Attachment C - 49 U.S.C. 13904

Status: Original and derived artifacts are available for this document.

Download: pdf

Page 415

§ 13904

TITLE 49—TRANSPORTATION

Subsec. (d). Pub. L. 112–141, § 32916(a)(4), amended subsec. (d) generally. Prior to amendment, text read as follows: ‘‘The freight forwarder may provide transportation as the carrier itself only if the freight forwarder
also has registered to provide transportation as a carrier under this chapter.’’
Pub. L. 112–141, § 32916(a)(2), redesignated subsec. (b)
as (d).
Subsec. (e). Pub. L. 112–141, § 32916(a)(2), redesignated
subsec. (c) as (e).
2008—Subsec. (a). Pub. L. 110–244 amended subsec. (a)
generally. Prior to amendment, text read as follows:
‘‘(1) HOUSEHOLD GOODS.—The Secretary shall register
a person to provide service subject to jurisdiction under
subchapter III of chapter 135 as a freight forwarder of
household goods if the Secretary finds that the person
is fit, willing, and able to provide the service and to
comply with this part and applicable regulations of the
Secretary and the Board.
‘‘(2) OTHERS.—The Secretary may register a person to
provide service subject to jurisdiction under subchapter
III of chapter 135 as a freight forwarder (other than a
freight forwarder of household goods) if the Secretary
finds that such registration is needed for the protection
of shippers and that the person is fit, willing, and able
to provide the service and to comply with this part and
applicable regulations of the Secretary and Board.’’
2005—Subsec. (a). Pub. L. 109–59 designated existing
provisions as par. (1) and inserted heading, inserted ‘‘of
household goods’’ after ‘‘freight forwarder’’, and added
par. (2).
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 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.
FINANCIAL RESPONSIBILITY REQUIREMENTS
Pub. L. 112–141, div. C, title II, § 32104, July 6, 2012, 126
Stat. 780, provided that: ‘‘Not later than 6 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], and every 4 years thereafter, the
Secretary shall—
‘‘(1) issue a report on the appropriateness of—
‘‘(A) the current minimum financial responsibility requirements under sections 31138 and 31139 of
title 49, United States Code; and
‘‘(B) the current bond and insurance requirements
under sections 13904(f), 13903, and 13906 of title 49,
United States Code; and
‘‘(2) submit the report issued under paragraph (1) to
the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.’’

§ 13904. Registration of brokers
(a) IN GENERAL.—The Secretary shall register,
subject to section 13906(b), a person to be a
broker for transportation of property subject to
jurisdiction under subchapter I of chapter 135, if
the Secretary determines that the person—
(1) has sufficient experience to qualify the
person to act as a broker for transportation;
and
(2) is fit, willing, and able to be a broker for
transportation 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 broker for transportation is in compliance
with section 13906(b).
(c) EXPERIENCE OR TRAINING REQUIREMENTS.—
Each broker 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.—
(1) IN GENERAL.—A broker for transportation
may not provide transportation as a motor
carrier unless the broker has registered separately under this chapter to provide transportation as a motor carrier.
(2) LIMITATION.—This subsection does not
apply to a motor carrier registered under this
chapter or to an employee or agent of the
motor carrier to the extent the transportation
is to be provided entirely by the motor carrier,
with other registered motor carriers, or with
rail or water carriers.
(e) REGULATION TO PROTECT MOTOR CARRIERS
AND SHIPPERS.—Regulations of the Secretary applicable to brokers registered under this section
shall provide for the protection of motor carriers and shippers by motor vehicle.
(f) BOND AND INSURANCE.—The Secretary may
impose on brokers for motor carriers of passengers such requirements for bonds or insurance or both as the Secretary determines are
needed to protect passengers and carriers dealing with such brokers.
(g) UPDATE OF REGISTRATION.—The Secretary
shall require a broker to update its registration
under this section not later than 30 days after a
change in the broker’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(c), Aug. 10, 2005, 119 Stat. 1747; Pub. L.
110–244, title III, § 305(e), June 6, 2008, 122 Stat.
1620; Pub. L. 112–141, div. C, title II, §§ 32107(c),
32916(b), July 6, 2012, 126 Stat. 782, 821.)
AMENDMENTS
2012—Subsec. (a). Pub. L. 112–141, § 32916(b)(1), substituted ‘‘determines that the person—’’ for ‘‘finds that
the person is fit’’, added par. (1), and inserted par. (2)
designation and ‘‘is fit’’ before ‘‘, willing’’.
Subsecs. (b), (c). Pub. L. 112–141, § 32916(b)(3), added
subsecs. (b) and (c). Former subsecs. (b) and (c) redesignated (d) and (e), respectively.
Subsec. (d). Pub. L. 112–141, § 32916(b)(4), amended subsec. (d) generally. Prior to amendment, text read as follows:
‘‘(1) IN GENERAL.—The broker may provide the transportation itself only if the broker also has been registered to provide the transportation as a motor carrier
under this chapter.
‘‘(2) LIMITATION.—This subsection does not apply to a
motor carrier registered under this chapter or to an
employee or agent of the motor carrier to the extent
the transportation is to be provided entirely by the
motor carrier, with other registered motor carriers, or
with rail or water carriers.’’

