49 U.S.C. § 31311 : US Code - Section 31311: Requirements for State participation

Search 49 U.S.C. § 31311 : US Code - Section 31311: Requirements for State participation

(a) General. - To avoid having amounts withheld from
apportionment under section 31314 of this title, a State shall
comply with the following requirements:
(1) The State shall adopt and carry out a program for testing
and ensuring the fitness of individuals to operate commercial
motor vehicles consistent with the minimum standards prescribed
by the Secretary of Transportation under section 31305(a) of this
title.
(2) The State may issue a commercial driver's license to an
individual only if the individual passes written and driving
tests for the operation of a commercial motor vehicle that comply
with the minimum standards.
(3) The State shall have in effect and enforce a law providing
that an individual with a blood alcohol concentration level at or
above the level established by section 31310(a) of this title
when operating a commercial motor vehicle is deemed to be driving
under the influence of alcohol.
(4) The State shall authorize an individual to operate a
commercial motor vehicle only by issuing a commercial driver's
license containing the information described in section 31308(3)
of this title.(!1)
(5) At least 60 days before issuing a commercial driver's
license (or a shorter period the Secretary prescribes by
regulation), the State shall notify the Secretary or the operator
of the information system under section 31309 of this title, as
the case may be, of the proposed issuance of the license and
other information the Secretary may require to ensure
identification of the individual applying for the license.
(6) Before issuing a commercial driver's license to an
individual or renewing such a license, the State shall request
from any other State that has issued a driver's license to the
individual all information about the driving record of the
individual.
(7) Not later than 30 days after issuing a commercial driver's
license, the State shall notify the Secretary or the operator of
the information system under section 31309 of this title, as the
case may be, of the issuance.
(8) Not later than 10 days after disqualifying the holder of a
commercial driver's license from operating a commercial motor
vehicle (or after revoking, suspending, or canceling the license)
for at least 60 days, the State shall notify the Secretary or the
operator of the information system under section 31309 of this
title, as the case may be, and the State that issued the license,
of the disqualification, revocation, suspension, or cancellation,
and the violation that resulted in the disqualification,
revocation, suspension, or cancellation shall be recorded.
(9) If an individual violates a State or local law on motor
vehicle traffic control (except a parking violation) and the
individual -
(A) has a commercial driver's license issued by another
State; or
(B) is operating a commercial vehicle without a commercial
driver's license and 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 violations not
later than 10 days after the date the individual is found to have
committed the violation.
(10)(A) The State may not issue a commercial driver's license
to an individual during a period in which the individual is
disqualified from operating a commercial motor vehicle or the
individual's driver's license is revoked, suspended, or canceled.
(B) The State may not issue a special license or permit
(including a provisional or temporary license) to an individual
who holds a commercial driver's license that permits the
individual to drive a commercial motor vehicle during a period in
which -
(i) the individual is disqualified from operating a
commercial motor vehicle; or
(ii) the individual's driver's license is revoked, suspended,
or canceled.
(11) The State may issue a commercial driver's license to an
individual who has a commercial driver's license issued by
another State only if the individual first returns the driver's
license issued by the other State.
(12) 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.
(13) The State shall impose penalties consistent with this
chapter that the State considers appropriate and the Secretary
approves for an individual operating a commercial motor vehicle.
(14) The State shall allow an individual to operate a
commercial motor vehicle in the State if -
(A) the individual has a commercial driver's license issued
by another State under the minimum standards prescribed by the
Secretary under section 31305(a) of this title;
(B) the license is not revoked, suspended, or canceled; and
(C) the individual is not disqualified from operating a
commercial motor vehicle.
(15) The State shall disqualify an individual from operating a
commercial motor vehicle for the same reasons and time periods
for which the Secretary shall disqualify the individual under
subsections (b)-(e), (i)(1)(A) and (i)(2) of section 31310.
(16)(A) Before issuing a commercial driver's license to an
individual, the State shall request the Secretary for information
from the National Driver Register maintained under chapter 303 of
this title (after the Secretary decides the Register is
operational) on whether the individual -
(i) has been disqualified from operating a motor vehicle
(except a commercial motor vehicle);
(ii) has had a license (except a license authorizing the
individual to operate a commercial motor vehicle) revoked,
suspended, or canceled for cause in the 3-year period ending on
the date of application for the commercial driver's license; or
(iii) has been convicted of an offense specified in section
30304(a)(3) of this title.
(B) The State shall give full weight and consideration to that
information in deciding whether to issue the individual a
commercial driver's license.
(17) The State shall adopt and enforce regulations prescribed
by the Secretary under as (!2) 31310(j) of this title.
(18) The State shall maintain, as part of its driver
information system, a record of each violation of a State or
local motor vehicle traffic control law while operating a motor
vehicle (except a parking violation) for each individual who
holds a commercial driver's license. The record shall be
available upon request to the individual, the Secretary,
employers, prospective employers, State licensing and law
enforcement agencies, and their authorized agents.
(19) The State shall -
(A) record in the driving record of an individual who has a
commercial driver's license issued by the State; and
(B) make available to all authorized persons and governmental
entities having access to such record,
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.
(20) The State shall revoke, suspend, or cancel the commercial
driver's license of an individual in accordance with regulations
issued by the Secretary to carry out section 31310(g).
(21) By the date established by the Secretary under section
31309(e)(4), the State shall be operating a commercial driver's
license information system that is compatible with the modernized
commercial driver's license information system under section
31309.
(b) State Satisfaction of Requirements. - A State may satisfy the
requirements of subsection (a) of this section that the State
disqualify an individual from operating a commercial motor vehicle
by revoking, suspending, or canceling the driver's license issued
to the individual.
(c) Notification. - Not later than 30 days after being notified
by a State of the proposed issuance of a commercial driver's
license to an individual, the Secretary or the operator of the
information system under section 31309 of this title, as the case
may be, shall notify the State whether the individual has a
commercial driver's license issued by another State or has been
disqualified from operating a commercial motor vehicle by another
State or the Secretary.