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Legal corpus: the complete U.S. Code (59,740 sections, all 53 titles)

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Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code
now, uniform edition; Title 53 is reserved/empty). LegalText 11,221 ->
59,740; repo total 105,704 records. Deterministic (byte-identical rerun,
verified on Title 42's 8,356 sections); make check green. make
legal-us-code default now covers every title.

Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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2026-07-06 10:51:44 -04:00
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legal/us/code/title-49/chapter-139/section-13901.md
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---
type: "LegalText"
title: "49 U.S.C. § 13901"
description: "Requirements for registration"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 49
title_name: "TRANSPORTATION"
chapter_number: "139"
chapter_name: "REGISTRATION"
section: "13901"
citation: "49 U.S.C. § 13901"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc49@119-100.zip"
source_identifier: "/us/usc/t49/s13901"
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tags: ["legal", "us-code"]
---
# 49 U.S.C. § 13901 - Requirements for registration
## Text
(a) In General.— A person may provide transportation as a motor carrier subject to jurisdiction under subchapter I of chapter 135 or service as a freight forwarder subject to jurisdiction under subchapter III of such chapter, or service as a broker for transportation subject to jurisdiction under subchapter I of such chapter only if the person is registered under this chapter to provide such transportation or service.
(b) Registration Numbers.— (1) In general.— If the Secretary registers a person under this chapter to provide transportation or service, including as a motor carrier, freight forwarder, or broker, the Secretary shall issue a distinctive registration number to the person for each such authority to provide transportation or service for which the person is registered.
(2) Transportation or service type indicator.— A number issued under paragraph (1) shall include an indicator of the type of transportation or service for which the registration number is issued, including whether the registration number is issued for registration of a motor carrier, freight forwarder, or broker.
(c) Specification of Authority.— For each agreement to provide transportation or service for which registration is required under this chapter, the registrant shall specify, in writing, the authority under which the person is providing such transportation or service.
(Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995, 109 Stat. 879; amended Pub. L. 112–141, div. C, title II, § 32914(a), July 6, 2012, 126 Stat. 819.)
## Notes
Editorial Notes
Amendments2012—Pub. L. 112–141 amended section generally. Prior to amendment, section read as follows: “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.”
Statutory Notes and Related Subsidiaries
Effective Date of 2012 AmendmentAmendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
Effective DateSection 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 1301 of this title.
legal/us/code/title-49/chapter-139/section-13902.md
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legal/us/code/title-49/chapter-139/section-13903.md
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---
type: "LegalText"
title: "49 U.S.C. § 13903"
description: "Registration of freight forwarders"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 49
title_name: "TRANSPORTATION"
chapter_number: "139"
chapter_name: "REGISTRATION"
section: "13903"
citation: "49 U.S.C. § 13903"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc49@119-100.zip"
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tags: ["legal", "us-code"]
---
# 49 U.S.C. § 13903 - Registration of freight forwarders
## Text
(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 determines that the person—
(1) has sufficient experience to qualify the person to act as a freight forwarder; and
(2) is fit, willing, and able to provide the service and to comply with this part and applicable regulations of the Secretary.
(b) Duration.— A registration issued under subsection (a) shall only remain in effect while the freight forwarder is in compliance with section 13906(c).
(c) Experience or Training Requirement.— Each freight forwarder shall employ, as an officer, an individual who—
(1) has at least 3 years of relevant experience; or
(2) provides the Secretary with satisfactory evidence of the individual’s knowledge of related rules, regulations, and industry practices.
(d) Registration as Motor Carrier Required.— A freight forwarder may not provide transportation as a motor carrier unless the freight forwarder has registered separately under this chapter to provide transportation as a motor carrier.
(e) Update of Registration.— The Secretary shall require a freight forwarder to update its registration under this section not later than 30 days after a change in the freight forwarder’s address, other contact information, officers, process agent, or other essential information, as determined by the Secretary.
(Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995, 109 Stat. 884; amended Pub. L. 109–59, title IV, § 4142(b), Aug. 10, 2005, 119 Stat. 1747; Pub. L. 110–244, title III, § 305(d), June 6, 2008, 122 Stat. 1620; Pub. L. 112–141, div. C, title II, §§ 32107(b), 32916(a), July 6, 2012, 126 Stat. 782, 820; Pub. L. 114–94, div. A, title V, § 5508(a)(2), Dec. 4, 2015, 129 Stat. 1554.)
## Notes
Editorial Notes
Amendments2015—Subsec. (d). Pub. L. 114–94 struck out par. (1) designation and heading before “A freight forwarder”. 2012—Subsec. (a). Pub. L. 112–141, § 32916(a)(1), substituted “determines that the person—” for “finds that the person is fit”, added par. (1), inserted par. (2) designation and “is fit” before “, willing”, and, in par. (2), struck out “and the Board” after “Secretary”. Subsec. (b). Pub. L. 112–141, § 32916(a)(3), added subsec. (b). Former subsec. (b) redesignated (d). Subsec. (c). Pub. L. 112–141, § 32916(a)(3), added subsec. (c). Former subsec. (c) redesignated (e). Pub. L. 112–141, § 32107(b), added subsec. (c). Subsec. (d). Pub. L. 112–141, § 32916(a)(4), amended subsec. (d) generally. Prior to amendment, text read as follows: “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.” Pub. L. 112–141, § 32916(a)(2), redesignated subsec. (b) as (d). Subsec. (e). Pub. L. 112–141, § 32916(a)(2), redesignated subsec. (c) as (e). 2008—Subsec. (a). Pub. L. 110–244 amended subsec. (a) generally. Prior to amendment, text read as follows: “(1) Household goods.—The Secretary shall register a person to provide service subject to jurisdiction under subchapter III of chapter 135 as a freight forwarder of household goods 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. “(2) Others.—The Secretary may register a person to provide service subject to jurisdiction under subchapter III of chapter 135 as a freight forwarder (other than a freight forwarder of household goods) if the Secretary finds that such registration is needed for the protection of shippers and 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 Board.” 2005—Subsec. (a). Pub. L. 109–59 designated existing provisions as par. (1) and inserted heading, inserted “of household goods” after “freight forwarder”, and added par. (2).
