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.