Unified Carrier Registration Act of 2005

Subtitle C--Unified <<NOTE: Unified Carrier Registration Act of

2005.>> Carrier Registration Act of 2005

SEC. 4301. <<NOTE: 49 USC 10101 note.>> SHORT TITLE.

This subtitle may be cited as the ``Unified Carrier Registration Act

of 2005''.

SEC. 4302. <<NOTE: 49 USC 13902 note.>> RELATIONSHIP TO OTHER LAWS.

Except as provided in section 14504 of title 49, United States Code,

and sections 14504a and 14506 of title 49, United States Code, as added

by this subtitle, this subtitle 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.

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

[[Page 119 STAT. 1762]]

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--

[[Page 119 STAT. 1763]]

``(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.''.

SEC. 4304. UNIFIED CARRIER REGISTRATION SYSTEM.

Section 13908 of title 49, United States Code, is amended to read as

follows:

``Sec. 13908. Registration and other reforms

``(a) Establishment of <<NOTE: Regulations. Deadline.>> 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;

``(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 <<NOTE: Regulations. Deadline.>> Correcting

Information.--Not later than 60 days after the effective date of this

section, the Secretary shall prescribe regulations establishing

procedures that enable a

[[Page 119 STAT. 1764]]

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 but

shall not exceed $300.

``(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) 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.''.

SEC. 4305. REGISTRATION OF MOTOR CARRIERS BY STATES.

(a) Termination of Registration Provisions.--Section 14504, and the

item relating to such section in the analysis for chapter 145, of title

49, United States Code, are repealed effective on the first January 1st

occurring more than 12 months after the date of enactment of this Act.

(b) Unified Carrier Registration System Plan and Agreement.--Chapter

145 of title 49, United States Code, is amended by inserting after

section 14504 the following:

``Sec. 14504a. Unified Carrier Registration System plan and agreement

``(a) Definitions.--In this section and section 14506, the following

definitions apply:

[[Page 119 STAT. 1765]]

``(1) Commercial motor vehicle.--

``(A) In general.--Except as provided in

subparagraph (B), the term `commercial motor vehicle'

has the meaning such term has under section 31101.

``(B) Exception.--With respect to a motor carrier

required to make any filing or pay any fee to a State

with respect to the motor carrier's authority or

insurance related to operation within such State, the

motor carrier shall have the option to include, in

addition to commercial motor vehicles as defined in

subparagraph (A), any self-propelled vehicle used on the

highway in commerce to transport passengers or property

for compensation regardless of the gross vehicle weight

rating of the vehicle or the number of passengers

transported by such vehicle.

``(2) Base-state.--

``(A) In general.--Subject to subparagraph (B), the

term `base-State' means, with respect to a unified

carrier registration agreement, a State--

``(i) that is in compliance with the

requirements of subsection (e); and

``(ii) in which the motor carrier, motor

private carrier, broker, freight forwarder, or

leasing company to which the agreement applies

maintains its principal place of business.

``(B) Designation of base-state.--A motor carrier,

motor private carrier, broker, freight forwarder, or

leasing company may designate another State in which it

maintains an office or operating facility to be its

base-State in the event that--

``(i) the State in which the motor carrier,

motor private carrier, broker, freight forwarder,

or leasing company maintains its principal place

of business is not in compliance with the

requirements of subsection (e); or

``(ii) the motor carrier, motor private

carrier, broker, freight forwarder, or leasing

company does not have a principal place of

business in the United States.

``(3) Intrastate fee.--The term `intrastate fee' means any

fee, tax, or other type of assessment, including per vehicle

fees and gross receipts taxes, imposed on a motor carrier or

motor private carrier for the renewal of the intrastate

authority or insurance filings of such carrier with a State.

``(4) Leasing company.--The term `leasing company' means a

lessor that is engaged in the business of leasing or renting for

compensation motor vehicles without drivers to a motor carrier,

motor private carrier, or freight forwarder.

``(5) Motor carrier.--The term `motor carrier' includes all

carriers that are otherwise exempt from this part under

subchapter I of chapter 135 or exemption actions by the former

Interstate Commerce Commission under this title.

``(6) Participating state.--The term `participating State'

means a State that has complied with the requirements of

subsection (e).

``(7) SSRS.--The term `SSRS' means the single state

registration system in effect on the date of enactment of this

section.

