
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document affected by Public Law 107-87 Section 350]
[CITE: 49USC13902]

 
                        TITLE 49--TRANSPORTATION
 
                 SUBTITLE IV--INTERSTATE TRANSPORTATION
 
 PART B--MOTOR CARRIERS, WATER CARRIERS, BROKERS, AND FREIGHT FORWARDERS
 
                        CHAPTER 139--REGISTRATION
 
Sec. 13902. Registration of motor carriers

    (a) Motor Carrier Generally.--
        (1) In general.--Except as provided in this section, the 
    Secretary shall register a person to provide transportation subject 
    to jurisdiction under subchapter I of chapter 135 of this title as a 
    motor carrier if the Secretary finds that the person is willing and 
    able to comply with--
            (A) this part and the applicable regulations of the 
        Secretary and the Board;
            (B) any safety regulations imposed by the Secretary and the 
        safety fitness requirements established by the Secretary under 
        section 31144; and
            (C) the minimum financial responsibility requirements 
        established by the Secretary pursuant to sections 13906 and 
        31138.

        (2) Consideration of evidence; findings.--The Secretary shall 
    consider and, to the extent applicable, make findings on, any 
    evidence demonstrating that the registrant is unable to comply with 
    the requirements of subparagraph (A), (B), or (C) of paragraph (1).
        (3) Withholding.--If the Secretary determines that any 
    registrant under this section does not meet the requirements of 
    paragraph (1), the Secretary shall withhold registration.
        (4) Limitation on complaints.--The Secretary may hear a 
    complaint from any person concerning a registration under this 
    subsection only on the ground that the registrant fails or will fail 
    to comply with this part, the applicable regulations of the 
    Secretary and the Board, the safety regulations of the Secretary, or 
    the safety fitness or minimum financial responsibility requirements 
    of paragraph (1) of this subsection.

    (b) Motor Carriers of Passengers.--
        (1) Registration of private recipients of governmental 
    assistance.--The Secretary shall register under subsection (a)(1) a 
    private recipient of governmental assistance to provide special or 
    charter transportation subject to jurisdiction under subchapter I of 
    chapter 135 as a motor carrier of passengers if the Secretary finds 
    that the recipient meets the requirements of subsection (a)(1), 
    unless the Secretary finds, on the basis of evidence presented by 
    any person objecting to the registration, that the transportation to 
    be provided pursuant to the registration is not in the public 
    interest.
        (2) Registration of public recipients of governmental 
    assistance.--
            (A) Charter transportation.--The Secretary shall register 
        under subsection (a)(1) a public recipient of governmental 
        assistance to provide special or charter transportation subject 
        to jurisdiction under subchapter I of chapter 135 as a motor 
        carrier of passengers if the Secretary finds that--
                (i) the recipient meets the requirements of subsection 
            (a)(1); and
                (ii)(I) no motor carrier of passengers (other than a 
            motor carrier of passengers which is a public recipient of 
            governmental assistance) is providing, or is willing to 
            provide, the transportation; or
                (II) the transportation is to be provided entirely in 
            the area in which the public recipient provides regularly 
            scheduled mass transportation services.

            (B) Regular-route transportation.--The Secretary shall 
        register under subsection (a)(1) a public recipient of 
        governmental assistance to provide regular-route transportation 
        subject to jurisdiction under subchapter I of chapter 135 as a 
        motor carrier of passengers if the Secretary finds that the 
        recipient meets the requirements of subsection (a)(1), unless 
        the Secretary finds, on the basis of evidence presented by any 
        person objecting to the registration, that the transportation to 
        be provided pursuant to the registration is not in the public 
        interest.
            (C) Treatment of certain public recipients.--Any public 
        recipient of governmental assistance which is providing or 
        seeking to provide transportation of passengers subject to 
        jurisdiction under subchapter I of chapter 135 shall, for 
        purposes of this part, be treated as a person which is providing 
        or seeking to provide transportation of passengers subject to 
        such jurisdiction.