Statutory Notes and Related Subsidiaries
Effective Date of 2015 AmendmentAmendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.
Effective Date of 2012 AmendmentAmendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
Effective DateSection 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 1301 of this title.
Financial Responsibility RequirementsPub. L. 112–141, div. C, title II, § 32104, July 6, 2012, 126 Stat. 780, provided that: “Not later than 6 months after the date of enactment of this Act [see section 3(a), (b) of Pub. L. 112–141, set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of Title 23, Highways], and every 4 years thereafter, the Secretary shall— “(1) issue a report on the appropriateness of—“(A) the current minimum financial responsibility requirements under sections 31138 and 31139 of title 49, United States Code; and “(B) the current bond and insurance requirements under sections 13904(f), 13903, and 13906 of title 49, United States Code; and “(2) submit the report issued under paragraph (1) to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.”
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---
type: "LegalText"
title: "49 U.S.C. § 13904"
description: "Registration of brokers"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 49
title_name: "TRANSPORTATION"
chapter_number: "139"
chapter_name: "REGISTRATION"
section: "13904"
citation: "49 U.S.C. § 13904"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc49@119-100.zip"
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confidence: "official"
tags: ["legal", "us-code"]
---
# 49 U.S.C. § 13904 - Registration of brokers
## Text
(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 determines that the person—
(1) has sufficient experience to qualify the person to act as a broker for transportation; and
(2) is fit, willing, and able to be a broker for transportation and to comply with this part and applicable regulations of the Secretary.
(b) Duration.— A registration issued under subsection (a) shall only remain in effect while the broker for transportation is in compliance with section 13906(b).
(c) Experience or Training Requirements.— Each broker shall employ, as an officer, an individual who—
(1) has at least 3 years of relevant experience; or
(2) provides the Secretary with satisfactory evidence of the individual’s knowledge of related rules, regulations, and industry practices.
(d) Registration as Motor Carrier Required.— (1) In general.— A broker for transportation may not provide transportation as a motor carrier unless the broker has registered separately under this chapter to provide transportation as a motor carrier.
(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.
(e) Regulation to Protect Motor Carriers and Shippers.— Regulations of the Secretary applicable to brokers registered under this section shall provide for the protection of motor carriers and shippers by motor vehicle.
(f) 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.
(g) Update of Registration.— The Secretary shall require a broker to update its registration under this section not later than 30 days after a change in the broker’s address, other contact information, officers, process agent, or other essential information, as determined by the Secretary.
(Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995, 109 Stat. 884; amended Pub. L. 109–59, title IV, § 4142(c), Aug. 10, 2005, 119 Stat. 1747; Pub. L. 110–244, title III, § 305(e), June 6, 2008, 122 Stat. 1620; Pub. L. 112–141, div. C, title II, §§ 32107(c), 32916(b), July 6, 2012, 126 Stat. 782, 821.)
## Notes
Editorial Notes
Amendments2012—Subsec. (a). Pub. L. 112–141, § 32916(b)(1), substituted “determines that the person—” for “finds that the person is fit”, added par. (1), and inserted par. (2) designation and “is fit” before “, willing”. Subsecs. (b), (c). Pub. L. 112–141, § 32916(b)(3), added subsecs. (b) and (c). Former subsecs. (b) and (c) redesignated (d) and (e), respectively. Subsec. (d). Pub. L. 112–141, § 32916(b)(4), amended subsec. (d) generally. Prior to amendment, text read as follows: “(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.” Pub. L. 112–141, § 32916(b)(2), redesignated subsec. (b) as (d). Former subsec. (d) redesignated (f). Subsec. (e). Pub. L. 112–141, § 32916(b)(5), amended subsec. (e) generally. Prior to amendment, text read as follows: “Regulations of the Secretary applicable to brokers registered under this section shall provide for the protection of shippers by motor vehicle.” Pub. L. 112–141, § 32916(b)(2), redesignated subsec. (c) as (e). Former subsec. (e) redesignated (g). Pub. L. 112–141, § 32107(c), added subsec. (e). Subsecs. (f), (g). Pub. L. 112–141, § 32916(b)(2), redesignated subsecs. (d) and (e) as (f) and (g), respectively. 2008—Subsec. (a). Pub. L. 110–244 amended subsec. (a) generally. Prior to amendment, text read as follows: “(1) Household Goods.—The Secretary shall register, subject to section 13906(b), a person to be a broker of household goods 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 of household goods for transportation and to comply with this part and applicable regulations of the Secretary. “(2) Others.—The Secretary may register a person to provide service subject to jurisdiction under subchapter III of chapter 135 as a broker (other than a broker of household goods) if the Secretary finds that such registration is needed for the protection of shippers and 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 Board.” 2005—Subsec. (a). Pub. L. 109–59, § 4142(c)(1), (3), designated existing provisions as par. (1), inserted heading, and added par. (2). Subsec. (a)(1). Pub. L. 109–59, § 4142(c)(2), which directed amendment of par. (1) by inserting “of household goods” after “broker”, was executed by making the insertion in two places to reflect the probable intent of Congress.
