In General .—
Goal .—
State Plans.—
In general .—
Contents .—
Publication.—
In general .—
Limitation .—
Exclusion of U.S. Territories .—
Intrastate Compatibility .—
Maintenance of Effort.—
Baseline .—
Adjusted baseline after fiscal year 2017 .—
Waivers .—
Level of state expenditures .—
Use of Unified Carrier Registration Fees Agreement .—
Use of Grants To Enforce Other Laws .—
Evaluation of Plans and Award of Grants.—
Awards .—
Opportunity to cure .—
Allocation of Funds.—
In general .—
Annual allocations .—
Elective adjustments .—
Plan Monitoring.—
In general .—
Withholding of funds.—
Disapproval .—
Noncompliance withholding .—
Judicial review .—
High Priority Program.—
In general .—
Activities related to motor carrier safety .—
Innovative technology deployment grant program.—
In general .—
Purposes .—
Eligibility .—
Use of funds .—
Secretary authorization .—
Immobilization grant program.—
Definition of passenger-carrying commercial motor vehicle .—
Establishment .—
List of criteria for immobilization .—
Eligibility .—
Use of funds .—
Secretary authorization .—
Commercial motor vehicle enforcement training and support grant program.—
In general .—
Purposes .—
Eligible entities .—
Pub. L. 103–272, § 1(e)108 Stat. 984Pub. L. 104–88, title I, § 104(a)109 Stat. 918Pub. L. 105–178, title IV, § 4003(b)112 Stat. 395Pub. L. 106–159, title II, § 207113 Stat. 1764Pub. L. 109–59, title IV119 Stat. 1717Pub. L. 112–141, div. C, title II, § 32601(a)126 Stat. 805Pub. L. 114–94, div. A, title V, § 5101(a)129 Stat. 1514Pub. L. 117–58, div. B, title III135 Stat. 758–760(, , ; , , ; , (c), , , 396; , , ; , §§ 4106, 4307(b), , , 1774; , , ; , , ; , §§ 23001(c), 23003–23005, , .)
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Historical and Revision Notes |
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Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
31102(a) | 49 App.:2302(a). | Jan. 6, 1983, Pub. L. 97–424, § 402(a), (c), 96 Stat. 2155, 2156. |
31102(b) | 49 App.:2302(b), (d). | Jan. 6, 1983, Pub. L. 97–424, § 402(b), (d), 96 Stat. 2155, 2156; Dec. 18, 1991, Pub. L. 102–240, § 4002(a), (b), 105 Stat. 2140. |
31102(c) | 49 App.:2302(e). | Jan. 6, 1983, Pub. L. 97–424, 96 Stat. 2097, § 402(e); added Dec. 18, 1991, Pub. L. 102–240, § 4002(c), 105 Stat. 2142. |
31102(d) | 49 App.:2302(c). | |
In this section, the word “rules” is omitted as being synonymous with “regulations”.
In subsection (a), the words “Subject to this section and the availability of amounts” are substituted for “Under the terms and conditions of this section, subject to the availability of funds” to eliminate unnecessary words.
In subsection (b)(1), before clause (A), the word “prescribe” is substituted for “formulate” for consistency in the revised title. Clause (D) is substituted for 49 App.:2302(d) to state the requirements of a plan in one place and to eliminate unnecessary words. In clause (K), the words “into law and practice” are omitted a unnecessary. In clause (O)(i), the words “highways of the United States” are substituted for “our Nation’s highways” for consistency in the revised title and with other titles of the United States Code. In subclause (iii), the word “especially” is omitted as unnecessary.
In subsection (b)(3)(B), the words “Government financing” are substituted for “Federal funding” for clarity and consistency in the revised title.
In subsection (c), before clause (1), the words “type of” are omitted as unnecessary. In clause (1), the word “leave” is substituted for “exit” for clarity and consistency in the revised title.
In subsection (d), the words “the regulations, standards, or orders” are substituted for “Federal rules, regulations, standards, or orders applicable to commercial motor vehicle safety or compatible State rules, regulations, standards, or orders” for consistency and to eliminate unnecessary words. The last sentence is substituted for 49 App.:2302(c) (last sentence) for clarity.
Editorial Notes
References in Text
Pub. L. 114–94Sections 5106 and 5107 of the FAST Act, referred to in subsecs. (f)(1), (2) and (j)(3), are sections 5106 and 5107 of , which are set out as notes below.
