49 U.s.c. 13901

§ 13712

TITLE 49—TRANSPORTATION
PRIOR PROVISIONS

Provisions similar to those in this section were contained in section 2(e) of Pub. L. 103–180, set out as a
note under former section 10701 of this title.
AMENDMENTS
1996—Subsec. (a). Pub. L. 104–287, § 5(31)(A), substituted ‘‘or, before January 1, 1996’’ for ‘‘or, before the
effective date of this section’’, ‘‘December 31, 1995’’ for
‘‘the day before the effective date of this section’’, and
‘‘provided before January 1, 1996’’ for ‘‘provided before
the effective date of this section’’.
Subsec. (d). Pub. L. 104–287, § 5(31)(B), substituted
‘‘January 1, 1996’’ for ‘‘the effective date of this section’’ and ‘‘December 31, 1995’’ for ‘‘the day before such
effective date’’.
Subsec. (g). Pub. L. 104–287, § 5(31)(C), substituted
‘‘January 1, 1996’’ for ‘‘the effective date of this section’’.
ABOLITION OF INTERSTATE COMMERCE COMMISSION
Interstate Commerce Commission abolished by section 101 of Pub. L. 104–88, set out as a note under section 1301 of this title.

§ 13712. Government traffic
A carrier providing transportation or service
for the United States Government may transport property or individuals for the United
States Government without charge or at a rate
reduced from the applicable commercial rate.
Section 6101(b) to (d) of title 41 does not apply
when transportation for the United States Government can be obtained from a carrier lawfully
operating in the area where the transportation
would be provided.
(Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995,
109 Stat. 879; amended Pub. L. 111–350, § 5(o)(5),
Jan. 4, 2011, 124 Stat. 3853.)
PRIOR PROVISIONS
Provisions similar to those in this section were contained in section 10721 of this title prior to the general
amendment of this subtitle by Pub. L. 104–88, § 102(a).
AMENDMENTS
2011—Pub. L. 111–350 substituted ‘‘Section 6101(b) to
(d) of title 41’’ for ‘‘Section 3709 of the Revised Statutes
(41 U.S.C. 5)’’.

§ 13713. Food and grocery transportation
(a) CERTAIN COMPENSATION PROHIBITED.—Notwithstanding any other provision of law, it shall
not be unlawful for a seller of food and grocery
products using a uniform zone delivered pricing
system to compensate a customer who picks up
purchased food and grocery products at the shipping point of the seller if such compensation is
available to all customers of the seller on a nondiscriminatory basis and does not exceed the actual cost to the seller of delivery to such customer.
(b) SENSE OF CONGRESS.—It is the sense of the
Congress that any savings accruing to a customer by reason of compensation permitted by
subsection (a) of this section should be passed on
to the ultimate consumer.
(Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995,
109 Stat. 879.)

Page 404

CHAPTER 139—REGISTRATION
Sec.

13901.
13902.
13903.
13904.
13905.
13906.
13907.
13908.
13909.

Requirement for registration.1
Registration of motor carriers.
Registration of freight forwarders.
Registration of brokers.
Effective periods of registration.
Security of motor carriers, motor private carriers, brokers, and freight forwarders.
Household goods agents.
Registration and other reforms.
Availability of information.
AMENDMENTS

2012—Pub. L. 112–141, div. C, title II, § 32914(b)(2), July
6, 2012, 126 Stat. 820, added item 13909.
2005—Pub. L. 109–59, title IV, § 4303(d)(2), Aug. 10, 2005,
119 Stat. 1763, inserted ‘‘motor private carriers,’’ after
‘‘motor carriers,’’ in item 13906.

§ 13901. Requirements for registration
(a) IN GENERAL.—A person may provide transportation as a motor carrier subject to jurisdiction under subchapter I of chapter 135 or service
as a freight forwarder subject to jurisdiction
under subchapter III of such chapter, or service
as a broker for transportation subject to jurisdiction under subchapter I of such chapter only
if the person is registered under this chapter to
provide such transportation or service.
(b) REGISTRATION NUMBERS.—
(1) IN GENERAL.—If the Secretary registers a
person under this chapter to provide transportation or service, including as a motor carrier,
freight forwarder, or broker, the Secretary
shall issue a distinctive registration number
to the person for each such authority to provide transportation or service for which the
person is registered.
(2) TRANSPORTATION OR SERVICE TYPE INDICATOR.—A number issued under paragraph (1)
shall include an indicator of the type of transportation or service for which the registration
number is issued, including whether the registration number is issued for registration of a
motor carrier, freight forwarder, or broker.
(c) SPECIFICATION OF AUTHORITY.—For each
agreement to provide transportation or service
for which registration is required under this
chapter, the registrant shall specify, in writing,
the authority under which the person is providing such transportation or service.
(Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995,
109 Stat. 879; amended Pub. L. 112–141, div. C,
title II, § 32914(a), July 6, 2012, 126 Stat. 819.)
AMENDMENTS
2012—Pub. L. 112–141 amended section generally. Prior
to amendment, section read as follows: ‘‘A person may
provide transportation or service subject to jurisdiction under subchapter I or III of chapter 135 or be a
broker for transportation subject to jurisdiction under
subchapter I of that chapter, only if the person is registered under this chapter to provide the transportation or service.’’
EFFECTIVE DATE OF 2012 AMENDMENT

PRIOR PROVISIONS

Amendment by Pub. L. 112–141 effective Oct. 1, 2012,
see section 3(a) of Pub. L. 112–141, set out as an Effec-

Provisions similar to those in this section were contained in section 10732 of this title prior to the general
amendment of this subtitle by Pub. L. 104–88, § 102(a).