Statutory Notes and Related Subsidiaries
Effective Date of 2012 AmendmentAmendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
Effective DateSection 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 1301 of this title.
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---
type: "LegalText"
title: "49 U.S.C. § 13905"
description: "Effective periods of registration"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 49
title_name: "TRANSPORTATION"
chapter_number: "139"
chapter_name: "REGISTRATION"
section: "13905"
citation: "49 U.S.C. § 13905"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc49@119-100.zip"
source_identifier: "/us/usc/t49/s13905"
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tags: ["legal", "us-code"]
---
# 49 U.S.C. § 13905 - Effective periods of registration
## Text
(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) Person Registered With Secretary.— (1) In general.— Except as provided in paragraph (2), any person having registered with the Secretary to provide transportation or service as a motor carrier or motor private carrier under this title, as in effect on January 1, 2005, but not having registered pursuant to section 13902(a), shall be treated, for purposes of this part, to be registered to provide such transportation or service for purposes of sections 13908 and 14504a.
(2) Exclusively intrastate operators.— Paragraph (1) does not apply to a motor carrier or motor private carrier (including a transporter of waste or recyclable materials) engaged exclusively in intrastate transportation operations.
(c) Effective Period.— (1) In general.— Except as otherwise provided in this part, each registration issued under section 13902, 13903, or 13904—
(A) shall be effective beginning on the date specified by the Secretary; and
(B) shall remain in effect for such period as the Secretary determines appropriate by regulation.
(2) Reissuance of registration.— (A) Requirement.— Not later than 4 years after the date of enactment of the Commercial Motor Vehicle Safety Enhancement Act of 2012, the Secretary shall require a freight forwarder or broker to renew its registration issued under this chapter.
(B) Effective period.— Each registration renewal under subparagraph (A)—
(i) shall expire not later than 5 years after the date of such renewal; and
(ii) may be further renewed as provided under this chapter.
(d) Suspension, Amendments, and Revocations.— (1) Applications.— On application of the registrant, the Secretary may amend or revoke a registration.
(2) Complaints and actions on secretary’s own initiative.— 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, foreign motor carrier, foreign motor private carrier, broker, or freight forwarder for willful failure to comply with—
(i) this part;
(ii) an applicable regulation or order of the Secretary or the Board, including the accessibility requirements established by the Secretary under subpart H of part 37 of title 49, Code of Federal Regulations (or successor regulations), for transportation provided by an over-the-road bus; or
(iii) a condition of its registration;
(B) withhold, suspend, amend, or revoke any part of the registration of a motor carrier, foreign motor carrier, foreign motor private carrier, broker, or freight forwarder for failure—
(i) to pay a civil penalty imposed under chapter 5, 51, 149, or 311;
(ii) to arrange and abide by an acceptable payment plan for such civil penalty, not later than 90 days after the date specified by order of the Secretary for the payment of such penalty; or
(iii) for failure 11 So in original. The words “for failure” probably should not appear. to obey a subpoena issued by the Secretary;
(C) withhold, suspend, amend, or revoke any part of a registration of a motor carrier, foreign motor carrier, foreign motor private carrier, broker, or freight forwarder following a determination by the Secretary that the motor carrier, broker, or freight forwarder failed to disclose, in its application for registration, a material fact relevant to its willingness and ability to comply with—
(i) this part;
(ii) an applicable regulation or order of the Secretary or the Board; or
(iii) a condition of its registration; or
(D) withhold, suspend, amend, or revoke any part of a registration of a motor carrier, foreign motor carrier, foreign motor private carrier, broker, or freight forwarder if the Secretary finds that the motor carrier, broker, or freight forwarder does not disclose any relationship through common ownership, common management, common control, or common familial relationship to any other motor carrier, broker, or freight forwarder, or any other applicant for motor carrier, broker, or freight forwarder registration that the Secretary determines is or was unwilling or unable to comply with the relevant requirements listed in section 13902, 13903, or 13904.
(3) Limitation.— Paragraph (2)(B) shall not apply to a person who is unable to pay a civil penalty because the person is a debtor in a case under chapter 11 of title 11.
(4) 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 (2)(B).
(e) Procedure.— Except on application of the registrant, or if the Secretary determines that the registrant failed to disclose a material fact in an application for registration in accordance with subsection (d)(2)(C), 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.
(f) Expedited Procedure.— (1) Protection of safety.— Notwithstanding subchapter II of chapter 5 of title 5, the Secretary—
(A) may suspend the registration of a motor carrier, a freight forwarder, or a broker for failure to comply with requirements of the Secretary pursuant to section 13904(e) or 13906 or an order or regulation of the Secretary prescribed under those sections; and
(B) shall revoke the registration of a motor carrier that has been prohibited from operating in interstate commerce for failure to comply with the safety fitness requirements of section 31144.
(2) Imminent hazard to public health.— Notwithstanding subchapter II of chapter 5 of title 5, the Secretary shall revoke the registration of a motor carrier if the Secretary finds that the carrier is or was conducting unsafe operations that are or were an imminent hazard to public health or property.
(3) Notice; period of suspension.— The Secretary may suspend or revoke under this subsection the registration only after giving notice of the suspension or revocation to the registrant. A suspension remains in effect until the registrant complies with the applicable sections or, in the case of a suspension under paragraph (2), until the Secretary revokes the suspension.
