Attachement A - 49 U.S.C. 13902

Page 405

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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-

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TITLE 49—TRANSPORTATION

tation subject to jurisdiction under subchapter I of chapter 135 as a motor carrier of
passengers if the Secretary finds that—
(i) the recipient meets the requirements
of subsection (a)(1); and
(ii)(I) no motor carrier of passengers
(other than a motor carrier of passengers
which is a public recipient of governmental assistance) is providing, or is willing to provide, the transportation; or
(II) the transportation is to be provided
entirely in the area in which the public recipient provides regularly scheduled mass
transportation services.
(B) REGULAR-ROUTE TRANSPORTATION.—The
Secretary shall register under subsection
(a)(1) a public recipient of governmental assistance to provide regular-route 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.
(C) TREATMENT OF CERTAIN PUBLIC RECIPIENTS.—Any public recipient of governmental
assistance which is providing or seeking to
provide transportation of passengers subject
to jurisdiction under subchapter I of chapter
135 shall, for purposes of this part, be treated
as a person which is providing or seeking to
provide transportation of passengers subject
to such jurisdiction.
(3) INTRASTATE TRANSPORTATION BY INTERCARRIERS.—A motor carrier of passengers that is registered by the Secretary
under subsection (a) is authorized to provide
regular-route transportation entirely in one
State as a motor carrier of passengers if such
intrastate transportation is to be provided on
a route over which the carrier provides interstate transportation of passengers.
(4) PREEMPTION OF STATE REGULATION REGARDING CERTAIN SERVICE.—No State or political subdivision thereof and no interstate agency or other political agency of 2 or more
States shall enact or enforce any law, rule,
regulation, standard or other provision having
the force and effect of law relating to the provision of pickup and delivery of express packages, newspapers, or mail in a commercial
zone if the shipment has had or will have a
prior or subsequent movement by bus in intrastate commerce and, if a city within the commercial zone, is served by a motor carrier of
passengers providing regular-route transportation of passengers subject to jurisdiction
under subchapter I of chapter 135.
(5) JURISDICTION OVER CERTAIN INTRASTATE
TRANSPORTATION.—Subject to section 14501(a),
any intrastate transportation authorized by
this subsection shall be treated as transportation subject to jurisdiction under subchapter I of chapter 135 until such time as the
carrier takes such action as is necessary to establish under the laws of such State rates,
rules, and practices applicable to such transSTATE

Page 406

portation, but in no case later than the 30th
day following the date on which the motor
carrier of passengers first begins providing
transportation entirely in one State under
this paragraph.
(6) SPECIAL OPERATIONS.—This subsection
shall not apply to any regular-route transportation of passengers provided entirely in one
State which is in the nature of a special operation.
(7) SUSPENSION OR REVOCATION.—Intrastate
transportation authorized under this subsection may be suspended or revoked by the
Secretary under section 13905 of this title at
any time.
(8) DEFINITIONS.—In this subsection, the following definitions apply:
(A) PUBLIC RECIPIENT OF GOVERNMENTAL ASSISTANCE.—The term ‘‘public recipient of
governmental assistance’’ means—
(i) any State,
(ii) any municipality or other political
subdivision of a State,
(iii) any public agency or instrumentality of one or more States and municipalities and political subdivisions of a State,
(iv) any Indian tribe, and
(v) any corporation, board, or other person owned or controlled by any entity described in clause (i), (ii), (iii), or (iv),
which before, on, or after January 1, 1996, received governmental assistance for the purchase or operation of any bus.
(B) PRIVATE RECIPIENT OF GOVERNMENT ASSISTANCE.—The term ‘‘private recipient of
government assistance’’ means any person
(other than a person described in subparagraph (A)) who before, on, or after January
1, 1996, received governmental financial assistance in the form of a subsidy for the purchase, lease, or operation of any bus.
(c) RESTRICTIONS ON MOTOR CARRIERS DOMICILED IN OR OWNED OR CONTROLLED BY NATIONALS
OF A CONTIGUOUS FOREIGN COUNTRY.—
(1) PREVENTION OF DISCRIMINATORY PRACTICES.—If the President, or the delegate thereof, determines that an act, policy, or practice
of a foreign country contiguous to the United
States, or any political subdivision or any instrumentality of any such country is unreasonable or discriminatory and burdens or restricts United States transportation companies providing, or seeking to provide, motor
carrier transportation to, from, or within such
foreign country, the President or such delegate may—
(A) seek elimination of such practices
through consultations; or
(B) notwithstanding any other provision of
law, suspend, modify, amend, condition, or
restrict operations, including geographical
restriction of operations, in the United
States by motor carriers of property or passengers domiciled in such foreign country or
owned or controlled by persons of such foreign country.
(2) EQUALIZATION OF TREATMENT.—Any action taken under paragraph (1)(A) to eliminate
an act, policy, or practice shall be so devised
so as to equal to the extent possible the bur-

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dens or restrictions imposed by such foreign
country on United States transportation companies.
(3) REMOVAL OR MODIFICATION.—The President, or the delegate thereof, may remove or
modify in whole or in part any action taken
under paragraph (1)(A) if the President or such
delegate determines that such removal or
modification is consistent with the obligations
of the United States under a trade agreement
or with United States transportation policy.
(4) PROTECTION OF EXISTING OPERATIONS.—Unless and until the President, or the delegate
thereof, makes a determination under paragraph (1) or (3), nothing in this subsection
shall affect—
(A) operations of motor carriers of property or passengers domiciled in any contiguous foreign country or owned or controlled
by persons of any contiguous foreign country permitted in the commercial zones along
the United States-Mexico border as such
zones were defined on December 31, 1995; or
(B) any existing restrictions on operations
of motor carriers of property or passengers
domiciled in any contiguous foreign country
or owned or controlled by persons of any
contiguous foreign country or any modifications thereof pursuant to section 6 of the
Bus Regulatory Reform Act of 1982.
(5) PUBLICATION; COMMENT.—Unless the
President, or the delegate thereof, determines
that expeditious action is required, the President shall publish in the Federal Register any
determination under paragraph (1) or (3), together with a description of the facts on which
such a determination is based and any proposed action to be taken pursuant to paragraph (1)(B) or (3), and provide an opportunity
for public comment.
(6) DELEGATION TO SECRETARY.—The President may delegate any or all authority under
this subsection to the Secretary, who shall
consult with other agencies as appropriate. In
accordance with the directions of the President, the Secretary may issue regulations to
enforce this subsection.
(7) CIVIL ACTIONS.—Either the Secretary or
the Attorney General may bring a civil action
in an appropriate district court of the United
States to enforce this subsection or a regulation prescribed or order issued under this subsection. The court may award appropriate relief, including injunctive relief.
(8) LIMITATION ON STATUTORY CONSTRUCTION.—This subsection shall not be construed
as affecting the requirement for all foreign
motor carriers and foreign motor private carriers operating in the United States to comply
with all applicable laws and regulations pertaining to fitness, safety of operations, financial responsibility, and taxes imposed by section 4481 of the Internal Revenue Code of 1986.
(d) TRANSITION RULE.—
(1) IN GENERAL.—Pending the implementation of the rulemaking required by section
13908, the Secretary may register a person
under this section—
(A) as a motor common carrier if such person would have been issued a certificate to