1 So in original. Section catchline amended by Pub. L. 112–141
without corresponding amendment of chapter analysis.

Page 405

TITLE 49—TRANSPORTATION

tive and Termination Dates of 2012 Amendment note
under section 101 of Title 23, Highways.
EFFECTIVE DATE
Chapter effective Jan. 1, 1996, except as otherwise
provided in Pub. L. 104–88, see section 2 of Pub. L.
104–88, set out as a note under section 1301 of this title.

§ 13902. Registration of motor carriers
(a) MOTOR CARRIER GENERALLY.—
(1) IN GENERAL.—Except as otherwise provided in this section, the Secretary of Transportation shall register a person to provide
transportation subject to jurisdiction under
subchapter I of chapter 135 as a motor carrier
using self-propelled vehicles the motor carrier
owns, rents, or leases only if the Secretary determines that the person—
(A) is willing and able to comply with—
(i) this part and the applicable regulations of the Secretary and the Board;
(ii) any safety regulations imposed by
the Secretary;
(iii) the duties of employers and employees established by the Secretary under section 31135;
(iv) the safety fitness requirements established by the Secretary under section
31144;
(v) the accessibility requirements established by the Secretary under subpart H of
part 37 of title 49, Code of Federal Regulations (or successor regulations), for transportation provided by an over-the-road
bus; and
(vi) the minimum financial responsibility requirements established by the Secretary under sections 13906, 31138, and
31139;
(B) has been issued a USDOT number
under section 31134;
(C) has disclosed any relationship involving common ownership, common management, common control, or common familial
relationship between that person and any
other motor carrier, freight forwarder, or
broker, or any other applicant for motor
carrier, freight forwarder, or broker registration, if the relationship occurred in the
3-year period preceding the date of the filing
of the application for registration; and
(D) after the Secretary establishes a written proficiency examination pursuant to section 32101(b) of the Commercial Motor Vehicle Safety Enhancement Act of 2012, has
passed the written proficiency examination.
(2) ADDITIONAL REGISTRATION REQUIREMENTS
FOR HOUSEHOLD GOODS MOTOR CARRIERS.—In addition to meeting the requirements of paragraph (1), the Secretary may register a person
to provide transportation of household goods
as a household goods motor carrier only after
that person—
(A) provides evidence of participation in
an arbitration program and provides a copy
of the notice of the arbitration program as
required by section 14708(b)(2);
(B) identifies its tariff and provides a copy
of the notice of the availability of that tariff
for inspection as required by section 13702(c);
and

§ 13902

(C) demonstrates, before being registered,
through successful completion of a proficiency examination established by the Secretary, knowledge and intent to comply with
applicable Federal laws relating to consumer
protection, estimating, consumers’ rights
and responsibilities, and options for limitations of liability for loss and damage.
(3) CONSIDERATION OF EVIDENCE; FINDINGS.—
The Secretary shall consider, and to the extent applicable, make findings on any evidence
demonstrating that the registrant is unable to
comply with any applicable requirement of
paragraph (1) or, in the case of a registrant to
which paragraph (2) applies, paragraph (1) or
(2).
(4) WITHHOLDING.—If the Secretary determines that a registrant under this section does
not meet, or is not able to meet, any requirement of paragraph (1) or, in the case of a registrant to which paragraph (2) applies, paragraph (1) or (2), the Secretary shall withhold
registration.
(5) LIMITATION ON COMPLAINTS.—The Secretary may hear a complaint from any person
concerning a registration under this subsection only on the ground that the registrant
fails or will fail to comply with this part, the
applicable regulations of the Secretary and
the Board (including the accessibility requirements established by the Secretary under subpart H of part 37 of title 49, Code of Federal
Regulations, or such successor regulations to
those accessibility requirements as the Secretary may issue, for transportation provided
by an over-the-road bus), the safety regulations of the Secretary, or the safety fitness or
minimum financial responsibility requirements of paragraph (1) of this subsection. In
the case of a registration for the transportation of household goods as a household goods
motor carrier, the Secretary may also hear a
complaint on the ground that the registrant
fails or will fail to comply with the requirements of paragraph (2) of this subsection.
(6) SEPARATE REGISTRATION REQUIRED.—A
motor carrier may not broker transportation
services unless the motor carrier has registered as a broker under this chapter.
(b) MOTOR CARRIERS OF PASSENGERS.—
(1) REGISTRATION OF PRIVATE RECIPIENTS OF
GOVERNMENTAL
ASSISTANCE.—The
Secretary
shall register under subsection (a)(1) a private
recipient of governmental assistance to provide special or charter transportation subject
to jurisdiction under subchapter I of chapter
135 as a motor carrier of passengers if the Secretary finds that the recipient meets the requirements of subsection (a)(1), unless the Secretary finds, on the basis of evidence presented
by any person objecting to the registration,
that the transportation to be provided pursuant to the registration is not in the public interest.
(2) REGISTRATION OF PUBLIC RECIPIENTS OF
GOVERNMENTAL ASSISTANCE.—
(A) CHARTER TRANSPORTATION.—The Secretary shall register under subsection (a)(1)
a public recipient of governmental assistance to provide special or charter transpor-