(g) Mexico-Domiciled Motor Carriers.— Notwithstanding any other provision of this section, upon an order in accordance with section 324(a) of the United States-Mexico-Canada Agreement Implementation Act, the Secretary shall carry out the relief specified by revoking or imposing limitations on existing registrations of Mexico-domiciled motor carriers of cargo to operate beyond the municipalities along the United States-Mexico international border and the commercial zones of those municipalities as directed.
(Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995, 109 Stat. 884; amended Pub. L. 104–287, § 5(33), Oct. 11, 1996, 110 Stat. 3392; Pub. L. 105–102, § 2(10), Nov. 20, 1997, 111 Stat. 2204; Pub. L. 106–159, title II, § 206(a), Dec. 9, 1999, 113 Stat. 1763; Pub. L. 109–59, title IV, §§ 4104, 4303(a), Aug. 10, 2005, 119 Stat. 1716, 1761; Pub. L. 110–291, § 2(b), July 30, 2008, 122 Stat. 2915; Pub. L. 112–141, div. C, title II, §§ 32103(a), 32109, 32205, 32917, 32933(a), July 6, 2012, 126 Stat. 778, 782, 785, 821, 830; Pub. L. 114–94, div. A, title V, § 5508(a)(3), Dec. 4, 2015, 129 Stat. 1554; Pub. L. 116–113, title III, § 326(b), Jan. 29, 2020, 134 Stat. 60.)
## Notes
Historical and Revision Notes
Pub. L. 104–287This amends 49:13905(a) for clarity and consistency.
Pub. L. 105–102This amends 49:13905(e)(1) to correct a grammatical error.
Editorial Notes
References in TextThe date of enactment of the Commercial Motor Vehicle Safety Enhancement Act of 2012, referred to in subsec. (c)(2)(A), is the date of enactment of title II of div. C of Pub. L. 112–141, which was approved July 6, 2012. The date of the enactment of this paragraph, referred to in subsec. (d)(4), is the date of enactment of Pub. L. 106–159, which was approved Dec. 9, 1999. Section 324(a) of the United States-Mexico-Canada Agreement Implementation Act, referred to in subsec. (g), is classified to section 4574(a) of Title 19, Customs Duties.
Amendments2020—Subsec. (g). Pub. L. 116–113 added subsec. (g). 2015—Subsec. (d)(2)(D). Pub. L. 114–94 substituted “the Secretary finds that” for “the Secretary finds that—”, struck out cl. (i) designation before “the motor carrier,”, and inserted period at end. 2012—Subsec. (c). Pub. L. 112–141, § 32917, amended subsec. (c) generally. Prior to amendment, text read as follows: “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.” Subsec. (d)(1). Pub. L. 112–141, § 32103(a)(1)(B), added par. (1) and struck out former par. (1) which authorized the Secretary to amend or revoke a registration upon application, or suspend, amend or revoke a registration upon complaint or the Secretary’s own initiative after notice and opportunity for a proceeding. Subsec. (d)(2). Pub. L. 112–141, § 32205, inserted “foreign motor carrier, foreign motor private carrier,” after “registration of a motor carrier,” wherever appearing. Pub. L. 112–141, § 32103(a)(1)(B), added par. (2). Former par. (2) redesignated (4). Subsec. (d)(3). Pub. L. 112–141, § 32103(a)(1)(B), added par. (3). Subsec. (d)(4). Pub. L. 112–141, § 32103(a)(1)(C), substituted “paragraph (2)(B)” for “paragraph (1)(B)”. Pub. L. 112–141, § 32103(a)(1)(A), redesignated par. (2) as (4). Subsec. (e). Pub. L. 112–141, § 32103(a)(2), inserted “or if the Secretary determines that the registrant failed to disclose a material fact in an application for registration in accordance with subsection (d)(2)(C),” after “registrant,”. Subsec. (f)(1)(A). Pub. L. 112–141, § 32933(a), substituted “section 13904(e)” for “section 13904(c)”. Subsec. (f)(2). Pub. L. 112–141, § 32109, amended par. (2) generally. Prior to amendment, text read as follows: “Without regard to subchapter II of chapter 5 of title 5, the Secretary shall revoke the 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.” 2008—Subsec. (d)(1)(A). Pub. L. 110–291 inserted “(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)” after “Board”. 2005—Subsecs. (b) to (d). Pub. L. 109–59, § 4303(a), added subsec. (b) and redesignated former subsecs. (b) and (c) as (c) and (d), respectively. Former subsec. (d) redesignated (e). Subsec. (e). Pub. L. 109–59, § 4303(a)(1), redesignated subsec. (d) as (e). Former subsec. (e) redesignated (f). Subsec. (e)(1). Pub. L. 109–59, § 4104(1), added par. (1) and struck out heading and text of former par. (1). Text read as follows: “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.” Subsec. (e)(2). Pub. L. 109–59, § 4104(2), substituted “shall revoke the registration” for “may suspend a registration”. Subsec. (e)(3). Pub. L. 109–59, § 4104(3), added par. (3) and struck out heading and text of former par. (3). Text read as follows: “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.” Subsec. (f). Pub. L. 109–59, § 4303(a)(1), redesignated subsec. (e) as (f). 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”.
Statutory Notes and Related Subsidiaries
Effective Date of 2015 AmendmentAmendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.
Effective Date of 2012 AmendmentAmendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
Effective DateSection 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 1301 of this title.
