49 U.S.C 13908, Registration and other reforms

TITLE 49--TRANSPORTATION

SUBTITLE IV--INTERSTATE TRANSPORTATION

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

CHAPTER 139--REGISTRATION

Sec. 13908. Registration and other reforms

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

cooperation with the States, and after notice and opportunity for public

comment, shall issue regulations to replace the current Department of

Transportation identification number system, the single State

registration system under section 14504, the registration system

contained in this chapter, and the financial responsibility information

system under section 13906 with a single, on-line, Federal system. The

new system shall serve as a clearinghouse and depository of information

on and identification of all foreign and domestic motor carriers,

brokers, and freight forwarders, and others required to register with

the Department as well as information on safety fitness and compliance

with required levels of financial responsibility. In issuing the

regulations, the Secretary shall consider whether or not to integrate

the requirements of section 13304 into the new system and may integrate

such requirements into the new system.

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

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

following factors:

(1) Funding for State enforcement of motor carrier safety

regulations.

(2) Whether the existing single State registration system is

duplicative and burdensome.

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

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

(4) The public safety.

(5) The efficient delivery of transportation services.

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

system to motor private carriers and to carriers exempt under

sections 13502, 13503, and 13506.

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

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

responsibility under the new system under subsection (a). Fees collected

under the fee system shall cover the costs of operating and upgrading

the registration system, including all personnel costs associated with

the system. Fees collected under this subsection may be credited to the

Department of Transportation appropriations account for purposes for

which such fees are collected, and shall be available for expenditure

until expended.

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

no State should require insurance filings or collect fees for such

filings (including filings and fees authorized under section 14504), the

Secretary may prevent any State or political subdivision thereof, or any

political authority of 2 or more States, from imposing any insurance

filing requirements or fees that are for the same purposes as filings or

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

The Secretary may not take any action pursuant to this subsection

unless--

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

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

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

received in fiscal year 1995 under section 11506, as in effect on

December 31, 1995; and

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

minimum apportionment.

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

months after January 1, 1996, the Secretary--

(1) shall conclude the rulemaking under this section;

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

Secretary considers appropriate and in the public interest; and

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

rulemaking and the changes being implemented under this section,

together with such recommendations for legislative language

necessary to conform this part to such changes.

(Added Pub. L. 104-88, title I, Sec. 103, Dec. 29, 1995, 109 Stat. 888;

amended Pub. L. 104-287, Sec. 5(36), Oct. 11, 1996, 110 Stat. 3392.)

Historical and Revision Notes

Pub. L. 104-287, Sec. 5(36)(A)

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

Pub. L. 104-287, Sec. 5(36)(B)

This sets out the effective date of 49:13908.

References in Text

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

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

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

Amendments

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

``December 31, 1995'' for ``the day before the effective date of this

section''.

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

1, 1996'' for ``the effective date of this section''.

Section Referred to in Other Sections

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