49 U.S. Code § 31135 - Duties of employers and employees

Status message

There is 1 Update Pending. Select the tab below to view.
(a) In General.— Each employer and employee shall comply with regulations on commercial motor vehicle safety prescribed by the Secretary of Transportation under this subchapter that apply to the employer’s or employee’s conduct.
(b) Noncompliance.—
(1) Motor carriers.— Two or more motor carriers, employers, or persons shall not use common ownership, common management, common control, or common familial relationship to enable any or all such motor carriers, employers, or persons to avoid compliance, or mask or otherwise conceal non-compliance, or a history of non-compliance, with regulations prescribed under this subchapter or an order of the Secretary issued under this subchapter.
(2) Pattern.— If the Secretary finds that a motor carrier, employer, or person engaged in a pattern or practice of avoiding compliance, or masking or otherwise concealing noncompliance, with regulations prescribed under this subchapter, the Secretary—
(A) may withhold, suspend, amend, or revoke any part of the motor carrier’s, employer’s, or person’s registration in accordance with section 13905 or 31134; and
(B) shall take into account such non-compliance for purposes of determining civil penalty amounts under section 521 (b)(2)(D).
(3) Officers.— If the Secretary finds, after notice and an opportunity for proceeding, that an officer of a motor carrier, employer, or owner or operator has engaged in a pattern or practice of, or assisted a motor carrier, employer, or owner or operator in avoiding compliance, or masking or otherwise concealing noncompliance, while serving as an officer or such motor carrier, employer, or owner or operator, the Secretary may suspend, amend, or revoke any part of a registration granted to the officer individually under section 13902 or 31134.
(c) Regulations.— Not later than 1 year after the date of enactment of this subsection, the Secretary shall by regulation establish standards to implement subsection (b).
(d) Definitions.— In this section, the following definitions apply:
(1) Motor carrier.— The term “motor carrier” has the meaning such term has under section 13102.
(2) Officer.— The term “officer” means an owner, director, chief executive officer, chief operating officer, chief financial officer, safety director, vehicle maintenance supervisor, and driver supervisor of a motor carrier, regardless of the title attached to those functions, and any person, however designated, exercising controlling influence over the operations of a motor carrier.

Source

(Pub. L. 103–272, § 1(e),July 5, 1994, 108 Stat. 1003; Pub. L. 109–59, title IV, § 4113(a),Aug. 10, 2005, 119 Stat. 1724; Pub. L. 112–141, div. C, title II, § 32112,July 6, 2012, 126 Stat. 783.)

Historical and Revision Notes
Revised Section Source (U.S. Code) Source (Statutes at Large)
31135
49 App.:2504.
Oct. 30, 1984, Pub. L. 98–554, § 205, 98 Stat. 2834.

References in Text

The date of enactment of this subsection, referred to in subsec. (c), is the date of enactment of Pub. L. 109–59, which was approved Aug. 10, 2005.
Amendments

2012—Subsec. (b). Pub. L. 112–141added subsec. (b) and struck out former subsec. (b). Prior to amendment, text read as follows: “If the Secretary finds that an officer of a motor carrier engages or has engaged in a pattern or practice of avoiding compliance, or masking or otherwise concealing noncompliance, with regulations on commercial motor vehicle safety prescribed under this subchapter, while serving as an officer of any motor carrier, the Secretary may suspend, amend, or revoke any part of the motor carrier’s registration under section 13905.”
2005—Pub. L. 109–59designated existing provisions as subsec. (a), inserted heading, and added subsecs. (b) to (d).
Effective Date of 2012 Amendment

Amendment by Pub. L. 112–141effective Oct. 1, 2012, see section 3(a) ofPub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.

The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.

The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013

An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.

49 USCDescription of ChangeSession YearPublic LawStatutes at Large
§ 311352012112-141 [Sec.] 32112126 Stat. 783

This is a list of parts within the Code of Federal Regulations for which this US Code section provides rulemaking authority.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


49 CFR - Transportation

49 CFR Part 385 - SAFETY FITNESS PROCEDURES

 

LII has no control over and does not endorse any external Internet site that contains links to or references LII.