Relationship to Other LawsExcept as provided in sections 14504, 14504a, and 14506 of this title, subtitle C (§§ 4301–4308) of title IV of Pub. L. 109–59 is not intended to prohibit any State or any political subdivision of any State from enacting, imposing, or enforcing any law or regulation with respect to a motor carrier, motor private carrier, broker, freight forwarder, or leasing company that is not otherwise prohibited by law, see section 4302 of Pub. L. 109–59, set out as a note under section 13902 of this title.
legal/us/code/title-49/chapter-139/section-13906.md
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# 49 U.S.C. § 13906 - Security of motor carriers, motor private carriers, brokers, and freight forwarders
## Text
(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) 11 See References in Text note below. 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) Security requirement.— Not later than 120 days after the date of enactment of the Unified Carrier Registration Act of 2005, any person, other than a motor private carrier, registered with the Secretary to provide transportation or service as a motor carrier under section 13905(b) shall file with the Secretary a bond, insurance policy, or other type of security approved by the Secretary, in an amount not less than required by sections 31138 and 31139.
(3) 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.
(4) 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 Financial Security Requirements.— (1) Requirements.— (A) In general.— The Secretary may register a person as a broker under section 13904 only if the person files with the Secretary a surety bond, proof of trust fund, or other financial security, or a combination thereof, in a form and amount, and from a provider, determined by the Secretary to be adequate to ensure financial responsibility.
(B) Use of a group surety bond, trust fund, or other surety.— In implementing the standards established by subparagraph (A), the Secretary may authorize the use of a group surety bond, trust fund, or other financial security, or a combination thereof, that meets the requirements of this subsection.
(C) Proof of trust or other financial security.— For purposes of subparagraph (A), a trust fund or other financial security may be acceptable to the Secretary only if the trust fund or other financial security consists of assets readily available to pay claims without resort to personal guarantees or collection of pledged accounts receivable.
(2) Scope of financial responsibility.— (A) Payment of claims.— A surety bond, trust fund, or other financial security obtained under paragraph (1) shall be available to pay any claim against a broker arising from its failure to pay freight charges under its contracts, agreements, or arrangements for transportation subject to jurisdiction under chapter 135 if—
(i) subject to the review by the surety provider, the broker consents to the payment;
(ii) in any case in which the broker does not respond to adequate notice to address the validity of the claim, the surety provider determines that the claim is valid; or
(iii) the claim is not resolved within a reasonable period of time following a reasonable attempt by the claimant to resolve the claim under clauses (i) and (ii), and the claim is reduced to a judgment against the broker.
(B) Response of surety providers to claims.— If a surety provider receives notice of a claim described in subparagraph (A), the surety provider shall—
(i) respond to the claim on or before the 30th day following the date on which the notice was received; and
(ii) in the case of a denial, set forth in writing for the claimant the grounds for the denial.
(C) Costs and attorney’s fees.— In any action against a surety provider to recover on a claim described in subparagraph (A), the prevailing party shall be entitled to recover its reasonable costs and attorney’s fees.
(3) Minimum financial security.— Each broker subject to the requirements of this section shall provide financial security of $75,000 for purposes of this subsection, regardless of the number of branch offices or sales agents of the broker.
(4) Cancellation notice.— If a financial security required under this subsection is canceled—
(A) the holder of the financial security shall provide electronic notification to the Secretary of the cancellation not later than 30 days before the effective date of the cancellation; and
(B) the Secretary shall immediately post such notification on the public Internet Website of the Department of Transportation.
(5) Suspension.— The Secretary shall immediately suspend the registration of a broker issued under this chapter if the available financial security of that person falls below the amount required under this subsection.
(6) Payment of claims in cases of financial failure or insolvency.— If a broker registered under this chapter experiences financial failure or insolvency, the surety provider of the broker shall—
(A) submit a notice to cancel the financial security to the Administrator in accordance with paragraph (4);
(B) publicly advertise for claims for 60 days beginning on the date of publication by the Secretary of the notice to cancel the financial security; and
(C) pay, not later than 30 days after the expiration of the 60-day period for submission of claims—
(i) all uncontested claims received during such period; or
(ii) a pro rata share of such claims if the total amount of such claims exceeds the financial security available.
(7) Penalties.— (A) Civil actions.— Either the Secretary or the Attorney General of the United States may bring a civil action in an appropriate district court of the United States to enforce the requirements of this subsection or a regulation prescribed or order issued under this subsection. The court may award appropriate relief, including injunctive relief.
(B) Civil penalties.— If the Secretary determines, after notice and opportunity for a hearing, that a surety provider of a broker registered under this chapter has violated the requirements of this subsection or a regulation prescribed under this subsection, the surety provider shall be liable to the United States for a civil penalty in an amount not to exceed $10,000.
(C) Eligibility.— If the Secretary determines, after notice and opportunity for a hearing, that a surety provider of a broker registered under this chapter has violated the requirements of this subsection or a regulation prescribed under this subsection, the surety provider shall be ineligible to provider 22 So in original. Probably should be “provide”. broker financial security for 3 years.
(8) Deduction of costs prohibited.— The amount of the financial security required under this subsection may not be reduced by deducting attorney’s fees or administrative costs.
(c) Freight Forwarder Financial Security Requirements.— (1) Requirements.— (A) In general.— The Secretary may register a person as a freight forwarder under section 13903 only if the person files with the Secretary a surety bond, proof of trust fund, other financial security, or a combination of such instruments, in a form and amount, and from a provider, determined by the Secretary to be adequate to ensure financial responsibility.
(B) Use of a group surety bond, trust fund, or other financial security.— In implementing the standards established under subparagraph (A), the Secretary may authorize the use of a group surety bond, trust fund, other financial security, or a combination of such instruments, that meets the requirements of this subsection.