        (3) Intrastate transportation by interstate carriers.--A motor 
    carrier of passengers that is registered by the Secretary under 
    subsection (a) is authorized to provide regular-route transportation 
    entirely in one State as a motor carrier of passengers if such 
    intrastate transportation is to be provided on a route over which 
    the carrier provides interstate transportation of passengers.
        (4) Preemption of state regulation regarding certain service.--
    No State or political subdivision thereof and no interstate agency 
    or other political agency of 2 or more States shall enact or enforce 
    any law, rule, regulation, standard or other provision having the 
    force and effect of law relating to the provision of pickup and 
    delivery of express packages, newspapers, or mail in a commercial 
    zone if the shipment has had or will have a prior or subsequent 
    movement by bus in intrastate commerce and, if a city within the 
    commercial zone, is served by a motor carrier of passengers 
    providing regular-route transportation of passengers subject to 
    jurisdiction under subchapter I of chapter 135.
        (5) Jurisdiction over certain intrastate transportation.--
    Subject to section 14501(a), any intrastate transportation 
    authorized by this subsection shall be treated as transportation 
    subject to jurisdiction under subchapter I of chapter 135 until such 
    time as the carrier takes such action as is necessary to establish 
    under the laws of such State rates, rules, and practices applicable 
    to such transportation, but in no case later than the 30th day 
    following the date on which the motor carrier of passengers first 
    begins providing transportation entirely in one State under this 
    paragraph.
        (6) Special operations.--This subsection shall not apply to any 
    regular-route transportation of passengers provided entirely in one 
    State which is in the nature of a special operation.
        (7) Suspension or revocation.--Intrastate transportation 
    authorized under this subsection may be suspended or revoked by the 
    Secretary under section 13905 of this title at any time.
        (8) Definitions.--In this subsection, the following definitions 
    apply:
            (A) Public recipient of governmental assistance.--The term 
        ``public recipient of governmental assistance'' means--
                (i) any State,
                (ii) any municipality or other political subdivision of 
            a State,
                (iii) any public agency or instrumentality of one or 
            more States and municipalities and political subdivisions of 
            a State,
                (iv) any Indian tribe, and
                (v) any corporation, board, or other person owned or 
            controlled by any entity described in clause (i), (ii), 
            (iii), or (iv),

        which before, on, or after January 1, 1996, received 
        governmental assistance for the purchase or operation of any 
        bus.
            (B) Private recipient of government assistance.--The term 
        ``private recipient of government assistance'' means any person 
        (other than a person described in subparagraph (A)) who before, 
        on, or after January 1, 1996, received governmental financial 
        assistance in the form of a subsidy for the purchase, lease, or 
        operation of any bus.

    (c) Restrictions on Motor Carriers Domiciled in or Owned or 
Controlled by Nationals of a Contiguous Foreign Country.--
        (1) Prevention of discriminatory practices.--If the President, 
    or the delegate thereof, determines that an act, policy, or practice 
    of a foreign country contiguous to the United States, or any 
    political subdivision or any instrumentality of any such country is 
    unreasonable or discriminatory and burdens or restricts United 
    States transportation companies providing, or seeking to provide, 
    motor carrier transportation to, from, or within such foreign 
    country, the President or such delegate may--
            (A) seek elimination of such practices through 
        consultations; or
            (B) notwithstanding any other provision of law, suspend, 
        modify, amend, condition, or restrict operations, including 
        geographical restriction of operations, in the United States by 
        motor carriers of property or passengers domiciled in such 
        foreign country or owned or controlled by persons of such 
        foreign country.

        (2) Equalization of treatment.--Any action taken under paragraph 
    (1)(A) to eliminate an act, policy, or practice shall be so devised 
    so as to equal to the extent possible the burdens or restrictions 
    imposed by such foreign country on United States transportation 
    companies.
        (3) Removal or modification.--The President, or the delegate 
    thereof, may remove or modify in whole or in part any action taken 
    under paragraph (1)(A) if the President or such delegate determines 
    that such removal or modification is consistent with the obligations 
    of the United States under a trade agreement or with United States 
    transportation policy.
        (4) Protection of existing operations.--Unless and until the 
    President, or the delegate thereof, makes a determination under 
    paragraph (1) or (3), nothing in this subsection shall affect--
            (A) operations of motor carriers of property or passengers 
        domiciled in any contiguous foreign country or owned or 
        controlled by persons of any contiguous foreign country 
        permitted in the commercial zones along the United States-Mexico 
        border as such zones were defined on December 31, 1995; or
            (B) any existing restrictions on operations of motor 
        carriers of property or passengers domiciled in any contiguous 
        foreign country or owned or controlled by persons of any 
        contiguous foreign country or any modifications thereof pursuant 
        to section 6 of the Bus Regulatory Reform Act of 1982.