§ 13902

provide transportation as a motor common
carrier under this subtitle on December 31,
1995; and
(B) as a motor contract carrier if such person would have been issued a permit to provide transportation as a motor contract carrier under this subtitle on such day.
(2) DEFINITIONS.—In this subsection, the
terms ‘‘motor common carrier’’ and ‘‘motor
contract carrier’’ have the meaning such
terms had under section 10102 as such section
was in effect on December 31, 1995.
(3) TERMINATION.—This subsection shall
cease to be in effect on the transition termination date.
(e) PENALTIES FOR FAILURE TO COMPLY WITH
REGISTRATION REQUIREMENTS.—In addition to
other penalties available under law, motor carriers that fail to register their operations as required by this section or that operate beyond
the scope of their registrations may be subject
to the following penalties:
(1) OUT-OF-SERVICE ORDERS.—If, upon inspection or investigation, the Secretary determines that a motor carrier providing transportation requiring registration under this section is operating without a registration or beyond the scope of its registration, the Secretary may order the motor carrier operations
out-of-service. Subsequent to the issuance of
the out-of-service order, the Secretary shall
provide an opportunity for review in accordance with section 554 of title 5, United States
Code; except that such review shall occur not
later than 10 days after issuance of such order.
(2) PERMISSION FOR OPERATIONS.—A person
domiciled in a country contiguous to the
United States with respect to which an action
under subsection (c)(1)(A) or (c)(1)(B) is in effect and providing transportation for which
registration is required under this section
shall maintain evidence of such registration in
the motor vehicle when the person is providing the transportation. The Secretary shall
not permit the operation in interstate commerce in the United States of any motor vehicle in which there is not a copy of the registration issued pursuant to this section.
(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

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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—
(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.
(g) MOTOR CARRIER DEFINED.—In this section
and sections 13905 and 13906, the term ‘‘motor
carrier’’ includes foreign motor private carriers.
(h) UPDATE OF REGISTRATION.—
(1) IN GENERAL.—The Secretary shall require
a registrant to update its registration under
this section not later than 30 days after a
change in the registrant’s address, other contact information, officers, process agent, or
other essential information, as determined by
the Secretary.
(2) MOTOR CARRIERS OF PASSENGERS.—In addition to the requirements of paragraph (1),
the Secretary shall require a motor carrier of
passengers to update its registration information, including numbers of vehicles, annual
mileage, and individuals responsible for compliance with Federal safety regulations quarterly for the first 2 years after being issued a
registration under this section.
(i) REGISTRATION AS FREIGHT FORWARDER OR
BROKER REQUIRED.—A motor carrier registered
under this chapter—
(1) may only provide transportation of property with—
(A) self-propelled motor vehicles owned or
leased by the motor carrier; or
(B) interchanges under regulations issued
by the Secretary if the originating carrier—
(i) physically transports the cargo at
some point; and
(ii) retains liability for the cargo and for
payment of interchanged carriers; and
(2) may not arrange transportation except as
described in paragraph (1) unless the motor
carrier has obtained a separate registration as
a freight forwarder or broker for transportation under section 13903 or 13904, as applicable.
(Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995,
109 Stat. 880; amended Pub. L. 104–287, § 5(32),
Oct. 11, 1996, 110 Stat. 3391; Pub. L. 106–159, title
II, § 205, Dec. 9, 1999, 113 Stat. 1762; Pub. L. 109–59,
title IV, §§ 4113(b), 4204, 4303(c), Aug. 10, 2005, 119

Page 408

Stat. 1725, 1753, 1762; Pub. L. 110–291, § 2, July 30,
2008, 122 Stat. 2915; Pub. L. 112–141, div. C, title
II, §§ 32101(a), 32107(a), 32111, 32915, 32921(a), July
6, 2012, 126 Stat. 777, 781, 783, 820, 827; Pub. L.
114–94, div. A, title V, § 5508(a)(1), Dec. 4, 2015, 129
Stat. 1554.)
HISTORICAL AND REVISION NOTES
PUB. L. 104–287, § 5(32)(A)
This amends 49:13902(b)(8)(A) to correct a grammatical error and to set out the effective date of 49:13902(b).
PUB. L. 104–287, § 5(32)(B)
This sets out the effective date of 49:13902(b)(8).
PUB. L. 104–287, § 5(32)(C)
This amends 49:13902(c)(4)(A) and (d)(1) and (2) for
clarity and consistency.
REFERENCES IN TEXT
Section 32101(b) of the Commercial Motor Vehicle
Safety Enhancement Act of 2012, referred to in subsec.
(a)(1)(D), is section 32101(b) of Pub. L. 112–141, which is
set out as a note below.
Section 6 of the Bus Regulatory Reform Act of 1982,
referred to in subsec. (c)(4)(B), is section 6 of Pub. L.
97–261, Sept. 20, 1982, 96 Stat. 1103, which amended
former sections 10102, 10322, 10521, 10922, and 11711 of
this title, section 250 of Title 26, Internal Revenue
Code, and former section 5201 of Title 39, Postal Service.
Section 4481 of the Internal Revenue Code of 1986, referred to in subsec. (c)(8), is classified to section 4481 of
Title 26, Internal Revenue Code.
Section 10102, referred to in subsec. (d)(2), was omitted and a new section 10102 enacted in the general
amendment of this subtitle by Pub. L. 104–88, title I,
§ 102(a), Dec. 29, 1995, 109 Stat. 804, 806, effective Jan. 1,
1996.
The date of enactment of the Unified Carrier Registration Act of 2005, referred to in subsec. (f)(3), is the
date of enactment of subtitle C of title IV of Pub. L.
109–59, which was approved Aug. 10, 2005.
PRIOR PROVISIONS
Provisions similar to those in this section were contained in section 10922 of this title prior to the general
amendment of this subtitle by Pub. L. 104–88, § 102(a).
AMENDMENTS
2015—Subsec. (i)(2). Pub. L. 114–94 inserted ‘‘except
as’’ before ‘‘described’’.
2012—Subsec. (a)(1). Pub. L. 112–141, § 32915(1)(A), inserted ‘‘using self-propelled vehicles the motor carrier
owns, rents, or leases’’ after ‘‘motor carrier’’ in introductory provisions.
Pub. L. 112–141, § 32101(a), amended par. (1) generally.
Prior to amendment, text read as follows: ‘‘Except as
provided in this section, the Secretary shall register a
person to provide transportation subject to jurisdiction
under subchapter I of chapter 135 of this title as a
motor carrier if the Secretary finds that the person is
willing and able to comply with—
‘‘(A) this part and the applicable regulations of the
Secretary and the Board;
‘‘(B)(i) any safety regulations imposed by the Secretary;
‘‘(ii) the duties of employers and employees established by the Secretary under section 31135; and
‘‘(iii) the safety fitness requirements established by
the Secretary under section 31144;
‘‘(C) 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; and

