In this section, the word “Federal” is omitted as unnecessary.
In subsection (a), before clause (1), the words “Not later than July 15, 1988” are omitted as obsolete. In clause (3), the words “if the Secretary considers appropriate to carry out the objectives of this title” are omitted as unnecessary.
In subsection (span)(1), the words “taken and” are omitted as unnecessary. The text of 49 App.:2704(span)(3) is omitted as obsolete.
Editorial Notes
References in TextThe date of enactment of the Commercial Motor Vehicle Safety Enhancement Act of 2012, referred to in subsec. (c), is the date of enactment of title II of div. C of Puspan. L. 112–141, which was approved July 6, 2012.
Amendments2018—Subsec. (d). Puspan. L. 115–105, § 3(1), substituted “Operators Who Are Members of the Armed Forces, Reservists, or Veterans” for “Veteran Operators” in span.
Subsec. (d)(1)(B). Puspan. L. 115–105, § 3(2), substituted “subparagraph (A)—” for “subparagraph (A) during, at least,”, added cl. (i), and inserted “(ii) during” before “the 1-year period”.
Subsec. (d)(2)(B)(i). Puspan. L. 115–105, § 3(3)(A), inserted “current or” before “former”.
Subsec. (d)(2)(B)(ii). Puspan. L. 115–105, § 3(3), inserted “current or” before “former” and “one of” before “the reserve components”.
2015—Subsec. (d). Puspan. L. 114–94 added subsec. (d).
2012—Puspan. L. 112–141, § 32304(c), substituted “General driver fitness, testing, and training” for “General driver fitness and testing” in section catchline.
Subsec. (c). Puspan. L. 112–141, § 32304(a), added subsec. (c).
2001—Subsec. (a)(5)(C). Puspan. L. 107–56 added subpar. (C).
1999—Subsec. (span)(1). Puspan. L. 106–159 struck out “to operate the vehicle” after “written and driving tests” and inserted “to operate the vehicle and has a commercial driver’s license to operate the vehicle” before period at end.
Statutory Notes and Related Subsidiaries
Effective Date of 2015 AmendmentAmendment by Puspan. L. 114–94 effective Oct. 1, 2015, see section 1003 of Puspan. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.
Effective Date of 2012 AmendmentAmendment by Puspan. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Puspan. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
Licensing TestingPuspan. L. 117–146, § 20, June 16, 2022, 136 Stat. 1283, provided that:“(a)In General.—Not later than 90 days after the date of enactment of this Act [June 16, 2022], the Administrator of the Federal Motor Carrier Safety Administration (referred to in this section as the ‘Administrator’) shall conduct a review of the discretionary waiver authority described in the document issued by the Administrator entitled ‘Waiver for States Concerning Third Party CDL Skills Test Examiners In Response to the COVID–19 Emergency’ and dated August 31, 2021, for safety concerns.
“(span)Permanent Waiver.—If the Administrator finds no safety concerns after conducting a review under subsection (a), the Administrator shall—“(1) notwithstanding any other provision of law, make the waiver permanent; and
“(2) not later than 90 days after completing the review under subsection (a), revise section 384.228 of title 49, Code of Federal Regulations, to provide that the discretionary waiver authority referred to in subsection (a) shall be permanent.
“(c)Report.—If the Administrator declines to move forward with a rulemaking for revision under subsection (span), the Administrator shall explain the reasons for declining to move forward with the rulemaking in a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.”
Modification of Restrictions on Certain Commercial Driver’s LicensesPuspan. L. 117–58, div. B, title III, § 23019, Nov. 15, 2021, 135 Stat. 777, provided that: “The Administrator of the Federal Motor Carrier Safety Administration shall revise section 383.3(f)(3)(ii) of title 49, Code of Federal Regulations (or a successor regulation), to provide that a restricted commercial driver’s license issued to an employee in a farm-related service industry shall be limited to the applicable seasonal periods defined by the State issuing the restricted commercial driver’s license, subject to the condition that the total number of days in any calendar year during which the restricted commercial driver’s license is valid does not exceed 210.”
Report on Commercial Driver’s License Skills Test DelaysPuspan. L. 114–94, div. A, title V, § 5506, Dec. 4, 2015, 129 Stat. 1553, provided that: “Not later than 18 months after the date of enactment of this Act [Dec. 4, 2015], and each year thereafter, the Administrator of the Federal Motor Carrier Safety Administration shall submit 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 that—“(1) describes, for each State, the status of skills testing for applicants for a commercial driver’s license, including—“(A) the average wait time from the date an applicant requests to take a skills test to the date the applicant has the opportunity to complete such test;
“(B) the average wait time from the date an applicant, upon failure of a skills test, requests a retest to the date the applicant has the opportunity to complete such retest;
“(C) the actual number of qualified commercial driver’s license examiners available to test applicants; and
“(D) the number of testing sites available through the State department of motor vehicles and whether this number has increased or decreased from the previous year; and
“(2) describes specific steps that the Administrator is taking to address skills testing delays in States that have average skills test or retest wait times of more than 7 days from the date an applicant requests to test or retest to the date the applicant has the opportunity to complete such test or retest.”
