US (United States) Code. Title 49. Subtitle IV: Intersate transportation. Part B. Chapter 139: Registration

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Transportation. Motor and water carriers, brokers and freight forwarders

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-CITE-

49 USC CHAPTER 139 - REGISTRATION 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE IV - INTERSTATE TRANSPORTATION

PART B - MOTOR CARRIERS, WATER CARRIERS, BROKERS, AND FREIGHT

FORWARDERS

CHAPTER 139 - REGISTRATION

-HEAD-

CHAPTER 139 - REGISTRATION

-MISC1-

Sec.

13901. Requirement for registration.

13902. Registration of motor carriers.

13903. Registration of freight forwarders.

13904. Registration of brokers.

13905. Effective periods of registration.

13906. Security of motor carriers, brokers, and freight

forwarders.

13907. Household goods agents.

13908. Registration and other reforms.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 113, 14501, 14504, 14701

of this title; title 15 section 5904.

-End-

-CITE-

49 USC Sec. 13901 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE IV - INTERSTATE TRANSPORTATION

PART B - MOTOR CARRIERS, WATER CARRIERS, BROKERS, AND FREIGHT

FORWARDERS

CHAPTER 139 - REGISTRATION

-HEAD-

Sec. 13901. Requirement for registration

-STATUTE-

A person may provide transportation or service subject to

jurisdiction under subchapter I or III of chapter 135 or be a

broker for transportation subject to jurisdiction under subchapter

I of that chapter, only if the person is registered under this

chapter to provide the transportation or service.

-SOURCE-

(Added Pub. L. 104-88, title I, Sec. 103, Dec. 29, 1995, 109 Stat.

879.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 10921 of this title prior to the general amendment of this

subtitle by Pub. L. 104-88, Sec. 102(a).

EFFECTIVE DATE

Chapter effective Jan. 1, 1996, except as otherwise provided in

Pub. L. 104-88, see section 2 of Pub. L. 104-88, set out as a note

under section 701 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 14707, 14901 of this

title.

-End-

-CITE-

49 USC Sec. 13902 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE IV - INTERSTATE TRANSPORTATION

PART B - MOTOR CARRIERS, WATER CARRIERS, BROKERS, AND FREIGHT

FORWARDERS

CHAPTER 139 - REGISTRATION

-HEAD-

Sec. 13902. Registration of motor carriers

-STATUTE-

(a) Motor Carrier Generally. -

(1) In general. - Except as provided in this section, the

Secretary shall register a person to provide transportation

subject to jurisdiction under subchapter I of chapter 135 of this

title as a motor carrier if the Secretary finds that the person

is willing and able to comply with -

(A) this part and the applicable regulations of the Secretary

and the Board;

(B) any safety regulations imposed by the Secretary and the

safety fitness requirements established by the Secretary under

section 31144; and

(C) the minimum financial responsibility requirements

established by the Secretary pursuant to sections 13906 and

31138.

(2) Consideration of evidence; findings. - The Secretary shall

consider and, to the extent applicable, make findings on, any

evidence demonstrating that the registrant is unable to comply

with the requirements of subparagraph (A), (B), or (C) of

paragraph (1).

(3) Withholding. - If the Secretary determines that any

registrant under this section does not meet the requirements of

paragraph (1), the Secretary shall withhold registration.

(4) Limitation on complaints. - The Secretary may hear a

complaint from any person concerning a registration under this

subsection only on the ground that the registrant fails or will

fail to comply with this part, the applicable regulations of the

Secretary and the Board, the safety regulations of the Secretary,

or the safety fitness or minimum financial responsibility

requirements of paragraph (1) of this subsection.

(b) Motor Carriers of Passengers. -

(1) Registration of private recipients of governmental

assistance. - The Secretary shall register under subsection

(a)(1) a private recipient of governmental assistance to provide

special or charter transportation subject to jurisdiction under

subchapter I of chapter 135 as a motor carrier of passengers if

the Secretary finds that the recipient meets the requirements of

subsection (a)(1), unless the Secretary finds, on the basis of

evidence presented by any person objecting to the registration,

that the transportation to be provided pursuant to the

registration is not in the public interest.

(2) Registration of public recipients of governmental

assistance. -

(A) Charter transportation. - The Secretary shall register

under subsection (a)(1) a public recipient of governmental

assistance to provide special or charter transportation subject

to jurisdiction under subchapter I of chapter 135 as a motor

carrier of passengers if the Secretary finds that -

(i) the recipient meets the requirements of subsection

(a)(1); and

(ii)(I) no motor carrier of passengers (other than a motor

carrier of passengers which is a public recipient of

governmental assistance) is providing, or is willing to

provide, the transportation; or

(II) the transportation is to be provided entirely in the

area in which the public recipient provides regularly

scheduled mass transportation services.

(B) Regular-route transportation. - The Secretary shall

register under subsection (a)(1) a public recipient of

governmental assistance to provide regular-route transportation

subject to jurisdiction under subchapter I of chapter 135 as a

motor carrier of passengers if the Secretary finds that the

recipient meets the requirements of subsection (a)(1), unless

the Secretary finds, on the basis of evidence presented by any

person objecting to the registration, that the transportation

to be provided pursuant to the registration is not in the

public interest.

(C) Treatment of certain public recipients. - Any public

recipient of governmental assistance which is providing or

seeking to provide transportation of passengers subject to

jurisdiction under subchapter I of chapter 135 shall, for

purposes of this part, be treated as a person which is

providing or seeking to provide transportation of passengers

subject to such jurisdiction.

(3) Intrastate transportation by interstate carriers. - A motor

carrier of passengers that is registered by the Secretary under

subsection (a) is authorized to provide regular-route

transportation entirely in one State as a motor carrier of

passengers if such intrastate transportation is to be provided on

a route over which the carrier provides interstate transportation

of passengers.

(4) Preemption of state regulation regarding certain service. -

No State or political subdivision thereof and no interstate

agency or other political agency of 2 or more States shall enact

or enforce any law, rule, regulation, standard or other provision

having the force and effect of law relating to the provision of

pickup and delivery of express packages, newspapers, or mail in a

commercial zone if the shipment has had or will have a prior or

subsequent movement by bus in intrastate commerce and, if a city

within the commercial zone, is served by a motor carrier of

passengers providing regular-route transportation of passengers

subject to jurisdiction under subchapter I of chapter 135.

(5) Jurisdiction over certain intrastate transportation. -

Subject to section 14501(a), any intrastate transportation

authorized by this subsection shall be treated as transportation

subject to jurisdiction under subchapter I of chapter 135 until

such time as the carrier takes such action as is necessary to

establish under the laws of such State rates, rules, and

practices applicable to such transportation, but in no case later

than the 30th day following the date on which the motor carrier

of passengers first begins providing transportation entirely in

one State under this paragraph.

(6) Special operations. - This subsection shall not apply to

any regular-route transportation of passengers provided entirely

in one State which is in the nature of a special operation.

(7) Suspension or revocation. - Intrastate transportation

authorized under this subsection may be suspended or revoked by

the Secretary under section 13905 of this title at any time.

(8) Definitions. - In this subsection, the following

definitions apply:

(A) Public recipient of governmental assistance. - The term

"public recipient of governmental assistance" means -

(i) any State,

(ii) any municipality or other political subdivision of a

State,

(iii) any public agency or instrumentality of one or more

States and municipalities and political subdivisions of a

State,

(iv) any Indian tribe, and

(v) any corporation, board, or other person owned or

controlled by any entity described in clause (i), (ii),

(iii), or (iv),

which before, on, or after January 1, 1996, received

governmental assistance for the purchase or operation of any

bus.

(B) Private recipient of government assistance. - The term

"private recipient of government assistance" means any person

(other than a person described in subparagraph (A)) who before,

on, or after January 1, 1996, received governmental financial

assistance in the form of a subsidy for the purchase, lease, or

operation of any bus.