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‘‘(D) the minimum financial responsibility requirements established by the Secretary pursuant to sections 13906 and 31138.’’
Subsec. (a)(2)(B). Pub. L. 112–141, § 32921(a)(1), substituted ‘‘section 13702(c); and’’ for ‘‘section 13702(c);’’.
Subsec. (a)(2)(C). Pub. L. 112–141, § 32921(a)(2), amended subpar. (C) generally. Prior to amendment, subpar.
(C) read as follows: ‘‘provides evidence that it has access to, has read, is familiar with, and will observe all
applicable Federal laws relating to consumer protection, estimating, consumers’ rights and responsibilities, and options for limitations of liability for loss
and damage; and’’.
Subsec. (a)(2)(D). Pub. L. 112–141, § 32921(a)(3), struck
out subpar. (D) which read as follows: ‘‘discloses any relationship involving common stock, common ownership, common management, or common familial relationships between that person and any other motor carrier, freight forwarder, or broker of household goods
within 3 years of the proposed date of registration.’’
Subsec. (a)(6). Pub. L. 112–141, § 32915(1)(B), added par.
(6).
Subsec. (e)(1). Pub. L. 112–141, § 32111, substituted ‘‘a
motor carrier’’ for ‘‘a motor vehicle’’ and ‘‘order the
motor carrier operations’’ for ‘‘order the vehicle’’.
Subsec. (h). Pub. L. 112–141, § 32107(a), added subsec.
(h).
Subsec. (i). Pub. L. 112–141, § 32915(2), added subsec. (i).
2008—Subsec. (a)(1)(C), (D). Pub. L. 110–291, § 2(a),
added subpar. (C) and redesignated former subpar. (C)
as (D).
Subsec. (a)(5). Pub. L. 110–291, § 2(b), inserted ‘‘(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)’’ after ‘‘Board’’.
2005—Subsec. (a)(1)(B). Pub. L. 109–59, § 4113(b),
amended subpar. (B) generally. Prior to amendment,
subpar. (B) read as follows: ‘‘any safety regulations imposed by the Secretary and the safety fitness requirements established by the Secretary under section 31144;
and’’.
Subsec. (a)(2), (3). Pub. L. 109–59, § 4204(1), (3), added
pars. (2) and (3) and struck out former pars. (2) and (3)
which read as follows:
‘‘(2) 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 the requirements of
subparagraph (A), (B), or (C) of paragraph (1).
‘‘(3) WITHHOLDING.—If the Secretary determines that
any registrant under this section does not meet the requirements of paragraph (1), the Secretary shall withhold registration.’’
Subsec. (a)(4). Pub. L. 109–59, § 4204(3), added par. (4).
Former par. (4) redesignated (5).
Subsec. (a)(5). Pub. L. 109–59, § 4204(2), (4), redesignated par. (4) as (5) and inserted at end ‘‘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.’’
Subsec. (d)(3). Pub. L. 109–59, § 4303(c)(1), added par.
(3).
Subsecs. (f), (g). Pub. L. 109–59, § 4303(c)(2), added subsec. (f) and redesignated former subsec. (f) as (g).
1999—Subsecs. (e), (f). Pub. L. 106–159 added subsec. (e)
and redesignated former subsec. (e) as (f).
1996—Subsec. (b)(8)(A). Pub. L. 104–287, § 5(32)(A), inserted ‘‘and’’ after ‘‘any Indian tribe,’’ in cl. (iv), struck
out ‘‘and’’ after ‘‘clause (i), (ii), (iii), or (iv),’’ in cl. (v),
and substituted ‘‘January 1, 1996,’’ for ‘‘the effective
date of this subsection’’ in concluding provisions.
Subsec. (b)(8)(B). Pub. L. 104–287, § 5(32)(B), substituted ‘‘January 1, 1996,’’ for ‘‘the effective date of
this paragraph’’.
Subsecs. (c)(4)(A), (d)(1)(A), (2). Pub. L. 104–287,
§ 5(32)(C), substituted ‘‘December 31, 1995’’ for ‘‘the day
before the effective date of this section’’.

EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–94 effective Oct. 1, 2015,
see section 1003 of Pub. L. 114–94, set out as a note
under section 5313 of Title 5, Government Organization
and Employees.
EFFECTIVE DATE OF 2012 AMENDMENT
Amendment by sections 32101(a), 32107(a), 32111, and
32915 of Pub. L. 112–141 effective Oct. 1, 2012, see section
3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section
101 of Title 23, Highways.
Pub. L. 112–141, div. C, title II, § 32921(c), July 6, 2012,
126 Stat. 828, provided that: ‘‘The amendments made by
this section [amending this section and section 31144 of
this title] shall take effect 2 years after the date of enactment of this Act [see section 3(a), (b) of Pub. L.
112–141, set out as Effective and Termination Dates of
2012 Amendment notes under section 101 of Title 23,
Highways].’’
REGULATIONS
Pub. L. 109–59, title IV, § 4308, Aug. 10, 2005, 119 Stat.
1774, provided that: ‘‘The Secretary [of Transportation]
may issue such regulations as the Secretary determines
are necessary to carry out this subtitle [subtitle C
(§§ 4301–4308) of title IV of Pub. L. 109–59, see Short Title
of 2005 Amendment note set out under section 10101 of
this title] and the amendments made by this subtitle.’’
DEEMED REFERENCES TO CHAPTERS 509 AND 511 OF
TITLE 51
General references to ‘‘this title’’ deemed to refer
also to chapters 509 and 511 of Title 51, National and
Commercial Space Programs, see section 4(d)(8) of Pub.
L. 111–314, set out as a note under section 101 of this
title.
WRITTEN PROFICIENCY EXAMINATION
Pub. L. 112–141, div. C, title II, § 32101(b), July 6, 2012,
126 Stat. 777, provided that: ‘‘Not later than 18 months
after the date of enactment of this Act [see section 3(a),
(b) of Pub. L. 112–141, set out as Effective and Termination Dates of 2012 Amendment notes under section
101 of Title 23, Highways], the Secretary [of Transportation] shall establish through a rulemaking a written
proficiency examination for applicant motor carriers
pursuant to section 13902(a)(1)(D) of title 49, United
States Code. The written proficiency examination shall
test a person’s knowledge of applicable safety regulations, standards, and orders of the Federal government.’’
DEADLINE FOR IMPLEMENTATION OF REGISTRATION
REQUIREMENTS
Pub. L. 110–291, § 4, July 30, 2008, 122 Stat. 2915, provided that: ‘‘Not later than 30 days after the date of enactment of this Act [July 30, 2008], the Secretary shall
take necessary actions to implement the changes required by the amendment made by section 2(a) [amending this section] relating to registration of motor carriers providing transportation by an over-the-road
bus.’’
COORDINATION WITH DEPARTMENT OF JUSTICE
Pub. L. 110–291, § 5, July 30, 2008, 122 Stat. 2916, provided that: ‘‘Not later than 6 months after the date of
enactment of this Act [July 30, 2008], the Secretary of
Transportation and the Attorney General shall enter
into a memorandum of understanding to delineate the
specific roles and responsibilities of the Department of
Transportation and the Department of Justice, respectively, in enforcing the compliance of motor carriers of
passengers providing transportation by an over-theroad bus (as defined in section 13102 of title 49, United
States Code) with the accessibility requirements established by the Secretary under subpart H of part 37 of
title 49, Code of Federal Regulations, or such successor

