US (United States) Code. Title 49. Subtitle VI. Part B. Chapter 317: Participation in International Registration

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Transportation

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-CITE-

49 USC CHAPTER 317 - PARTICIPATION IN INTERNATIONAL

REGISTRATION PLAN AND INTERNATIONAL FUEL TAX

AGREEMENT 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART B - COMMERCIAL

CHAPTER 317 - PARTICIPATION IN INTERNATIONAL REGISTRATION PLAN AND

INTERNATIONAL FUEL TAX AGREEMENT

-HEAD-

CHAPTER 317 - PARTICIPATION IN INTERNATIONAL REGISTRATION PLAN AND

INTERNATIONAL FUEL TAX AGREEMENT

-MISC1-

Sec.

31701. Definitions.

[31702, 31703. Repealed.]

31704. Vehicle registration.

31705. Fuel use tax.

31706. Enforcement.

31707. Limitations on statutory construction.

[31708. Repealed.]

AMENDMENTS

1998 - Pub. L. 105-178, title IV, Sec. 4013, June 9, 1998, 112

Stat. 409, struck out items 31702 "Working group", 31703 "Grants",

and 31708 "Authorization of appropriations".

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 113 of this title.

-End-

-CITE-

49 USC Sec. 31701 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART B - COMMERCIAL

CHAPTER 317 - PARTICIPATION IN INTERNATIONAL REGISTRATION PLAN AND

INTERNATIONAL FUEL TAX AGREEMENT

-HEAD-

Sec. 31701. Definitions

-STATUTE-

In this chapter -

(1) "commercial motor vehicle", with respect to -

(A) the International Registration Plan, has the same meaning

given the term "apportionable vehicle" under the Plan; and

(B) the International Fuel Tax Agreement, has the same

meaning given the term "qualified motor vehicle" under the

Agreement.

(2) "fuel use tax" means a tax imposed on or measured by the

consumption of fuel in a motor vehicle.

(3) "International Fuel Tax Agreement" means the interstate

agreement on collecting and distributing fuel use taxes paid by

motor carriers, developed under the auspices of the National

Governors' Association.

(4) "International Registration Plan" means the interstate

agreement on apportioning vehicle registration fees paid by motor

carriers, developed by the American Association of Motor Vehicle

Administrators.

(5) "Regional Fuel Tax Agreement" means the interstate

agreement on collecting and distributing fuel use taxes paid by

motor carriers in the States of Maine, Vermont, and New

Hampshire.

(6) "State" means the 48 contiguous States and the District of

Columbia.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1031.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

31701 49:11506 (note). Dec. 18, 1991, Pub. L.

102-240, Sec. 4008(k), 105

Stat. 2155.

--------------------------------------------------------------------

OPERATION OF TRAILERS

Pub. L. 105-277, div. C, title I, Sec. 109, Oct. 21, 1998, 112

Stat. 2681-586, provided that:

"(a) Registration of Trailers. - A State that requires annual

registration of container chassis and the apportionment of fees for

such registrations in accordance with the International

Registration Plan (as defined under section 31701 of title 49,

United States Code) shall not limit the operation, or require the

registration, in the State of a container chassis (or impose fines

or penalties on the operation of a container chassis for being

operated in the State without a registration issued by the State)

if such chassis -

"(1) is registered under the laws of another State; and

"(2) is operating under a trip permit issued by the State.

"(b) Limitation on Registration of Trailers. - A State described

in subsection (a) may not deny the use of trip permits for the

operation in the State of a container chassis that is registered

under the laws of another State.

"(c) Safety Regulation. - This section shall apply to

registration requirements only and shall not affect the ability of

the State to regulate for safety.

"(d) Penalties. - No State described in subsection (a), political

subdivision of such a State, or person may impose or collect any

fee, penalty, fine, or other form of damages which is based in

whole or in part upon the nonpayment of a State registration fee

(including related weight and licensing fees assessed as part of

registration) attributable to a container chassis operated in the

State (and registered in another State) before the date of

enactment of this Act [Oct. 21, 1998], unless it is shown by the

State, political subdivision, or person that such container chassis

was not operated in the State under a trip permit issued by the

State.

"(e) Container Chassis Defined. - In this section, the term

'container chassis' means a trailer, semi-trailer, or auxiliary

axle used exclusively for the transportation of ocean shipping

containers."

-End-

-CITE-

49 USC Secs. 31702, 31703 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART B - COMMERCIAL

CHAPTER 317 - PARTICIPATION IN INTERNATIONAL REGISTRATION PLAN AND

INTERNATIONAL FUEL TAX AGREEMENT

-HEAD-

[Secs. 31702, 31703. Repealed. Pub. L. 105-178, title IV, Sec.

4013, June 9, 1998, 112 Stat. 409]

-MISC1-

Section 31702, Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108

Stat. 1031, related to establishment and purposes of working group

of State and local government officials to propose procedures to

resolve disputes among States participating in the International

Registration Plan and in the International Fuel Tax Agreement.

Section 31703, Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108

Stat. 1032, related to grants to States and appropriate persons to

facilitate participation in the International Registration Plan and

in the International Fuel Tax Agreement.

-End-

-CITE-

49 USC Sec. 31704 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART B - COMMERCIAL

CHAPTER 317 - PARTICIPATION IN INTERNATIONAL REGISTRATION PLAN AND

INTERNATIONAL FUEL TAX AGREEMENT

-HEAD-

Sec. 31704. Vehicle registration

-STATUTE-

After September 30, 1996, a State that is not participating in

the International Registration Plan may not establish, maintain, or

enforce a commercial motor vehicle registration law, regulation, or

agreement that limits the operation in that State of a commercial

motor vehicle that is not registered under the laws of the State,

if the vehicle is registered under the laws of a State

participating in the Plan.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1032.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

31704 49:11506 (note). Dec. 18, 1991, Pub. L.

