49 U.S.C. § 13902 : US Code - Section 13902: Registration of motor carriers

Search 49 U.S.C. § 13902 : US Code - Section 13902: Registration of motor carriers

      (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)(i) any safety regulations imposed by the Secretary;
          (ii) the duties of employers and employees established by the
        Secretary under section 31135; and
          (iii) the safety fitness requirements established by the
        Secretary under section 31144;
          (C) the accessibility requirements established by the
        Secretary under subpart H of part 37 of title 49, Code of
        Federal Regulations, or such successor regulations to those
        accessibility requirements as the Secretary may issue, for
        transportation provided by an over-the-road bus; and
          (D) the minimum financial responsibility requirements
        established by the Secretary pursuant to sections 13906 and
        31138.

        (2) Additional registration requirements for household goods
      motor carriers. - In addition to meeting the requirements of
      paragraph (1), the Secretary may register a person to provide
      transportation of household goods as a household goods motor
      carrier only after that person - 
          (A) provides evidence of participation in an arbitration
        program and provides a copy of the notice of the arbitration
        program as required by section 14708(b)(2);
          (B) identifies its tariff and provides a copy of the notice
        of the availability of that tariff for inspection as required
        by section 13702(c);
          (C) provides evidence that it has access to, has read, is
        familiar with, and will observe all applicable Federal laws
        relating to consumer protection, estimating, consumers' rights
        and responsibilities, and options for limitations of liability
        for loss and damage; and
          (D) discloses any relationship involving common stock, common
        ownership, common management, or common familial relationships
        between that person and any other motor carrier, freight
        forwarder, or broker of household goods within 3 years of the
        proposed date of registration.

        (3) 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 any applicable requirement of paragraph (1) or, in the case
      of a registrant to which paragraph (2) applies, paragraph (1) or
      (2).
        (4) Withholding. - If the Secretary determines that a
      registrant under this section does not meet, or is not able to
      meet, any requirement of paragraph (1) or, in the case of a
      registrant to which paragraph (2) applies, paragraph (1) or (2),
      the Secretary shall withhold registration.
        (5) 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 (including the accessibility requirements
      established by the Secretary under subpart H of part 37 of title
      49, Code of Federal Regulations, or such successor regulations to
      those accessibility requirements as the Secretary may issue, for
      transportation provided by an over-the-road bus), the safety
      regulations of the Secretary, or the safety fitness or minimum
      financial responsibility requirements of paragraph (1) of this
      subsection. In the case of a registration for the transportation
      of household goods as a household goods motor carrier, the
      Secretary may also hear a complaint on the ground that the
      registrant fails or will fail to comply with the requirements of
      paragraph (2) 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.
        (3) Termination. - This subsection shall cease to be in effect
      on the transition termination date.

      (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) Modification of Carrier Registration. - 
        (1) In general. - On and after the transition termination date,
      the Secretary - 
          (A) may not register a motor carrier under this section as a
        motor common carrier or a motor contract carrier;
          (B) shall register applicants under this section as motor
        carriers; and
          (C) shall issue any motor carrier registered under this
        section after that date a motor carrier certificate of
        registration that specifies whether the holder of the
        certificate may provide transportation of persons, household
        goods, other property, or any combination thereof.

        (2) Pre-existing certificates and permits. - The Secretary
      shall redesignate any motor carrier certificate or permit issued
      before the transition termination date as a motor carrier
      certificate of registration. On and after the transition
      termination date, any person holding a motor carrier certificate
      of registration redesignated under this paragraph may provide
      both contract carriage (as defined in section 13102(4)(B)) and
      transportation under terms and conditions meeting the
      requirements of section 13710(a)(1). The Secretary may not,
      pursuant to any regulation or form issued before or after the
      transition termination date, make any distinction among holders
      of motor carrier certificates of registration on the basis of
      whether the holder would have been classified as a common carrier
      or as a contract carrier under - 
          (A) subsection (d) of this section, as that section was in
        effect before the transition termination date; or
          (B) any other provision of this title that was in effect
        before the transition termination date.

        (3) Transition termination date defined. - In this section, the
      term "transition termination date" means the first day of January
      occurring more than 12 months after the date of enactment of the
      Unified Carrier Registration Act of 2005.

      (g) Motor Carrier Defined. - In this section and sections 13905
    and 13906, the term "motor carrier" includes foreign motor private
    carriers.