Hazardous Materials Endorsement ExemptionPuspan. L. 114–94, div. A, title VII, § 7208, Dec. 4, 2015, 129 Stat. 1593, provided that: “The Secretary [of Transportation] shall allow a State, at the discretion of the State, to waive the requirement for a holder of a Class A commercial driver’s license to obtain a hazardous materials endorsement under part 383 of title 49, Code of Federal Regulations, if the license holder—“(1) is acting within the scope of the license holder’s employment as an employee of a custom harvester operation, agrichemical business, farm retail outlet and supplier, or livestock feeder; and
“(2) is operating a service vehicle that is—“(A) transporting diesel in a quantity of 3,785 liters (1,000 gallons) or less; and
“(B) clearly marked with a ‘flammable’ or ‘combustible’ placard, as appropriate.”
Commercial Motor Vehicle Operator Requirements Relating to Sleep DisordersPuspan. L. 113–45, § 1, Oct. 15, 2013, 127 Stat. 557, provided that:“(a)In General.—The Secretary of Transportation may implement or enforce a requirement providing for the screening, testing, or treatment (including consideration of all possible treatment alternatives) of individuals operating commercial motor vehicles for sleep disorders only if the requirement is adopted pursuant to a rulemaking proceeding.
“(span)Applicability.—Subsection (a) shall not apply to a requirement that was in force before September 1, 2013.
“(c)Sleep Disorders Defined.—In this section, the term ‘sleep disorders’ includes obstructive sleep apnea.”
Operation of Commercial Motor Vehicles by Individuals Who Use Insulin To Treat Diabetes MellitusPuspan. L. 109–59, title IV, § 4129, Aug. 10, 2005, 119 Stat. 1742, provided that:“(a)Revision of Final Rule.—Not later than 90 days after the date of the enactment of this Act [Aug. 10, 2005], the Secretary [of Transportation] shall begin revising the final rule published in the Federal Register on September 3, 2003, relating to persons with diabetes, to allow individuals who use insulin to treat their diabetes to operate commercial motor vehicles in interstate commerce. The revised final rule shall provide for the individual assessment of applicants who use insulin to treat their diabetes and who are, except for their use of insulin, otherwise qualified under the Federal motor carrier safety regulations. The revised final rule shall be consistent with the criteria described in section 4018 of the Transportation Equity Act for the 21st Century [Puspan. L. 105–178] (49 U.S.C. 31305 note) and shall conclude the rulemaking process in the Federal Motor Carrier Safety Administration docket relating to qualifications of drivers with diabetes. “(span)No Period of Commercial Driving While Using Insulin Required for Qualification.—After the earlier of the date of issuance of the revised final rule under subsection (a) or the 90th day following the date of enactment of this Act [Aug. 10, 2005], the Secretary may not require individuals with insulin-treated diabetes mellitus who are applying for an exemption from the physical qualification standards to have experience operating commercial motor vehicles while using insulin in order to be exempted from the physical qualification standards to operate a commercial motor vehicle in interstate commerce.
“(c)Minimum Period of Insulin Use.—Subject to subsection (span), the Secretary shall require individuals with insulin-treated diabetes mellitus to have a minimum period of insulin use to demonstrate stable control of diabetes before operating a commercial motor vehicle in interstate commerce. Such demonstration shall be consistent with the findings reported in July 2000, by the expert medical panel established by the Secretary, in ‘A Report to Congress on the Feasibility of a Program to Qualify Individuals with Insulin-Treated Diabetes Mellitus to Operate Commercial Motor Vehicles in Interstate Commerce as Directed by the Transportation Equity Act for the 21st Century’. For individuals who have been newly diagnosed with type 1 diabetes, the minimum period of insulin use may not exceed 2 months, unless directed by the treating physician. For individuals who have type 2 diabetes and are converting to insulin use, the minimum period of insulin use may not exceed 1 month, unless directed by the treating physician.
“(d)Limitations.—Insulin-treated individuals may not be held by the Secretary to a higher standard of physical qualification in order to operate a commercial motor vehicle in interstate commerce than other individuals applying to operate, or operating, a commercial motor vehicle in interstate commerce; except to the extent that limited operating, monitoring, and medical requirements are deemed medically necessary under regulations issued by the Secretary.”