(C) Surety bonds.— A surety bond obtained under this section may only be obtained from a bonding company that has been approved by the Secretary of the Treasury.
(D) Proof of trust or other financial security.— For purposes of subparagraph (A), a trust fund or other financial security may not be accepted by the Secretary unless the trust fund or other financial security consists of assets readily available to pay claims without resort to personal guarantees or collection of pledged accounts receivable.
(2) Scope of financial responsibility.— (A) Payment of claims.— A surety bond, trust fund, or other financial security obtained under paragraph (1) shall be available to pay any claim against a freight forwarder arising from its failure to pay freight charges under its contracts, agreements, or arrangements for transportation subject to jurisdiction under chapter 135 if—
(i) subject to the review by the surety provider, the freight forwarder consents to the payment;
(ii) in the case 33 So in original. the freight forwarder does not respond to adequate notice to address the validity of the claim, the surety provider determines the claim is valid; or
(iii) the claim—
(I) is not resolved within a reasonable period of time following a reasonable attempt by the claimant to resolve the claim under clauses (i) and (ii); and
(II) is reduced to a judgment against the freight forwarder.
(B) Response of surety providers to claims.— If a surety provider receives notice of a claim described in subparagraph (A), the surety provider shall—
(i) respond to the claim on or before the 30th day following receipt of the notice; and
(ii) in the case of a denial, set forth in writing for the claimant the grounds for the denial.
(C) Costs and attorney’s fees.— In any action against a surety provider to recover on a claim described in subparagraph (A), the prevailing party shall be entitled to recover its reasonable costs and attorney’s fees.
(3) Freight forwarder insurance.— (A) In general.— The Secretary may register a person as a freight forwarder under section 13903 only if the person files with the Secretary a surety bond, insurance policy, or other type of financial security that meets standards prescribed by the Secretary.
(B) Liability insurance.— A financial security filed by a freight forwarder under subparagraph (A) shall be sufficient to pay an amount, not to exceed the amount of the financial 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 subparagraph (C)), resulting from the negligent operation, maintenance, or use of motor vehicles by, or under the direction and control of, the freight forwarder while providing transfer, collection, or delivery service under this part.
(C) Cargo insurance.— The Secretary may require a registered freight forwarder to file with the Secretary a surety bond, insurance policy, or other type of financial security approved by the Secretary, that will pay an amount, not to exceed the amount of the financial security, for loss of, or damage to, property for which the freight forwarder provides service.
(4) Minimum financial security.— Each freight forwarder subject to the requirements of this section shall provide financial security of $75,000, regardless of the number of branch offices or sales agents of the freight forwarder.
(5) Cancellation notice.— If a financial security required under this subsection is canceled—
(A) the holder of the financial security shall provide electronic notification to the Secretary of the cancellation not later than 30 days before the effective date of the cancellation; and
(B) the Secretary shall immediately post such notification on the public Internet web site of the Department of Transportation.
(6) Suspension.— The Secretary shall immediately suspend the registration of a freight forwarder issued under this chapter if its available financial security falls below the amount required under this subsection.
(7) Payment of claims in cases of financial failure or insolvency.— If a freight forwarder registered under this chapter experiences financial failure or insolvency, the surety provider of the freight forwarder shall—
(A) submit a notice to cancel the financial security to the Administrator in accordance with paragraph (5);
(B) publicly advertise for claims for 60 days beginning on the date of publication by the Secretary of the notice to cancel the financial security; and
(C) pay, not later than 30 days after the expiration of the 60-day period for submission of claims—
(i) all uncontested claims received during such period; or
(ii) a pro rata share of such claims if the total amount of such claims exceeds the financial security available.
(8) Penalties.— (A) 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 the requirements of this subsection or a regulation prescribed or order issued under this subsection. The court may award appropriate relief, including injunctive relief.
(B) Civil penalties.— If the Secretary determines, after notice and opportunity for a hearing, that a surety provider of a freight forwarder registered under this chapter has violated the requirements of this subsection or a regulation prescribed under this subsection, the surety provider shall be liable to the United States for a civil penalty in an amount not to exceed $10,000.
(C) Eligibility.— If the Secretary determines, after notice and opportunity for a hearing, that a surety provider of a freight forwarder registered under this chapter has violated the requirements of this subsection or a regulation prescribed under this subsection, the surety provider shall be ineligible to provide freight forwarder financial security for 3 years
(9) Deduction of costs prohibited.— The amount of the financial security required under this subsection may not be reduced by deducting attorney’s fees or administrative costs.
(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 or suspend 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.
(Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995, 109 Stat. 885; amended Pub. L. 104–287, § 5(34), Oct. 11, 1996, 110 Stat. 3392; Pub. L. 109–59, title IV, § 4303(b), (d)(1), Aug. 10, 2005, 119 Stat. 1762, 1763; Pub. L. 112–141, div. C, title II, § 32918(a), July 6, 2012, 126 Stat. 822; Pub. L. 114–94, div. A, title V, § 5201, Dec. 4, 2015, 129 Stat. 1534.)
## Notes
Editorial Notes
References in TextParagraph (3) of this subsection, referred to in subsec. (a)(1), was redesignated as paragraph (4) of subsec. (a) of this section by Pub. L. 109–59, title IV, § 4303(b)(1), Aug. 10, 2005, 119 Stat. 1762. The date of enactment of the Unified Carrier Registration Act of 2005, referred to in subsec. (a)(2), is the date of enactment of subtitle C of title IV of Pub. L. 109–59, which was approved Aug. 10, 2005.
