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

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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

[[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.''.