49 U.S.C. § 31311
the State in which the violation occurred shall notify a State official designated by the issuing State of the violations not later than 10 days after the date the individual is found to have committed the violation.
all information the State receives under paragraph (9) with respect to the individual and every violation by the individual involving a motor vehicle (including a commercial motor vehicle) of a State or local law on traffic control (except a parking violation), not later than 10 days after the date of receipt of such information or the date of such violation, as the case may be. The State may not allow information regarding such violations to be withheld or masked in any way from the record of an individual possessing a commercial driver's license.
1 See References in Text note below.
2 So in original. Probably should be "section".
49 U.S.C. § 31311
| HISTORICAL AND REVISION NOTE | ||
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| 31311 | 49 App.:2708. | Oct. 27, 1986,Pub. L. 99-570, §120091986,, 100 Stat. 3207-179; Dec. 18, 1991, Pub. L. 102-240, §4009(b), 105 Stat. 2156. |
EDITORIAL NOTES
REFERENCES IN TEXTPar. (3) of section 31308 of this title, referred to in subsec. (a)(4), was redesignated par. (4) by Pub. L. 109-59, title IV, §4122(2)(C), Aug. 10, 2005, 119 Stat. 1734.The date of enactment of the Commercial Motor Vehicle Safety Enhancement Act of 2012, referred to in subsec. (a)(23), (25), is the date of enactment of title II of div. C of Pub. L. 112-141 which was approved July 6, 2012.
AMENDMENTS2015-Subsec. (a)(12)(C)(ii). Pub. L. 114-94 amended cl. (ii) generally. Prior to amendment, cl. (ii) read as follows: "is a member of the active duty military, military reserves, National Guard, active duty United States Coast Guard, or Coast Guard Auxiliary; and". 2012-Subsec. (a)(5). Pub. L. 112-141, §32305(b)(1)(A), substituted "Not later than the time period prescribed by the Secretary by regulation," for "At least 60 days before issuing a commercial driver's license (or a shorter period the Secretary prescribes by regulation),". Subsec. (a)(12). Pub. L. 112-196 amended par. (12) generally. Prior to amendment, par. (12) read as follows: "The State may issue a commercial driver's license only to an individual who operates or will operate a commercial motor vehicle and is domiciled in the State, except that, under regulations the Secretary shall prescribe, the State may issue a commercial driver's license to an individual who operates or will operate a commercial motor vehicle and is not domiciled in a State that issues commercial drivers' licenses."Subsec. (a)(22). Pub. L. 112-141, §32203(b), added par. (22).Subsec. (a)(23), (24). Pub. L. 112-141, §32305(b)(1)(B), added pars. (23) and (24).Subsec. (a)(25). Pub. L. 112-141, §32302(d), added par. (25).Subsecs. (d), (e). Pub. L. 112-141, §32305(b)(2), added subsecs. (d) and (e). 2005-Subsec. (a)(15). Pub. L. 109-59, §4123(b)(1), substituted "(i)(1)(A) and (i)(2)" for "(g)(1)(A), and (g)(2)". Subsec. (a)(17). Pub. L. 109-59, §4123(b)(2), substituted "as 31310(j)" for "section 31310(h)".Subsec. (a)(21). Pub. L. 109-59, §4123(b)(3), added par. (21). 1999-Subsec. (a)(6). Pub. L. 106-159, §202(a), inserted "or renewing such a license" after "to an individual" and struck out "commercial" after "has issued a".Subsec. (a)(8). Pub. L. 106-159, §202(b), inserted ", and the violation that resulted in the disqualification, revocation, suspension, or cancellation shall be recorded" before the period at end.Subsec. (a)(9). Pub. L. 106-159, §202(c), amended par. (9) generally. Prior to amendment, par. (9) read as follows: "If an individual operating a commercial motor vehicle violates a State or local law on motor vehicle traffic control (except a parking violation) and the individual has a driver's license issued by another State, the State in which the violation occurred shall notify a State official designated by the issuing State of the violation not later than 10 days after the date the individual is found to have committed the violation." Subsec. (a)(10). Pub. L. 106-159, §202(d), designated existing provisions as subpar. (A) and added subpar. (B).Subsec. (a)(13). Pub. L. 106-159, §202(e), inserted "consistent with this chapter that" after "penalties", substituted "vehicle." for "vehicle when the individual-", and struck out pars. (A) to (C) which read as follows:"(A) does not have a commercial driver's license;"(B) has a driver's license revoked, suspended, or canceled; or"(C) is disqualified from operating a commercial motor vehicle." Subsec. (a)(18) to (20). Pub. L. 106-159, §202(f)-(h), added pars. (18) to (20).1998-Subsec. (a)(15). Pub. L. 105-178, §4011(e)(1), substituted "subsections (b)-(e), (g)(1)(A), and (g)(2) of section 31310" for "section 31310(b)-(e) of this title". Subsec. (a)(17), (18). Pub. L. 105-178, §4011(e)(2), (3), redesignated par. (18) as (17) and struck out former par. (17) which read as follows: "The State shall adopt and enforce regulations prescribed by the Secretary under section 31310(g)(1)(A) and (2) of this title." 1995-Subsec. (a)(18). Pub. L. 104-88 added par. (18).
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114-94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114-94 set out as a note under section 5313 of Title 5, Government Organization and Employees.
EFFECTIVE DATE OF 2012 AMENDMENTAmendment by Pub. L. 112-141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112-141 set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
EFFECTIVE 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.
REGULATIONS Pub. L. 114-94, div. A, title V, §5401(c), Dec. 4, 2015, 129 Stat. 1547, provided that: "Not later than December 31, 2015, the Secretary [of Transportation] shall issue final regulations to implement the exemption to the domicile requirement under section 31311(a)(12)(C) of title 49, United States Code."
STATE-TO-STATE NOTIFICATION OF VIOLATIONS DATA Pub. L. 106-159, title II, §221, Dec. 9, 1999, 113 Stat. 1769, provided that:"(a) DEVELOPMENT.-In cooperation with the States, the Secretary shall develop a uniform system to support the electronic transmission of data State-to-State on convictions for all motor vehicle traffic control law violations by individuals possessing a commercial drivers' licenses as required by paragraphs (9) and (19) of section 31311(a) of title 49, United States Code."(b) STATUS REPORT.-Not later than 2 years after the date of the enactment of this Act [Dec. 9, 1999], the Secretary shall transmit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the status of the implementation of this section."
- State
- "State" means a State of the United States and the District of Columbia.
- United States
- "United States" means the States of the United States and the District of Columbia.
- commerce
- "commerce" means trade, traffic, and transportation-(A) in the jurisdiction of the United States between a place in a State and a place outside that State (including a place outside the United States); or(B) in the United States that affects trade, traffic, and transportation described in subclause (A) of this clause.
- foreign commercial driver
- "foreign commercial driver" means an individual licensed to operate a commercial motor vehicle by an authority outside the United States, or a citizen of a foreign country who operates a commercial motor vehicle in the United States.
- motor vehicle
- "motor vehicle" means a vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power and used on public streets, roads, or highways, but does not include a vehicle, machine, tractor, trailer, or semitrailer operated only on a rail line or custom harvesting farm machinery.