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49 U.S.C. § 13905 — Effective periods of registration
Federal law — U.S. Code and appendices · legal_authorities
**(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
(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 13905
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Stable record: federal_law:legal_authorities:record_usc_f12695c9d2ddc4ec30ed1010
Source file: Laws/federal/codes/united-states-code/title-49/section-13905-effective-periods-of-registration--1c1bf61e77.md
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Source location: Title 49, Chapter 139, § 13905; chapter-139-registration.md
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**(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
(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 11 So in original. The words “for failure” probably should not appear. 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
(iii) a condition of its registration; or
(D) 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 if the Secretary finds that the motor carrier, broker, or freight forwarder does not disclose any relationship through common ownership, common management, common control, or common familial relationship to any other motor carrier, broker, or freight forwarder, or any other applicant for motor carrier, broker, or freight forwarder registration that the Secretary determines is or was unwilling or unable to comply with the relevant requirements listed in section 13902, 13903, or 13904.
(3) **Limitation.—** — Paragraph (2)(B) shall not apply to a person who is unable to pay a civil penalty because the person is a debtor in a case under chapter 11 of title 11.
(4) **Regulations.—** — Not later than 12 months after the date of the enactment of this paragraph, the Secretary, after notice and opportunity for public comment, shall issue regulations to provide for the suspension, amendment, or revocation of a registration under this part for failure to pay a civil penalty as provided in paragraph (2)(B).
**(e) Procedure.—** Except on application of the registrant, or if the Secretary determines that the registrant failed to disclose a material fact in an application for registration in accordance with subsection (d)(2)(C), the Secretary may revoke a registration of a motor carrier, freight forwarder, or broker, only after—
(1) the Secretary has issued an order to the registrant under section 14701 requiring compliance with this part, a regulation of the Secretary, or a condition of the registration; and
(2) the registrant willfully does not comply with the order for a period of 30 days.
**(f) Expedited Procedure.—**
(1) **Protection of safety.—** — Notwithstanding subchapter II of chapter 5 of title 5, the Secretary—
(A) may suspend the registration of a motor carrier, a freight forwarder, or a broker for failure to comply with requirements of the Secretary pursuant to section 13904(e) or 13906 or an order or regulation of the Secretary prescribed under those sections; and
(B) shall revoke the registration of a motor carrier that has been prohibited from operating in interstate commerce for failure to comply with the safety fitness requirements of section 31144.
(2) **Imminent hazard to public health.—** — Notwithstanding subchapter II of chapter 5 of title 5, the Secretary shall revoke the registration of a motor carrier if the Secretary finds that the carrier is or was conducting unsafe operations that are or were an imminent hazard to public health or property.
(3) **Notice; period of suspension.—** — The Secretary may suspend or revoke under this subsection the registration only after giving notice of the suspension or revocation to the registrant. A suspension remains in effect until the registrant complies with the applicable sections or, in the case of a suspension under paragraph (2), until the Secretary revokes the suspension.
**(g) Mexico-Domiciled Motor Carriers.—** Notwithstanding any other provision of this section, upon an order in accordance with section 324(a) of the United States-Mexico-Canada Agreement Implementation Act, the Secretary shall carry out the relief specified by revoking or imposing limitations on existing registrations of Mexico-domiciled motor carriers of cargo to operate beyond the municipalities along the United States-Mexico international border and the commercial zones of those municipalities as directed.
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 1301
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
Level II of the Executive Schedule applies to the following positions, for which the annual rate of basic pay shall be the rate determined with respect to such level under chapter 11 of title 2, as adjusted by [section 5318 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5318&num=0&edition=prelim):
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5313
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Federal law — U.S. Code and appendices · legal_authorities
**(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
**(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 examinati
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 13902
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Federal law — U.S. Code and appendices · legal_authorities
**(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
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. § 13905
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.