(c) Restrictions on Motor Carriers Domiciled in or Owned or

Controlled by Nationals of a Contiguous Foreign Country. -

(1) Prevention of discriminatory practices. - If the President,

or the delegate thereof, determines that an act, policy, or

practice of a foreign country contiguous to the United States, or

any political subdivision or any instrumentality of any such

country is unreasonable or discriminatory and burdens or

restricts United States transportation companies providing, or

seeking to provide, motor carrier transportation to, from, or

within such foreign country, the President or such delegate may -

(A) seek elimination of such practices through consultations;

or

(B) notwithstanding any other provision of law, suspend,

modify, amend, condition, or restrict operations, including

geographical restriction of operations, in the United States by

motor carriers of property or passengers domiciled in such

foreign country or owned or controlled by persons of such

foreign country.

(2) Equalization of treatment. - Any action taken under

paragraph (1)(A) to eliminate an act, policy, or practice shall

be so devised so as to equal to the extent possible the burdens

or restrictions imposed by such foreign country on United States

transportation companies.

(3) Removal or modification. - The President, or the delegate

thereof, may remove or modify in whole or in part any action

taken under paragraph (1)(A) if the President or such delegate

determines that such removal or modification is consistent with

the obligations of the United States under a trade agreement or

with United States transportation policy.

(4) Protection of existing operations. - Unless and until the

President, or the delegate thereof, makes a determination under

paragraph (1) or (3), nothing in this subsection shall affect -

(A) operations of motor carriers of property or passengers

domiciled in any contiguous foreign country or owned or

controlled by persons of any contiguous foreign country

permitted in the commercial zones along the United

States-Mexico border as such zones were defined on December 31,

1995; or

(B) any existing restrictions on operations of motor carriers

of property or passengers domiciled in any contiguous foreign

country or owned or controlled by persons of any contiguous

foreign country or any modifications thereof pursuant to

section 6 of the Bus Regulatory Reform Act of 1982.

(5) Publication; comment. - Unless the President, or the

delegate thereof, determines that expeditious action is required,

the President shall publish in the Federal Register any

determination under paragraph (1) or (3), together with a

description of the facts on which such a determination is based

and any proposed action to be taken pursuant to paragraph (1)(B)

or (3), and provide an opportunity for public comment.

(6) Delegation to secretary. - The President may delegate any

or all authority under this subsection to the Secretary, who

shall consult with other agencies as appropriate. In accordance

with the directions of the President, the Secretary may issue

regulations to enforce this subsection.

(7) Civil actions. - Either the Secretary or the Attorney

General may bring a civil action in an appropriate district court

of the United States to enforce this subsection or a regulation

prescribed or order issued under this subsection. The court may

award appropriate relief, including injunctive relief.

(8) Limitation on statutory construction. - This subsection

shall not be construed as affecting the requirement for all

foreign motor carriers and foreign motor private carriers

operating in the United States to comply with all applicable laws

and regulations pertaining to fitness, safety of operations,

financial responsibility, and taxes imposed by section 4481 of

the Internal Revenue Code of 1986.

(d) Transition Rule. -

(1) In general. - Pending the implementation of the rulemaking

required by section 13908, the Secretary may register a person

under this section -

(A) as a motor common carrier if such person would have been

issued a certificate to provide transportation as a motor

common carrier under this subtitle on December 31, 1995; and

(B) as a motor contract carrier if such person would have

been issued a permit to provide transportation as a motor

contract carrier under this subtitle on such day.

(2) Definitions. - In this subsection, the terms "motor common

carrier" and "motor contract carrier" have the meaning such terms

had under section 10102 as such section was in effect on December

31, 1995.

(e) Penalties for Failure To Comply With Registration

Requirements. - In addition to other penalties available under law,

motor carriers that fail to register their operations as required

by this section or that operate beyond the scope of their

registrations may be subject to the following penalties:

(1) Out-of-service orders. - If, upon inspection or

investigation, the Secretary determines that a motor vehicle

providing transportation requiring registration under this

section is operating without a registration or beyond the scope

of its registration, the Secretary may order the vehicle

out-of-service. Subsequent to the issuance of the out-of-service

order, the Secretary shall provide an opportunity for review in

accordance with section 554 of title 5, United States Code;

except that such review shall occur not later than 10 days after

issuance of such order.

(2) Permission for operations. - A person domiciled in a

country contiguous to the United States with respect to which an

action under subsection (c)(1)(A) or (c)(1)(B) is in effect and

providing transportation for which registration is required under

this section shall maintain evidence of such registration in the

motor vehicle when the person is providing the transportation.

The Secretary shall not permit the operation in interstate

commerce in the United States of any motor vehicle in which there

is not a copy of the registration issued pursuant to this

section.

(f) Motor Carrier Defined. - In this section and sections 13905

and 13906, the term "motor carrier" includes foreign motor private

carriers.

-SOURCE-

(Added Pub. L. 104-88, title I, Sec. 103, Dec. 29, 1995, 109 Stat.

880; amended Pub. L. 104-287, Sec. 5(32), Oct. 11, 1996, 110 Stat.

3391; Pub. L. 106-159, title II, Sec. 205, Dec. 9, 1999, 113 Stat.

1762.)

-MISC1-

HISTORICAL AND REVISION NOTES

PUB. L. 104-287, SEC. 5(32)(A)

This amends 49:13902(b)(8)(A) to correct a grammatical error and

to set out the effective date of 49:13902(b).

PUB. L. 104-287, SEC. 5(32)(B)

This sets out the effective date of 49:13902(b)(8).

PUB. L. 104-287, SEC. 5(32)(C)

This amends 49:13902(c)(4)(A) and (d)(1) and (2) for clarity and

consistency.

-REFTEXT-

REFERENCES IN TEXT

Section 6 of the Bus Regulatory Reform Act of 1982, referred to

in subsec. (c)(4)(B), is section 6 of Pub. L. 97-261, Sept. 20,

1982, 96 Stat. 1103, which amended former sections 10102, 10322,

10521, 10922, and 11711 of this title, section 250 of Title 26,

Internal Revenue Code, and section 5201 of Title 39, Postal

Service.

Section 4481 of the Internal Revenue Code of 1986, referred to in

subsec. (c)(8), is classified to section 4481 of Title 26, Internal

Revenue Code.

Section 10102, referred to in subsec. (d)(2), was omitted and a

new section 10102 enacted in the general amendment of this subtitle

by Pub. L. 104-88, title I, Sec. 102(a), Dec. 29, 1995, 109 Stat.

804, 806, effective Jan. 1, 1996.

-MISC2-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 10922 of this title prior to the general amendment of this

subtitle by Pub. L. 104-88, Sec. 102(a).

AMENDMENTS

1999 - Subsecs. (e), (f). Pub. L. 106-159 added subsec. (e) and

redesignated former subsec. (e) as (f).

1996 - Subsec. (b)(8)(A). Pub. L. 104-287, Sec. 5(32)(A),

inserted "and" after "any Indian tribe," in cl. (iv), struck out

"and" after "clause (i), (ii), (iii), or (iv)," in cl. (v), and

substituted "January 1, 1996," for "the effective date of this

subsection" in concluding provisions.

Subsec. (b)(8)(B). Pub. L. 104-287, Sec. 5(32)(B), substituted

"January 1, 1996," for "the effective date of this paragraph".

Subsecs. (c)(4)(A), (d)(1)(A), (2). Pub. L. 104-287, Sec.

5(32)(C), substituted "December 31, 1995" for "the day before the

effective date of this section".

SAFETY OF CROSS-BORDER TRUCKING BETWEEN UNITED STATES AND MEXICO

Pub. L. 107-87, title III, Sec. 350, Dec. 18, 2001, 115 Stat.