§ 13902

TITLE 49—TRANSPORTATION

regulations to those accessibility requirements as the
Secretary may issue. Such memorandum shall recognize the Department of Transportation’s statutory responsibilities as clarified by this Act [see Short Title of
2008 Amendment note set out under section 10101 of this
title] (including the amendments made by this Act).’’
AUTHORITY OF MEXICAN MOTOR CARRIERS TO OPERATE
BEYOND UNITED STATES MUNICIPALITIES AND COMMERCIAL ZONES ON UNITED STATES-MEXICO BORDER
Pub. L. 110–28, title VI, § 6901, May 25, 2007, 121 Stat.
183, provided that:
‘‘(a) Hereafter, funds limited or appropriated for the
Department of Transportation may be obligated or expended to grant authority to a Mexico-domiciled motor
carrier to operate beyond United States municipalities
and commercial zones on the United States-Mexico border only to the extent that—
‘‘(1) granting such authority is first tested as part
of a pilot program;
‘‘(2) such pilot program complies with the requirements of section 350 of Public Law 107–87 [set out
below] and the requirements of section 31315(c) of
title 49, United States Code, related to pilot programs; and
‘‘(3) simultaneous and comparable authority to operate within Mexico is made available to motor carriers domiciled in the United States.
‘‘(b) Prior to the initiation of the pilot program described in subsection (a) in any fiscal year—
‘‘(1) the Inspector General of the Department of
Transportation shall transmit to Congress and the
Secretary of Transportation a report verifying compliance with each of the requirements of subsection
(a) of section 350 of Public Law 107–87, including
whether the Secretary of Transportation has established sufficient mechanisms to apply Federal motor
carrier safety laws and regulations to motor carriers
domiciled in Mexico that are granted authority to operate beyond the United States municipalities and
commercial zones on the United States-Mexico border and to ensure compliance with such laws and regulations; and
‘‘(2) the Secretary of Transportation shall—
‘‘(A) take such action as may be necessary to address any issues raised in the report of the Inspector General under subsection (b)(1) and submit a report to Congress detailing such actions; and
‘‘(B) publish in the Federal Register, and provide
sufficient opportunity for public notice and comment—
‘‘(i) comprehensive data and information on the
pre-authorization safety audits conducted before
and after the date of enactment of this Act [May
25, 2007] of motor carriers domiciled in Mexico
that are granted authority to operate beyond the
United States municipalities and commercial
zones on the United States-Mexico border;
‘‘(ii) specific measures to be required to protect
the health and safety of the public, including enforcement measures and penalties for noncompliance;
‘‘(iii) specific measures to be required to ensure
compliance with section 391.11(b)(2) and section
365.501(b) of title 49, Code of Federal Regulations;
‘‘(iv) specific standards to be used to evaluate
the pilot program and compare any change in the
level of motor carrier safety as a result of the
pilot program; and
‘‘(v) a list of Federal motor carrier safety laws
and regulations, including the commercial drivers
license requirements, for which the Secretary of
Transportation will accept compliance with a
corresponding Mexican law or regulation as the
equivalent to compliance with the United States
law or regulation, including for each law or regulation an analysis as to how the corresponding
United States and Mexican laws and regulations
differ.
‘‘(c) During and following the pilot program described
in subsection (a), the Inspector General of the Depart-

Page 410

ment of Transportation shall monitor and review the
conduct of the pilot program and submit to Congress
and the Secretary of Transportation an interim report,
6 months after the commencement of the pilot program, and a final report, within 60 days after the conclusion of the pilot program. Such reports shall address
whether—
‘‘(1) the Secretary of Transportation has established sufficient mechanisms to determine whether
the pilot program is having any adverse effects on
motor carrier safety;
‘‘(2) Federal and State monitoring and enforcement
activities are sufficient to ensure that participants in
the pilot program are in compliance with all applicable laws and regulations; and
‘‘(3) the pilot program consists of a representative
and adequate sample of Mexico-domiciled carriers
likely to engage in cross-border operations beyond
United States municipalities and commercial zones
on the United States-Mexico border.
‘‘(d) In the event that the Secretary of Transportation in any fiscal year seeks to grant operating authority for the purpose of initiating cross-border operations beyond United States municipalities and commercial zones on the United States-Mexico border either with Mexico-domiciled motor coaches or Mexicodomiciled
commercial
motor
vehicles
carrying
placardable quantities of hazardous materials, such activities shall be initiated only after the conclusion of a
separate pilot program limited to vehicles of the pertinent type. Each such separate pilot program shall follow the same requirements and processes stipulated
under subsections (a) through (c) of this section and
shall be planned, conducted and evaluated in concert
with the Department of Homeland Security or its Inspector General, as appropriate, so as to address any
and all security concerns associated with such crossborder operations.’’
RELATIONSHIP TO OTHER LAWS
Pub. L. 109–59, title IV, § 4302, Aug. 10, 2005, 119 Stat.
1761, provided that: ‘‘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 [subtitle C (§§ 4301–4308) of title IV
of Pub. L. 109–59, see Short Title of 2005 Amendment
note set out under section 10101 of this title] 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.’’
SAFETY OF CROSS-BORDER TRUCKING BETWEEN UNITED
STATES AND MEXICO
Pub. L. 107–87, title III, § 350, Dec. 18, 2001, 115 Stat.
864, as amended by Pub. L. 114–113, div. L, title I,
§ 130(b), Dec. 18, 2015, 129 Stat. 2850, provided that:
‘‘(a) No funds limited or appropriated in this Act [see
Tables for classification] may be obligated or expended
for the review or processing of an application by a
Mexican motor carrier for authority to operate beyond
United States municipalities and commercial zones on
the United States-Mexico border until the Federal
Motor Carrier Safety Administration—
‘‘(1)(A) requires a safety examination of such motor
carrier to be performed before the carrier is granted
conditional operating authority to operate beyond
United States municipalities and commercial zones
on the United States-Mexico border;
‘‘(B) requires the safety examination to include—
‘‘(i) verification of available performance data
and safety management programs;
‘‘(ii) verification of a drug and alcohol testing
program consistent with part 40 of title 49, Code of
Federal Regulations;
‘‘(iii) verification of that motor carrier’s system
of compliance with hours-of-service rules, including
hours-of-service records;

