49 U.S.C. § 13901 — Requirements for registration

Page 485 TITLE 49—TRANSPORTATION § 13901 1 So in original. Section catchline amended by Pub. L. 112–141 without corresponding amendment of chapter analysis. title by Pub. L. 104–88, title I, § 102(a), Dec. 29, 1995, 109 Stat. 804, effective Jan. 1, 1996. Chapter 107, as in effect on the date transportation was provided, referred to in subsec. (a), means chapter 107 of this title, as in effect on the date transportation was provided with respect to transportation provided before Jan. 1, 1996. Chapter 107 (§ 10701 et seq.) was omit- ted and a new chapter 107 enacted in the general amendment of this subtitle by Pub. L. 104–88, title I, § 102(a), Dec. 29, 1995, 109 Stat. 804, 809, effective Jan. 1, 1996. Sections 10761(a) and 10762, referred to in subsec. (d), were omitted in the general amendment of this subtitle by Pub. L. 104–88, title I, § 102(a), Dec. 29, 1995, 109 Stat. 804, effective Jan. 1, 1996. PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 2(e) of Pub. L. 103–180, set out as a note under former section 10701 of this title. AMENDMENTS 1996—Subsec. (a). Pub. L. 104–287, § 5(31)(A), sub- stituted ‘‘or, before January 1, 1996’’ for ‘‘or, before the effective date of this section’’, ‘‘December 31, 1995’’ for ‘‘the day before the effective date of this section’’, and ‘‘provided before January 1, 1996’’ for ‘‘provided before the effective date of this section’’. Subsec. (d). Pub. L. 104–287, § 5(31)(B), substituted ‘‘January 1, 1996’’ for ‘‘the effective date of this sec- tion’’ and ‘‘December 31, 1995’’ for ‘‘the day before such effective date’’. Subsec. (g). Pub. L. 104–287, § 5(31)(C), substituted ‘‘January 1, 1996’’ for ‘‘the effective date of this sec- tion’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Jan. 1, 1996, except as otherwise pro- vided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 1301 of this title. ABOLITION OF INTERSTATE COMMERCE COMMISSION Interstate Commerce Commission abolished by sec- tion 101 of Pub. L. 104–88, set out as a note under sec- tion 1301 of this title. § 13712. Government traffic A carrier providing transportation or service for the United States Government may trans- port property or individuals for the United States Government without charge or at a rate reduced from the applicable commercial rate. Section 6101(b) to (d) of title 41 does not apply when transportation for the United States Gov- ernment can be obtained from a carrier lawfully operating in the area where the transportation would be provided. (Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995, 109 Stat. 879; amended Pub. L. 111–350, § 5(o)(5), Jan. 4, 2011, 124 Stat. 3853.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 10721 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a). AMENDMENTS 2011—Pub. L. 111–350 substituted ‘‘Section 6101(b) to (d) of title 41’’ for ‘‘Section 3709 of the Revised Statutes (41 U.S.C. 5)’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Jan. 1, 1996, except as otherwise pro- vided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 1301 of this title. § 13713. Food and grocery transportation (a) CERTAIN COMPENSATION PROHIBITED.—Not- withstanding any other provision of law, it shall not be unlawful for a seller of food and grocery products using a uniform zone delivered pricing system to compensate a customer who picks up purchased food and grocery products at the ship- ping point of the seller if such compensation is available to all customers of the seller on a non- discriminatory basis and does not exceed the ac- tual cost to the seller of delivery to such cus- tomer. (b) SENSE OF CONGRESS.—It is the sense of the Congress that any savings accruing to a cus- tomer by reason of compensation permitted by subsection (a) of this section should be passed on to the ultimate consumer. (Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995, 109 Stat. 879.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 10732 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Jan. 1, 1996, except as otherwise pro- vided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 1301 of this title. CHAPTER 139—REGISTRATION Sec. 13901. Requirement for registration.1 13902. Registration of motor carriers. 13903. Registration of freight forwarders. 13904. Registration of brokers. 13905. Effective periods of registration. 13906. Security of motor carriers, motor private car- riers, brokers, and freight forwarders. 13907. Household goods agents. 13908. Registration and other reforms. 13909. Availability of information. Editorial Notes AMENDMENTS 2012—Pub. L. 112–141, div. C, title II, § 32914(b)(2), July 6, 2012, 126 Stat. 820, added item 13909. 