Amendments
Pub. L. 117–58, § 23001(c)2021—Subsec. (h)(2)(A). , substituted “2014 and 2015” for “2004 and 2005”.
lPub. L. 117–58, § 23005(1)Subsec. ()(1). , substituted “(2) through (5)” for “(2) and (3)”.
lPub. L. 117–58, § 23003(1)Subsec. ()(2)(H) to (J). , added subpars. (H) and (I) and redesignated former subpar. (H) as (J).
lPub. L. 117–58, § 23003(2)Subsec. ()(3)(D)(iv), (v). , added cls. (iv) and (v).
lPub. L. 117–58, § 23004Subsec. ()(4). , added par. (4).
lPub. L. 117–58, § 23005(2)Subsec. ()(5). , added par. (5).
Pub. L. 114–942015— amended section generally. Prior to amendment, section related to grants to States for programs to improve motor carrier safety.
Pub. L. 112–141, § 32601(a)(1)2012—Subsec. (b). , amended heading generally, substituting “Motor Carrier Safety Assistance Program” for “State Plan Procedures and Contents”.
Pub. L. 112–141, § 32601(a)(3)Subsec. (b)(1). , added par. (1). Former par. (1) redesignated (2).
Pub. L. 112–141, § 32601(a)(2)Subsec. (b)(2). , redesignated par. (1) as (2). Former par. (2) redesignated (3).
Pub. L. 112–141, § 32601(a)(4)(A)Subsec. (b)(2)(I). , substituted “demonstrate” for “make a declaration of”.
Pub. L. 112–141, § 32601(a)(4)(B)Subsec. (b)(2)(M). , amended subpar. (M) generally. Prior to amendment, subpar. (M) read as follows: “ensures participation in SAFETYNET and other information systems by all appropriate jurisdictions receiving funding under this section;”.
Pub. L. 112–141, § 32601(a)(4)(C)Subsec. (b)(2)(Q). , inserted “and dedicated sufficient resources to” after “has established”.
Pub. L. 112–141, § 32601(a)(4)(D)Subsec. (b)(2)(Y). –(F), added subpar. (Y).
Pub. L. 112–141, § 32601(a)(2)Subsec. (b)(3). , redesignated par. (2) as (3). Former par. (3) redesignated (4).
Pub. L. 112–141, § 32601(a)(5)Subsec. (b)(4). , amended par. (4) generally. Prior to amendment, par. (4) read as follows: “In estimating the average level of State expenditure under paragraph (1)(E) of this subsection, the Secretary—
“(A) may allow the State to exclude State expenditures for Government-sponsored demonstration or pilot programs; and
“(B) shall require the State to exclude Government amounts and State matching amounts used to receive Government financing under subsection (a) of this section.”
Pub. L. 112–141, § 32601(a)(2), redesignated par. (3) as (4).
Pub. L. 109–59, § 4106(a)(1)2005—Subsec. (b)(1)(A). , added subpar. (A) and struck out former subpar. (A) which read as follows: “implements performance-based activities by fiscal year 2000;”.
Pub. L. 109–59, § 4106(a)(2)Subsec. (b)(1)(E). , added subpar. (E) and struck out former subpar. (E) which read as follows: “provides that the total expenditure of amounts of the State and its political subdivisions (not including amounts of the Government) for commercial motor vehicle safety programs for enforcement of commercial motor vehicle size and weight limitations, drug interdiction, and State traffic safety laws and regulations under subsection (c) of this section will be maintained at a level at least equal to the average level of that expenditure for its last 3 full fiscal years before ;”.
Pub. L. 109–59, § 4106(a)(3)Subsec. (b)(1)(Q). , added subpar. (Q) and struck out former subpar. (Q) which read as follows: “provides that the State will establish a program to ensure the proper and timely correction of commercial motor vehicle safety violations noted during an inspection carried out with funds authorized under section 31104;”.
Pub. L. 109–59, § 4106(a)(4)Subsec. (b)(1)(R). , aligned margins.
Pub. L. 109–59, § 4106(a)(5)Subsec. (b)(1)(U) to (X). –(7), added subpars. (U) to (X).
Pub. L. 109–59, § 4307(b)Subsec. (b)(3). , substituted “paragraph (1)(E)” for “paragraph (1)(D)” in introductory provisions.
Pub. L. 109–59, § 4106(b)(1)Subsec. (c). , added subsec. (c) and struck out heading and text of former subsec. (c). Text read as follows: “A State may use amounts received under a grant under subsection (a) of this section for the following activities if the activities are carried out in conjunction with an appropriate inspection of the commercial motor vehicle to enforce Government or State commercial motor vehicle safety regulations:
“(1) enforcement of commercial motor vehicle size and weight limitations at locations other than fixed weight facilities, at specific locations such as steep grades or mountainous terrains where the weight of a commercial motor vehicle can significantly affect the safe operation of the vehicle, or at ports where intermodal shipping containers enter and leave the United States.
