations.— “(1) Sanctions.— The Secretary shall issue regulations establishing sanctions and penalties relating to violations, by persons operating commercial motor vehicles, of laws and regulations pertaining to railroad-highway grade crossings. “(2) Minimum requirements.— The regulations issued under paragraph (1) shall, at a minimum, require that— “(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.”.

3. 1999

   Pub. L. 106–159 § 201(a)(1) · 113 Stat. 1748

   Added · 49 U.S.C. § 31310(b)(1)(D); 49 U.S.C. § 31310(b)(1)(E)

   Pub. L. 106–159, § 201(a)(1), added subpars. (D) and (E)

   Source evidence

   Code amendment note
   Subsec. (b)(1)(D), (E). Pub. L. 106–159, § 201(a)(1), added subpars. (D) and (E).

   Enacted provision · exact public law section
   (1) First Violation.— Section 31310(b)(1) of title 49, United States Code, is amended— (A) by striking “or” at the end of subparagraph (B); (B) by striking the period at the end of subparagraph (C) and inserting a semicolon; and (C) by adding at the end the following: “(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.”.

4. 1999

   Pub. L. 106–159 § 201(a)(2)(A) · 113 Stat. 1748

   Redesignated · 49 U.S.C. § 31310(c)(1)(D); 49 U.S.C. § 31310(c)(1)(E)

   Pub. L. 106–159, § 201(a)(2)(A), (C), added subpars. (D) and (E). Former subpar. (D) redesignated (F)

   Source evidence

   Code amendment note
   Subsec. (c)(1)(D), (E). Pub. L. 106–159, § 201(a)(2)(A), (C), added subpars. (D) and (E). Former subpar. (D) redesignated (F).

   Enacted provision · exact public law section
   (A) by striking “or” at the end of subparagraph (C);

5. 1999

   Pub. L. 106–159 § 201(a)(2)(B) · 113 Stat. 1748

   1. Redesignated · 49 U.S.C. § 31310(c)(1)(F)

      Pub. L. 106–159, § 201(a)(2)(B), (D), redesignated subpar. (D) as (F)

   2. Substituted · 49 U.S.C. § 31310(c)(1)(F)

      Pub. L. 106–159, § 201(a)(2)(B), (D), substituted “subparagraphs (A) through (E)” for “clauses (A)–(C) of this paragraph”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   (B) by redesignating subparagraph (D) as subparagraph (F);

6. 1999

   Pub. L. 106–159 § 201(b)(2) · 113 Stat. 1748

   Redesignated · 49 U.S.C. § 31310(f); 49 U.S.C. § 31310(g)

   Pub. L. 106–159, § 201(b)(2), added subsecs. (f) and (g). Former subsecs. (f) and (g) redesignated (h) and (i), respectively

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (2) by inserting after subsection (e) the following: “(f) Emergency Disqualification.— “(1) Limited duration.— The Secretary shall disqualify an individual from operating a commercial motor vehicle for not to exceed 30 days if the Secretary determines that allowing the individual to continue to operate a commercial motor vehicle would create an imminent hazard (as such term is defined in section 5102). “(2) After notice and hearing.— The Secretary shall disqualify an individual from operating a commercial motor vehicle for more than 30 days if the Secretary determines, after notice and an opportunity for a hearing, that allowing the individual to continue to operate a commercial motor vehicle would create an imminent hazard (as such term is defined in section 5102). “(g) Noncommercial Motor Vehicle Convictions.— “(1) Issuance of regulations.— Not later than 1 year Deadline. after the date of the enactment of this Act, the Secretary shall issue regulations providing for the disqualification by the Secretary from operating a commercial motor vehicle of an individual who holds a commercial driver’s license and who has been convicted of— “(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) Requirements for regulations.— Regulations issued under paragraph (1) shall establish the minimum periods for which the disqualifications shall be in effect, but in no case shall the time periods for disqualification for noncommercial motor vehicle violations be more stringent than those for offenses or violations involving a commercial motor vehicle. The Secretary shall determine such periods based on the seriousness of the offenses on which the convictions are based.”; and

7. 1999

   Pub. L. 106–159 § 201(b)(1) · 113 Stat. 1748

   1. Redesignated · 49 U.S.C. § 31310(h)

      Pub. L. 106–159, § 201(b)(1), (3), redesignated subsec. (f) as (h)

   2. Redesignated · 49 U.S.C. § 31310(h)

      Pub. L. 106–159, § 201(b)(1), (3), substituted “(b) through (g)” for “(b)–(e)” in two places. Former subsec. (h) redesignated (j)

   Source evidence

   Code amendment note
   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).