        (5) Publication; comment.--Unless the President, or the delegate 
    thereof, determines that expeditious action is required, the 
    President shall publish in the Federal Register any determination 
    under paragraph (1) or (3), together with a description of the facts 
    on which such a determination is based and any proposed action to be 
    taken pursuant to paragraph (1)(B) or (3), and provide an 
    opportunity for public comment.
        (6) Delegation to secretary.--The President may delegate any or 
    all authority under this subsection to the Secretary, who shall 
    consult with other agencies as appropriate. In accordance with the 
    directions of the President, the Secretary may issue regulations to 
    enforce this subsection.
        (7) Civil actions.--Either the Secretary or the Attorney General 
    may bring a civil action in an appropriate district court of the 
    United States to enforce this subsection or a regulation prescribed 
    or order issued under this subsection. The court may award 
    appropriate relief, including injunctive relief.
        (8) Limitation on statutory construction.--This subsection shall 
    not be construed as affecting the requirement for all foreign motor 
    carriers and foreign motor private carriers operating in the United 
    States to comply with all applicable laws and regulations pertaining 
    to fitness, safety of operations, financial responsibility, and 
    taxes imposed by section 4481 of the Internal Revenue Code of 1986.

    (d) Transition Rule.--
        (1) In general.--Pending the implementation of the rulemaking 
    required by section 13908, the Secretary may register a person under 
    this section--
            (A) as a motor common carrier if such person would have been 
        issued a certificate to provide transportation as a motor common 
        carrier under this subtitle on December 31, 1995; and
            (B) as a motor contract carrier if such person would have 
        been issued a permit to provide transportation as a motor 
        contract carrier under this subtitle on such day.

        (2) Definitions.--In this subsection, the terms ``motor common 
    carrier'' and ``motor contract carrier'' have the meaning such terms 
    had under section 10102 as such section was in effect on December 
    31, 1995.

    (e) Penalties for Failure To Comply With Registration 
Requirements.--In addition to other penalties available under law, motor 
carriers that fail to register their operations as required by this 
section or that operate beyond the scope of their registrations may be 
subject to the following penalties:
        (1) Out-of-service orders.--If, upon inspection or 
    investigation, the Secretary determines that a motor vehicle 
    providing transportation requiring registration under this section 
    is operating without a registration or beyond the scope of its 
    registration, the Secretary may order the vehicle out-of-service. 
    Subsequent to the issuance of the out-of-service order, the 
    Secretary shall provide an opportunity for review in accordance with 
    section 554 of title 5, United States Code; except that such review 
    shall occur not later than 10 days after issuance of such order.
        (2) Permission for operations.--A person domiciled in a country 
    contiguous to the United States with respect to which an action 
    under subsection (c)(1)(A) or (c)(1)(B) is in effect and providing 
    transportation for which registration is required under this section 
    shall maintain evidence of such registration in the motor vehicle 
    when the person is providing the transportation. The Secretary shall 
    not permit the operation in interstate commerce in the United States 
    of any motor vehicle in which there is not a copy of the 
    registration issued pursuant to this section.

    (f) Motor Carrier Defined.--In this section and sections 13905 and 
13906, the term ``motor carrier'' includes foreign motor private 
carriers.

(Added Pub. L. 104-88, title I, Sec. 103, Dec. 29, 1995, 109 Stat. 880; 
amended Pub. L. 104-287, Sec. 5(32), Oct. 11, 1996, 110 Stat. 3391; Pub. 
L. 106-159, title II, Sec. 205, Dec. 9, 1999, 113 Stat. 1762.)


                      Historical and Revision Notes

                     Pub. L. 104-287, Sec. 5(32)(A)

    This amends 49:13902(b)(8)(A) to correct a grammatical error and to 
set out the effective date of 49:13902(b).


                     Pub. L. 104-287, Sec. 5(32)(B)

    This sets out the effective date of 49:13902(b)(8).


                     Pub. L. 104-287, Sec. 5(32)(C)

    This amends 49:13902(c)(4)(A) and (d)(1) and (2) for clarity and 
consistency.

                       References in Text

    Section 6 of the Bus Regulatory Reform Act of 1982, referred to in 
subsec. (c)(4)(B), is section 6 of Pub. L. 97-261, Sept. 20, 1982, 96 
Stat. 1103, which amended former sections 10102, 10322, 10521, 10922, 
and 11711 of this title, section 250 of Title 26, Internal Revenue Code, 
and section 5201 of Title 39, Postal Service.
    Section 4481 of the Internal Revenue Code of 1986, referred to in 
subsec. (c)(8), is classified to section 4481 of Title 26, Internal 
Revenue Code.
    Section 10102, referred to in subsec. (d)(2), was omitted and a new 
section 10102 enacted in the general amendment of this subtitle by Pub. 
L. 104-88, title I, Sec. 102(a), Dec. 29, 1995, 109 Stat. 804, 806, 
effective Jan. 1, 1996.