[[Page 119 STAT. 1766]]

``(8) Unified carrier registration agreement.--The terms

`unified carrier registration agreement' and `UCR agreement'

mean the interstate agreement developed under the unified

carrier registration plan governing the collection and

distribution of registration and financial responsibility

information provided and fees paid by motor carriers, motor

private carriers, brokers, freight forwarders, and leasing

companies pursuant to this section.

``(9) Unified carrier registration plan.--The terms `unified

carrier registration plan' and `UCR plan' mean the organization

of State, Federal, and industry representatives responsible for

developing, implementing, and administering the unified carrier

registration agreement.

``(10) Vehicle registration.--The term `vehicle

registration' means the registration of any commercial motor

vehicle under the International Registration Plan (as defined in

section 31701) or any other registration law or regulation of a

jurisdiction.

``(b) Applicability of Provisions to Freight Forwarders.--A freight

forwarder that operates commercial motor vehicles and is not required to

register as a carrier pursuant to section 13903(b) shall be subject to

the provisions of this section as if the freight forwarder is a motor

carrier.

``(c) Unreasonable Burden.--For purposes of this section, it shall

be considered an unreasonable burden upon interstate commerce for any

State or any political subdivision of a State, or any political

authority of two or more States--

``(1) to enact, impose, or enforce any requirement or

standards with respect to, or levy any fee or charge on, any

motor carrier or motor private carrier providing transportation

or service subject to jurisdiction under subchapter I of chapter

135 (in this section referred to as an `interstate motor

carrier' and an `interstate motor private carrier',

respectively) in connection with--

``(A) the registration with the State of the

interstate operations of the motor carrier or motor

private carrier;

``(B) the filing with the State of information

relating to the financial responsibility of the a motor

carrier or motor private carrier pursuant to sections

31138 or 31139;

``(C) the filing with the State of the name of the

local agent for service of process of the motor carrier

or motor private carrier pursuant to sections 503 or

13304; or

``(D) the annual renewal of the intrastate

authority, or the insurance filings, of the motor

carrier or motor private carrier, or other intrastate

filing requirement necessary to operate within the State

if the motor carrier or motor private carrier is--

``(i) registered under section 13902 or

section 13905(b); and

``(ii) in compliance with the laws and

regulations of the State authorizing the carrier

to operate in the State in accordance with section

14501(c)(2)(A); except with respect to--

``(I) intrastate service provided by

motor carriers of passengers that is not

subject to the preemption provisions of

section 14501(a);

[[Page 119 STAT. 1767]]

``(II) motor carriers of property,

motor private carriers, brokers, or

freight forwarders, or their services or

operations, that are described in

subparagraphs (B) and (C) of section

14501(c)(2).

``(III) the intrastate

transportation of waste or recyclable

materials by any carrier; or

``(2) to require any interstate motor carrier or motor

private carrier that also performs intrastate operations to pay

any fee or tax which a carrier engaged exclusively in interstate

operations is exempt.

``(d) Unified Carrier Registration Plan.--

``(1) Board of directors.--

``(A) Governance of plan; establishment.--The

unified carrier registration plan shall have a board of

directors consisting of representatives of the

Department of Transportation, participating States, and

the motor carrier industry. The Secretary shall

establish the board.

``(B) Composition.--The board shall consist of 15

directors appointed by the Secretary as follows:

``(i) Federal motor carrier safety

administration.--One director from each of the

Federal Motor Carrier Safety Administration's 4

service areas (as those areas were defined by the

Federal Motor Carrier Safety Administration on

January 1, 2005) from among the chief

administrative officers of the State agencies

responsible for overseeing the administration of

the UCR agreement.

``(ii) State agencies.--Five directors from

the professional staffs of State agencies

responsible for overseeing the administration of

the UCR agreement in their respective States.

Nominees for these 5 directorships shall be

submitted to the Secretary by the national

association of professional employees of the State

agencies responsible for overseeing the

administration of the UCR agreement in their

respective States.

``(iii) Motor carrier industry.--Five

directors from the motor carrier industry. At

least 1 of the appointees under this clause shall

be a representative of a national trade

association representing the general motor carrier

of property industry. At least 1 of the appointees

under this clause shall represent a motor carrier

that falls within the smallest fleet fee bracket.

``(iv) Department of transportation.--The

Deputy Administrator of the Federal Motor Carrier

Safety Administration, or such other presidential

appointee from the Department, as the Secretary

may appoint.

