
05-08-2005, 05:13 PM
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The Outta Commissiona
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Join Date: Oct 2004
Location: Florida Republic
Posts: 5,417
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Commercial Vehicle Programs - U.S. Grants to States
It all Starts Here:
TITLE 49 Sec. 31102. - Grants to States
SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS
PART B - COMMERCIAL
CHAPTER 311 - COMMERCIAL MOTOR VEHICLE SAFETY
SUBCHAPTER I - GENERAL AUTHORITY AND STATE GRANTS
- (b) State Plan Procedures and Contents. -
(1)The Secretary shall prescribe procedures for a State to submit a plan . . . The Secretary shall approve the plan . . and the plan -
(B)
designates the State motor vehicle safety agency responsible for administering the plan throughout the State;
(C)
contains satisfactory assurances the agency has or will have the legal authority, resources, and qualified personnel necessary to enforce the regulations, standards, and orders; That is just for context, you really need to read the whole section to understand the regulatory scheme
Last edited by weishaupt1776 : 05-16-2008 at 08:26 AM.
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05-23-2005, 08:24 AM
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The Outta Commissiona
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Join Date: Oct 2004
Location: Florida Republic
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Layout-not complete
TITLE 49 - TRANSPORTATION
SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS
PART A - GENERAL
CHAPTER 301 - MOTOR VEHICLE SAFETY
SUBCHAPTER I - GENERAL
Statutes -----------------------------------------------Implementing Regs(CFR)
Section 30101. Purpose And Policy -------------------------NONE
Section 30102. Definitions -----------------------49 Parts 554, 573, 577, 579
Section 30103. Relationship To Other Laws------49 Parts 554, 573, 577, 579
49 Part 553 (this one looks big time)
Section 30104. Authorization Of Appropriations
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
Statutes -----------------------------------------------Implementing Regs(CFR)
Section 31100. Purpose------------------------------49 Part 350
Section 31101. Definitions---------------------------49 Part 350, 355, 389, 29 Part 1978
Section 31102. Grants To States (BIG TIME!!!)---------------------49 Part 350
Section 31103. United States Government'S Share Of Costs-----------49 Part 350
Section 31104. Availability Of Amounts---------------------49 Part 350
Section 31105. Employee Protections------------------------49 Part 350
Section 31106. Information Systems
Section 31107. Contract Authority Funding For Information Systems
Section 31108. Authorization Of Appropriations----------------49 Part 350
TITLE 49 - TRANSPORTATION
SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAM
PART B - COMMERCIAL
CHAPTER 311 - COMMERCIAL MOTOR VEHICLE SAFETY
SUBCHAPTER III - SAFETY REGULATION
Statutes -----------------------------------------------Implementing Regs(CFR)
Section 31131. Purposes And Findings
Section 31132. Definitions...............................................49 Part 398
Section 31133. General Powers Of The Secretary Of Transportation---------......................49 Parts 380, 382, 391, 390, 395, 396, 49 Part 398
Section 31134. Repealed. Pub. L. 105-178, Title Iv, Sec. 4008(C), June 9, 1998, 112 Stat. 404
Section 31135. Duties Of Employers And Employees
Section 31136. United States Government Regulations------------------------49 Part 350, 380, 381, 382, 383, 384(BIG TIME!!!), 385, 391, 390, 392394
[Reserved] 395, 396, 49 Part 398
Section 31137. Monitoring Device And Brake Maintenance Regulations
Section 31138. Minimum Financial Responsibility For Transporting Passengers (INTERESTING) ------------------------49 Parts 365, 387(HMMmmm), 389
Section 31139. Minimum Financial Responsibility For Transporting Property
----------387(HMMmmm), 389
Section 31140. Repealed. Pub. L. 105-178, Title Iv, Sec. 4008(D), June 9, 1998, 112 Stat. 404
Section 31141. Review And Preemption Of State Laws And Regulations ------------ 4p Part 350
Section 31142. Inspection Of Vehicles
Section 31143. Investigating Complaints And Protecting Complainants
Section 31144. Safety Fitness Of Owners And Operators
49 Parts 365, 385
Section 31145. Coordination Of Governmental Activities And Paperwork
Last edited by weishaupt1776 : 06-01-2005 at 11:38 AM.
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05-23-2005, 12:28 PM
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The Outta Commissiona
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Join Date: Oct 2004
Location: Florida Republic
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Section 31146. Relationship To Other Laws
Section 31147. Limitations On Authority
Section 31148. Certified Motor Carrier Safety Auditors------------------49 Part 385
United States Code
TITLE 49 - TRANSPORTATION
SUBTITLE IV - INTERSTATE TRANSPORTATION
PART B - MOTOR CARRIERS, WATER CARRIERS, BROKERS, AND FREIGHT FORWARDERS
CHAPTER 133 - ADMINISTRATIVE PROVISIONS
Section 13301. Powers ----------------------------- 49 Parts 356, 365, 367(GOOD ONE)!!, 368, 370, 371, 373, 374, 375, 376, 377, 379, 387, 390, 49 Part 398, 1003, 1013, 1039
Section 13302. Intervention
Section 13303. Service Of Notice In Proceedings------------------------ 49 Part 366
Section 13304. Service Of Process In Court Proceedings ------------------------ 49 Part 366
These look kinda cool
49 USC Sec. 31301 -- 49 Parts 382--384, 386, 389
49 USC Sec. 13501 ------------------------- 49 CFR 386 ..49 Parts 371, 1182
http://www.washingtonwatchdog.org/do...383.html#383.5
Last edited by weishaupt1776 : 08-20-2005 at 01:05 PM.