21 U.S.C. 802“(2) detection of the unlawful presence of a controlled substance (as defined under section 102 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 ()) in a commercial motor vehicle or on the person of any occupant (including the operator) of the vehicle.
“(3) enforcement of State traffic laws and regulations designed to promote the safe operation of commercial motor vehicles.”
Pub. L. 109–59, § 4106(b)(2)Subsec. (e). , added subsec. (e).
Pub. L. 106–159, § 207(1)1999—Subsec. (b)(1)(A). , realigned subpar. (A) margins.
Pub. L. 106–159, § 207(2)Subsec. (b)(1)(R). , added subpar. (R) and struck out former subpar. (R) which read as follows: “ensures that the State will cooperate in the enforcement of registration and financial responsibility requirements under sections 31138 and 31139, or regulations issued thereunder;”.
Pub. L. 105–178, § 4003(b)(1)1998—Subsec. (a). , inserted “improving motor carrier safety and” after “implementation of programs for” and “, hazardous materials transportation safety,” after “commercial motor vehicle safety”.
Pub. L. 105–178, § 4003(b)(2)Subsec. (b)(1). , in introductory provisions, substituted “assume responsibility for improving motor carrier safety and to adopt and enforce” for “adopt and assume responsibility for enforcing” and inserted “, hazardous materials transportation safety,” after “commercial motor vehicle safety”.
Pub. L. 105–178, § 4003(c)(6)Subsec. (b)(1)(A) to (I). , (7), added subpar. (A) and redesignated former subpars. (A) to (H) as (B) to (I), respectively. Former subpar. (I) redesignated (J).
Pub. L. 105–178, § 4003(c)(6)Subsec. (b)(1)(J). , redesignated subpar. (I) as (J). Former subpar. (J) redesignated (K).
Pub. L. 105–178, § 4003(c)(1), substituted “subsection (c)(1)” for “subsection (c)”.
Pub. L. 105–178, § 4003(c)(6)Subsec. (b)(1)(K) to (M). , redesignated subpars. (J) to (L) as (K) to (M), respectively. Former subpar. (M) redesignated (N).
Pub. L. 105–178, § 4003(c)(2), added subpars. (K) to (M) and struck out former subpars. (K) to (M) which read as follows:
“(K) ensures that fines imposed and collected by the State for violations of commercial motor vehicle safety regulations will be reasonable and appropriate and that, to the maximum extent practicable, the State will attempt to implement the recommended fine schedule published by the Commercial Vehicle Safety Alliance;
section 402 of title 23“(L) ensures that the State agency will coordinate the plan prepared under this section with the State highway safety plan under ;
“(M) ensures participation by the 48 contiguous States in SAFETYNET not later than ;”.
Pub. L. 105–178, § 4003(c)(6)Subsec. (b)(1)(N). , redesignated subpar. (M) as (N). Former subpar. (N) redesignated (O).
Pub. L. 105–178, § 4003(c)(6)Subsec. (b)(1)(O). , redesignated subpar. (N) as (O). Former subpar. (O) redesignated (P).
Pub. L. 105–178, § 4003(c)(3), inserted “in support of national priorities and performance goals, including” after “activities” in introductory provisions, substituted “activities aimed at removing” for “to remove” in cl. (i), substituted “activities aimed at providing” for “to provide” and inserted “and” after semicolon in cl. (ii), added cl. (iii), and struck out former cls. (iii) and (iv) which read as follows:
“(iii) to promote enforcement of the requirements related to the licensing of commercial motor vehicle drivers, including checking the status of commercial drivers’ licenses; and
“(iv) to improve enforcement of hazardous material transportation regulations by encouraging more inspections of shipper facilities affecting highway transportation and more comprehensive inspection of the loads of commercial motor vehicles transporting hazardous material;”.
Pub. L. 105–178, § 4003(c)(6)Subsec. (b)(1)(P). , redesignated subpar. (O) as (P). Former subpar. (P) redesignated (Q).
Pub. L. 105–178, § 4003(c)(4), added subpar. (P) and struck out former subpar. (P) which read as follows: “provides satisfactory assurances that the State will promote effective—
“(i) interdiction activities affecting the transportation of controlled substances by commercial motor vehicle drivers and training on appropriate strategies for carrying out those interdiction activities; and
“(ii) use of trained and qualified officers and employees of political subdivisions and local governments, under the supervision and direction of the State motor vehicle safety agency, in the enforcement of regulations affecting commercial motor vehicle safety and hazardous material transportation safety; and”.
