U.S. Code
»
Title 49
» Subtitle SUBTITLE VI— MOTOR VEHICLE AND DRIVER PROGRAMS › Part PART B— COMMERCIAL › Chapter CHAPTER 311— COMMERCIAL MOTOR VEHICLE SAFETY › Subchapter SUBCHAPTER I— GENERAL AUTHORITY AND STATE GRANTS
49 U.S.C. § 31101
Definitions
In this subchapter—(1) “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—(A) has a gross vehicle weight rating or gross vehicle weight of at least 10,001 pounds, whichever is greater;(B) is designed to transport more than 10 passengers including the driver; or(C) 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.(2) “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—(A) directly affects commercial motor vehicle safety in the course of employment by a commercial motor carrier; and(B) is not an employee of the United States Government, a State, or a political subdivision of a State acting in the course of employment.(3) “employer”—(A) 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(B) does not include the Government, a State, or a political subdivision of a State.(4) “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.(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.)Historical and Revision Notes |
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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 NotesAmendments1998—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 SubsidiariesSavings ClausePub. 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].”
Notes of Decisions
Aux Sable Liquid Prods. v. Murphy, 526 F.3d 1028 (7th Cir. 2008).
“; and terminals, facilities for food, fuel, repairs, and rest, and points of loading and unloading for household goods carriers, motor carriers of passengers, or any truck tractor-semitrailer combination in which the semitrailer has a length of not more than 28.”
New Hampshire Motor Transp. Ass'n v. Town of Plaistow, 67 F.3d 326 (1st Cir. 1995).
“Thereafter, the district court ruled that the injunction limiting night-time access to and from the trucking terminal was not preempted by two other federal statutes invoked by the appellants — the Surface Transportation Assistance Act of 1982, 49 U.S.C. § 31101 et seq., and the…”
Garza v. City of La Porte, 160 F. Supp. 3d 986 (S.D. Tex. 2016).
· cites it 2× “” 49 U.S.C. § 31101 (1)(A). 56 “Gross vehicle weight rating” is defined by the Department of Transportation regulations as “the value specified by the manufacturer as the loaded weight of a single motor vehicle.”
Town Of Delafield v. Cent. Transp. Kriewaldt, 2020 WI 61 (Wis. 2020).
“49 U.S.C. § 31101 (1). 6 No. 2017AP2525 ¶12 Section 31114(a)(2) details the potential destinations from the highway for which states must maintain reasonable access: terminals, facilities for food, fuel, repairs, and rest, and points of loading and unloading for household goods…”
Pouliot v. Paul Arpin Van Lines, Inc., 292 F. Supp. 2d 374 (D. Conn. 2003).
“5 — 49 U.S.C. §§ 31101 -et„ seq.contains a definition that almost exactly matches the definition used in § 390.”
Serna v. Pettey Leach Trucking, Inc., 2003 Cal. Daily Op. Serv. 6866 (Cal. Ct. App. 2003).
“The court reasoned thus: The truck involved in this accident was (by stipulation) a commercial motor vehicle within the meaning of the National Traffic and Motor Vehicle Safety Act ( 49 U.S.C. §§ 31101 ; see also id., § 13102(12); 49 C.”
Yusim v. Dep't of Labor, 645 F. App'x 967 (11th Cir. 2016).
“§ 31105 (a)(1)(C); see also 49 U.S.C. § 31101 (2) (defining an employee for purposes of the STAA).”
Bliss v. Stow Mills, Inc., 786 A.2d 815 (N.H. 2001).
“The superior court granted the defendant’s motion to dismiss for lack of subject matter jurisdiction on the basis that the federal Surface Transportation and Assistance Act of 1982 (STAA), codified at 49 U.S.C. §§ 31101 et seq. (1996 & Supp. 2000), preempts New Hampshire common…”
Weaver v. Chavez, 2005 Cal. Daily Op. Serv. 9653 (Cal. Ct. App. 2005).
“1 The regulation was promulgated pursuant to the 1994 Commercial Motor Vehicle Safety Act ( 49 U.S.C. § 31101 et seq.).”
Houston v. Bedgood, 588 S.E.2d 437 (Ga. Ct. App. 2003).
“Bedgood’s issuance of a Department of Transportation (“DOT”) Medical Examiner’s Certificate certifying Edward Stoker as physically fit to drive a commercial, over-the-road tractor-trailer pursuant to the federal motor carrier safety statute and regulation, 49 USC § 31101 et seq.…”
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