   Enacted provision · exact public law section
   (1) by redesignating subsections (f), (g), and (h) as subsections (h), (i), and (j), respectively;

8. 1999

   Pub. L. 106–159 § 201(b)(1) · 113 Stat. 1748

   Redesignated · 49 U.S.C. § 31310(i); 49 U.S.C. § 31310(j)

   Pub. L. 106–159, § 201(b)(1), redesignated subsecs. (g) and (h) as (i) and (j), respectively

   Source evidence

   Code amendment note
   Subsecs. (i), (j). Pub. L. 106–159, § 201(b)(1), redesignated subsecs. (g) and (h) as (i) and (j), respectively.

   Enacted provision · exact public law section
   (1) by redesignating subsections (f), (g), and (h) as subsections (h), (i), and (j), respectively;

9. 2005

   Motor Carrier Safety Reauthorization Act of 2005

   Pub. L. 109–59 § 4102(b)(1) · 119 Stat. 1144

   Substituted · 49 U.S.C. § 31310(i)(2)

   Pub. L. 109–59, § 4102(b)(1), substituted “The Secretary” for “Not later than December 18, 1992, the Secretary” in introductory provisions

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (1) by striking “Not later than December 18, 1992, the” and inserting “The”;

10. 2005

    Motor Carrier Safety Reauthorization Act of 2005

    Pub. L. 109–59 § 4102(b)(2) · 119 Stat. 1144

    1. Substituted · 49 U.S.C. § 31310(i)(2)(A)

       Pub. L. 109–59, § 4102(b)(2), substituted “180 days” for “90 days”

    2. Substituted · 49 U.S.C. § 31310(i)(2)(A)

       Pub. L. 109–59, § 4102(b)(2), substituted “$2,500” for “$1,000”

    Source evidence

    Code amendment note
    Subsec. (i)(2)(A). Pub. L. 109–59, § 4102(b)(2), substituted “180 days” for “90 days” and “$2,500” for “$1,000”.

    Enacted provision · exact public law section
    (2) in subparagraph (A)— (A) by striking “90 days” and inserting “180 days”; and (B) by striking “$1,000” and inserting “$2,500”;

11. 2005

    Motor Carrier Safety Reauthorization Act of 2005

    Pub. L. 109–59 § 4102(b)(3) · 119 Stat. 1144

    1. Substituted · 49 U.S.C. § 31310(i)(2)(B)

       Pub. L. 109–59, § 4102(b)(3), substituted “2 years” for “one year”

    2. Substituted · 49 U.S.C. § 31310(i)(2)(B)

       Pub. L. 109–59, § 4102(b)(3), substituted “$5,000;” for “$1,000; and”

    Source evidence

    Code amendment note
    Subsec. (i)(2)(B). Pub. L. 109–59, § 4102(b)(3), substituted “2 years” for “one year” and “$5,000;” for “$1,000; and”.

    Enacted provision · exact public law section
    (3) in subparagraph (B)— (A) by striking “one year” and inserting “2 years”; and (B) by striking “$1,000; and” and inserting “$5,000;”;

12. 2005

    Motor Carrier Safety Reauthorization Act of 2005

    Pub. L. 109–59 § 4102(b)(4) · 119 Stat. 1144

    Substituted · 49 U.S.C. § 31310(i)(2)(C)

    Pub. L. 109–59, § 4102(b)(4), substituted “$25,000; and” for “$10,000.”

