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49 U.S.C. § 13904 — Registration of brokers

Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 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

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Stable record: federal_law:legal_authorities:record_usc_54e5ade7d7d10083e5620856
Source file: Laws/federal/codes/united-states-code/title-49/section-13904-registration-of-brokers--9db327081b.md
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Source location: Title 49, Chapter 139, § 13904; chapter-139-registration.md

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**(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.

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 1301 — Establishment of Board

**(a) Establishment.—** The Surface Transportation Board is an independent establishment of the United States Government. **(b) Membership.—** (1) The Board shall consist of 5 members, to be appointed by the President, by and with the advice and consent of the Senate. Not more than 3 members may be appointed from the same political party. (2) At all times— (A) at least 3 members of the Board shall be individuals with professional standing and demonstrated knowledge in the fields of transportation, transportation regulation, or economic regulation; and (B) at least 2 members shall be individuals with professional or business experience (including agriculture) in the private sector. (3) The term of each member of the Board shall be 5 years and shall begin when the term of the predecessor of that member ends. An individual appointed to fill a vacancy occurring before the expiration of the term for which the predecessor of that individual was appointed, shall be appointed for the remainder of that term. When the term of office of a member ends, the member may continue to serve until a successor is appointed and qualified, but for a period not to exceed one year. The President may remove a member for inefficiency, neglect of duty, or malfeasance in office. (4) No individual may serve as a member of the Board for more than 2 terms. In the case of an individual appointed to fill a vacancy occurring before the expiration of the term for which the predecessor of that individual was appointed, such individual may not be appointed for more than one additional term. (5) A member of the Board may not have a pecuniary interest in, hold an official relation to, or own stock in or bonds of, a carrier providing transportation by any mode and may not engage in another busines

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Federal law — U.S. Code and appendices · legal_authorities

23 U.S.C. § 101 — Definitions and declaration of policy

**(a) Definitions.—** In this title, the following definitions apply: (1) **Apportionment.—** — The term “apportionment” includes unexpended apportionments made under prior authorization laws. (2) **Asset management.—** — The term “asset management” means a strategic and systematic process of operating, maintaining, and improving physical assets, with a focus on both engineering and economic analysis based upon quality information, to identify a structured sequence of maintenance, preservation, repair, rehabilitation, and replacement actions that will achieve and sustain a desired state of good repair over the lifecycle of the assets at minimum practicable cost. (3) **Carpool project.—** — The term “carpool project” means any project to encourage the use of carpools and vanpools, including provision of carpooling opportunities to the elderly and individuals with disabilities, systems for locating potential riders and informing them of carpool opportunities, acquiring vehicles for carpool use, designating existing highway lanes as preferential carpool highway lanes, providing related traffic control devices, designating existing facilities for use for preferential parking for carpools, and real-time ridesharing projects, such as projects where drivers, using an electronic transfer of funds, recover costs directly associated with the trip provided through the use of location technology to quantify those direct costs, subject to the condition that the cost recovered does not exceed the cost of the trip provided. (4) **Construction.—** — The term “construction” means the supervising, inspecting, actual building, and incurrence of all costs incidental to the construction or reconstruction of a highway or any project eligible for assistance under this title, including bon

Source: Supplied U.S. Code snapshot — release unconfirmed · 23 U.S.C. § 101

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 10907 — Railroad development

**(a)** In this section, the term “financially responsible person” means a person who— (1) is capable of paying the constitutional minimum value of the railroad line proposed to be acquired; and (2) is able to assure that adequate transportation will be provided over such line for a period of not less than 3 years. Such term includes a governmental authority but does not include a Class I or Class II rail carrier. **(b)** (1) When the Board finds that— (A) (i) the public convenience and necessity require or permit the sale of a particular railroad line under this section; or (ii) a railroad line is on a system diagram map as required under [section 10903 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section10903&num=0&edition=prelim), but the rail carrier owning such line has not filed an application to abandon such line under [section 10903 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section10903&num=0&edition=prelim) before an application to purchase such line, or any required preliminary filing with respect to such application, is filed under this section; and (B) an application to purchase such line has been filed by a financially responsible person, the Board shall require the rail carrier owning the railroad line to sell such line to such financially responsible person at a price not less than the constitutional minimum value. (2) For purposes of this subsection, the constitutional minimum value of a particular railroad line shall be presumed to be not less than the net liquidation value of such line or the going concern value of such line, whichever is greater. **(c)** (1) For purposes of this section, the Board may determine that the public convenience and nece

Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 10907

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 13904 — Registration of brokers

Page 497 TITLE 49—TRANSPORTATION § 13905 § 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 indi- vidual who— (1) has at least 3 years of relevant experi- ence; or (2) provides the Secretary with satisfactory evidence of the individual’s knowledge of re- lated rules, regulations, and industry prac- tices. (d) REGISTRATION AS MOTOR CARRIER RE- QUIRED.— (1) IN GENERAL.—A broker for transportation may not provide transportation as a motor carrier unless the broker has registered sepa- rately under this chapter to provide transpor- tation 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 ap- plicable to brokers registered under this section shall provide for the protection of motor car- riers and shippers by motor vehicle

Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 13904

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