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‘‘(iv) verification of proof of insurance;
‘‘(v) a review of available data concerning that
motor carrier’s safety history, and other information necessary to determine the carrier’s preparedness to comply with Federal Motor Carrier Safety
rules and regulations and Hazardous Materials
rules and regulations;
‘‘(vi) an inspection of that Mexican motor carrier’s commercial vehicles to be used under such
operating authority, if any such commercial vehicles have not received a decal from the inspection
required in subsection (a)(5);
‘‘(vii) an evaluation of that motor carrier’s safety
inspection, maintenance, and repair facilities or
management systems, including verification of
records of periodic vehicle inspections;
‘‘(viii) verification of drivers’ qualifications, including a confirmation of the validity of the
Licencia de Federal de Conductor of each driver of
that motor carrier who will be operating under
such authority; and
‘‘(ix) an interview with officials of that motor
carrier to review safety management controls and
evaluate any written safety oversight policies and
practices.
‘‘(C) requires that—
‘‘(i) Mexican motor carriers with three or fewer
commercial vehicles need not undergo on-site safety examination; however 50 percent of all safety examinations of all Mexican motor carriers shall be
conducted onsite; and
‘‘(ii) such on-site inspections shall cover at least
50 percent of estimated truck traffic in any year.
‘‘(2) requires a full safety compliance review of the
carrier consistent with the safety fitness evaluation
procedures set forth in part 385 of title 49, Code of
Federal Regulations, and gives the motor carrier a
satisfactory rating, before the carrier is granted permanent operating authority to operate beyond
United States municipalities and commercial zones
on the United States-Mexico border, and requires
that any such safety compliance review take place
within 18 months of that motor carrier being granted
conditional operating authority, provided that—
‘‘(A) Mexican motor carriers with three or fewer
commercial vehicles need not undergo onsite compliance review; however 50 percent of all compliance reviews of all Mexican motor carriers shall be
conducted on-site; and
‘‘(B) any Mexican motor carrier with 4 or more
commercial vehicles that did not undergo an onsite safety exam under (a)(1)(C), shall undergo an
on-site safety compliance review under this section.
‘‘(3) requires Federal and State inspectors to verify
electronically the status and validity of the license of
each driver of a Mexican motor carrier commercial
vehicle crossing the border;
‘‘(A) for every such vehicle carrying a placardable
quantity of hazardous materials;
‘‘(B) whenever the inspection required in subsection (a)(5) is performed; and
‘‘(C) randomly for other Mexican motor carrier
commercial vehicles, but in no case less than 50
percent of all other such commercial vehicles.
‘‘(4) gives a distinctive Department of Transportation number to each Mexican motor carrier operating beyond the commercial zone to assist inspectors
in enforcing motor carrier safety regulations including hours-of-service rules under part 395 of title 49,
Code of Federal Regulations;
‘‘(5) requires, with the exception of Mexican motor
carriers that have been granted permanent operating
authority for three consecutive years—
‘‘(A) inspections of all commercial vehicles of
Mexican motor carriers authorized, or seeking authority to operate beyond United States municipalities and commercial zones on the United
States-Mexico border that do not display a valid
Commercial Vehicle Safety Alliance inspection
decal, by certified inspectors in accordance with

§ 13902

the requirements for a Level I Inspection under the
criteria of the North American Standard Inspection
(as defined in section 350.105 of title 49, Code of Federal Regulations), including examination of the
driver, vehicle exterior and vehicle under-carriage;
‘‘(B) a Commercial Vehicle Safety Alliance decal
to be affixed to each such commercial vehicle upon
completion of the inspection required by clause (A)
or a re-inspection if the vehicle has met the criteria
for the Level I inspection; and
‘‘(C) that any such decal, when affixed, expire at
the end of a period of not more than 90 days, but
nothing in this paragraph shall be construed to preclude the Administration from requiring reinspection of a vehicle bearing a valid inspection decal or
from requiring that such a decal be removed when
a certified Federal or State inspector determines
that such a vehicle has a safety violation subsequent to the inspection for which the decal was
granted.
‘‘(6) requires State inspectors who detect violations
of Federal motor carrier safety laws or regulations to
enforce them or notify Federal authorities of such
violations;
‘‘(7)(A) equips all United States-Mexico commercial
border crossings with scales suitable for enforcement
action; equips 5 of the 10 such crossings that have the
highest volume of commercial vehicle traffic with
weigh-in-motion (WIM) systems; ensures that the remaining 5 such border crossings are equipped within
12 months; requires inspectors to verify the weight of
each Mexican motor carrier commercial vehicle entering the United States at said WIM equipped high
volume border crossings; and
‘‘(B) initiates a study to determine which other
crossings should also be equipped with weigh-in-motion systems;
‘‘(8) the Federal Motor Carrier Safety Administration has implemented a policy to ensure that no
Mexican motor carrier will be granted authority to
operate beyond United States municipalities and
commercial zones on the United States-Mexico border unless that carrier provides proof of valid insurance with an insurance company licensed in the
United States;
‘‘(9) requires commercial vehicles operated by a
Mexican motor carrier to enter the United States
only at commercial border crossings where and when
a certified motor carrier safety inspector is on duty
and where adequate capacity exists to conduct a sufficient number of meaningful vehicle safety inspections and to accommodate vehicles placed out-ofservice as a result of said inspections.
‘‘(10) publishes—
‘‘(A) interim final regulations under section 210(b)
of the Motor Carrier Safety Improvement Act of
1999 [Pub. L. 106–159] (49 U.S.C. 31144 note) that establish minimum requirements for motor carriers,
including foreign motor carriers, to ensure they are
knowledgeable about Federal safety standards, that
may include the administration of a proficiency examination;
‘‘(B) interim final regulations under section 31148
of title 49, United States Code, that implement
measures to improve training and provide for the
certification of motor carrier safety auditors;
‘‘(C) a policy under sections 218(a) and (b) of that
Act (49 U.S.C. 31133 note) establishing standards for
the determination of the appropriate number of
Federal and State motor carrier inspectors for the
United States-Mexico border;
‘‘(D) a policy under section 219(d) of that Act (49
U.S.C. 14901 note) that prohibits foreign motor carriers from leasing vehicles to another carrier to
transport products to the United States while the
lessor is subject to a suspension, restriction, or limitation on its right to operate in the United States;
and
‘‘(E) a policy under section 219(a) of that Act (49
U.S.C. 14901 note) that prohibits foreign motor car-

