U.S. Code » Title 49 » Subtitle SUBTITLE VI— MOTOR VEHICLE AND DRIVER PROGRAMS › Part PART B— COMMERCIAL › Chapter CHAPTER 315— MOTOR CARRIER SAFETY

49 U.S.C. § 31501

Definitions

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In this chapter—(1) “migrant worker” means an individual going to or from employment in agriculture as provided under section 3121(g) of the Internal Revenue Code of 1986 (26 U.S.C. 3121(g)) or section 3(f) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(f)).(2) “motor carrier”, “motor common carrier”, “motor private carrier”, “motor vehicle”, and “United States” have the same meanings given those terms in section 13102 of this title.(3) “motor carrier of migrant workers”—(A) means a person (except a motor common carrier) providing transportation referred to in section 13501 of this title by a motor vehicle (except a passenger automobile or station wagon) for at least 3 migrant workers at a time to or from their employment; but(B) does not include a migrant worker providing transportation for migrant workers and their immediate families.(Pub. L. 97–449, Jan. 12, 1983, 96 Stat. 2438, § 3101; renumbered § 31501 and amended Pub. L. 103–272, § 1(c), (e), July 5, 1994, 108 Stat. 745, 1029; Pub. L. 103–429, § 6(26), Oct. 31, 1994, 108 Stat. 4380; Pub. L. 104–88, title III, § 308(k)(1), (2), Dec. 29, 1995, 109 Stat. 947, 948.)

Historical and Revision Notes

Pub. L. 97–449

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

3101(1)

49:303(a)(23).

Feb. 4, 1887, ch. 104, 24 Stat. 397, § 203(a)(22), (23); added Aug. 3, 1956, ch. 905, § 1, 70 Stat. 958.

3101(2)

(no source).

3101(3)

49:303(a)(22).

In clause (1), the words “going to or from” are substituted for “proceeding to or returning from” for clarity.

Clause (2) is included to ensure that the identical definitions that are relevant are used without repeating them. The source provisions for the quoted definitions are found in the revision notes for section 10102 of the revised title.

In clause (3), the words “including any ‘contract common carrier by motor vehicle’ ” are omitted as covered by the definition of “motor carrier”. The words “referred to in section 10521(a) of this title” are substituted for “in interstate or foreign commerce” for clarity and consistency in the revised title. The word “except” is substituted for “but not including” for clarity. The words “at least” are substituted for “or more”, and the words “but the term does not include” are substituted for “except”, for consistency.

Pub. L. 103–429

This amends 49:31501(1) to correct an erroneous cross-reference.

Editorial NotesAmendments

1995—Par. (2). Pub. L. 104–88, § 308(k)(1), substituted “13102” for “10102”.

Par. (3)(A). Pub. L. 104–88, § 308(k)(2), substituted “13501” for “10521(a)”.

1994—Pub. L. 103–272 renumbered section 3101 of this title as this section and amended it generally, restating it without substantive change.

Par. (1). Pub. L. 103–429 substituted “section 3(f)” for “section 203(f)”.

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.

Effective Date of 1994 Amendment

Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.

Exemptions From Requirements of This Chapter for Certain Farm Vehicles

For provisions relating to exemptions from certain requirements of this chapter with respect to certain farm vehicles and individuals operating those vehicles, see section 32934 of Pub. L. 112–141, set out as a note under section 31136 of this title.

Notes of Decisions
Cited in 20 cases (3 in the last 5 years), 1997–2024 · leading case: Bostain v. Food Exp., Inc., 153 P.3d 846 (Wash. 2007).
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Bostain v. Food Exp., Inc., 153 P.3d 846 (Wash. 2007). “. . . Laws of 1989, ch. 104, § 1; Final Legislative Report, 51st Leg.”
Bostain v. Food Express, Inc., 159 Wash. 2d 700 (Wash. 2007). “], if the compensation system under which the truck or bus driver is paid includes overtime pay, reasonably equivalent to that required by this subsection, for working longer than forty hours per week .”
Vidinliev v. Carey Int'l, Inc., 581 F. Supp. 2d 1281 (N.D. Ga. 2008). · cites it 2× “” 49 U.S.C. § 31501 . The phrase “section 13102 of this title” is a reference to 49 U.”
Collins v. Overnite Transp. Co., 129 Cal. Rptr. 2d 254 (Cal. Ct. App. 2003). “They exist under statutory authority for the regulation of motor vehicle safety ( 49 U.S.C. § 31501 (b)(1)), which has a pedigree going back to the Motor Carrier Act, 1935.”
Alvaro Albanil v. Coast 2 Coast, Inc., Et A, 444 F. App'x 788 (5th Cir. 2011). “49 U.S.C. § 31501 (2). Before August 10, 2005 (and, as will be discussed, after June 6, 2008), section *794 13102 defined “motor carrier” as “a person providing motor vehicle transportation for compensation” and “motor private carrier” as “a person, other than a motor carrier,…”
Cerutti v. Frito Lay, Inc., 777 F. Supp. 2d 920 (W.D. Pa. 2011). “§ 213 (b)(1); 49 U.S.C. § 31501 ) (DOT official’s opinion letter endorsing a “through ticketing” test for determining whether drivers of disabled passengers were subject to DOT regulation did merit judicial deference with respect to the question whether such drivers were…”
Tews v. Renzenberger, Inc., 592 F. Supp. 2d 1331 (D. Kan. 2009). “” 49 U.S.C. § 31501 (2). Until August 10, 2005, § 13102 defined a “motor carrier” as a “person providing motor vehicle transportation for compensation.”
Hutson v. Rent-A-Ctr., Inc., 209 F. Supp. 2d 1353 (M.D. Ga. 2001). “49 U.S.C.A. §§ 31501 , 31502. Title 49 U.”
Midwest Crane & Rigging, Inc. v. Fed. Motor Carrier Saf. Admin., 603 F.3d 837 (10th Cir. 2010). “49 U.S.C. § 31501 et seq. The MCSA, inter alia, enables the Secretary of Transportation to “prescribe requirements for .”
Gonzalez v. Smith Int'l, Inc., 899 F. Supp. 2d 622 (S.D. Tex. 2010). “49 U.S.C. § 31501 (b). The term “motor private carrier” means a person, other than a motor carrier, transporting property by motor vehicle when— (A)the transportation is as provided in section 13501 of this title; (B) the person is the owner, lessee, or bailee of the property…”
King v. Asset Appraisal Servs., Inc., 470 F. Supp. 2d 1025 (D. Neb. 2006). “§ 213 (b)(1); 49 U.S.C. §§ 31501 & 32502, applies to work performed by the plaintiffs.”
Williams v. Alex's Transp., Inc., 969 F. Supp. 1142 (N.D. Ill. 1997). “Section 31502 provides that the Secretary of Transportation (“SofT”) has the authority to regulate “employees of, and safety of operation and equipment of, a motor carrier.”
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