Section 4303 of the Safe, Accoutable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU)

Section 4303 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU)Public Law 109-59, August 10, 2005)

SEC. 4303. INCLUSION OF MOTOR PRIVATE AND EXEMPT CARRIERS.

(a) Persons Registered To Provide Transportation or Service as a

Motor Carrier or Motor Private Carrier.--Section 13905 of title 49,

United States Code, is amended--

(1) by redesignating subsections (b), (c), (d), and (e) as

subsections (c), (d), (e), and (f), respectively; and

(2) by inserting after subsection (a) the following:

``(b) Person Registered With Secretary.--

``(1) In general.--Except as provided in paragraph (2), any

person having registered with the Secretary to provide

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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.''.

(b) Security Requirement.--Section 13906(a) of such title is

amended--

(1) by redesignating paragraphs (2) and (3) as paragraphs

(3) and (4), respectively; and

(2) by inserting after paragraph (1) the following:

``(2) Security requirement.--Not <<NOTE: Deadline.>> 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.''.

(c) Termination of Transition Rule.--Section 13902 of such title is

amended--

(1) by adding at the end of subsection (d) the following:

``(3) Termination.--This subsection shall cease to be in

effect on the transition termination date.''; and

(2) by redesignating subsection (f) as subsection (g), and

inserting after subsection (e) the following:

``(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--

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``(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.''.

(d) Clerical Amendments.--

(1) Heading for section 13906.--Section 13906 of such title

is amended by striking the section designation and heading and

inserting the following:

``Sec. 13906. Security of motor carriers, motor private carriers,

brokers, and freight forwarders''.

(2) Chapter analysis.--The analysis for chapter 139 of such

title is amended by striking the item relating to section 13906

and inserting the following:

``13906. Security of motor carriers, motor private carriers, brokers,

and freight forwarders.''.