§ 13902

TITLE 49—TRANSPORTATION

riers from operating in the United States that is
found to have operated illegally in the United
States.
‘‘(b) No vehicles owned or leased by a Mexican motor
carrier and carrying hazardous materials in a
placardable quantity may be permitted to operate beyond a United States municipality or commercial zone
until the United States has completed an agreement
with the Government of Mexico which ensures that
drivers of such vehicles carrying such placardable
quantities of hazardous materials meet substantially
the same requirements as United States drivers carrying such materials.
‘‘(c) No vehicles owned or leased by a Mexican motor
carrier may be permitted to operate beyond United
States municipalities and commercial zones under conditional or permanent operating authority granted by
the Federal Motor Carrier Safety Administration
until—
‘‘(1) the Department of Transportation Inspector
General conducts a comprehensive review of border
operations within 180 days of enactment [probably
means date of enactment of this Act, which was approved Dec. 18, 2001] to verify that—
‘‘(A) all new inspector positions funded under this
Act [see Tables for classification] have been filled
and the inspectors have been fully trained;
‘‘(B) each inspector conducting on-site safety
compliance reviews in Mexico consistent with the
safety fitness evaluation procedures set forth in
part 385 of title 49, Code of Federal Regulations, is
fully trained as a safety specialist;
‘‘(C) the requirement of subparagraph (a)(2) has
not been met by transferring experienced inspectors
from other parts of the United States to the United
States-Mexico border, undermining the level of inspection coverage and safety elsewhere in the
United States;
‘‘(D) the Federal Motor Carrier Safety Administration has implemented a policy to ensure compliance with hours-of-service rules under part 395 of
title 49, Code of Federal Regulations, by Mexican
motor carriers seeking authority to operate beyond
United States municipalities and commercial zones
on the United States-Mexico border;
‘‘(E) the information infrastructure of the Mexican government is sufficiently accurate, accessible,
and integrated with that of United States enforcement authorities to allow United States authorities
to verify the status and validity of licenses, vehicle
registrations, operating authority and insurance of
Mexican motor carriers while operating in the
United States, and that adequate telecommunications links exist at all United States-Mexico border
crossings used by Mexican motor carrier commercial vehicles, and in all mobile enforcement units
operating adjacent to the border, to ensure that licenses, vehicle registrations, operating authority
and insurance information can be easily and quickly verified at border crossings or by mobile enforcement units;
‘‘(F) there is adequate capacity at each United
States-Mexico border crossing used by Mexican
motor carrier commercial vehicles to conduct a sufficient number of meaningful vehicle safety inspections and to accommodate vehicles placed out-ofservice as a result of said inspections;
‘‘(G) there is an accessible database containing
sufficiently comprehensive data to allow safety
monitoring of all Mexican motor carriers that
apply for authority to operate commercial vehicles
beyond United States municipalities and commercial zones on the United States-Mexico border and
the drivers of those vehicles; and
‘‘(H) measures are in place to enable United
States law enforcement authorities to ensure the
effective enforcement and monitoring of license
revocation and licensing procedures of Mexican
motor carriers.
‘‘(2) The Secretary of Transportation certifies in
writing in a manner addressing the Inspector Gen-

Page 412

eral’s findings in paragraphs (c)(1)(A) through
(c)(1)(H) of this section that the opening of the border
does not pose an unacceptable safety risk to the
American public.
‘‘[(d) Repealed. Pub. L. 114–113, div. L, title I, § 130(b),
Dec. 18, 2015, 129 Stat. 2850.]
‘‘(e) For purposes of this section, the term ‘Mexican
motor carrier’ shall be defined as a Mexico-domiciled
motor carrier operating beyond United States municipalities and commercial zones on the United StatesMexico border.
‘‘(f) In addition to amounts otherwise made available
in this Act, to be derived from the Highway Trust
Fund, there is hereby appropriated to the Federal
Motor Carrier Safety Administration, $25,866,000 for the
salary, expense, and capital costs associated with the
requirements of this section.’’
LIMITED MODIFICATION TO MORATORIUM ON ISSUANCE OF
CERTIFICATES OR PERMITS WITH RESPECT TO MEXICO
Memorandum of President of the United States, May
6, 1993, 58 F.R. 27647, provided:
Memorandum for the Secretary of Transportation
Section 6 of the Bus Regulatory Reform Act of 1982
[Pub. L. 97–261, see former 49 U.S.C. 10922(m)(1), (2)] imposed a moratorium on the issuance of certificates or
permits to motor carriers domiciled in, or owned or
controlled by persons of, a contiguous foreign country.
The Act [Pub. L. 97–261, see Tables for classification]
authorized the President to remove the moratorium in
whole or in part for any country or political subdivision thereof upon determining that such action is in
the national interest. Sixty days’ advance notice to the
Congress is required whenever the removal or modification applies to a contiguous foreign country or political
subdivision thereof that substantially prohibits the
granting of motor carrier authority to persons from the
United States.
I am pleased that an agreement between the United
States and Mexico has been concluded to ensure fair
and reciprocal treatment for charter and tour bus interests on both sides of the border. The agreement
reached, however, does not allow for full access to
cross-border and domestic markets. Therefore, the
moratorium must reflect the conditions under which
operating authority may be issued to Mexican charter
and tour companies under the agreement.
Pursuant to section 6 of the Bus Regulatory Reform
Act of 1982, 49 U.S.C. section 10922(l)(2)(A) [see former 49
U.S.C. 10922(m)(2)(A)], I hereby make a limited modification to the moratorium imposed by that section
and all actions taken by my predecessors under that
section on the issuance of certificates or permits to
motor carriers domiciled in, or owned or controlled by
persons of, a contiguous foreign country.
The moratorium is modified only to authorize the
Interstate Commerce Commission to grant Mexican
motor carriers authority to transport passengers in
charter or special operations, in foreign commerce, in
round trip or one-way service between Mexico and the
United States pursuant to the following restrictions:
1. The Mexican motor carrier can conduct cross-border charter or special service in the United States only
when the international tour or charter begins in Mexico;
2. Tickets or tour packages for such operations cannot be sold in the United States; and
3. The terms of the grants of authority given to Mexican motor carriers will be limited by the life of the
agreement with Mexico covering reciprocal cross-border charter and special operations.
This action applies only to international charter and
tour operations, does not allow for point-to-point service within the United States, and does not authorize
companies to conduct cross-border regular route service. This action preserves the status quo with respect
to Mexican trucking companies and Mexican companies
engaged in regular route service, and will maintain the
moratorium on those operations through September 25,
1994, unless earlier revoked or modified.