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06-01-2005, 10:40 AM
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The Outta Commissiona
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Join Date: Oct 2004
Location: Florida Republic
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A little history
In 1924 the Secretary of Commerce, Herbert Hoover, called a National
Conference on Street and Highway Safety, attended by representatives
from every State. This conference appointed a committee on
uniformity of traffic laws. This committee prepared the original
text of the Uniform Vehicle Code, which was approved in 1926 at the
meeting of the Second National Conference on Street and Highway
Safety.
The National Conference of Commissioners on Uniform State Laws
participated to a large extent in the drafting of the text of the
Uniform Code, which was approved by the Commissioners and by the
American Bar Association.
The National Conference on Street and Highway Safety reviewed and
revised the text of the Code in 1930 and 1934. Both the original
text and the revisions were based upon studies of then existing
State traffic laws and it was the endeavor of the committee to
assemble from such State laws the most appropriate and desirable
regulations.
A report of the Committee on Laws and Ordinances of The President's
Highway Safety Conference in 1946 reviews the history of the Uniform
Vehicle Code and the extent to which it has been adopted throughout
the United States. Said Code was revised in the years 1938, 1944,
1948 and 1950.
During a long period the Uniform Code was divided into five acts,
entitled as follows:
Act I-Uniform Motor-Vehicle Administration, Registration,
Certificate of Title, and Antitheft Act.
Act II-Uniform Motor-Vehicle Operators' and Chauffeurs' License Act.
Act III-Uniform Motor-Vehicle Civil Liability Act.
Act IV-Uniform Motor-Vehicle Safety Responsibility Act.
Act V-Uniform Act Regulating Traffic on Highways.
The National Committee on Uniform Traffic Laws and Ordinances, in
the year 1954, consolidated the several acts as listed above into
one text, entitled "The Uniform Vehicle Code."
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06-01-2005, 08:19 PM
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The Outta Commissiona
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Join Date: Oct 2004
Location: Florida Republic
Posts: 5,417
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US v. Lopez in quoting MARYLAND v. WIRTZ, 392 U.S. 183 (1968)
"[n]either here nor in Wickard has the Court declared that Congress may use a relatively trivial impact on commerce as an excuse for broad general regulation of state or private activities," id., at 197, n. 27. Rather, "[t]he Court has said only that where a general regulatory statute bears a substantial relation to commerce, the de minimis character of individual instances arising under that statute is of no consequence."
Consistent with this structure, we have identified three broad categories of activity that Congress may regulate under its commerce power. Perez v. United States, supra, at 150; see also Hodel v. Virginia Surface Mining & Reclamation Assn., supra, at 276-277. First, Congress may regulate the use of the channels of interstate commerce. See, e.g., Darby, 312 U.S., at 114 ; Heart of Atlanta Motel, supra, at 256 ("`[T]he authority of Congress to keep the channels of interstate commerce free from immoral and injurious uses has been frequently sustained, and is no longer open to question.'" (quoting Caminetti v. United States, 242 U.S. 470, 491 (1917)). Second, Congress is empowered to regulate and protect the instrumentalities of interstate commerce, or persons or things in interstate commerce, even though the threat may come only from intrastate activities. See, e.g., Shreveport Rate Cases, 234 U.S. 342 (1914); Southern R. Co. v. United States, 222 U.S. 20 (1911) (upholding amendments to Safety Appliance Act as applied to vehicles used in intrastate commerce); Perez, supra, at 150 ("[F]or example, the destruction of an aircraft (18 U.S.C. 32), or . . . thefts from interstate shipments (18 U.S.C. 659)"). Finally, Congress' commerce authority includes the power to regulate those [ UNITED STATES v. LOPEZ, ___ U.S. ___ (1995) , 10]** activities having a substantial relation to interstate commerce, Jones & Laughlin Steel, 301 U.S., at 37 , i.e., those activities that substantially affect interstate commerce. Wirtz, supra, at 196, n. 27.
US v. Lopez
http://laws.findlaw.com/us/000/u10287.html
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12-28-2005, 04:13 PM
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The Outta Commissiona
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01-04-2006, 03:40 PM
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The Outta Commissiona
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Join Date: Oct 2004
Location: Florida Republic
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Hmmmm. attached is
A Guide To Federal-Aid Programs And Projects
there is some great information about Federally-funded Uniform Highway Safety Programs at the Federal HighWay Administration website [lots of digging in USC and CFRs required]:
http://www.fhwa.dot.gov/programadmin/proggd2.pdf [view pages 75,76 as
numbered in the text, not in the PDF server].
This seems to be part of the Federal-State Transportation Plan; it
looks to me like funding for safety enFORCEment.
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03-18-2007, 11:42 PM
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Banned User
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Join Date: Apr 2006
Location: Freedom. some call Cal.
Posts: 2,330
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Someone should have got that to the marijuana guys from California before they lost their case.
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