Statutes, codes, and regulations
United States Code
Title 49 - TRANSPORTATIONSubtitle VI - MOTOR VEHICLE AND DRIVER PROGRAMSPart B - COMMERCIAL
Chapter 313 - COMMERCIAL MOTOR VEHICLE OPERATORS
Section 31308 - Commercial driver's license

49 U.S.C. § 31308

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Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)
Section 31308 - Commercial driver's license

After consultation with the States, the Secretary of Transportation shall prescribe regulations on minimum uniform standards for the issuance of commercial drivers' licenses and learner's permits by the States and for information to be contained on each of the licenses and permits. The standards shall require at a minimum that-

(1) an individual issued a commercial driver's license-
(A) pass written and driving tests for the operation of a commercial motor vehicle that comply with the minimum standards prescribed by the Secretary under section 31305(a); and
(B) present certification of completion of driver training that meets the requirements established by the Secretary under section 31305(c);
(2) before a commercial driver's license learner's permit may be issued to an individual, the individual must pass a written test, that complies with the minimum standards prescribed by the Secretary under section 31305(a), on the operation of the commercial motor vehicle that the individual will be operating under the permit;
(3) the license or learner's permit be tamperproof to the maximum extent practicable and each license or learner's permit issued after January 1, 2001, include unique identifiers (which may include biometric identifiers) to minimize fraud and duplication; and
(4) the license or learner's permit contain-
(A) the name and address of the individual issued the license or learner's permit and a physical description of the individual;
(B) the social security account number or other number or information the Secretary decides is appropriate to identify the individual;
(C) the class or type of commercial motor vehicle the individual is authorized to operate under the license or learner's permit;
(D) the name of the State that issued the license or learner's permit; and
(E) the dates between which the license or learner's permit is valid.

49 U.S.C. § 31308

Pub. L. 103-272, §1(e), July 5, 1994, 108 Stat. 1020; Pub. L. 105-178, title IV, §4011(c)(1), June 9, 1998, 112 Stat. 407; Pub. L. 109-59, title IV, §4122(2), Aug. 10, 2005, 119 Stat. 1734; Pub. L. 110-244, title III, §301(g), June 6, 2008, 122 Stat. 1616; Pub. L. 112-141, div. C, title II, §32304(b), July 6, 2012, 126 Stat. 791.

HISTORICAL AND REVISION NOTE
Revised SectionSource (U.S. Code)Source (Statutes at Large)
3130849 App.:2705.Oct. 27, 1986,Pub. L. 99-570, §120061986,, 100 Stat. 3207-175.
The words "Not later than July 15, 1988" are omitted as obsolete.

EDITORIAL NOTES

AMENDMENTS2012-Par. (1). Pub. L. 112-141 amended par. (1) generally. Prior to amendment, par. (1) read as follows: "an individual issued a commercial driver's license pass written and driving tests for the operation of a commercial motor vehicle that comply with the minimum standards prescribed by the Secretary under section 31305(a) of this title;".2008- Pub. L. 110-244 amended Pub. L. 109-59, §4122(2)(A). See 2005 Amendment note below. 2005- Pub. L. 109-59, §4122(2)(B), substituted "the licenses and permits" for "the licenses" in introductory provisions. Pub. L. 109-59, §4122(2)(A), as amended by Pub. L. 110-244 inserted "and learner's permits" after "licenses" in introductory provisions. Par. (2). Pub. L. 109-59, §4122(2)(D), added par. (2). Former par. (2) redesignated (3).Pars. (3), (4). Pub. L. 109-59, §4122(2)(C), (E), redesignated pars. (2) and (3) as (3) and (4), respectively, and inserted "or learner's permit" after "license" wherever appearing.1998-Par. (2). Pub. L. 105-178 inserted before semicolon "and each license issued after January 1, 2001, include unique identifiers (which may include biometric identifiers) to minimize fraud and duplication".

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE OF 2012 AMENDMENTAmendment by Pub. L. 112-141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112-141 set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.

EFFECTIVE DATE OF 2008 AMENDMENT Amendment by Pub. L. 110-244 effective as of the date of enactment of Pub. L. 109-59 (Aug. 10, 2005) and to be treated as included in Pub. L. 109-59 as of that date, and provisions of Pub. L. 109-59 as in effect on the day before June 6, 2008, that are amended by Pub. L. 110-244 to be treated as not enacted, see section 121(b) of Pub. L. 110-244 set out as a note under section 101 of Title 23, Highways.

DEADLINE FOR ISSUANCE OF REGULATIONS Pub. L. 105-178, title IV, §4011(c)(2), June 9, 1998, 112 Stat. 407, provided that: "Not later than 180 days after the date of enactment of this Act [June 9, 1998], the Secretary [of Transportation] shall issue regulations to carry out the amendment made by paragraph (1) [amending this section]."

COMMERCIAL LEARNER'S PERMIT FOR INDIVIDUALS UNDER AGE 18 Pub. L. 114-113, div. L, title I, §132, Dec. 18, 2015, 129 Stat. 2850, provided that: "None of the funds limited or otherwise made available under this Act, or any other Act, hereafter, shall be used by the Secretary to enforce any regulation prohibiting a State from issuing a commercial learner's permit to individuals under the age of eighteen if the State had a law authorizing the issuance of commercial learner's permits to individuals under eighteen years of age as of May 9, 2011."

State
"State" means a State of the United States and the District of Columbia.
motor vehicle
"motor vehicle" means a vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power and used on public streets, roads, or highways, but does not include a vehicle, machine, tractor, trailer, or semitrailer operated only on a rail line or custom harvesting farm machinery.