864, provided that:

"(a) No funds limited or appropriated in this Act [see Tables for

classification] may be obligated or expended for the review or

processing of an application by a Mexican motor carrier for

authority to operate beyond United States municipalities and

commercial zones on the United States-Mexico border until the

Federal Motor Carrier Safety Administration -

"(1)(A) requires a safety examination of such motor carrier to

be performed before the carrier is granted conditional operating

authority to operate beyond United States municipalities and

commercial zones on the United States-Mexico border;

"(B) requires the safety examination to include -

"(i) verification of available performance data and safety

management programs;

"(ii) verification of a drug and alcohol testing program

consistent with part 40 of title 49, Code of Federal

Regulations;

"(iii) verification of that motor carrier's system of

compliance with hours-of-service rules, including

hours-of-service records;

"(iv) verification of proof of insurance;

"(v) a review of available data concerning that motor

carrier's safety history, and other information necessary to

determine the carrier's preparedness to comply with Federal

Motor Carrier Safety rules and regulations and Hazardous

Materials rules and regulations;

"(vi) an inspection of that Mexican motor carrier's

commercial vehicles to be used under such operating authority,

if any such commercial vehicles have not received a decal from

the inspection required in subsection (a)(5);

"(vii) an evaluation of that motor carrier's safety

inspection, maintenance, and repair facilities or management

systems, including verification of records of periodic vehicle

inspections;

"(viii) verification of drivers' qualifications, including a

confirmation of the validity of the Licencia de Federal de

Conductor of each driver of that motor carrier who will be

operating under such authority; and

"(ix) an interview with officials of that motor carrier to

review safety management controls and evaluate any written

safety oversight policies and practices.

"(C) requires that -

"(i) Mexican motor carriers with three or fewer commercial

vehicles need not undergo on-site safety examination; however

50 percent of all safety examinations of all Mexican motor

carriers shall be conducted onsite; and

"(ii) such on-site inspections shall cover at least 50

percent of estimated truck traffic in any year.

"(2) requires a full safety compliance review of the carrier

consistent with the safety fitness evaluation procedures set

forth in part 385 of title 49, Code of Federal Regulations, and

gives the motor carrier a satisfactory rating, before the carrier

is granted permanent operating authority to operate beyond United

States municipalities and commercial zones on the United

States-Mexico border, and requires that any such safety

compliance review take place within 18 months of that motor

carrier being granted conditional operating authority, provided

that -

"(A) Mexican motor carriers with three or fewer commercial

vehicles need not undergo onsite compliance review; however 50

percent of all compliance reviews of all Mexican motor carriers

shall be conducted on-site; and

"(B) any Mexican motor carrier with 4 or more commercial

vehicles that did not undergo an on-site safety exam under

(a)(1)(C), shall undergo an on-site safety compliance review

under this section.

"(3) requires Federal and State inspectors to verify

electronically the status and validity of the license of each

driver of a Mexican motor carrier commercial vehicle crossing the

border;

"(A) for every such vehicle carrying a placardable quantity

of hazardous materials;

"(B) whenever the inspection required in subsection (a)(5) is

performed; and

"(C) randomly for other Mexican motor carrier commercial

vehicles, but in no case less than 50 percent of all other such

commercial vehicles.

"(4) gives a distinctive Department of Transportation number to

each Mexican motor carrier operating beyond the commercial zone

to assist inspectors in enforcing motor carrier safety

regulations including hours-of-service rules under part 395 of

title 49, Code of Federal Regulations;

"(5) requires, with the exception of Mexican motor carriers

that have been granted permanent operating authority for three

consecutive years -

"(A) inspections of all commercial vehicles of Mexican motor

carriers authorized, or seeking authority to operate beyond

United States municipalities and commercial zones on the United

States-Mexico border that do not display a valid Commercial

Vehicle Safety Alliance inspection decal, by certified

inspectors in accordance with the requirements for a Level I

Inspection under the criteria of the North American Standard

Inspection (as defined in section 350.105 of title 49, Code of

Federal Regulations), including examination of the driver,

vehicle exterior and vehicle under-carriage;

"(B) a Commercial Vehicle Safety Alliance decal to be affixed

to each such commercial vehicle upon completion of the

inspection required by clause (A) or a re-inspection if the

vehicle has met the criteria for the Level I inspection; and

"(C) that any such decal, when affixed, expire at the end of

a period of not more than 90 days, but nothing in this

paragraph shall be construed to preclude the Administration

from requiring reinspection of a vehicle bearing a valid

inspection decal or from requiring that such a decal be removed

when a certified Federal or State inspector determines that

such a vehicle has a safety violation subsequent to the

inspection for which the decal was granted.

"(6) requires State inspectors who detect violations of Federal

motor carrier safety laws or regulations to enforce them or

notify Federal authorities of such violations;

"(7)(A) equips all United States-Mexico commercial border

crossings with scales suitable for enforcement action; equips 5

of the 10 such crossings that have the highest volume of

commercial vehicle traffic with weigh-in-motion (WIM) systems;

ensures that the remaining 5 such border crossings are equipped

within 12 months; requires inspectors to verify the weight of

each Mexican motor carrier commercial vehicle entering the United

States at said WIM equipped high volume border crossings; and

"(B) initiates a study to determine which other crossings

should also be equipped with weigh-in-motion systems;

"(8) the Federal Motor Carrier Safety Administration has

implemented a policy to ensure that no Mexican motor carrier will

be granted authority to operate beyond United States

municipalities and commercial zones on the United States-Mexico

border unless that carrier provides proof of valid insurance with

an insurance company licensed in the United States;

"(9) requires commercial vehicles operated by a Mexican motor

carrier to enter the United States only at commercial border

crossings where and when a certified motor carrier safety

inspector is on duty and where adequate capacity exists to

conduct a sufficient number of meaningful vehicle safety

inspections and to accommodate vehicles placed out-of-service as

a result of said inspections.

"(10) publishes -

"(A) interim final regulations under section 210(b) of the

Motor Carrier Safety Improvement Act of 1999 [Pub. L. 106-159]

(49 U.S.C. 31144 note) that establish minimum requirements for

motor carriers, including foreign motor carriers, to ensure

they are knowledgeable about Federal safety standards, that may

include the administration of a proficiency examination;

"(B) interim final regulations under section 31148 of title

49, United States Code, that implement measures to improve

training and provide for the certification of motor carrier

safety auditors;

"(C) a policy under sections 218(a) and (b) of that Act (49

U.S.C. 31133 note) establishing standards for the determination

of the appropriate number of Federal and State motor carrier

inspectors for the United States-Mexico border;

"(D) a policy under section 219(d) of that Act (49 U.S.C.

14901 note) that prohibits foreign motor carriers from leasing

vehicles to another carrier to transport products to the United

States while the lessor is subject to a suspension,

restriction, or limitation on its right to operate in the

United States; and

"(E) a policy under section 219(a) of that Act (49 U.S.C.

14901 note) that prohibits foreign motor carriers from

operating in the United States that is found to have operated

illegally in the United States.

"(b) No vehicles owned or leased by a Mexican motor carrier and

carrying hazardous materials in a placardable quantity may be

permitted to operate beyond a United States municipality or

commercial zone until the United States has completed an agreement

with the Government of Mexico which ensures that drivers of such

vehicles carrying such placardable quantities of hazardous

materials meet substantially the same requirements as United States

drivers carrying such materials.