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TITLE 49—TRANSPORTATION

Accordingly, you are directed to notify the Congress
today on my behalf that, effective 60 days hence, the
moratorium will no longer be in effect for Mexican
charter and tour bus companies subject to the above
stated conditions. Because of this action, the Interstate
Commerce Commission will then accept and process expeditiously all applications for operating authority
from Mexican owned, controlled, or domiciled charter
and tour bus firms. I should note that applications in
Mexico by United States charter and tour bus firms
will be similarly treated.
You are hereby authorized and directed to publish
this determination in the Federal Register.
WILLIAM J. CLINTON.
Memorandum of President of the United States, Jan.
1, 1994, 59 F.R. 653, provided:
Memorandum for the Secretary of Transportation
Section 6 of the Bus Regulatory Reform Act of 1982
[Pub. L. 97–261, see former 49 U.S.C. 10922(m)(1), (2)] imposed a moratorium on the issuance of certificates or
permits to motor carriers domiciled in, or owned or
controlled by, persons of a contiguous foreign country.
The Act [Pub. L. 97–261, see Tables for classification]
authorized the President to remove the moratorium in
whole or in part for any country or political subdivision thereof upon determining that such action is in
the national interest. Sixty days’ advance notice to the
Congress is required whenever the removal or modification applies to a foreign contiguous country or political
subdivision thereof that substantially prohibits the
granting of motor carrier authority to persons from the
United States.
As set forth in the Statement of Administrative Action regarding the North American Free Trade Agreement (NAFTA) that I submitted to the Congress on November 3, 1993, the moratorium with respect to Mexico
will be lifted in phases to coincide with the schedule of
liberalization in the relevant provisions of the NAFTA.
The NAFTA specifically states that the moratorium
will not apply to the provision of cross-border charter
or tour bus services as of the date of entry into force
of the Agreement.
This is to give public notice that, pursuant to section
6 of the Bus Regulatory Reform Act of 1982, 49 U.S.C.
section
10922(l)(2)(A)
[see
former
49
U.S.C.
10922(m)(2)(A)], on November 3, 1993, I gave the Congress notice of my intention to make a limited modification to the moratorium imposed by that section
and all actions taken by my predecessors under that
section on the issuance of certificates or permits to
motor carriers domiciled in, or owned or controlled by,
persons of Mexico. This modification will take effect on
January 1, 1994, the 60th day after my notice to the
Congress.
The moratorium is modified only to authorize the
Interstate Commerce Commission to grant Mexican
motor carriers authority to transport passengers in
charter or tour bus operations, in foreign commerce, in
round-trip or one-way service between Mexico and the
United States.
This action applies only to international charter or
tour bus operations, does not allow for point-to-point
bus service within the United States, and does not authorize companies to conduct cross-border regular
route bus service.
Effective January 1, 1994, the Interstate Commerce
Commission will begin to accept and process expeditiously all applications for operating authority from
Mexican owned, controlled, or domiciled charter and
tour bus firms.
This determination shall be published in the Federal
Register.
WILLIAM J. CLINTON.
[Interstate Commerce Commission abolished and
functions of Commission transferred, except as otherwise provided in Pub. L. 104–88, to Surface Transportation Board effective Jan. 1, 1996, by section 1302 of
this title and section 101 of Pub. L. 104–88, set out as a

§ 13902

note under section 1301 of this title. References to
Interstate Commerce Commission deemed to refer to
Surface Transportation Board, a member or employee
of the Board, or Secretary of Transportation, as appropriate, see section 205 of Pub. L. 104–88, set out as a
note under section 1301 of this title.]
EXTENSION OF MORATORIUM
Memorandum of President of the United States, Mar.
2, 1995, 60 F.R. 12393, provided:
Memorandum for the Secretary of Transportation
[and] the United States Trade Representative
Pursuant to section 6 of the Bus Regulatory Reform
Act of 1982, 49 U.S.C. 10922(l)(1) and (2) [Pub. L. 97–261,
see former 49 U.S.C. 10922(m)(1), (2)], I hereby extend for
an additional 2 years both the moratorium imposed by
that section and all actions taken by my predecessors
under that section on the issuance of certificates or
permits to motor carriers domiciled in, or owned or
controlled by persons of, a contiguous foreign country.
This action preserves the status quo and will maintain
the moratorium through September 19, 1996, unless earlier revoked or modified.
This memorandum shall be published in the Federal
Register.
WILLIAM J. CLINTON.
Memorandum of President of the United States, Sept.
25, 1992, 57 F.R. 44647, extended moratorium through
Sept. 19, 1994.
Memorandum of President of the United States, Sept.
17, 1990, 55 F.R. 38657, extended moratorium through
Sept. 19, 1992.
Memorandum of President of the United States, Sept.
15, 1988, 53 F.R. 36430, extended moratorium through
Sept. 19, 1990.
Memorandum of President of the United States, Sept.
23, 1986, 51 F.R. 34079, extended moratorium through
Sept. 19, 1988.
Memorandum of President of the United States, Aug.
30, 1984, 49 F.R. 35001, extended moratorium through
Sept. 19, 1986.
Memorandum of President of the United States, June
5, 2001, 66 F.R. 30799, provided:
Memorandum for the Secretary of Transportation
Section 6 of the Bus Regulatory Reform Act of 1982
[Pub. L. 97–261, see former 49 U.S.C. 10922(m)(1), (2)] imposed a moratorium on the issuance of certificates or
permits to motor carriers domiciled in, or owned or
controlled by, persons of a contiguous foreign country,
and authorized the President to modify the moratorium. The Interstate Commerce Commission Termination Act of 1995 (ICCTA) [ICC Termination Act of
1995, Pub. L. 104–88, see Tables for classification] maintained these restrictions, subject to modifications
made prior to the enactment of the ICCTA [Dec. 29,
1995], and authorized the President to make further
modifications to the moratorium. The relevant provisions of the ICCTA are codified at 49 U.S.C. 13902.
The North American Free Trade Agreement (NAFTA)
established a schedule for liberalizing certain restrictions on investment in truck and bus services. Pursuant to 49 U.S.C. 13902(c)(3), I have determined that the
following modifications to the moratorium are consistent with obligations of the United States under NAFTA
and with U.S. transportation policy, and that the moratorium shall be modified accordingly. First, enterprises
domiciled in the United States that are owned or controlled by persons of Mexico will be allowed to obtain
operating authority to provide truck services for the
transportation of international cargo between points in
the United States. Second, enterprises domiciled in the
United States that are owned or controlled by persons
of Mexico will be allowed to obtain operating authority
to provide bus services between points in the United
States. These modifications shall be effective today.
Pursuant to 49 U.S.C. 13902(c)(5), I have determined
that expeditious action is required to implement these
modifications to the moratorium. Effective today, the
Department of Transportation will accept and expedi-