Amendments2015—Subsec. (e). Pub. L. 114–94 inserted “or suspend” after “revoke”. 2012—Subsecs. (b), (c). Pub. L. 112–141 added subsecs. (b) and (c) and struck out former subsecs. (b) and (c) which related to broker requirements and freight forwarder requirements, respectively. 2005—Pub. L. 109–59, § 4303(d)(1), inserted “motor private carriers,” after “motor carriers,” in section catchline. Subsec. (a)(2) to (4). Pub. L. 109–59, § 4303(b), added par. (2) and redesignated former pars. (2) and (3) as (3) and (4), respectively. 1996—Subsec. (d). Pub. L. 104–287 substituted “January 1, 1996,” for “the effective date of this section”.
Statutory Notes and Related Subsidiaries
Effective Date of 2015 AmendmentAmendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.
Effective Date of 2012 AmendmentPub. L. 112–141, div. C, title II, § 32918(c), July 6, 2012, 126 Stat. 826, provided that: “The amendments made by subsection (a) [amending this section] shall take effect on the date that is 1 year after the date of enactment of this Act [see section 3(a), (b) of Pub. L. 112–141, set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of Title 23, Highways].”
Effective DateSection 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 1301 of this title.
RegulationsPub. L. 112–141, div. C, title II, § 32918(b), July 6, 2012, 126 Stat. 826, provided that: “Not later than 1 year after the date of enactment of this Act [see section 3(a), (b) of Pub. L. 112–141, set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of Title 23, Highways], the Secretary [of Transportation] shall issue regulations to implement and enforce the requirements under subsections (b) and (c) of section 13906 of title 49, United States Code, as amended by subsection (a).”
Relationship to Other LawsExcept as provided in sections 14504, 14504a, and 14506 of this title, subtitle C (§§ 4301–4308) of title IV of Pub. L. 109–59 is not intended to prohibit any State or any political subdivision of any State from enacting, imposing, or enforcing any law or regulation with respect to a motor carrier, motor private carrier, broker, freight forwarder, or leasing company that is not otherwise prohibited by law, see section 4302 of Pub. L. 109–59, set out as a note under section 13902 of this title.
Self-Insurance RulesPub. L. 104–88, title I, § 104(h), Dec. 29, 1995, 109 Stat. 920, 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 1301 of this title.]
legal/us/code/title-49/chapter-139/section-13907.md
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# 49 U.S.C. § 13907 - Household goods agents
## Text
(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.
(Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995, 109 Stat. 887; amended Pub. L. 104–287, § 5(35), Oct. 11, 1996, 110 Stat. 3392.)
## Notes
Historical and Revision Notes
Pub. L. 104–287This amends 49:13907(e)(1) and (2) for clarity and consistency.
Editorial Notes
References in TextSection 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, § 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, § 102(a), Dec. 29, 1995, 109 Stat. 804, effective Jan. 1, 1996.
Prior ProvisionsProvisions 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, § 102(a).
Amendments1996—Subsec. (e)(1). Pub. L. 104–287, § 5(35)(A), substituted “December 31, 1995” for “the day before the effective date of this section”. Subsec. (e)(2). Pub. L. 104–287, § 5(35)(B), substituted “December 31, 1995” for “the day before such effective date”.
Statutory Notes and Related Subsidiaries
Effective DateSection 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 1301 of this title.
Abolition of Interstate Commerce Commission Interstate Commerce Commission abolished by section 101 of Pub. L. 104–88, set out as a note under section 1301 of this title.
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type: "LegalText"
title: "49 U.S.C. § 13908"
description: "Registration and other reforms"
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title_number: 49
title_name: "TRANSPORTATION"
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---
# 49 U.S.C. § 13908 - Registration and other reforms
## Text
(a) Establishment of Unified Carrier Registration System.— The Secretary, in cooperation with the States, representatives of the motor carrier, motor private carrier, freight forwarder, and broker industries and after notice and opportunity for public comment, shall issue within 1 year after the date of enactment of the Unified Carrier Registration Act of 2005 regulations to establish an online Federal registration system, to be named the “Unified Carrier Registration System”, to replace—
(1) the current Department of Transportation identification number system, the single State registration system under section 14504; 11 See References in Text note below.
(2) the registration system contained in this chapter and the financial responsibility information system under section 13906; and
(3) the service of process agent systems under sections 503 and 13304.
(b) Role as Clearinghouse and Depository of Information.— The Unified Carrier Registration System shall serve as a clearinghouse and depository of information on, and identification of, all foreign and domestic motor carriers, motor private carriers, brokers, freight forwarders, and others required to register with the Department of Transportation, including information with respect to a carrier’s safety rating, compliance with required levels of financial responsibility, and compliance with the provisions of section 14504a. The Secretary shall ensure that Federal agencies, States, representatives of the motor carrier industry, and the public have access to the Unified Carrier Registration System, including the records and information contained in the System.
(c) Procedures for Correcting Information.— Not later than 60 days after the effective date of this section, the Secretary shall prescribe regulations establishing procedures that enable a motor carrier to correct erroneous information contained in any part of the Unified Carrier Registration System.
(d) Fee System.— The Secretary shall establish, under section 9701 of title 31, a fee system for the Unified Carrier Registration System according to the following guidelines:
(1) Registration and filing evidence of financial responsibility.— The fee for new registrants shall as nearly as possible cover the costs of processing the registration.
(2) Evidence of financial responsibility.— The fee for filing evidence of financial responsibility pursuant to this section shall not exceed $10 per filing. No fee shall be charged for a filing for purposes of designating an agent for service of process or the filing of other information relating to financial responsibility.