"(c) No vehicles owned or leased by a Mexican motor carrier may

be permitted to operate beyond United States municipalities and

commercial zones under conditional or permanent operating authority

granted by the Federal Motor Carrier Safety Administration until -

"(1) the Department of Transportation Inspector General

conducts a comprehensive review of border operations within 180

days of enactment [probably means date of enactment of this Act,

which was approved Dec. 18, 2001] to verify that -

"(A) all new inspector positions funded under this Act [see

Tables for classification] have been filled and the inspectors

have been fully trained;

"(B) each inspector conducting on-site safety compliance

reviews in Mexico consistent with the safety fitness evaluation

procedures set forth in part 385 of title 49, Code of Federal

Regulations, is fully trained as a safety specialist;

"(C) the requirement of subparagraph (a)(2) has not been met

by transferring experienced inspectors from other parts of the

United States to the United States-Mexico border, undermining

the level of inspection coverage and safety elsewhere in the

United States;

"(D) the Federal Motor Carrier Safety Administration has

implemented a policy to ensure compliance with hours-of-service

rules under part 395 of title 49, Code of Federal Regulations,

by Mexican motor carriers seeking authority to operate beyond

United States municipalities and commercial zones on the United

States-Mexico border;

"(E) the information infrastructure of the Mexican government

is sufficiently accurate, accessible, and integrated with that

of United States enforcement authorities to allow United States

authorities to verify the status and validity of licenses,

vehicle registrations, operating authority and insurance of

Mexican motor carriers while operating in the United States,

and that adequate telecommunications links exist at all United

States-Mexico border crossings used by Mexican motor carrier

commercial vehicles, and in all mobile enforcement units

operating adjacent to the border, to ensure that licenses,

vehicle registrations, operating authority and insurance

information can be easily and quickly verified at border

crossings or by mobile enforcement units;

"(F) there is adequate capacity at each United States-Mexico

border crossing used by Mexican motor carrier commercial

vehicles to conduct a sufficient number of meaningful vehicle

safety inspections and to accommodate vehicles placed

out-of-service as a result of said inspections;

"(G) there is an accessible database containing sufficiently

comprehensive data to allow safety monitoring of all Mexican

motor carriers that apply for authority to operate commercial

vehicles beyond United States municipalities and commercial

zones on the United States-Mexico border and the drivers of

those vehicles; and

"(H) measures are in place to enable United States law

enforcement authorities to ensure the effective enforcement and

monitoring of license revocation and licensing procedures of

Mexican motor carriers.

"(2) The Secretary of Transportation certifies in writing in a

manner addressing the Inspector General's findings in paragraphs

(c)(1)(A) through (c)(1)(H) of this section that the opening of

the border does not pose an unacceptable safety risk to the

American public.

"(d) The Department of Transportation Inspector General shall

conduct another review using the criteria in (c)(1)(A) through

(c)(1)(H) consistent with paragraph (c) of this section, 180 days

after the first review is completed, and at least annually

thereafter.

"(e) For purposes of this section, the term 'Mexican motor

carrier' shall be defined as a Mexico-domiciled motor carrier

operating beyond United States municipalities and commercial zones

on the United States-Mexico border.

"(f) In addition to amounts otherwise made available in this Act,

to be derived from the Highway Trust Fund, there is hereby

appropriated to the Federal Motor Carrier Safety Administration,

$25,866,000 for the salary, expense, and capital costs associated

with the requirements of this section."

-EXEC-

LIMITED MODIFICATION TO MORATORIUM ON ISSUANCE OF CERTIFICATES OR

PERMITS WITH RESPECT TO MEXICO

Memorandum of President of the United States, May 6, 1993, 58

F.R. 27647, provided:

Memorandum for the Secretary of Transportation

Section 6 of the Bus Regulatory Reform Act of 1982 [Pub. L.

97-261, see former 49 U.S.C. 10922(m)(1), (2)] imposed a moratorium

on the issuance of certificates or permits to motor carriers

domiciled in, or owned or controlled by persons of, a contiguous

foreign country. The Act [Pub. L. 97-261, see Tables for

classification] authorized the President to remove the moratorium

in whole or in part for any country or political subdivision

thereof upon determining that such action is in the national

interest. Sixty days' advance notice to the Congress is required

whenever the removal or modification applies to a contiguous

foreign country or political subdivision thereof that substantially

prohibits the granting of motor carrier authority to persons from

the United States.

I am pleased that an agreement between the United States and

Mexico has been concluded to ensure fair and reciprocal treatment

for charter and tour bus interests on both sides of the border. The

agreement reached, however, does not allow for full access to

cross-border and domestic markets. Therefore, the moratorium must

reflect the conditions under which operating authority may be

issued to Mexican charter and tour companies under the agreement.

Pursuant to section 6 of the Bus Regulatory Reform Act of 1982,

49 U.S.C. section 10922(l)(2)(A) [see former 49 U.S.C.

10922(m)(2)(A)], I hereby make a limited modification to the

moratorium imposed by that section and all actions taken by my

predecessors under that section on the issuance of certificates or

permits to motor carriers domiciled in, or owned or controlled by

persons of, a contiguous foreign country.

The moratorium is modified only to authorize the Interstate

Commerce Commission to grant Mexican motor carriers authority to

transport passengers in charter or special operations, in foreign

commerce, in round trip or one-way service between Mexico and the

United States pursuant to the following restrictions:

1. The Mexican motor carrier can conduct cross-border charter or

special service in the United States only when the international

tour or charter begins in Mexico;

2. Tickets or tour packages for such operations cannot be sold in

the United States; and

3. The terms of the grants of authority given to Mexican motor

carriers will be limited by the life of the agreement with Mexico

covering reciprocal cross-border charter and special operations.

This action applies only to international charter and tour

operations, does not allow for point-to-point service within the

United States, and does not authorize companies to conduct

cross-border regular route service. This action preserves the

status quo with respect to Mexican trucking companies and Mexican

companies engaged in regular route service, and will maintain the

moratorium on those operations through September 25, 1994, unless

earlier revoked or modified.

Accordingly, you are directed to notify the Congress today on my

behalf that, effective 60 days hence, the moratorium will no longer

be in effect for Mexican charter and tour bus companies subject to

the above stated conditions. Because of this action, the Interstate

Commerce Commission will then accept and process expeditiously all

applications for operating authority from Mexican owned,

controlled, or domiciled charter and tour bus firms. I should note

that applications in Mexico by United States charter and tour bus

firms will be similarly treated.

You are hereby authorized and directed to publish this

determination in the Federal Register.

William J. Clinton.

Memorandum of President of the United States, Jan. 1, 1994, 59

F.R. 653, provided:

Memorandum for the Secretary of Transportation

Section 6 of the Bus Regulatory Reform Act of 1982 [Pub. L.

97-261, see former 49 U.S.C. 10922(m)(1), (2)] imposed a moratorium

on the issuance of certificates or permits to motor carriers

domiciled in, or owned or controlled by, persons of a contiguous

foreign country. The Act [Pub. L. 97-261, see Tables for

classification] authorized the President to remove the moratorium

in whole or in part for any country or political subdivision

thereof upon determining that such action is in the national

interest. Sixty days' advance notice to the Congress is required

whenever the removal or modification applies to a foreign

contiguous country or political subdivision thereof that

substantially prohibits the granting of motor carrier authority to

persons from the United States.

As set forth in the Statement of Administrative Action regarding

the North American Free Trade Agreement (NAFTA) that I submitted to

the Congress on November 3, 1993, the moratorium with respect to

Mexico will be lifted in phases to coincide with the schedule of

liberalization in the relevant provisions of the NAFTA. The NAFTA

specifically states that the moratorium will not apply to the

provision of cross-border charter or tour bus services as of the

date of entry into force of the Agreement.

This is to give public notice that, pursuant to section 6 of the

Bus Regulatory Reform Act of 1982, 49 U.S.C. section 10922(l)(2)(A)

[see former 49 U.S.C. 10922(m)(2)(A)], on November 3, 1993, I gave

the Congress notice of my intention to make a limited modification

to the moratorium imposed by that section and all actions taken by

my predecessors under that section on the issuance of certificates

or permits to motor carriers domiciled in, or owned or controlled

by, persons of Mexico. This modification will take effect on

January 1, 1994, the 60th day after my notice to the Congress.

The moratorium is modified only to authorize the Interstate

Commerce Commission to grant Mexican motor carriers authority to

transport passengers in charter or tour bus operations, in foreign

commerce, in round-trip or one-way service between Mexico and the

United States.