102-240, Sec. 4008(f), 105

Stat. 2154.

--------------------------------------------------------------------

The words "a State that is not participating in the International

Registration Plan may not" are substituted for "no State (other

than a State which is participating in the International

Registration Plan) shall" for consistency in the revised title and

to eliminate unnecessary words.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 31706, 31707 of this

title.

-End-

-CITE-

49 USC Sec. 31705 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART B - COMMERCIAL

CHAPTER 317 - PARTICIPATION IN INTERNATIONAL REGISTRATION PLAN AND

INTERNATIONAL FUEL TAX AGREEMENT

-HEAD-

Sec. 31705. Fuel use tax

-STATUTE-

(a) Reporting Requirements. - After September 30, 1996, a State

may establish, maintain, or enforce a law or regulation that has a

fuel use tax reporting requirement (including any tax reporting

form) only if the requirement conforms with the International Fuel

Tax Agreement.

(b) Payment. - After September 30, 1996, a State may establish,

maintain, or enforce a law or regulation that provides for the

payment of a fuel use tax only if the law or regulation conforms

with the International Fuel Tax Agreement as it applies to

collection of a fuel use tax by a single base State and

proportional sharing of fuel use taxes charged among the States

where a commercial motor vehicle is operated.

(c) Limitation. - If the International Fuel Tax Agreement is

amended, a State not participating in the Agreement when the

amendment is made is not subject to the conformity requirements of

subsections (a) and (b) of this section in regard to the amendment

until after a reasonable time, but not earlier than the expiration

of -

(1) the 365-day period beginning on the first day that States

participating in the Agreement are required to comply with the

amendment; or

(2) the 365-day period beginning on the day the relevant office

of the State receives written notice of the amendment from the

Secretary of Transportation.

(d) Nonapplication. - This section does not apply to a State that

was participating in the Regional Fuel Tax Agreement on January 1,

1991, and that continues to participate in that Agreement after

that date.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1032.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

31705 49:11506 (note). Dec. 18, 1991, Pub. L.

102-240, Sec. 4008(g), 105

Stat. 2154.

--------------------------------------------------------------------

In subsection (b), the words "as it applies to" are substituted

for "with respect to" for clarity.

In subsection (c), before clause (1), the words "a State not

participating in the Agreement when the amendment is made is not

subject to the conformity requirements of subsections (a) and (b)

of this section in regard to the amendment" are substituted for

"conformity by a State that is not participating in such Agreement

when such amendment is made may not be required with respect to

such amendment" for clarity.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 31706, 31707 of this

title.

-End-

-CITE-

49 USC Sec. 31706 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART B - COMMERCIAL

CHAPTER 317 - PARTICIPATION IN INTERNATIONAL REGISTRATION PLAN AND

INTERNATIONAL FUEL TAX AGREEMENT

-HEAD-

Sec. 31706. Enforcement

-STATUTE-

(a) Civil Actions. - On request of the Secretary of

Transportation, the Attorney General may bring a civil action in a

court of competent jurisdiction to enforce compliance with sections

31704 and 31705 of this title.

(b) Venue. - An action under this section may be brought only in

the State in which an order is required to enforce compliance.

(c) Relief. - Subject to section 1341 of title 28, the court, on

a proper showing -

(1) shall issue a temporary restraining order or a preliminary

or permanent injunction; and

(2) may require by the injunction that the State or any person

comply with sections 31704 and 31705 of this title.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1033.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

31706 49:11506 (note). Dec. 18, 1991, Pub. L.

102-240, Sec. 4008(h), 105

Stat. 2155.

--------------------------------------------------------------------

In subsection (a), the words "bring a civil action . . . to

enforce compliance" are substituted for "commence . . . a civil

action for such injunctive relief as may be appropriate to ensure

compliance" for consistency in the revised title and to eliminate

unnecessary words.

In subsection (b), the words "an order is required to enforce

compliance" are substituted for "relief is required to ensure such

compliance" for consistency in the revised title.

-End-

-CITE-

49 USC Sec. 31707 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART B - COMMERCIAL

CHAPTER 317 - PARTICIPATION IN INTERNATIONAL REGISTRATION PLAN AND

INTERNATIONAL FUEL TAX AGREEMENT

-HEAD-

Sec. 31707. Limitations on statutory construction

-STATUTE-

Sections 31704 and 31705 of this title do not limit the amount of

money a State may charge for registration of a commercial motor

vehicle or the amount of any fuel use tax a State may impose.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1033.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

31707 49:11506 (note). Dec. 18, 1991, Pub. L.

102-240, Sec. 4008(i), 105

Stat. 2155.

--------------------------------------------------------------------

-End-

-CITE-

49 USC Sec. 31708 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART B - COMMERCIAL

CHAPTER 317 - PARTICIPATION IN INTERNATIONAL REGISTRATION PLAN AND

INTERNATIONAL FUEL TAX AGREEMENT

-HEAD-

[Sec. 31708. Repealed. Pub. L. 105-178, title IV, Sec. 4013, June

9, 1998, 112 Stat. 409]

-MISC1-

Section, Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat.

1033, related to authorization of appropriations for working group

under section 31702 of this title and for grants under section

31703 of this title.

-End-

-CITE-

49 USC PART C - INFORMATION, STANDARDS, AND REQUIREMENTS 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART C - INFORMATION, STANDARDS, AND REQUIREMENTS

-HEAD-

PART C - INFORMATION, STANDARDS, AND REQUIREMENTS

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in title 15 section 2512; title 18

sections 511, 2721.

-End-