49 USC § 31135 - Duties of employers and employees | Title 49 - Transportation | U.S. Code

USCPrelim is a preliminary release and may be subject to further revision before it is released again as a final version.

Current through Pub. L. 112-283. (See Public Laws for the current Congress.)

(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.

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(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) Pattern of Noncompliance.— 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.

(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.)

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

2005—Pub. L. 109–59designated existing provisions as subsec. (a), inserted heading, and added subsecs. (b) to (d).

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 Wednesday, February 6, 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.

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49 USC	Description of Change	Session Year	Public Law	Statutes at Large
§ 31135		2012	112-141 [Sec.] 32112	126 Stat. 783

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

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49 CFR - Title 49—Transportation

49 CFR 385 - SAFETY FITNESS PROCEDURES

49 USC § 31135 - Duties of employers and employees

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