This action applies only to international charter or tour bus

operations, does not allow for point-to-point bus service within

the United States, and does not authorize companies to conduct

cross-border regular route bus service.

Effective January 1, 1994, the Interstate Commerce Commission

will begin to accept and process expeditiously all applications for

operating authority from Mexican owned, controlled, or domiciled

charter and tour bus firms.

This determination shall be published in the Federal Register.

William J. Clinton.

[Interstate Commerce Commission abolished and functions of

Commission transferred, except as otherwise provided in Pub. L.

104-88, to Surface Transportation Board effective Jan. 1, 1996, by

section 702 of this title and section 101 of Pub. L. 104-88, set

out as a note under section 701 of this title. References to

Interstate Commerce Commission deemed to refer to Surface

Transportation Board, a member or employee of the Board, or

Secretary of Transportation, as appropriate, see section 205 of

Pub. L. 104-88, set out as a note under section 701 of this title.]

EXTENSION OF MORATORIUM

Memorandum of President of the United States, Mar. 2, 1995, 60

F.R. 12393, provided:

Memorandum for the Secretary of Transportation [and] the United

States Trade Representative

Pursuant to section 6 of the Bus Regulatory Reform Act of 1982,

49 U.S.C. 10922(l)(1) and (2) [Pub. L. 97-261, see former 49 U.S.C.

10922(m)(1), (2)], I hereby extend for an additional 2 years both

the moratorium imposed by that section and all actions taken by my

predecessors under that section on the issuance of certificates or

permits to motor carriers domiciled in, or owned or controlled by

persons of, a contiguous foreign country. This action preserves the

status quo and will maintain the moratorium through September 19,

1996, unless earlier revoked or modified.

This memorandum shall be published in the Federal Register.

William J. Clinton.

Memorandum of President of the United States, Sept. 25, 1992, 57

F.R. 44647, extended maratorium through Sept. 19, 1994.

Memorandum of President of the United States, Sept. 17, 1990, 55

F.R. 38657, extended moratorium through Sept. 19, 1992.

Memorandum of President of the United States, Sept. 15, 1988, 53

F.R. 36430, extended moratorium through Sept. 19, 1990.

Memorandum of President of the United States, Sept. 23, 1986, 51

F.R. 34079, extended moratorium through Sept. 19, 1988.

Memorandum of President of the United States, Aug. 30, 1984, 49

F.R. 35001, extended moratorium through Sept. 19, 1986.

Memorandum of President of the United States, June 5, 2001, 66

F.R. 30799, provided:

Memorandum for the Secretary of Transportation

Section 6 of the Bus Regulatory Reform Act of 1982 [Pub. L.

97-261, see former 49 U.S.C. 10922(m)(1), (2)] imposed a moratorium

on the issuance of certificates or permits to motor carriers

domiciled in, or owned or controlled by, persons of a contiguous

foreign country, and authorized the President to modify the

moratorium. The Interstate Commerce Commission Termination Act of

1995 (ICCTA) [ICC Termination Act of 1995, Pub. L. 104-88, see

Tables for classification] maintained these restrictions, subject

to modifications made prior to the enactment of the ICCTA [Dec. 29,

1995], and authorized the President to make further modifications

to the moratorium. The relevant provisions of the ICCTA are

codified at 49 U.S.C. 13902.

The North American Free Trade Agreement (NAFTA) established a

schedule for liberalizing certain restrictions on investment in

truck and bus services. Pursuant to 49 U.S.C. 13902(c)(3), I have

determined that the following modifications to the moratorium are

consistent with obligations of the United States under NAFTA and

with U.S. transportation policy, and that the moratorium shall be

modified accordingly. First, enterprises domiciled in the United

States that are owned or controlled by persons of Mexico will be

allowed to obtain operating authority to provide truck services for

the transportation of international cargo between points in the

United States. Second, enterprises domiciled in the United States

that are owned or controlled by persons of Mexico will be allowed

to obtain operating authority to provide bus services between

points in the United States. These modifications shall be effective

today.

Pursuant to 49 U.S.C. 13902(c)(5), I have determined that

expeditious action is required to implement these modifications to

the moratorium. Effective today, the Department of Transportation

will accept and expeditiously process applications, submitted by

enterprises domiciled in the United States that are owned or

controlled by persons of Mexico, to obtain operating authority to

provide truck services for the transportation of international

cargo between points in the United States or to provide bus

services between points in the United States.

Motor carriers domiciled in the United States that are owned or

controlled by persons of Mexico will be subject to the same Federal

and State regulations and procedures that apply to all other U.S.

carriers. These include safety regulations, such as drug and

alcohol testing; insurance requirements; taxes and fees; and all

other applicable laws and regulations, including those administered

by the U.S. Customs Service, the Immigration and Naturalization

Service, and the Department of Labor.

This memorandum shall be published in the Federal Register.

George W. Bush.

Memorandum of President of the United States, Nov. 27, 2002, 67

F.R. 71795, provided:

Memorandum for the Secretary of Transportation

Section 6 of the Bus Regulatory Reform Act of 1982, Public Law

97-261, 96 Stat. 1103 [see former 49 U.S.C. 10922(m)(1), (2)],

imposed a moratorium on the issuance of certificates or permits to

motor carriers domiciled in, or owned or controlled by persons of,

a contiguous foreign country and authorized the President to modify

the moratorium. The Interstate Commerce Commission Termination Act

of 1995 (ICCTA), Public Law 104-88, 109 Stat. 803 [ICC Termination

Act of 1995, see Tables for classification], maintained these

restrictions, subject to modifications made prior to the enactment

of the ICCTA [Dec. 29, 1995], and empowered the President to make

further modifications to the moratorium.

Pursuant to 49 U.S.C. 13902(c)(3), I modified the moratorium on

June 5, 2001, to allow motor carriers domiciled in the United

States that are owned or controlled by persons of Mexico to obtain

operating authority to transport international cargo by truck

between points in the United States and to provide bus services

between points in the United States.

The North American Free Trade Agreement (NAFTA) established a

schedule for liberalizing certain restrictions on the provision of

bus and truck services by Mexican-domiciled motor carriers in the

United States. Pursuant to 49 U.S.C. 13902(c)(3), I hereby

determine that the following modifications to the moratorium are

consistent with obligations of the United States under NAFTA and

with our national transportation policy and that the moratorium

shall be modified accordingly.

First, qualified motor carriers domiciled in Mexico will be

allowed to obtain operating authority to transport passengers in

cross-border scheduled bus services. Second, qualified motor

carriers domiciled in Mexico will be allowed to obtain operating

authority to provide cross-border truck services. The moratorium on

the issuance of certificates or permits to Mexican-domiciled motor

carriers for the provision of truck or bus services between points

in the United States will remain in place. These modifications

shall be effective on the date of this memorandum.

Furthermore, pursuant to 49 U.S.C. 13902(c)(5), I hereby

determine that expeditious action is required to implement this

modification to the moratorium. Effective on the date of this

memorandum, the Department of Transportation is authorized to act

on applications, submitted by motor carriers domiciled in Mexico,

to obtain operating authority to provide cross-border scheduled bus

services and cross-border truck services. In reviewing such

applications, the Department shall continue to work closely with

the Department of Justice, the Office of Homeland Security, and

other relevant Federal departments, agencies, and offices in order

to help ensure the security of the border and to prevent potential

threats to national security.

Motor carriers domiciled in Mexico operating in the United States

will be subject to the same Federal and State laws, regulations,

and procedures that apply to carriers domiciled in the United

States. These include safety regulations, such as drug and alcohol

testing requirements; insurance requirements; taxes and fees; and

other applicable laws and regulations, including those administered

by the United States Customs Service, the Immigration and

Naturalization Service, the Department of Labor, and Federal and

State environmental agencies.

You are authorized and directed to publish this memorandum in the

Federal Register.

