Attachment E: Section 4304 of SAFETEA-LU

[DOCID: f:publ059.109]

[[Page 1143]]

SAFE, ACCOUNTABLE, FLEXIBLE, EFFICIENT TRANSPORTATION EQUITY ACT: A

LEGACY FOR USERS

[[Page 119 STAT. 1144]]

Public Law 109-59

109th Congress

An Act

To authorize funds for Federal-aid highways, highway safety programs,

and transit programs, and for other purposes. <<NOTE: Aug. 10,

2005 - [H.R. 3]>>

Be it enacted by the Senate and House of Representatives of the

United States of America in Congress <<NOTE: Safe, Accountable,

Flexible, Efficient Transportation Equity Act: A Legacy for

Users. Inter- governmental relations. 23 USC 101 note.>> assembled,

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.