``(C) Chairperson and vice-chairperson.--The

Secretary shall designate 1 director as chairperson and

1 director as vice-chairperson of the board. The

chairperson and vice-chairperson shall serve in such

capacity for the term of their appointment as directors.

``(D) Terms.--

``(i) Initial terms.--In appointing the

initial board, the Secretary shall designate 5 of

the appointed directors for initial terms of 3

years, 5 of the appointed

[[Page 119 STAT. 1768]]

directors for initial terms of 2 years, and 5 of

the appointed directors for initial terms of 1

year.

``(ii) Thereafter.--After the initial term,

all directors shall be appointed for terms of 3

years; except that the term of the Deputy

Administrator or other individual designated by

the Secretary under subparagraph (B)(iv) shall be

at the discretion of the Secretary.

``(iii) Succession.--A director may be

appointed to succeed himself or herself.

``(iv) End of service.--A director may

continue to serve on the board until his or her

successor is appointed.

``(2) Rules and regulations governing the ucr agreement.--

The board of directors shall issue rules and regulations to

govern the UCR agreement. The rules and regulations shall--

``(A) prescribe uniform forms and formats, for--

``(i) the annual submission of the information

required by a base-State of a motor carrier, motor

private carrier, leasing company, broker, or

freight forwarder;

``(ii) the transmission of information by a

participating State to the Unified Carrier

Registration System;

``(iii) the payment of excess fees by a State

to the designated depository and the distribution

of fees by the depository to those States so

entitled; and

``(iv) the providing of notice by a motor

carrier, motor private carrier, broker, freight

forwarder, or leasing company to the board of the

intent of such entity to change its base-State,

and the procedures for a State to object to such a

change under subparagraph (C);

``(B) provide for the administration of the unified

carrier registration agreement, including procedures for

amending the agreement and obtaining clarification of

any provision of the Agreement;

``(C) provide procedures for dispute resolution

under the agreement that provide due process for all

involved parties; and

``(D) designate a depository.

``(3) Compensation and expenses.--

``(A) In general.--Except for the representative of

the Department appointed under paragraph (1)(B)(iv), no

director shall receive any compensation or other

benefits from the Federal Government for serving on the

board or be considered a Federal employee as a result of

such service.

``(B) Expenses.--All directors shall be reimbursed

for expenses they incur attending meetings of the board.

In addition, the board may approve the reimbursement of

expenses incurred by members of any subcommittee or task

force appointed under paragraph (5) for carrying out the

duties of the subcommittee or task force. The

reimbursement of expenses to directors and subcommittee

and task force members shall be under subchapter II of

chapter 57 of title 5, United States Code, governing

reimbursement of expenses for travel by Federal

employees.

[[Page 119 STAT. 1769]]

``(4) Meetings.--

``(A) In general.--The board shall meet at least

once per year. Additional meetings may be called, as

needed, by the chairperson of the board, a majority of

the directors, or the Secretary.

``(B) Quorum.--A majority of directors shall

constitute a quorum.

``(C) Voting.--Approval of any matter before the

board shall require the approval of a majority of all

directors present at the meeting.

``(D) Open meetings.--Meetings of the board and any

subcommittees or task forces appointed under paragraph

(5) shall be subject to the provisions of section 552b

of title 5.

``(5) Subcommittees.--

``(A) Industry advisory subcommittee.--The

chairperson shall appoint an industry advisory

subcommittee. The industry advisory subcommittee shall

consider any matter before the board and make

recommendations to the board.

``(B) Other subcommittees.--The chairperson shall

appoint an audit subcommittee, a dispute resolution

subcommittee, and any additional subcommittees and task

forces that the board determines to be necessary.

``(C) Membership.--The chairperson of each

subcommittee shall be a director. The other members of

subcommittees and task forces may be directors or

nondirectors.

``(D) Representation on subcommittees.--Except for

the industry advisory subcommittee (the membership of

which shall consist solely of representatives of

entities subject to the fee requirements of subsection

(f)), each subcommittee and task force shall include

representatives of the participating States and the

motor carrier industry.

``(6) Delegation of authority.--The board may contract with

any person or any agency of a State to perform administrative

functions required under the unified carrier registration

agreement, but may not delegate its decision or policy-making

responsibilities.