                            Prior Provisions

    Provisions similar to those in this section were contained in 
section 10922 of this title prior to the general amendment of this 
subtitle by Pub. L. 104-88, Sec. 102(a).


                               Amendments

    1999--Subsecs. (e), (f). Pub. L. 106-159 added subsec. (e) and 
redesignated former subsec. (e) as (f).
    1996--Subsec. (b)(8)(A). Pub. L. 104-287, Sec. 5(32)(A), inserted 
``and'' after ``any Indian tribe,'' in cl. (iv), struck out ``and'' 
after ``clause (i), (ii), (iii), or (iv),'' in cl. (v), and substituted 
``January 1, 1996,'' for ``the effective date of this subsection'' in 
concluding provisions.
    Subsec. (b)(8)(B). Pub. L. 104-287, Sec. 5(32)(B), substituted 
``January 1, 1996,'' for ``the effective date of this paragraph''.
    Subsecs. (c)(4)(A), (d)(1)(A), (2). Pub. L. 104-287, Sec. 5(32)(C), 
substituted ``December 31, 1995'' for ``the day before the effective 
date of this section''.

   Limited Modification to Moratorium on Issuance of Certificates or 
                     Permits With Respect to Mexico

    Memorandum of President of the United States, May 6, 1993, 58 F.R. 
27647, provided:
    Memorandum for the Secretary of Transportation
    Section 6 of the Bus Regulatory Reform Act of 1982 [Pub. L. 97-261, 
see former 49 U.S.C. 10922(m)(1), (2)] imposed a moratorium on the 
issuance of certificates or permits to motor carriers domiciled in, or 
owned or controlled by persons of, a contiguous foreign country. The Act 
[Pub. L. 97-261, see Tables for classification] authorized the President 
to remove the moratorium in whole or in part for any country or 
political subdivision thereof upon determining that such action is in 
the national interest. Sixty days' advance notice to the Congress is 
required whenever the removal or modification applies to a contiguous 
foreign country or political subdivision thereof that substantially 
prohibits the granting of motor carrier authority to persons from the 
United States.
    I am pleased that an agreement between the United States and Mexico 
has been concluded to ensure fair and reciprocal treatment for charter 
and tour bus interests on both sides of the border. The agreement 
reached, however, does not allow for full access to cross-border and 
domestic markets. Therefore, the moratorium must reflect the conditions 
under which operating authority may be issued to Mexican charter and 
tour companies under the agreement.
    Pursuant to section 6 of the Bus Regulatory Reform Act of 1982, 49 
U.S.C. section 10922(l)(2)(A) [see former 49 U.S.C. 10922(m)(2)(A)], I 
hereby make a limited modification to the moratorium imposed by that 
section and all actions taken by my predecessors under that section on 
the issuance of certificates or permits to motor carriers domiciled in, 
or owned or controlled by persons of, a contiguous foreign country.
    The moratorium is modified only to authorize the Interstate Commerce 
Commission to grant Mexican motor carriers authority to transport 
passengers in charter or special operations, in foreign commerce, in 
round trip or one-way service between Mexico and the United States 
pursuant to the following restrictions:
    1. The Mexican motor carrier can conduct cross-border charter or 
special service in the United States only when the international tour or 
charter begins in Mexico;
    2. Tickets or tour packages for such operations cannot be sold in 
the United States; and
    3. The terms of the grants of authority given to Mexican motor 
carriers will be limited by the life of the agreement with Mexico 
covering reciprocal cross-border charter and special operations.
    This action applies only to international charter and tour 
operations, does not allow for point-to-point service within the United 
States, and does not authorize companies to conduct cross-border regular 
route service. This action preserves the status quo with respect to 
Mexican trucking companies and Mexican companies engaged in regular 
route service, and will maintain the moratorium on those operations 
through September 25, 1994, unless earlier revoked or modified.
    Accordingly, you are directed to notify the Congress today on my 
behalf that, effective 60 days hence, the moratorium will no longer be 
in effect for Mexican charter and tour bus companies subject to the 
above stated conditions. Because of this action, the Interstate Commerce 
Commission will then accept and process expeditiously all applications 
for operating authority from Mexican owned, controlled, or domiciled 
charter and tour bus firms. I should note that applications in Mexico by 
United States charter and tour bus firms will be similarly treated.
    You are hereby authorized and directed to publish this determination 
in the Federal Register.
                                                     William J. Clinton.