Pub. L. 105–178, § 4003(c)(6)Subsec. (b)(1)(Q). , redesignated subpar. (P) as (Q). Former subpar. (Q) redesignated (R).
Pub. L. 105–178, § 4003(c)(5)(A), substituted “sections 31138 and 31139” for “sections 31140 and 31146”.
Pub. L. 105–178, § 4003(c)(6)Subsec. (b)(1)(R). , redesignated subpar. (Q) as (R).
Pub. L. 105–178, § 4003(c)(5)(B)Subsec. (b)(1)(S), (T). , (8), added subpars. (S) and (T).
Pub. L. 104–881995—Subsec. (b)(1)(Q). added subpar. (Q).
Statutory Notes and Related Subsidiaries
Effective Date of 2015 Amendment
Pub. L. 114–94, div. A, title V, § 5101(f)129 Stat. 1526
Effective Date of 2012 Amendment
Pub. L. 112–141section 3(a) of Pub. L. 112–141section 101 of Title 23Amendment by effective , see , set out as an Effective and Termination Dates of 2012 Amendment note under , Highways.
Effective Date of 1995 Amendment
Pub. L. 104–88section 2 of Pub. L. 104–88section 1301 of this titleAmendment by effective , see , set out as an Effective Date note under .
Report on Human Trafficking Violations Involving Commercial Motor Vehicles
Pub. L. 117–58, div. B, title III, § 23020135 Stat. 777
Relief for Recipients of Financial Assistance Awards for Fiscal Years 2019 and 2020
Pub. L. 116–260, div. N, title IV, § 441134 Stat. 2068
Definition of Secretary .—
Relief for Recipients of Financial Assistance Awarded for Fiscal Years 2019 and 2020.—
In general .—
Applicability.—
Amounts awarded for fiscal years 2019 and 2020 .—
Amounts awarded for other years .—
Transition
Pub. L. 114–94, div. A, title V, § 5101(g)129 Stat. 1526
Motor Carrier Safety Assistance Program Allocation
Pub. L. 114–94, div. A, title V, § 5106129 Stat. 1530Pub. L. 117–286, § 4(a)(310)136 Stat. 4340
Working Group.—
Establishment .—
Membership.—
In general .—
Composition .—
New allocation formula .—
Recommendation .—
Exemption .—
Publication .—
Notice of Proposed Rulemaking .—
Basis for Formula .—
Funding Amounts Prior to Development of New Allocation Formula.—
Interim formula .—
Adjustments .—
Immediate relief .—
Future withholdings .—
Termination of Working Group .—
Maintenance of Effort Calculation
Pub. L. 114–94, div. A, title V, § 5107129 Stat. 1532
Before New Allocation Formula.—
Fiscal year 2017 .—
Subsequent fiscal years .—
Beginning With New Allocation Formation.—
In general .—
Adjustment methodology .—
Maintenance of effort amount.—
In general .—
Deadline .—
Maintenance of effort described .—
Termination of Effectiveness .—
Relationship to Other Laws
Pub. L. 109–59section 4302 of Pub. L. 109–59section 13902 of this titleExcept as provided in sections 14504, 14504a, and 14506 of this title, subtitle C (§§ 4301–4308) of title IV of is not intended to prohibit any State or any political subdivision of any State from enacting, imposing, or enforcing any law or regulation with respect to a motor carrier, motor private carrier, broker, freight forwarder, or leasing company that is not otherwise prohibited by law, see , set out as a note under .
Maintenance of Effort
Pub. L. 106–159, title I, § 103(c)113 Stat. 1753Pub. L. 114–94, div. A, title V, § 5101(e)(8)129 Stat. 1525, , , which related to maintenance of effort as condition on grants to States, was repealed by , , , effective .
State Compliance With CDL Requirements
Pub. L. 106–159, title I, § 103(e)113 Stat. 1754Pub. L. 114–94, div. A, title V, § 5101(e)(9)129 Stat. 1525, , , which related to State compliance with CDL requirements and withholding of funds for noncompliance, was repealed by , , , effective .
Effects of MCSAP Grant Reductions
Pub. L. 105–178, title IV, § 4032112 Stat. 419section 31103 of this title, , , required the Secretary of Transportation to conduct a study and submit a report not later than two years after , on the effects of reductions of grants under this section and authorized the Secretary to adjust State allocations under based on the study.