``(7) Determination of fees.--

``(A) Recommendation by board.--The board shall

recommend to the Secretary the initial annual fees to be

assessed carriers, leasing companies, brokers, and

freight forwarders under the unified carrier

registration agreement. In making its recommendation to

the Secretary for the level of fees to be assessed in

any agreement year, and in setting the fee level, the

board and the Secretary shall consider--

``(i) the administrative costs associated with

the unified carrier registration plan and the

agreement;

``(ii) whether the revenues generated in the

previous year and any surplus or shortage from

that or prior years enable the participating

States to achieve the revenue levels set by the

board; and

``(iii) the provisions governing fees under

subsection (f)(1).

[[Page 119 STAT. 1770]]

``(B) Setting fees.--The Secretary shall set the

initial annual fees for the next agreement year and any

subsequent adjustment of those fees--

``(i) <<NOTE: Deadline.>> within 90 days after

receiving the board's recommendation under

subparagraph (A); and

``(ii) <<NOTE: Notification. Public

information.>> after notice and opportunity for

public comment.

``(8) Liability protections for directors.--No individual

appointed to serve on the board shall be liable to any other

director or to any other party for harm, either economic or non-

economic, caused by an act or omission of the individual arising

from the individual's service on the board if--

``(A) the individual was acting within the scope of

his or her responsibilities as a director; and

``(B) the harm was not caused by willful or criminal

misconduct, gross negligence, reckless misconduct, or a

conscious, flagrant indifference to the right or safety

of the party harmed by the individual.

``(9) Inapplicability of federal advisory committee act.--

The Federal Advisory Committee Act (5 U.S.C. App.) shall not

apply to the unified carrier registration plan, the board, or

its committees.

``(10) Certain fees not affected.--This section does not

limit the amount of money a State may charge for vehicle

registration or the amount of any fuel use tax a State may

impose pursuant to the International Fuel Tax Agreement (as

defined in section 31701).

``(e) State Participation.--

``(1) State plan.--No State shall be eligible to participate

in the unified carrier registration plan or to receive any

revenues derived under the UCR agreement, unless the State

submits to the Secretary, not later than 3 years after the date

of enactment of the Unified Carrier Registration Act of 2005, a

plan--

``(A) identifying the State agency that has or will

have the legal authority, resources, and qualified

personnel necessary to administer the agreement in

accordance with the rules and regulations promulgated by

the board of directors; and

``(B) demonstrating that an amount at least equal to

the revenue derived by the State from the unified

carrier registration agreement shall be used for motor

carrier safety programs, enforcement, or the

administration of the UCR plan and UCR agreement.

``(2) Amended plans.--A State that submits a plan under this

subsection may change the agency designated in the plan by

filing an amended plan with the Secretary and the chairperson of

the board of directors.

``(3) Withdrawal of plan.--If a State withdraws, or notifies

the Secretary that it is withdrawing, the plan it submitted

under this subsection, the State may no longer participate in

the unified carrier registration agreement or receive any

portion of the revenues <<NOTE: Notification.>> derived under

the agreement. The Secretary shall notify the chairperson upon

receiving notice from a State that it is withdrawing its plan or

withdrawing from the agreement, or both.

[[Page 119 STAT. 1771]]

``(4) Termination of eligibility.--If a State fails to

submit a plan to the Secretary in accordance with paragraph (1)

or withdraws its plan under paragraph (3), the State may not

submit or resubmit a plan or participate in the agreement.

``(5) Provision of <<NOTE: Deadline.>> plan to

chairperson.--The Secretary shall provide a copy of each plan

submitted under this subsection to the chairperson of the board

of directors not later than 10 days after date of submission of

the plan.

``(f) Contents of Unified Carrier Registration Agreement.--The

unified carrier registration agreement shall provide the following:

``(1) Fees.--(A) Fees charged--

``(i) to a motor carrier, motor private carrier, or

freight forwarder in connection with the filing of proof

of financial responsibility under the UCR agreement

shall be based on the number of commercial motor

vehicles owned or operated by the motor carrier, motor

private carrier, or freight forwarder; and

``(ii) to a broker or leasing company in connection

with such a filing shall be equal to the smallest fee

charged to a motor carrier, motor private carrier, and

freight forwarder or under this paragraph.

``(B) The fees shall be determined by the Secretary based

upon the recommendation of the board under subsection (d)(7).