2005—Pub. L. 109–59, title IV, § 4303(d)(2), Aug. 10, 2005, 119 Stat. 1763, inserted ‘‘motor private carriers,’’ after ‘‘motor carriers,’’ in item 13906. § 13901. Requirements for registration (a) IN GENERAL.—A person may provide trans- portation as a motor carrier subject to jurisdic- tion under subchapter I of chapter 135 or service as a freight forwarder subject to jurisdiction under subchapter III of such chapter, or service Page 486 TITLE 49—TRANSPORTATION § 13902 as a broker for transportation subject to juris- diction under subchapter I of such chapter only if the person is registered under this chapter to provide such transportation or service. (b) REGISTRATION NUMBERS.— (1) IN GENERAL.—If the Secretary registers a person under this chapter to provide transpor- tation or service, including as a motor carrier, freight forwarder, or broker, the Secretary shall issue a distinctive registration number to the person for each such authority to pro- vide transportation or service for which the person is registered. (2) TRANSPORTATION OR SERVICE TYPE INDI- CATOR.—A number issued under paragraph (1) shall include an indicator of the type of trans- portation or service for which the registration number is issued, including whether the reg- istration number is issued for registration of a motor carrier, freight forwarder, or broker. (c) SPECIFICATION OF AUTHORITY.—For each agreement to provide transportation or service for which registration is required under this chapter, the registrant shall specify, in writing, the authority under which the person is pro- viding such transportation or service. (Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995, 109 Stat. 879; amended Pub. L. 112–141, div. C, title II, § 32914(a), July 6, 2012, 126 Stat. 819.) Editorial Notes AMENDMENTS 2012—Pub. L. 112–141 amended section generally. Prior to amendment, section read as follows: ‘‘A person may provide transportation or service subject to jurisdic- tion under subchapter I or III of chapter 135 or be a broker for transportation subject to jurisdiction under subchapter I of that chapter, only if the person is reg- istered under this chapter to provide the transpor- tation or service.’’ Statutory Notes and Related Subsidiaries 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 Effec- tive and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways. EFFECTIVE DATE Section effective Jan. 1, 1996, except as otherwise pro- vided 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 pro- vided in this section, the Secretary of Trans- portation 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 de- termines that the person— (A) is willing and able to comply with— (i) this part and the applicable regula- tions of the Secretary and the Board; (ii) any safety regulations imposed by the Secretary; (iii) the duties of employers and employ- ees established by the Secretary under sec- tion 31135; (iv) the safety fitness requirements es- tablished by the Secretary under section 31144; (v) the accessibility requirements estab- lished by the Secretary under subpart H of part 37 of title 49, Code of Federal Regula- tions (or successor regulations), for trans- portation provided by an over-the-road bus; and (vi) the minimum financial responsi- bility requirements established by the Sec- retary under sections 13906, 31138, and 31139; (B) has been issued a USDOT number under section 31134; (C) has disclosed any relationship involv- ing common ownership, common manage- ment, 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 reg- istration, 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 writ- ten proficiency examination pursuant to sec- tion 32101(b) of the Commercial Motor Vehi- cle Safety Enhancement Act of 2012, has passed the written proficiency examination. (2) ADDITIONAL REGISTRATION REQUIREMENTS FOR HOUSEHOLD GOODS MOTOR CARRIERS.—In ad- dition to meeting the requirements of para- graph (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 (C) demonstrates, before being registered, through successful completion of a pro- ficiency examination established by the Sec- retary, knowledge and intent to comply with applicable Federal laws relating to consumer protection, estimating, consumers’ rights and responsibilities, and options for limita- tions of liability for loss and damage. (3) CONSIDERATION OF EVIDENCE; FINDINGS.— The Secretary shall consider, and to the ex- tent 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 deter- mines that a registrant under this section does not meet, or is not able to meet, any require- ment of paragraph (1) or, in the case of a reg- istrant to which paragraph (2) applies, para- graph (1) or (2), the Secretary shall withhold registration. (5) LIMITATION ON COMPLAINTS.—The Sec- retary may hear a complaint from any person