49 U.S.C. § 31132

Definitions

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In this subchapter—(1) “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—(A) has a gross vehicle weight rating or gross vehicle weight of at least 10,001 pounds, whichever is greater;(B) is designed or used to transport more than 8 passengers (including the driver) for compensation;(C) is designed or used to transport more than 15 passengers, including the driver, and is not used to transport passengers for compensation; or(D) 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 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—(A) directly affects commercial motor vehicle safety in the course of employment; 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 the employment by the Government, a State, or a political subdivision of a State.(3) “employer”—(A) 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(B) does not include the Government, a State, or a political subdivision of a State.(4) “interstate commerce” means trade, traffic, or transportation in the United States between a place in a State and—(A) a place outside that State (including a place outside the United States); or(B) another place in the same State through another State or through a place outside the United States.(5) “intrastate commerce” means trade, traffic, or transportation in a State that is not interstate commerce.(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.(7) “regulation” includes a standard or order.(8) “State” means a State of the United States, the District of Columbia, and, in sections 31136 and 31140–31142 11 See References in Text note below. of this title, a political subdivision of a State.(9) “State law” includes a law enacted by a political subdivision of a State.(10) “State regulation” includes a regulation prescribed by a political subdivision of a State.(11) “United States” means the States of the United States and the District of Columbia.(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1000; Pub. L. 104–88, title I, § 104(f), Dec. 29, 1995, 109 Stat. 919; Pub. L. 105–178, title IV, § 4008(a), June 9, 1998, 112 Stat. 404; Pub. L. 109–59, title IV, § 4116(c), Aug. 10, 2005, 119 Stat. 1728.)

Historical and Revision Notes
31132	49 App.:2503.	Oct. 30, 1984, Pub. L. 98–554, § 204, 98 Stat. 2833.

Historical and Revision Notes

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 NotesReferences in Text

Section 31140 of this title, referred to in par. (8), was repealed by Pub. L. 105–178, title IV, § 4008(d), June 9, 1998, 112 Stat. 404.

Amendments

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 SubsidiariesEffective Date of 1995 Amendment

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.

Notes of Decisions

Cited in 59 cases (13 in the last 5 years), 1995–2025 · leading case: Bates v. United Parcel Serv., Inc., 511 F.3d 974 (9th Cir. 2007).

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Bates v. United Parcel Serv., Inc., 511 F.3d 974 (9th Cir. 2007). · cites it 2× “See 49 U.S.C. § 31132 (1)(A); 49 C.F.R. § 391.”

Fox v. Commonwealth Worldwide Chauffeured Transp. of NY, LLC, 865 F. Supp. 2d 257 (E.D.N.Y 2012). · cites it 5× “There remains one possible additional requirement for a worker to qualify as an “employee” for the purposes of § 31502: that the worker’s duties involve work on a “commercial motor vehicle,” as that term is defined in 49 U.S.C. § 31132 (1), In many cases, an employer will…”

Cerutti v. Frito Lay, Inc., 777 F. Supp. 2d 920 (W.D. Pa. 2011). · cites it 3× “49 U.S.C. § 31132 (1)(A)-(D). Under that change the Secretary of Transportation no longer had jurisdiction over drivers of light weight vehicles, i.”

Carley Ex Rel. Situated v. Crest Pumping Techs., L. L.C., 890 F.3d 575 (5th Cir. 2018). “See 49 U.S.C. § 31132 (1) (defining a "commercial motor vehicle" as, in part, a vehicle with "a gross vehicle weight rating or gross vehicle weight of at least 10,001 pounds, whichever is greater " (emphasis added) ).”

Birdell McCall v. Disabled Am. Vets., 723 F.3d 962 (8th Cir. 2013). · cites it 3× “In accordance with SAFETEA-LU, the MCAE now only exempts employees from the FLSA who operate a “commercial motor vehicle,” as that term is defined in 49 U.S.C. § 31132 . See id. Title IV, § 4142(a).”

Markel Ins. Co. v. Lillian Rau, 954 F.3d 1012 (7th Cir. 2020). “” See 49 U.S.C. §§ 31132 (1)(A), 31101(1)(A), 49 C.”

Ooida Risk Retention Grp., Inc. v. Williams, 579 F.3d 469 (5th Cir. 2009). “49 U.S.C. § 31132 (2) (Emphasis added). The disjunctive use of “or” creates a distinction between an “operator of a commercial motor vehicle” and a non-employer individual who directly affects commercial motor vehicle safety in the course of employment, strongly suggesting that…”

Musarra v. Digit. Dish, Inc., 454 F. Supp. 2d 692 (S.D. Ohio 2006). · cites it 2× “See 49 U.S.C. § 31132 (1). It is undisputed that the trucks driven by Digital Dish technicians are not “commercial motor vehicles.”

Brooks v. Halsted Commc'ns, Ltd., 620 F. Supp. 2d 193 (D. Mass. 2009). · cites it 3× “49 U.S.C. § 31132 (1)(A). As a result, employers not operating vehicles *198 weighing more than 10,000 pounds were no longer motor carriers and, after August, 2005, were subject to the FLSA’s overtime provisions.”

Vidinliev v. Carey Int'l, Inc., 581 F. Supp. 2d 1281 (N.D. Ga. 2008). · cites it 2× “49 U.S.C. § 31132 . The parties in this case initially briefed the motions under the assumption that the SAFETEA-LU provided the definition of motor carrier for claims beginning on August 10, 2005.”

Amendola v. Bristol-Myers Squibb Co., 558 F. Supp. 2d 459 (S.D.N.Y. 2008). “Effective August 2005, Congress amended the Motor Carrier Act to limit its coverage to persons transporting property by commercial motor vehicles, which are defined as weighing at least 10,001 pounds.”

Avery v. Chariots for Hire, 748 F. Supp. 2d 492 (D. Maryland 2010). · cites it 2× “Plaintiffs assert that Plaintiff Avery often drove vehicles with a gross weight of less than 10,001 pounds, which, they argue, are not defined as commercial motor vehicles under 49 U.S.C. § 31132 (1). 29 U.S.C. § 207 (a)(1) provides: (a) Employees engaged in interstate commerce;…”

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— 49 U.S.C. § 31132(1) — 1 case

Cerutti v. Frito Lay, Inc., 777 F. Supp. 2d 920 (W.D. Pa. 2011). “49 U.S.C. § 31132 (1)(A)-(D). Under that change the Secretary of Transportation no longer had jurisdiction over drivers of light weight vehicles, i.”

— 49 U.S.C. § 31132(2) — 1 case

Beavers v. Victorian, 38 F. Supp. 3d 1260 (W.D. Okla. 2014).

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