``(C) The board shall develop for purposes of charging fees

no more than 6 and no less than 4 brackets of carriers

(including motor private carriers) based on the size of fleet.

``(D) The fee scale shall be progressive in the amount of

the fee.

``(E) The board may ask the Secretary to adjust the fees

within a reasonable range on an annual basis if the revenues

derived from the fees--

``(i) are insufficient to provide the revenues to

which the States are entitled under this section; or

``(ii) exceed those revenues.

``(2) Determination of ownership or operation.--For purposes

of this subsection, a commercial motor vehicle is owned or

operated by a motor carrier, motor private carrier, or freight

forwarder if the vehicle is registered under Federal law or

State law, or both, in the name of the motor carrier, motor

private carrier, or freight forwarder or is controlled by the

motor carrier, motor private carrier, or freight forwarder under

a long term lease during a vehicle registration year.

``(3) Calculation of number of commercial motor vehicles

owned or operated.--The number of commercial motor vehicles

owned or operated by a motor carrier, motor private carrier, or

freight forwarder for purposes of paragraph (1) shall be based

either on the number of commercial motor vehicles the motor

carrier, motor private carrier, or freight forwarder has

indicated it operates on its most recently filed MCS-150 or the

total number of such vehicles it owned or operated for the 12-

month period ending on June 30 of the year immediately prior to

the registration year of the Unified Carrier Registration

System. A motor carrier may include in the calculation of its

fleet size for purposes of paragraph (1) any commercial motor

vehicle. Motor carriers and motor private carriers in the

calculation of their fleet size for purposes of

[[Page 119 STAT. 1772]]

paragraph (1) may elect not to include commercial motor vehicles

used exclusively in the intrastate transportation of property,

waste, or recyclable material.

``(4) Payment of fees.--Motor carriers, motor private

carriers, leasing companies, brokers, and freight forwarders

shall pay all fees required under this section to their base-

State pursuant to the UCR Agreement.

``(g) Payment of Fees.--Revenues derived under the UCR Agreement

shall be allocated to participating States as follows:

``(1) A State that participated in the SSRS in the last

registration year under the SSRS ending before the date of

enactment of the Unified Carrier Registration Act of 2005 and

complies with subsection (e) is entitled to receive under this

section a portion of the revenues generated under the UCR

agreement equivalent to the revenues it received under the SSRS

in such last registration year, as long as the State continues

to comply with subsection (e).

``(2) A State that collected intrastate registration fees

from interstate motor carriers, interstate motor private

carriers, or interstate exempt carriers and complies with

subsection (e) is entitled to receive under this section an

additional portion of the revenues generated under the UCR

agreement equivalent to the revenues it received from such

carriers in the last calendar year ending before the date of

enactment of the Unified Carrier Registration Act of 2005, as

long as the State continues to comply with subsection (e).

``(3) States that comply with subsection (e) but did not

participate in SSRS during such last registration year shall be

entitled under this section to an annual allotment not to exceed

$500,000 from the revenues generated under the UCR agreement, as

long as the State continues to comply with the provisions of

subsection (e).

``(4) The amount of revenues generated under the UCR

agreement to which a State is entitled under this section shall

be calculated by the board and approved by the Secretary.

``(h) Distribution of UCR Agreement Revenues.--

``(1) Eligibility.--Each State that is in compliance with

subsection (e) shall be entitled under this section to a portion

of the revenues derived from the UCR Agreement in accordance

with subsection (g).

``(2) Entitlement to revenues.--A State that is in

compliance with subsection (e) may retain an amount of the gross

revenues it collects from motor carriers, motor private

carriers, brokers, freight forwarders and leasing companies

under the UCR agreement equivalent to the portion of revenues to

which the State is entitled under subsection (g). All revenues a

participating State collects in excess of the amount to which

the State is so entitled shall be forwarded to the depository

designated by the board under subsection (d)(2)(D).

``(3) Distribution of funds from depository.--The excess

funds deposited in the depository shall be distributed by the

board of directors as follows:

``(A) On a pro rata basis to each participating

State that did not collect revenues under the UCR

agreement equivalent to the amount such State is

entitled under subsection (g), except that the sum of

the gross revenues collected under the UCR agreement by

a participating State

[[Page 119 STAT. 1773]]

and the amount distributed to it from the depository

shall not exceed the amount to which the State is

entitled under subsection (g).