George W. Bush.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 13507, 13905, 13906,

14301, 14701, 14702, 14707, 14708, 14901, 14910, 24305, 31102 of

this title.

-End-

-CITE-

49 USC Sec. 13903 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE IV - INTERSTATE TRANSPORTATION

PART B - MOTOR CARRIERS, WATER CARRIERS, BROKERS, AND FREIGHT

FORWARDERS

CHAPTER 139 - REGISTRATION

-HEAD-

Sec. 13903. Registration of freight forwarders

-STATUTE-

(a) In General. - The Secretary shall register a person to

provide service subject to jurisdiction under subchapter III of

chapter 135 as a freight forwarder if the Secretary finds that the

person is fit, willing, and able to provide the service and to

comply with this part and applicable regulations of the Secretary

and the Board.

(b) Registration as Carrier Required. - The freight forwarder may

provide transportation as the carrier itself only if the freight

forwarder also has registered to provide transportation as a

carrier under this chapter.

-SOURCE-

(Added Pub. L. 104-88, title I, Sec. 103, Dec. 29, 1995, 109 Stat.

884.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 10923 of this title prior to the general amendment of this

subtitle by Pub. L. 104-88, Sec. 102(a).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 13905, 13906, 14707,

14708 of this title.

-End-

-CITE-

49 USC Sec. 13904 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE IV - INTERSTATE TRANSPORTATION

PART B - MOTOR CARRIERS, WATER CARRIERS, BROKERS, AND FREIGHT

FORWARDERS

CHAPTER 139 - REGISTRATION

-HEAD-

Sec. 13904. Registration of brokers

-STATUTE-

(a) In General. - The Secretary shall register, subject to

section 13906(b), a person to be a broker for transportation of

property subject to jurisdiction under subchapter I of chapter 135,

if the Secretary finds that the person is fit, willing, and able to

be a broker for transportation and to comply with this part and

applicable regulations of the Secretary.

(b) Registration as Carrier Required. -

(1) In general. - The broker may provide the transportation

itself only if the broker also has been registered to provide the

transportation as a motor carrier under this chapter.

(2) Limitation. - This subsection does not apply to a motor

carrier registered under this chapter or to an employee or agent

of the motor carrier to the extent the transportation is to be

provided entirely by the motor carrier, with other registered

motor carriers, or with rail or water carriers.

(c) Regulations To Protect Shippers. - Regulations of the

Secretary applicable to brokers registered under this section shall

provide for the protection of shippers by motor vehicle.

(d) Bond and Insurance. - The Secretary may impose on brokers for

motor carriers of passengers such requirements for bonds or

insurance or both as the Secretary determines are needed to protect

passengers and carriers dealing with such brokers.

-SOURCE-

(Added Pub. L. 104-88, title I, Sec. 103, Dec. 29, 1995, 109 Stat.

884.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 10924 of this title prior to the general amendment of this

subtitle by Pub. L. 104-88, Sec. 102(a).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 13506, 13905, 13906,

14707 of this title.

-End-

-CITE-

49 USC Sec. 13905 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE IV - INTERSTATE TRANSPORTATION

PART B - MOTOR CARRIERS, WATER CARRIERS, BROKERS, AND FREIGHT

FORWARDERS

CHAPTER 139 - REGISTRATION

-HEAD-

Sec. 13905. Effective periods of registration

-STATUTE-

(a) Person Holding ICC Authority. - Any person having authority

to provide transportation or service as a motor carrier, freight

forwarder, or broker under this title, as in effect on December 31,

1995, shall be deemed, for purposes of this part, to be registered

to provide such transportation or service under this part.

(b) In General. - Except as otherwise provided in this part, each

registration issued under section 13902, 13903, or 13904 shall be

effective from the date specified by the Secretary and shall remain

in effect for such period as the Secretary determines appropriate

by regulation.

(c) Suspension, Amendments, and Revocations. -

(1) In general. - On application of the registrant, the

Secretary may amend or revoke a registration. On complaint or on

the Secretary's own initiative and after notice and an

opportunity for a proceeding, the Secretary may (A) suspend,

amend, or revoke any part of the registration of a motor carrier,

broker, or freight forwarder for willful failure to comply with

this part, an applicable regulation or order of the Secretary or

of the Board, or a condition of its registration; and (B)

suspend, amend, or revoke any part of the registration of a motor

carrier, broker, or freight forwarder: (i) for failure to pay a

civil penalty imposed under chapter 5, 51, 149, or 311 of this

title; or (ii) for failure to arrange and abide by an acceptable

payment plan for such civil penalty, within 90 days of the time

specified by order of the Secretary for the payment of such

penalty. Subparagraph (B) shall not apply to any person who is

unable to pay a civil penalty because such person is a debtor in

a case under chapter 11 of title 11, United States Code.

(2) Regulations. - Not later than 12 months after the date of

the enactment of this paragraph, the Secretary, after notice and

opportunity for public comment, shall issue regulations to

provide for the suspension, amendment, or revocation of a

registration under this part for failure to pay a civil penalty

as provided in paragraph (1)(B).

(d) Procedure. - Except on application of the registrant, the

Secretary may revoke a registration of a motor carrier, freight

forwarder, or broker, only after -

(1) the Secretary has issued an order to the registrant under

section 14701 requiring compliance with this part, a regulation

of the Secretary, or a condition of the registration; and

(2) the registrant willfully does not comply with the order for

a period of 30 days.

(e) Expedited Procedure. -

(1) Protection of safety. - Without regard to subchapter II of

chapter 5 of title 5, the Secretary may suspend the registration

of a motor carrier, a freight forwarder, or a broker for failure

to comply with safety requirements of the Secretary or the safety

fitness requirements pursuant to section 13904(c), 13906, or

31144 of this title, or an order or regulation of the Secretary

prescribed under those sections.

(2) Imminent hazard to public health. - Without regard to

subchapter II of chapter 5 of title 5, the Secretary may suspend

a registration of a motor carrier of passengers if the Secretary

finds that such carrier has been conducting unsafe operations

which are an imminent hazard to public health or property.

(3) Notice; period of suspension. - The Secretary may suspend

under this subsection the registration only after giving notice

of the suspension to the registrant. The suspension remains in

effect until the registrant complies with those applicable

sections or, in the case of a suspension under paragraph (2),

until the Secretary revokes such suspension.

-SOURCE-

(Added Pub. L. 104-88, title I, Sec. 103, Dec. 29, 1995, 109 Stat.

884; amended Pub. L. 104-287, Sec. 5(33), Oct. 11, 1996, 110 Stat.

3392; Pub. L. 105-102, Sec. 2(10), Nov. 20, 1997, 111 Stat. 2204;

Pub. L. 106-159, title II, Sec. 206(a), Dec. 9, 1999, 113 Stat.

1763.)

-MISC1-

HISTORICAL AND REVISION NOTES

PUB. L. 104-287

This amends 49:13905(a) for clarity and consistency.

PUB. L. 105-102

This amends 49:13905(e)(1) to correct a grammatical error.

-REFTEXT-

REFERENCES IN TEXT

The date of the enactment of this paragraph, referred to in

subsec. (c)(2), is the date of enactment of Pub. L. 106-159, which

was approved Dec. 9, 1999.

-MISC2-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 10925 of this title prior to the general amendment of this

subtitle by Pub. L. 104-88, Sec. 102(a).

AMENDMENTS

1999 - Subsec. (c). Pub. L. 106-159 inserted par. (1) designation

and heading, inserted "(A)" before "suspend", added cl. (B),

realigned par. (1) margins, and added par. (2).

1997 - Subsec. (e)(1). Pub. L. 105-102 struck out comma after

"31144".

1996 - Subsec. (a). Pub. L. 104-287 substituted "December 31,

1995" for "the day before the effective date of this section".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 13902 of this title.

