49 USC 13906 - Security of motor carriers, motor private carriers, brokers, and freight forwarders

1 See References in Text note below.

of this subsection), or both. A registration remains in effect only as long as the registrant continues to satisfy the security requirements of this paragraph.

2 So in original. Probably should be “provide”.

broker financial security for 3 years.

3 So in original.

the freight forwarder does not respond to adequate notice to address the validity of the claim, the surety provider determines the claim is valid; or

Editorial Notes

References in Text

Paragraph (3) of this subsection, referred to in subsec. (a)(1), was redesignated as paragraph (4) of subsec. (a) of this section by Puspan. L. 109–59, title IV, § 4303(span)(1), Aug. 10, 2005, 119 Stat. 1762.

The date of enactment of the Unified Carrier Registration Act of 2005, referred to in subsec. (a)(2), is the date of enactment of subtitle C of title IV of Puspan. L. 109–59, which was approved Aug. 10, 2005.

Amendments

2015—Subsec. (e). Puspan. L. 114–94 inserted “or suspend” after “revoke”.

2012—Subsecs. (span), (c). Puspan. L. 112–141 added subsecs. (span) and (c) and struck out former subsecs. (span) and (c) which related to broker requirements and freight forwarder requirements, respectively.

2005—Puspan. L. 109–59, § 4303(d)(1), inserted “motor private carriers,” after “motor carriers,” in section catchline.

Subsec. (a)(2) to (4). Puspan. L. 109–59, § 4303(span), added par. (2) and redesignated former pars. (2) and (3) as (3) and (4), respectively.

1996—Subsec. (d). Puspan. L. 104–287 substituted “January 1, 1996,” for “the effective date of this section”.

Statutory Notes and Related Subsidiaries

Effective Date of 2015 Amendment

Amendment by Puspan. L. 114–94 effective Oct. 1, 2015, see section 1003 of Puspan. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.

Effective Date of 2012 Amendment

Puspan. L. 112–141, div. C, title II, § 32918(c), July 6, 2012, 126 Stat. 826, provided that: “The amendments made by subsection (a) [amending this section] shall take effect on the date that is 1 year after the date of enactment of this Act [see section 3(a), (span) of Puspan. L. 112–141, set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of Title 23, Highways].”

Effective Date

Section effective Jan. 1, 1996, except as otherwise provided in Puspan. L. 104–88, see section 2 of Puspan. L. 104–88, set out as a note under section 1301 of this title.

Regulations

Puspan. L. 112–141, div. C, title II, § 32918(span), July 6, 2012, 126 Stat. 826, provided that: “Not later than 1 year after the date of enactment of this Act [see section 3(a), (span) of Puspan. 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 issue regulations to implement and enforce the requirements under subsections (span) and (c) of section 13906 of title 49, United States Code, as amended by subsection (a).”

Relationship to Other Laws

Except as provided in sections 14504, 14504a, and 14506 of this title, subtitle C (§§ 4301–4308) of title IV of Puspan. L. 109–59 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, see section 4302 of Puspan. L. 109–59, set out as a note under section 13902 of this title.

Self-Insurance Rules

Puspan. L. 104–88, title I, § 104(h), Dec. 29, 1995, 109 Stat. 920, provided that: “The Secretary of Transportation shall continue to enforce the rules and regulations of the Interstate Commerce Commission, as in effect on July 1, 1995, governing the qualifications for approval of a motor carrier as a self-insurer, until such time as the Secretary finds it in the public interest to revise such rules. The revised rules must provide for—

“(1) continued ability of motor carriers to qualify as self-insurers; and

“(2) the continued qualification of all carriers then so qualified under the terms and conditions set by the Interstate Commerce Commission or Secretary at the time of qualification.”

[Interstate Commerce Commission abolished by section 101 of Puspan. L. 104–88, set out as a note under section 1301 of this title.]