``(B) After all distributions under subparagraph (A)

have been made, to pay the administrative costs of the

UCR plan and the UCR agreement.

``(4) Retention of certain excess funds.--Any excess funds

held by the depository after distributions and payments under

paragraphs (3)(A) and (3)(B) shall be retained in the

depository, and the fees charged under the UCR agreement to

motor carriers, motor private carriers, leasing companies,

freight forwarders, and brokers for the next fee year shall be

reduced by the Secretary accordingly.

``(i) Enforcement.--

``(1) Civil actions.--Upon request by the Secretary, the

Attorney General may bring a civil action in the United States

district court described in paragraph (2) to enforce an order

issued to require compliance with this section and with the

terms of the UCR agreement.

``(2) Venue.--An action under this section may be brought

only in a United States district court in the State in which

compliance with the order is required.

``(3) Relief.--Subject to section 1341 of title 28, the

court, on a proper showing shall issue a temporary restraining

order or a preliminary or permanent injunction requiring that

the State or any person comply with this section.

``(4) Enforcement by states.--Nothing in this section--

``(A) prohibits a participating State from issuing

citations and imposing reasonable fines and penalties

pursuant to the applicable laws and regulations of the

State on any motor carrier, motor private carrier,

freight forwarder, broker, or leasing company for

failure to--

``(i) submit information documents as required

under subsection (d)(2); or

``(ii) pay the fees required under subsection

(f); or

``(B) authorizes a State to require a motor carrier,

motor private carrier, or freight forwarder to display

as evidence of compliance any form of identification in

excess of those permitted under section 14506 on or in a

commercial motor vehicle.

``(j) Application to Intrastate Carriers.--Notwithstanding any other

provision of this section, a State may elect to apply the provisions of

the UCR agreement to motor carriers and motor private carriers and

freight forwarders subject to its jurisdiction that operate solely in

intrastate commerce within the borders of the State.''.

(c) Clerical Amendment.--The analysis for such chapter is amended by

inserting after the item relating to section 14504 the following:

``14504a. Unified Carrier Registration System plan and agreement.''.

SEC. 4306. IDENTIFICATION OF VEHICLES.

(a) In General.--Chapter 145 of title 49, United States Code; is

amended by adding at the end the following:

[[Page 119 STAT. 1774]]

``Sec. 14506. Identification of vehicles

``(a) Restriction on Requirements.--No State, political subdivision

of a State, interstate agency, or other political agency of two or more

States may enact or enforce any law, rule, regulation standard, or other

provision having the force and effect of law that requires a motor

carrier, motor private carrier, freight forwarder, or leasing company to

display any form of identification on or in a commercial motor vehicle

(as defined in section 14504a), other than forms of identification

required by the Secretary of Transportation under section 390.21 of

title 49, Code of Federal Regulations.

``(b) Exception.--Notwithstanding subsection (a), a State may

continue to require display of credentials that are required--

``(1) under the International Registration Plan under

section 31704;

``(2) under the International Fuel Tax Agreement under

section 31705;

``(3) under a State law regarding motor vehicle license

plates or other displays that the Secretary determines are

appropriate;

``(4) in connection with Federal requirements for hazardous

materials transportation under section 5103; or

``(5) in connection with the Federal vehicle inspection

standards under section 31136.''.

(b) Clerical Amendment.--The analysis for such chapter is amended by

inserting after the item relating to section 14505 the following:

``14506. Identification of vehicles.''.

SEC. 4307. USE OF UCR AGREEMENT REVENUES AS MATCHING FUNDS.

(a) In General.--Section 31103(a) of title 49, United States Code,

is amended--

(1) by striking ``31102(b)(1)(D)'' inserting

``31102(b)(1)(E)''; and

(2) by inserting ``Amounts generated under the unified

carrier registration agreement under section 14504a and received

by a State and used for motor carrier safety purposes may be

included as part of the State's share not provided by the United

States.'' after ``United States Government.''.

(b) Technical Correction.--Sections 31102(b)(3) of such title is

amended by striking ``paragraph (1)(D)'' and inserting ``paragraph

(1)(E)''.

SEC. 4308. <<NOTE: 49 USC 13902 note.>> REGULATIONS.

The Secretary may issue such regulations as the Secretary determines

are necessary to carry out this subtitle and the amendments made by this

subtitle.