§ 13905

TITLE 49—TRANSPORTATION

Pub. L. 112–141, § 32916(b)(2), redesignated subsec. (b)
as (d). Former subsec. (d) redesignated (f).
Subsec. (e). Pub. L. 112–141, § 32916(b)(5), amended subsec. (e) generally. Prior to amendment, text read as follows: ‘‘Regulations of the Secretary applicable to brokers registered under this section shall provide for the
protection of shippers by motor vehicle.’’
Pub. L. 112–141, § 32916(b)(2), redesignated subsec. (c)
as (e). Former subsec. (e) redesignated (g).
Pub. L. 112–141, § 32107(c), added subsec. (e).
Subsecs. (f), (g). Pub. L. 112–141, § 32916(b)(2), redesignated subsecs. (d) and (e) as (f) and (g), respectively.
2008—Subsec. (a). Pub. L. 110–244 amended subsec. (a)
generally. Prior to amendment, text read as follows:
‘‘(1) HOUSEHOLD GOODS.—The Secretary shall register,
subject to section 13906(b), a person to be a broker of
household goods for transportation of property subject
to jurisdiction under subchapter I of chapter 135, if the
Secretary finds that the person is fit, willing, and able
to be a broker of household goods for transportation
and to comply with this part and applicable regulations
of the Secretary.
‘‘(2) OTHERS.—The Secretary may register a person to
provide service subject to jurisdiction under subchapter
III of chapter 135 as a broker (other than a broker of
household goods) if the Secretary finds that such registration is needed for the protection of shippers and
that the person is fit, willing, and able to provide the
service and to comply with this part and applicable regulations of the Secretary and Board.’’
2005—Subsec. (a). Pub. L. 109–59, § 4142(c)(1), (3), designated existing provisions as par. (1), inserted heading,
and added par. (2).
Subsec. (a)(1). Pub. L. 109–59, § 4142(c)(2), which directed amendment of par. (1) by inserting ‘‘of household
goods’’ after ‘‘broker’’, was executed by making the insertion in two places to reflect the probable intent of
Congress.
EFFECTIVE DATE OF 2012 AMENDMENT
Amendment by 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.

§ 13905. Effective periods of registration
(a) PERSON HOLDING ICC AUTHORITY.—Any person having authority to provide transportation
or service as a motor carrier, freight forwarder,
or broker under this title, as in effect on December 31, 1995, shall be deemed, for purposes of this
part, to be registered to provide such transportation or service under this part.
(b) PERSON REGISTERED WITH SECRETARY.—
(1) IN GENERAL.—Except as provided in paragraph (2), any person having registered with
the Secretary to provide 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.
(c) EFFECTIVE PERIOD.—
(1) IN GENERAL.—Except as otherwise provided in this part, each registration issued
under section 13902, 13903, or 13904—
(A) shall be effective beginning on the date
specified by the Secretary; and

Page 416

(B) shall remain in effect for such period
as the Secretary determines appropriate by
regulation.
(2) REISSUANCE OF REGISTRATION.—
(A) REQUIREMENT.—Not later than 4 years
after the date of enactment of the Commercial Motor Vehicle Safety Enhancement Act
of 2012, the Secretary shall require a freight
forwarder or broker to renew its registration
issued under this chapter.
(B) EFFECTIVE PERIOD.—Each registration
renewal under subparagraph (A)—
(i) shall expire not later than 5 years
after the date of such renewal; and
(ii) may be further renewed as provided
under this chapter.
(d) SUSPENSION, AMENDMENTS, AND REVOCATIONS.—
(1) APPLICATIONS.—On application of the registrant, the Secretary may amend or revoke a
registration.
(2) COMPLAINTS AND ACTIONS ON SECRETARY’S
OWN INITIATIVE.—On complaint or on the Secretary’s own initiative and after notice and an
opportunity for a proceeding, the Secretary
may—
(A) suspend, amend, or revoke any part of
the registration of a motor carrier, foreign
motor carrier, foreign motor private carrier,
broker, or freight forwarder for willful failure to comply with—
(i) this part;
(ii) an applicable regulation or order of
the Secretary or the Board, including 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; or
(iii) a condition of its registration;
(B) withhold, suspend, amend, or revoke
any part of the registration of a motor carrier, foreign motor carrier, foreign motor
private carrier, broker, or freight forwarder
for failure—
(i) to pay a civil penalty imposed under
chapter 5, 51, 149, or 311;
(ii) to arrange and abide by an acceptable payment plan for such civil penalty,
not later than 90 days after the date specified by order of the Secretary for the payment of such penalty; or
(iii) for failure 1 to obey a subpoena issued by the Secretary;
(C) withhold, suspend, amend, or revoke
any part of a registration of a motor carrier,
foreign motor carrier, foreign motor private
carrier, broker, or freight forwarder following a determination by the Secretary that
the motor carrier, broker, or freight forwarder failed to disclose, in its application
for registration, a material fact relevant to
its willingness and ability to comply with—
(i) this part;
(ii) an applicable regulation or order of
the Secretary or the Board; or
1 So in original. The words ‘‘for failure’’ probably should not
appear.