-End-

-CITE-

49 USC Sec. 13906 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE IV - INTERSTATE TRANSPORTATION

PART B - MOTOR CARRIERS, WATER CARRIERS, BROKERS, AND FREIGHT

FORWARDERS

CHAPTER 139 - REGISTRATION

-HEAD-

Sec. 13906. Security of motor carriers, brokers, and freight

forwarders

-STATUTE-

(a) Motor Carrier Requirements. -

(1) Liability insurance requirement. - The Secretary may

register a motor carrier under section 13902 only if the

registrant files with the Secretary a bond, insurance policy, or

other type of security approved by the Secretary, in an amount

not less than such amount as the Secretary prescribes pursuant

to, or as is required by, sections 31138 and 31139, and the laws

of the State or States in which the registrant is operating, to

the extent applicable. The security must be sufficient to pay,

not more than the amount of the security, for each final judgment

against the registrant for bodily injury to, or death of, an

individual resulting from the negligent operation, maintenance,

or use of motor vehicles, or for loss or damage to property

(except property referred to in paragraph (3) of this

subsection), or both. A registration remains in effect only as

long as the registrant continues to satisfy the security

requirements of this paragraph.

(2) Agency requirement. - A motor carrier shall comply with the

requirements of sections 13303 and 13304. To protect the public,

the Secretary may require any such motor carrier to file the type

of security that a motor carrier is required to file under

paragraph (1) of this subsection. This paragraph only applies to

a foreign motor private carrier and foreign motor carrier

operating in the United States to the extent that such carrier is

providing transportation between places in a foreign country or

between a place in one foreign country and a place in another

foreign country.

(3) Transportation insurance. - The Secretary may require a

registered motor carrier to file with the Secretary a type of

security sufficient to pay a shipper or consignee for damage to

property of the shipper or consignee placed in the possession of

the motor carrier as the result of transportation provided under

this part. A carrier required by law to pay a shipper or

consignee for loss, damage, or default for which a connecting

motor carrier is responsible is subrogated, to the extent of the

amount paid, to the rights of the shipper or consignee under any

such security.

(b) Broker Requirements. - The Secretary may register a person as

a broker under section 13904 only if the person files with the

Secretary a bond, insurance policy, or other type of security

approved by the Secretary to ensure that the transportation for

which a broker arranges is provided. The registration remains in

effect only as long as the broker continues to satisfy the security

requirements of this subsection.

(c) Freight Forwarder Requirements. -

(1) Liability insurance. - The Secretary may register a person

as a freight forwarder under section 13903 of this title only if

the person files with the Secretary a bond, insurance policy, or

other type of security approved by the Secretary. The security

must be sufficient to pay, not more than the amount of the

security, for each final judgment against the freight forwarder

for bodily injury to, or death of, an individual, or loss of, or

damage to, property (other than property referred to in paragraph

(2) of this subsection), resulting from the negligent operation,

maintenance, or use of motor vehicles by or under the direction

and control of the freight forwarder when providing transfer,

collection, or delivery service under this part.

(2) Freight forwarder insurance. - The Secretary may require a

registered freight forwarder to file with the Secretary a bond,

insurance policy, or other type of security approved by the

Secretary sufficient to pay, not more than the amount of the

security, for loss of, or damage to, property for which the

freight forwarder provides service.

(3) Effective period. - The freight forwarder's registration

remains in effect only as long as the freight forwarder continues

to satisfy the security requirements of this subsection.

(d) Type of Insurance. - The Secretary may determine the type and

amount of security filed under this section. A motor carrier may

submit proof of qualifications as a self-insurer to satisfy the

security requirements of this section. The Secretary shall adopt

regulations governing the standards for approval as a self-insurer.

Motor carriers which have been granted authority to self-insure as

of January 1, 1996, shall retain that authority unless, for good

cause shown and after notice and an opportunity for a hearing, the

Secretary finds that the authority must be revoked.

(e) Notice of Cancellation of Insurance. - The Secretary shall

issue regulations requiring the submission to the Secretary of

notices of insurance cancellation sufficiently in advance of actual

cancellation so as to enable the Secretary to promptly revoke the

registration of any carrier or broker after the effective date of

the cancellation.

(f) Form of Endorsement. - The Secretary shall also prescribe the

appropriate form of endorsement to be appended to policies of

insurance and surety bonds which will subject the insurance policy

or surety bond to the full security limits of the coverage required

under this section.

-SOURCE-

(Added Pub. L. 104-88, title I, Sec. 103, Dec. 29, 1995, 109 Stat.

885; amended Pub. L. 104-287, Sec. 5(34), Oct. 11, 1996, 110 Stat.

3392.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 10927 of this title prior to the general amendment of this

subtitle by Pub. L. 104-88, Sec. 102(a).

AMENDMENTS

1996 - Subsec. (d). Pub. L. 104-287 substituted "January 1,

1996," for "the effective date of this section".

SELF-INSURANCE RULES

Section 104(h) of Pub. L. 104-88 provided that: "The Secretary of

Transportation shall continue to enforce the rules and regulations

of the Interstate Commerce Commission, as in effect on July 1,

1995, governing the qualifications for approval of a motor carrier

as a self-insurer, until such time as the Secretary finds it in the

public interest to revise such rules. The revised rules must

provide for -

"(1) continued ability of motor carriers to qualify as

self-insurers; and

"(2) the continued qualification of all carriers then so

qualified under the terms and conditions set by the Interstate

Commerce Commission or Secretary at the time of qualification."

[Interstate Commerce Commission abolished by section 101 of Pub.

L. 104-88, set out as a note under section 701 of this title.]

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 13902, 13904, 13905,

13908, 14707, 31102 of this title.

-End-

-CITE-

49 USC Sec. 13907 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE IV - INTERSTATE TRANSPORTATION

PART B - MOTOR CARRIERS, WATER CARRIERS, BROKERS, AND FREIGHT

FORWARDERS

CHAPTER 139 - REGISTRATION

-HEAD-

Sec. 13907. Household goods agents

-STATUTE-

(a) Carriers Responsible for Agents. - Each motor carrier

providing transportation of household goods shall be responsible

for all acts or omissions of any of its agents which relate to the

performance of household goods transportation services (including

accessorial or terminal services) and which are within the actual

or apparent authority of the agent from the carrier or which are

ratified by the carrier.

(b) Standard for Selecting Agents. - Each motor carrier providing

transportation of household goods shall use due diligence and

reasonable care in selecting and maintaining agents who are

sufficiently knowledgeable, fit, willing, and able to provide

adequate household goods transportation services (including

accessorial and terminal services) and to fulfill the obligations

imposed upon them by this part and by such carrier.

(c) Enforcement. -

(1) Complaint. - Whenever the Secretary has reason to believe

from a complaint or investigation that an agent providing

household goods transportation services (including accessorial

and terminal services) under the authority of a motor carrier

providing transportation of household goods has violated section

14901(e) or 14912 or is consistently not fit, willing, and able

to provide adequate household goods transportation services

(including accessorial and terminal services), the Secretary may

issue to such agent a complaint stating the charges and

containing notice of the time and place of a hearing which shall

be held no later than 60 days after service of the complaint to

such agent.

(2) Right to defend. - The agent shall have the right to appear

at such hearing and rebut the charges contained in the complaint.

(3) Order. - If the agent does not appear at the hearing or if

the Secretary finds that the agent has violated section 14901(e)

or 14912 or is consistently not fit, willing, and able to provide

adequate household goods transportation services (including

accessorial and terminal services), the Secretary may issue an

order to compel compliance with the requirement that the agent be

fit, willing, and able. Thereafter, the Secretary may issue an

order to limit, condition, or prohibit such agent from any

involvement in the transportation or provision of services

incidental to the transportation of household goods if, after

notice and an opportunity for a hearing, the Secretary finds that

such agent, within a reasonable time after the date of issuance

of a compliance order under this section, but in no event less

than 30 days after such date of issuance, has willfully failed to

comply with such order.