    Source evidence

    Code amendment note
    Subsec. (i)(2)(C). Pub. L. 109–59, § 4102(b)(4), substituted “$25,000; and” for “$10,000.”

    Enacted provision · exact public law section
    (4) in subparagraph (C) by striking “$10,000.” and inserting “$25,000; and”; and

13. 2005

    Motor Carrier Safety Reauthorization Act of 2005

    Pub. L. 109–59 § 4102(b)(5) · 119 Stat. 1144

    Added · 49 U.S.C. § 31310(i)(2)(D)

    Pub. L. 109–59, § 4102(b)(5), added subpar. (D)

    Source evidence

    Code amendment note
    Subsec. (i)(2)(D). Pub. L. 109–59, § 4102(b)(5), added subpar. (D).

    Enacted provision · exact public law section
    (5) by adding at the end the following: “(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.” .

14. 2012

    Commercial Motor Vehicle Safety Enhancement Act of 2012

    Pub. L. 112–141 § 32507 · 126 Stat. 405

    Inserted · 49 U.S.C. § 31310(f)

    Pub. L. 112–141, § 32507, inserted “section 521 or” before “section 5102” in pars. (1) and (2)

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 112–141, § 32507, inserted “section 521 or” before “section 5102” in pars. (1) and (2).

    Enacted provision · exact public law section
    SEC. 32507. EMERGENCY DISQUALIFICATION FOR IMMINENT HAZARD.   Section 31310(f) is amended— (1) in paragraph (1) by inserting “section 521 or” before “section 5102”; and (2) in paragraph (2) by inserting “section 521 or” before “section 5102”.

    Effective date note
    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.

15. 2012

    Commercial Motor Vehicle Safety Enhancement Act of 2012

    Pub. L. 112–141 § 32931(d) · 126 Stat. 405

    Substituted · 49 U.S.C. § 31310(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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (d) Section 31310(g)(1) is amended by striking “Not later than 1 year after the date of enactment of this Act, the” and inserting “The”.

    Effective date note
    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.

16. 2012

    Commercial Motor Vehicle Safety Enhancement Act of 2012

    Pub. L. 112–141 § 32204 · 126 Stat. 405

    Added · 49 U.S.C. § 31310(k)

    Pub. L. 112–141, § 32204, added subsec. (k)

    Source evidence

    Code amendment note
    Subsec. (k). Pub. L. 112–141, § 32204, added subsec. (k).

    Enacted provision · exact public law section
    SEC. 32204. AUTHORITY TO DISQUALIFY FOREIGN COMMERCIAL DRIVERS.   Section 31310 is amended by adding at the end the following: “(k) Foreign Commercial Drivers.— A foreign commercial driver shall be subject to disqualification under this section.” .

    Effective date note
    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.

17. 2018

    No Human Trafficking on Our Roads Act

    Pub. L. 115–106 § 2 · 131 Stat. 2265

    1. Substituted · 49 U.S.C. § 31310(d)

       Pub. L. 115–106 substituted “Lifetime Disqualification Without Reinstatement” for “Controlled Substance Violations” in heading

    2. Inserted · 49 U.S.C. § 31310(d)

       Pub. L. 115–106 inserted par. (1) designation and heading

    3. Added · 49 U.S.C. § 31310(d)

       Pub. L. 115–106 added par. (2)

    Source evidence

    Code amendment note
    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).

    Enacted provision · exact public law section
    SEC. 2. LIFETIME DISQUALIFICATION WITHOUT REINSTATEMENT.   Section 31310(d) of title 49, United States Code, is amended— (1) in the heading, by striking “Controlled Substance Violations” and inserting “Lifetime Disqualification Without Reinstatement”; (2) by striking “The Secretary” and inserting “(1) Controlled substance violations.—The Secretary”; and (3) by adding at the end the following: “(2) Human trafficking violations.— The Secretary shall disqualify from operating a commercial motor vehicle for life an individual who uses a commercial motor vehicle in committing a felony involving an act or practice described in paragraph (9) of section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(9)).” .

23 of 23 references resolved to an enrolled provision