§ 13903

TITLE 49—TRANSPORTATION

tiously process applications, submitted by enterprises
domiciled in the United States that are owned or controlled by persons of Mexico, to obtain operating authority to provide truck services for the transportation
of international cargo between points in the United
States or to provide bus services between points in the
United States.
Motor carriers domiciled in the United States that
are owned or controlled by persons of Mexico will be
subject to the same Federal and State regulations and
procedures that apply to all other U.S. carriers. These
include safety regulations, such as drug and alcohol
testing; insurance requirements; taxes and fees; and all
other applicable laws and regulations, including those
administered by the U.S. Customs Service, the Immigration and Naturalization Service, and the Department of Labor.
This memorandum shall be published in the Federal
Register.
GEORGE W. BUSH.
Memorandum of President of the United States, Nov.
27, 2002, 67 F.R. 71795, provided:
Memorandum for the Secretary of Transportation
Section 6 of the Bus Regulatory Reform Act of 1982,
Public Law 97–261, 96 Stat. 1103 [see former 49 U.S.C.
10922(m)(1), (2)], imposed a moratorium on the issuance
of certificates or permits to motor carriers domiciled
in, or owned or controlled by persons of, a contiguous
foreign country and authorized the President to modify
the moratorium. The Interstate Commerce Commission
Termination Act of 1995 (ICCTA), Public Law 104–88, 109
Stat. 803 [ICC Termination Act of 1995, see Tables for
classification], maintained these restrictions, subject
to modifications made prior to the enactment of the
ICCTA [Dec. 29, 1995], and empowered the President to
make further modifications to the moratorium.
Pursuant to 49 U.S.C. 13902(c)(3), I modified the moratorium on June 5, 2001, to allow motor carriers domiciled in the United States that are owned or controlled
by persons of Mexico to obtain operating authority to
transport international cargo by truck between points
in the United States and to provide bus services between points in the United States.
The North American Free Trade Agreement (NAFTA)
established a schedule for liberalizing certain restrictions on the provision of bus and truck services by
Mexican-domiciled motor carriers in the United States.
Pursuant to 49 U.S.C. 13902(c)(3), I hereby determine
that the following modifications to the moratorium are
consistent with obligations of the United States under
NAFTA and with our national transportation policy
and that the moratorium shall be modified accordingly.
First, qualified motor carriers domiciled in Mexico
will be allowed to obtain operating authority to transport passengers in cross-border scheduled bus services.
Second, qualified motor carriers domiciled in Mexico
will be allowed to obtain operating authority to provide cross-border truck services. The moratorium on
the issuance of certificates or permits to Mexican-domiciled motor carriers for the provision of truck or bus
services between points in the United States will remain in place. These modifications shall be effective on
the date of this memorandum.
Furthermore, pursuant to 49 U.S.C. 13902(c)(5), I hereby determine that expeditious action is required to implement this modification to the moratorium. Effective
on the date of this memorandum, the Department of
Transportation is authorized to act on applications,
submitted by motor carriers domiciled in Mexico, to
obtain operating authority to provide cross-border
scheduled bus services and cross-border truck services.
In reviewing such applications, the Department shall
continue to work closely with the Department of Justice, the Office of Homeland Security, and other relevant Federal departments, agencies, and offices in
order to help ensure the security of the border and to
prevent potential threats to national security.
Motor carriers domiciled in Mexico operating in the
United States will be subject to the same Federal and

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State laws, regulations, and procedures that apply to
carriers domiciled in the United States. These include
safety regulations, such as drug and alcohol testing requirements; insurance requirements; taxes and fees;
and other applicable laws and regulations, including
those administered by the United States Customs Service, the Immigration and Naturalization Service, the
Department of Labor, and Federal and State environmental agencies.
You are authorized and directed to publish this
memorandum in the Federal Register.
GEORGE W. BUSH.

§ 13903. Registration of freight forwarders
(a) IN GENERAL.—The Secretary shall register
a person to provide service subject to jurisdiction under subchapter III of chapter 135 as a
freight forwarder if the Secretary determines
that the person—
(1) has sufficient experience to qualify the
person to act as a freight forwarder; and
(2) is fit, willing, and able to provide the
service and to comply with this part and applicable regulations of the Secretary.
(b) DURATION.—A registration issued under
subsection (a) shall only remain in effect while
the freight forwarder is in compliance with section 13906(c).
(c) EXPERIENCE OR TRAINING REQUIREMENT.—
Each freight forwarder shall employ, as an officer, an individual who—
(1) has at least 3 years of relevant experience; or
(2) provides the Secretary with satisfactory
evidence of the individual’s knowledge of related rules, regulations, and industry practices.
(d) REGISTRATION AS MOTOR CARRIER REQUIRED.—A freight forwarder may not provide
transportation as a motor carrier unless the
freight forwarder has registered separately
under this chapter to provide transportation as
a motor carrier.
(e) UPDATE OF REGISTRATION.—The Secretary
shall require a freight forwarder to update its
registration under this section not later than 30
days after a change in the freight forwarder’s
address, other contact information, officers,
process agent, or other essential information, as
determined by the Secretary.
(Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995,
109 Stat. 884; amended Pub. L. 109–59, title IV,
§ 4142(b), Aug. 10, 2005, 119 Stat. 1747; Pub. L.
110–244, title III, § 305(d), June 6, 2008, 122 Stat.
1620; Pub. L. 112–141, div. C, title II, §§ 32107(b),
32916(a), July 6, 2012, 126 Stat. 782, 820; Pub. L.
114–94, div. A, title V, § 5508(a)(2), Dec. 4, 2015, 129
Stat. 1554.)
AMENDMENTS
2015—Subsec. (d). Pub. L. 114–94 struck out par. (1)
designation and heading before ‘‘A freight forwarder’’.
2012—Subsec. (a). Pub. L. 112–141, § 32916(a)(1), substituted ‘‘determines that the person—’’ for ‘‘finds that
the person is fit’’, added par. (1), inserted par. (2) designation and ‘‘is fit’’ before ‘‘, willing’’, and, in par. (2),
struck out ‘‘and the Board’’ after ‘‘Secretary’’.
Subsec. (b). Pub. L. 112–141, § 32916(a)(3), added subsec.
(b). Former subsec. (b) redesignated (d).
Subsec. (c). Pub. L. 112–141, § 32916(a)(3), added subsec.
(c). Former subsec. (c) redesignated (e).
Pub. L. 112–141, § 32107(b), added subsec. (c).