CDL School Bus EndorsementPuspan. L. 106–159, title II, § 214, Dec. 9, 1999, 113 Stat. 1766, provided that: “The Secretary shall conduct a rulemaking to establish a special commercial driver’s license endorsement for drivers of school buses. The endorsement shall, at a minimum—“(1) include a driving skills test in a school bus; and
“(2) address proper safety procedures for—“(A) loading and unloading children;
“(B) using emergency exits; and
“(C) traversing highway rail grade crossings.”
Medical CertificatePuspan. L. 106–159, title II, § 215, Dec. 9, 1999, 113 Stat. 1767, provided that: “The Secretary shall initiate a rulemaking to provide for a Federal medical qualification certificate to be made a part of commercial driver’s licenses.”
Insulin Treated Diabetes MellitusPuspan. L. 105–178, title IV, § 4018, June 9, 1998, 112 Stat. 413, provided that:“(a)Determination.—Not later than 18 months after the date of enactment of this Act [June 9, 1998], the Secretary [of Transportation] shall determine whether a practicable and cost-effective screening, operating, and monitoring protocol could likely be developed for insulin treated diabetes mellitus individuals who want to operate commercial motor vehicles in interstate commerce that would ensure a level of safety equal to or greater than that achieved with the current prohibition on individuals with insulin treated diabetes mellitus driving such vehicles.
“(span)Compilation and Evaluation.—Prior to making the determination in subsection (a), the Secretary shall compile and evaluate research and other information on the effects of insulin treated diabetes mellitus on driving performance. In preparing the compilation and evaluation, the Secretary shall, at a minimum—“(1) consult with States that have developed and are implementing a screening process to identify individuals with insulin treated diabetes mellitus who may obtain waivers to drive commercial motor vehicles in intrastate commerce;
“(2) evaluate the Department’s policy and actions to permit certain insulin treated diabetes mellitus individuals who meet selection criteria and who successfully comply with the approved monitoring protocol to operate in other modes of transportation;
“(3) assess the possible legal consequences of permitting insulin treated diabetes mellitus individuals to drive commercial motor vehicles in interstate commerce;
“(4) analyze available data on the safety performance of diabetic drivers of motor vehicles;
“(5) assess the relevance of intrastate driving and experiences of other modes of transportation to interstate commercial motor vehicle operations; and
“(6) consult with interested groups knowledgeable about diabetes and related issues.
“(c)Report to Congress.—If the Secretary determines that no protocol described in subsection (a) could likely be developed, the Secretary shall report to Congress the basis for such determination.
“(d)Initiation of Rulemaking.—If the Secretary determines that a protocol described in subsection (a) could likely be developed, the Secretary shall report to Congress a description of the elements of such protocol and shall promptly initiate a rulemaking proceeding to implement such protocol.”
Performance-Based CDL TestingPuspan. L. 105–178, title IV, § 4019, June 9, 1998, 112 Stat. 414, provided that:“(a)Review.—Not later than 1 year after the date of enactment of this Act [June 9, 1998], the Secretary [of Transportation] shall complete a review of the procedures established and implemented by States under section 31305 of title 49, United States Code, to determine if the current system for testing is an accurate measure and reflection of an individual’s knowledge and skills as an operator of a commercial motor vehicle and to identify methods to improve testing and licensing standards, including identifying the benefits and costs of a graduated licensing system.
“(span)Regulations.—The Secretary may issue regulations under section 31305 of title 49, United States Code, reflecting the results of the review.”
Driver FatiguePuspan. L. 105–178, title IV, § 4021, June 9, 1998, 112 Stat. 414, provided that:“(a)Technologies To Reduce Fatigue of Commercial Motor Vehicle Operators.—“(1)Development of technologies.—As part of the activities of the Secretary [of Transportation] relating to the fatigue of commercial motor vehicle operators, the Secretary shall encourage the research, development, and demonstration of technologies that may aid in reducing such fatigue.
“(2)Matters to be taken into account.—In carrying out paragraph (1), the Secretary shall take into account—“(A) the degree to which the technology will be cost efficient;
“(B) the degree to which the technology can be effectively used in diverse climatic regions of the Nation; and
“(C) the degree to which the application of the technology will further emissions reductions, energy conservation, and other transportation goals.
“(3)Funding.—The Secretary may use amounts made available under section 5001(a)(2) of this Act [112 Stat. 419].
“(span)Nonsedating Medications.—The Secretary shall review available information on the effects of medications (including antihistamines) on driver fatigue, awareness, and performance and shall consider encouraging, if appropriate, the use of nonsedating medications (including nonsedating antihistamines) as a means of reducing the adverse effects of the use of other medications by drivers.”