(3) Access and retrieval fees.— (A) In general.— Except as provided in subparagraph (B), the fee system shall include a nominal fee for the access to or retrieval of information from the Unified Carrier Registration System to cover the costs of operating and upgrading the System, including the personnel costs incurred by the Department and the costs of administration of the unified carrier registration agreement.
(B) Exceptions.— There shall be no fee charged under this paragraph—
(i) to any agency of the Federal Government or a State government or any political subdivision of any such government for the access to or retrieval of information and data from the Unified Carrier Registration System for its own use; or
(ii) to any representative of a motor carrier, motor private carrier, leasing company, broker, or freight forwarder (as each is defined in section 14504a) for the access to or retrieval of the individual information related to such entity from the Unified Carrier Registration System for the individual use of such entity.
(e) Use of Fees for Unified Carrier Registration System.— Fees collected under this section may be credited to the Department of Transportation appropriations account for purposes for which such fees are collected and shall be available for expenditure for such purposes until expended.
(f) Application to Certain Intrastate Operations.— Nothing in this section requires the registration of a motor carrier, a motor private carrier of property, or a transporter of waste or recyclable materials operating exclusively in intrastate transportation not otherwise required to register with the Secretary under another provision of this title.
(Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995, 109 Stat. 888; amended Pub. L. 104–287, § 5(36), Oct. 11, 1996, 110 Stat. 3392; Pub. L. 109–59, title IV, § 4304, Aug. 10, 2005, 119 Stat. 1763; Pub. L. 110–244, title III, § 301(l), June 6, 2008, 122 Stat. 1617; Pub. L. 112–141, div. C, title II, § 32106, July 6, 2012, 126 Stat. 781.)
## Notes
Historical and Revision Notes
Pub. L. 104–287, § 5(36)(A)This amends 49:13908(d)(1) for clarity and consistency.
Pub. L. 104–287, § 5(36)(B)This sets out the effective date of 49:13908.
Editorial Notes
References in TextThe date of enactment of the Unified Carrier Registration Act of 2005, referred to in subsec. (a), is the date of enactment of subtitle C of title IV of Pub. L. 109–59, which was approved Aug. 10, 2005. Section 14504, referred to in subsec. (a)(1), was repealed by Pub. L. 109–59, title IV, § 4305(a), Aug. 10, 2005, 119 Stat. 1764; Pub. L. 110–53, title XV, § 1537(a), Aug. 3, 2007, 121 Stat. 467, effective Jan. 1, 2008. The effective date of this section, referred to in subsec. (c), probably means the date of enactment of Pub. L. 109–59, which amended this section generally and was approved Aug. 10, 2005.
Amendments2012—Subsec. (d)(1). Pub. L. 112–141 struck out “but shall not exceed $300” after “registration”. 2008—Subsecs. (e), (f). Pub. L. 110–244 added subsec. (e) and redesignated former subsec. (e) as (f). 2005—Pub. L. 109–59 amended heading and text of section generally. Prior to amendment, text consisted of subsecs. (a) to (e) relating to issuance of 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, online, Federal system. 1996—Subsec. (d)(1). Pub. L. 104–287, § 5(36)(A), substituted “December 31, 1995” for “the day before the effective date of this section”. Subsec. (e). Pub. L. 104–287, § 5(36)(B), substituted “January 1, 1996” for “the effective date of this section”.
Statutory Notes and Related Subsidiaries
Effective Date of 2012 AmendmentAmendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
Effective DateSection 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 1301 of this title.
RegulationsPub. L. 110–53, title XV, § 1537(b), Aug. 3, 2007, 121 Stat. 467, provided that: “Not later than October 1, 2007, the Federal Motor Carrier Safety Administration shall issue final regulations to establish the Unified Carrier Registration System, as required by section 13908 of title 49, United States Code, and set fees for the unified carrier registration agreement for calendar year 2007 or subsequent calendar years to be charged to motor carriers, motor private carriers, and freight forwarders under such agreement, as required by 14504a of title 49, United States Code.”
Deemed References to Chapters 509 and 511 of Title 51General references to “this title” deemed to refer also to chapters 509 and 511 of Title 51, National and Commercial Space Programs, see section 4(d)(8) of Pub. L. 111–314, set out as a note under section 101 of this title.
Relationship to Other LawsExcept as provided in sections 14504, 14504a, and 14506 of this title, subtitle C (§§ 4301–4308) of title IV of Pub. L. 109–59 is not intended to prohibit any State or any political subdivision of any State from enacting, imposing, or enforcing any law or regulation with respect to a motor carrier, motor private carrier, broker, freight forwarder, or leasing company that is not otherwise prohibited by law, see section 4302 of Pub. L. 109–59, set out as a note under section 13902 of this title.
legal/us/code/title-49/chapter-139/section-13909.md
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title: "49 U.S.C. § 13909"
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title_number: 49
title_name: "TRANSPORTATION"
chapter_number: "139"
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status: "current"
release_point: "119-100"
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---
# 49 U.S.C. § 13909 - Availability of information
## Text
The Secretary shall make information relating to registration and financial security required by this chapter publicly available on the Internet, including—
(1) the names and business addresses of the principals of each entity holding such registration;
(2) the status of such registration; and
(3) the electronic address of the entity’s surety provider for the submission of claims.
(Added Pub. L. 112–141, div. C, title II, § 32914(b)(1), July 6, 2012, 126 Stat. 819.)
## Notes
Statutory Notes and Related Subsidiaries
Effective DateSection effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.