    Memorandum of President of the United States, Jan. 1, 1994, 59 F.R. 
653, provided:
    Memorandum for the Secretary of Transportation
    Section 6 of the Bus Regulatory Reform Act of 1982 [Pub. L. 97-261, 
see former 49 U.S.C. 10922(m)(1), (2)] imposed a moratorium on the 
issuance of certificates or permits to motor carriers domiciled in, or 
owned or controlled by, persons of a contiguous foreign country. The Act 
[Pub. L. 97-261, see Tables for classification] authorized the President 
to remove the moratorium in whole or in part for any country or 
political subdivision thereof upon determining that such action is in 
the national interest. Sixty days' advance notice to the Congress is 
required whenever the removal or modification applies to a foreign 
contiguous country or political subdivision thereof that substantially 
prohibits the granting of motor carrier authority to persons from the 
United States.
    As set forth in the Statement of Administrative Action regarding the 
North American Free Trade Agreement (NAFTA) that I submitted to the 
Congress on November 3, 1993, the moratorium with respect to Mexico will 
be lifted in phases to coincide with the schedule of liberalization in 
the relevant provisions of the NAFTA. The NAFTA specifically states that 
the moratorium will not apply to the provision of cross-border charter 
or tour bus services as of the date of entry into force of the 
Agreement.
    This is to give public notice that, pursuant to section 6 of the Bus 
Regulatory Reform Act of 1982, 49 U.S.C. section 10922(l)(2)(A) [see 
former 49 U.S.C. 10922(m)(2)(A)], on November 3, 1993, I gave the 
Congress notice of my intention to make a limited modification to the 
moratorium imposed by that section and all actions taken by my 
predecessors under that section on the issuance of certificates or 
permits to motor carriers domiciled in, or owned or controlled by, 
persons of Mexico. This modification will take effect on January 1, 
1994, the 60th day after my notice to the Congress.
    The moratorium is modified only to authorize the Interstate Commerce 
Commission to grant Mexican motor carriers authority to transport 
passengers in charter or tour bus operations, in foreign commerce, in 
round-trip or one-way service between Mexico and the United States.
    This action applies only to international charter or tour bus 
operations, does not allow for point-to-point bus service within the 
United States, and does not authorize companies to conduct cross-border 
regular route bus service.
    Effective January 1, 1994, the Interstate Commerce Commission will 
begin to accept and process expeditiously all applications for operating 
authority from Mexican owned, controlled, or domiciled charter and tour 
bus firms.
    This determination shall be published in the Federal Register.
                                                     William J. Clinton.

    [Interstate Commerce Commission abolished and functions of 
Commission transferred, except as otherwise provided in Pub. L. 104-88, 
to Surface Transportation Board effective Jan. 1, 1996, by section 702 
of this title and section 101 of Pub. L. 104-88, set out as a note under 
section 701 of this title. References to Interstate Commerce Commission 
deemed to refer to Surface Transportation Board, a member or employee of 
the Board, or Secretary of Transportation, as appropriate, see section 
205 of Pub. L. 104-88, set out as a note under section 701 of this 
title.]

                         Extension of Moratorium

    Memorandum of President of the United States, Mar. 2, 1995, 60 F.R. 
12393, provided:
    Memorandum for the Secretary of Transportation [and] the United 
States Trade Representative
    Pursuant to section 6 of the Bus Regulatory Reform Act of 1982, 49 
U.S.C. 10922(l)(1) and (2) [Pub. L. 97-261, see former 49 U.S.C. 
10922(m)(1), (2)], I hereby extend for an additional 2 years both the 
moratorium imposed by that section and all actions taken by my 
predecessors under that section on the issuance of certificates or 
permits to motor carriers domiciled in, or owned or controlled by 
persons of, a contiguous foreign country. This action preserves the 
status quo and will maintain the moratorium through September 19, 1996, 
unless earlier revoked or modified.
    This memorandum shall be published in the Federal Register.
                                                     William J. Clinton.

    Memorandum of President of the United States, Sept. 25, 1992, 57 
F.R. 44647, extended maratorium through Sept. 19, 1994.
    Memorandum of President of the United States, Sept. 17, 1990, 55 
F.R. 38657, extended moratorium through Sept. 19, 1992.
    Memorandum of President of the United States, Sept. 15, 1988, 53 
F.R. 36430, extended moratorium through Sept. 19, 1990.
    Memorandum of President of the United States, Sept. 23, 1986, 51 
F.R. 34079, extended moratorium through Sept. 19, 1988.
    Memorandum of President of the United States, Aug. 30, 1984, 49 F.R. 
35001, extended moratorium through Sept. 19, 1986.

                  Section Referred to in Other Sections

    This section is referred to in sections 13507, 13905, 13906, 14301, 
14701, 14702, 14707, 14708, 14901, 14910, 24305, 31102 of this title.
