Decertification authority

  1. Law
  2. USC 49
  3. Transportation
  4. MOTOR VEHICLE AND DRIVER PROGRAMS
  5. COMMERCIAL
  6. COMMERCIAL MOTOR VEHICLE OPERATORS
  7. Decertification authority

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§31312. Decertification authority

(a) In General.-If the Secretary of Transportation determines that a State is in substantial noncompliance with this chapter, the Secretary shall issue an order to-

(1) prohibit that State from carrying out licensing procedures under this chapter; and

(2) prohibit that State from issuing any commercial driver's licenses until such time the Secretary determines such State is in substantial compliance with this chapter.


(b) Effect on Other States.-A State (other than a State subject to an order under subsection (a)) may issue a non-resident commercial driver's license to an individual domiciled in a State that is prohibited from such activities under subsection (a) if that individual meets all requirements of this chapter and the nonresident licensing requirements of the issuing State.

(c) Previously Issued Licenses.-Nothing in this section shall be construed as invalidating or otherwise affecting commercial driver's licenses issued by a State before the date of issuance of an order under subsection (a) with respect to the State.

(Added Pub. L. 106–159, title II, §203(a), Dec. 9, 1999, 113 Stat. 1762 .)

Prior Provisions

A prior section 31312, Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1025 , related to grants for testing and ensuring the fitness of operators of commercial motor vehicles, prior to repeal by Pub. L. 105–178, title IV, §4011(f), June 9, 1998, 112 Stat. 408 .


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