
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 49USC13905]

 
                        TITLE 49--TRANSPORTATION
 
                 SUBTITLE IV--INTERSTATE TRANSPORTATION
 
 PART B--MOTOR CARRIERS, WATER CARRIERS, BROKERS, AND FREIGHT FORWARDERS
 
                        CHAPTER 139--REGISTRATION
 
Sec. 13905. Effective periods of registration

    (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) In General.--Except as otherwise provided in this part, each 
registration issued under section 13902, 13903, or 13904 shall be 
effective from the date specified by the Secretary and shall remain in 
effect for such period as the Secretary determines appropriate by 
regulation.
    (c) Suspension, Amendments, and Revocations.--
        (1) In general.--On application of the registrant, the Secretary 
    may amend or revoke a registration. 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, broker, or freight forwarder 
    for willful failure to comply with this part, an applicable 
    regulation or order of the Secretary or of the Board, or a condition 
    of its registration; and (B) suspend, amend, or revoke any part of 
    the registration of a motor carrier, broker, or freight forwarder: 
    (i) for failure to pay a civil penalty imposed under chapter 5, 51, 
    149, or 311 of this title; or (ii) for failure to arrange and abide 
    by an acceptable payment plan for such civil penalty, within 90 days 
    of the time specified by order of the Secretary for the payment of 
    such penalty. Subparagraph (B) shall not apply to any person who is 
    unable to pay a civil penalty because such person is a debtor in a 
    case under chapter 11 of title 11, United States Code.
        (2) 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 (1)(B).

    (d) Procedure.--Except on application of the registrant, 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.

    (e) Expedited Procedure.--
        (1) Protection of safety.--Without regard to subchapter II of 
    chapter 5 of title 5, the Secretary may suspend the registration of 
    a motor carrier, a freight forwarder, or a broker for failure to 
    comply with safety requirements of the Secretary or the safety 
    fitness requirements pursuant to section 13904(c), 13906, or 31144 
    of this title, or an order or regulation of the Secretary prescribed 
    under those sections.
        (2) Imminent hazard to public health.--Without regard to 
    subchapter II of chapter 5 of title 5, the Secretary may suspend a 
    registration of a motor carrier of passengers if the Secretary finds 
    that such carrier has been conducting unsafe operations which are an 
    imminent hazard to public health or property.
        (3) Notice; period of suspension.--The Secretary may suspend 
    under this subsection the registration only after giving notice of 
    the suspension to the registrant. The suspension remains in effect 
    until the registrant complies with those applicable sections or, in 
    the case of a suspension under paragraph (2), until the Secretary 
    revokes such suspension.

(Added Pub. L. 104-88, title I, Sec. 103, Dec. 29, 1995, 109 Stat. 884; 
amended Pub. L. 104-287, Sec. 5(33), Oct. 11, 1996, 110 Stat. 3392; Pub. 
L. 105-102, Sec. 2(10), Nov. 20, 1997, 111 Stat. 2204; Pub. L. 106-159, 
title II, Sec. 206(a), Dec. 9, 1999, 113 Stat. 1763.)


                      Historical and Revision Notes

                             Pub. L. 104-287

    This amends 49:13905(a) for clarity and consistency.


                             Pub. L. 105-102

    This amends 49:13905(e)(1) to correct a grammatical error.

                       References in Text

    The date of the enactment of this paragraph, referred to in subsec. 
(c)(2), is the date of enactment of Pub. L. 106-159, which was approved 
Dec. 9, 1999.


                            Prior Provisions

    Provisions similar to those in this section were contained in 
section 10925 of this title prior to the general amendment of this 
subtitle by Pub. L. 104-88, Sec. 102(a).


                               Amendments

    1999--Subsec. (c). Pub. L. 106-159 inserted par. (1) designation and 
heading, inserted ``(A)'' before ``suspend'', added cl. (B), realigned 
par. (1) margins, and added par. (2).
    1997--Subsec. (e)(1). Pub. L. 105-102 struck out comma after 
``31144''.
    1996--Subsec. (a). Pub. L. 104-287 substituted ``December 31, 1995'' 
for ``the day before the effective date of this section''.

                  Section Referred to in Other Sections

    This section is referred to in section 13902 of this title.