(4) Hearing. - Upon filing of a petition with the Secretary by

an agent who is the subject of an order issued pursuant to the

second sentence of paragraph (3) of this subsection and after

notice, a hearing shall be held with an opportunity to be heard.

At such hearing, a determination shall be made whether the order

issued pursuant to paragraph (3) of this subsection should be

rescinded.

(5) Court review. - Any agent adversely affected or aggrieved

by an order of the Secretary issued under this subsection may

seek relief in the appropriate United States court of appeals as

provided by and in the manner prescribed in chapter 158 of title

28, United States Code.

(d) Limitation on Applicability of Antitrust Laws. -

(1) In general. - The antitrust laws, as defined in the first

section of the Clayton Act (15 U.S.C. 12), do not apply to

discussions or agreements between a motor carrier providing

transportation of household goods and its agents (whether or not

an agent is also a carrier) related solely to -

(A) rates for the transportation of household goods under the

authority of the principal carrier;

(B) accessorial, terminal, storage, or other charges for

services incidental to the transportation of household goods

transported under the authority of the principal carrier;

(C) allowances relating to transportation of household goods

under the authority of the principal carrier; and

(D) ownership of a motor carrier providing transportation of

household goods by an agent or membership on the board of

directors of any such motor carrier by an agent.

(2) Board review. - The Board, upon its own initiative or

request, shall review any activities undertaken under paragraph

(1) and shall modify or terminate the activity if necessary to

protect the public interest.

(e) Definitions. - In this section, the following definitions

apply:

(1) Household goods. - The term "household goods" has the

meaning such term had under section 10102(11) of this title, as

in effect on December 31, 1995.

(2) Transportation. - The term "transportation" means

transportation that would be subject to the jurisdiction of the

Interstate Commerce Commission under subchapter II of chapter 105

of this title, as in effect on December 31, 1995, if such

subchapter were still in effect.

-SOURCE-

(Added Pub. L. 104-88, title I, Sec. 103, Dec. 29, 1995, 109 Stat.

887; amended Pub. L. 104-287, Sec. 5(35), Oct. 11, 1996, 110 Stat.

3392.)

-MISC1-

HISTORICAL AND REVISION NOTES

PUB. L. 104-287

This amends 49:13907(e)(1) and (2) for clarity and consistency.

-REFTEXT-

REFERENCES IN TEXT

Section 10102(11) of this title, referred to in subsec. (e)(1),

was omitted and a new section 10102 enacted in the general

amendment of this subtitle by Pub. L. 104-88, title I, Sec. 102(a),

Dec. 29, 1995, 109 Stat. 804, 806, effective Jan. 1, 1996.

Subchapter II of chapter 105 of this title, referred to in

subsec. (e)(2), was omitted in the general amendment of this

subtitle by Pub. L. 104-88, title I, Sec. 102(a), Dec. 29, 1995,

109 Stat. 804, effective Jan. 1, 1996.

-MISC2-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 10934 of this title prior to the general amendment of this

subtitle by Pub. L. 104-88, Sec. 102(a).

AMENDMENTS

1996 - Subsec. (e)(1). Pub. L. 104-287, Sec. 5(35)(A),

substituted "December 31, 1995" for "the day before the effective

date of this section".

Subsec. (e)(2). Pub. L. 104-287, Sec. 5(35)(B), substituted

"December 31, 1995" for "the day before such effective date".

-TRANS-

ABOLITION OF INTERSTATE COMMERCE COMMISSION

Interstate Commerce Commission abolished by section 101 of Pub.

L. 104-88, set out as a note under section 701 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 13541, 14501 of this

title.

-End-

-CITE-

49 USC Sec. 13908 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE IV - INTERSTATE TRANSPORTATION

PART B - MOTOR CARRIERS, WATER CARRIERS, BROKERS, AND FREIGHT

FORWARDERS

CHAPTER 139 - REGISTRATION

-HEAD-

Sec. 13908. Registration and other reforms

-STATUTE-

(a) Regulations Replacing Certain Programs. - The Secretary, in

cooperation with the States, and after notice and opportunity for

public comment, shall issue regulations to replace the current

Department of Transportation identification number system, the

single State registration system under section 14504, the

registration system contained in this chapter, and the financial

responsibility information system under section 13906 with a

single, on-line, Federal system. The new system shall serve as a

clearinghouse and depository of information on and identification

of all foreign and domestic motor carriers, brokers, and freight

forwarders, and others required to register with the Department as

well as information on safety fitness and compliance with required

levels of financial responsibility. In issuing the regulations, the

Secretary shall consider whether or not to integrate the

requirements of section 13304 into the new system and may integrate

such requirements into the new system.

(b) Factors To Be Considered. - In conducting the rulemaking

under subsection (a), the Secretary shall, at a minimum, consider

the following factors:

(1) Funding for State enforcement of motor carrier safety

regulations.

(2) Whether the existing single State registration system is

duplicative and burdensome.

(3) The justification and need for collecting the statutory fee

for such system under section 14504(c)(2)(B)(iv).

(4) The public safety.

(5) The efficient delivery of transportation services.

(6) How, and under what conditions, to extend the registration

system to motor private carriers and to carriers exempt under

sections 13502, 13503, and 13506.

(c) Fee System. - The Secretary may establish, under section 9701

of title 31, a fee system for registration and filing evidence of

financial responsibility under the new system under subsection (a).

Fees collected under the fee system shall cover the costs of

operating and upgrading the registration system, including all

personnel costs associated with the system. Fees collected under

this subsection may be credited to the Department of Transportation

appropriations account for purposes for which such fees are

collected, and shall be available for expenditure until expended.

(d) State Registration Programs. - If the Secretary determines

that no State should require insurance filings or collect fees for

such filings (including filings and fees authorized under section

14504), the Secretary may prevent any State or political

subdivision thereof, or any political authority of 2 or more

States, from imposing any insurance filing requirements or fees

that are for the same purposes as filings or fees the Secretary

requires under the new system under subsection (a). The Secretary

may not take any action pursuant to this subsection unless -

(1) fees that will be collected by the Secretary under

subsection (c) and distributed in each fiscal year to the States

will provide each State with at least as much revenue as that

State received in fiscal year 1995 under section 11506, as in

effect on December 31, 1995; and

(2) all States will receive from the distribution of such fees

a minimum apportionment.

(e) Deadline for Conclusion; Modifications. - Not later than 24

months after January 1, 1996, the Secretary -

(1) shall conclude the rulemaking under this section;

(2) may implement such changes under this section as the

Secretary considers appropriate and in the public interest; and

(3) shall transmit to Congress a report on any findings of the

rulemaking and the changes being implemented under this section,

together with such recommendations for legislative language

necessary to conform this part to such changes.

-SOURCE-

(Added Pub. L. 104-88, title I, Sec. 103, Dec. 29, 1995, 109 Stat.

888; amended Pub. L. 104-287, Sec. 5(36), Oct. 11, 1996, 110 Stat.

3392.)

-MISC1-

HISTORICAL AND REVISION NOTES

PUB. L. 104-287, SEC. 5(36)(A)

This amends 49:13908(d)(1) for clarity and consistency.

PUB. L. 104-287, SEC. 5(36)(B)

This sets out the effective date of 49:13908.

-REFTEXT-

REFERENCES IN TEXT

Section 11506, referred to in subsec. (d)(1), was omitted in the

general amendment of this subtitle by Pub. L. 104-88, title I, Sec.

102(a), Dec. 29, 1995, 109 Stat. 804, effective Jan. 1, 1996.

-MISC2-

AMENDMENTS

1996 - Subsec. (d)(1). Pub. L. 104-287, Sec. 5(36)(A),

substituted "December 31, 1995" for "the day before the effective

date of this section".

Subsec. (e). Pub. L. 104-287, Sec. 5(36)(B), substituted "January

1, 1996" for "the effective date of this section".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 13902 of this title.

-End-