skip navigational links United States Department of Labor
May 9, 2009        
DOL Home > OALJ Home > Whistleblower Collection
DOL Home Surface Transportation Assistance Act, 49 U.S.C. § 31101 (2000) (definitions)


From the U.S. Code Online via GPO Access [wais.access.gpo.gov] [Laws in effect as of January 23, 2000] [Document not affected by Public Laws enacted between January 23, 2000 and December 4, 2001] [CITE: 49USC31101] TITLE 49--TRANSPORTATION SUBTITLE VI--MOTOR VEHICLE AND DRIVER PROGRAMS PART B--COMMERCIAL CHAPTER 311--COMMERCIAL MOTOR VEHICLE SAFETY SUBCHAPTER I--STATE GRANTS AND OTHER COMMERCIAL MOTOR VEHICLE PROGRAMS Sec. 31101. Definitions In this subchapter-- (1) ``commercial motor vehicle'' means (except in section 31106) a self-propelled or towed vehicle used on the highways in commerce principally to transport passengers or cargo, if the vehicle-- (A) has a gross vehicle weight rating or gross vehicle weight of at least 10,001 pounds, whichever is greater; (B) is designed to transport more than 10 passengers including the driver; or (C) is used in transporting material found by the Secretary of Transportation to be hazardous under section 5103 of this title and transported in a quantity requiring placarding under regulations prescribed by the Secretary under section 5103. (2) ``employee'' means a driver of a commercial motor vehicle (including an independent contractor when personally operating a commercial motor vehicle), a mechanic, a freight handler, or an individual not an employer, who-- (A) directly affects commercial motor vehicle safety in the course of employment by a commercial motor carrier; and (B) is not an employee of the United States Government, a State, or a political subdivision of a State acting in the course of employment. (3) ``employer''-- (A) means a person engaged in a business affecting commerce that owns or leases a commercial motor vehicle in connection with that business, or assigns an employee to operate the vehicle in commerce; but (B) does not include the Government, a State, or a political subdivision of a State. (4) ``State'' means a State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands. (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 984; Pub. L. 105- 178, title IV, Sec. 4003(a), June 9, 1998, 112 Stat. 395.) Historical and Revision Notes ---------------------------------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) ---------------------------------------------------------------------------------------------- 31101................................. 49 App.:2301(1), (3)-(6). Jan. 6, 1983, Pub. L. 97-424, Sec. 401(1), (3)-(6), 96 Stat. 2154, 2155. 49 App.:2301(2). Jan. 6, 1983, Pub. L. 97-424, Sec. 401(2), 96 Stat. 2154; Oct. 30, 1984, Pub. L. 98-554, Sec. 228(a), (b), 98 Stat. 2852. ----------------------------------------------------------------------------------------------- Before clause (1), the words ``unless the context otherwise requires'' are omitted as unnecessary. The text of 49 App.:2301(4) is omitted as unnecessary because of 1:1. The text of 49 App.:2301(5) is omitted as surplus because the complete name of the Secretary of Transportation is used the first time the term appears in a section. In clause (1), before subclause (A), the words ``(except in section 31106)'' are added because the source provisions being restated in section 31106 of the revised title contain a definition of ``commercial motor vehicle''. In clause (4), the words ``the Commonwealth of'' are omitted for consistency in the revised title and with other titles of the United States Code. Amendments 1998--Par. (1)(A). Pub. L. 105-178, Sec. 4003(a)(1), inserted ``or gross vehicle weight'' after ``rating'' and substituted ``10,001 pounds, whichever is greater'' for ``10,000 pounds''. Par. (1)(C). Pub. L. 105-178, Sec. 4003(a)(2), inserted ``and transported in a quantity requiring placarding under regulations prescribed by the Secretary under section 5103'' before period at end. Savings Clause Pub. L. 105-178, title IV, Sec. 4003(h), June 9, 1998, 112 Stat. 398, provided that: ``Amendments made by this section [amending this section and sections 31102 to 31104 of this title] shall not affect any funds made available before the date of enactment of this Act [June 9, 1998].''



Phone Numbers