
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: 49USC13908]

 
                        TITLE 49--TRANSPORTATION
 
                 SUBTITLE IV--INTERSTATE TRANSPORTATION
 
 PART B--MOTOR CARRIERS, WATER CARRIERS, BROKERS, AND FREIGHT FORWARDERS
 
                        CHAPTER 139--REGISTRATION
 
Sec. 13908. Registration and other reforms

    (a) Regulations Replacing Certain Programs.--The Secretary, in 
cooperation with the States, and after notice and opportunity for public 
comment, shall issue regulations to replace the current Department of 
Transportation identification number system, the single State 
registration system under section 14504, the registration system 
contained in this chapter, and the financial responsibility information 
system under section 13906 with a single, on-line, Federal system. The 
new system shall serve as a clearinghouse and depository of information 
on and identification of all foreign and domestic motor carriers, 
brokers, and freight forwarders, and others required to register with 
the Department as well as information on safety fitness and compliance 
with required levels of financial responsibility. In issuing the 
regulations, the Secretary shall consider whether or not to integrate 
the requirements of section 13304 into the new system and may integrate 
such requirements into the new system.
    (b) Factors To Be Considered.--In conducting the rulemaking under 
subsection (a), the Secretary shall, at a minimum, consider the 
following factors:
        (1) Funding for State enforcement of motor carrier safety 
    regulations.
        (2) Whether the existing single State registration system is 
    duplicative and burdensome.
        (3) The justification and need for collecting the statutory fee 
    for such system under section 14504(c)(2)(B)(iv).
        (4) The public safety.
        (5) The efficient delivery of transportation services.
        (6) How, and under what conditions, to extend the registration 
    system to motor private carriers and to carriers exempt under 
    sections 13502, 13503, and 13506.

    (c) Fee System.--The Secretary may establish, under section 9701 of 
title 31, a fee system for registration and filing evidence of financial 
responsibility under the new system under subsection (a). Fees collected 
under the fee system shall cover the costs of operating and upgrading 
the registration system, including all personnel costs associated with 
the system. Fees collected under this subsection may be credited to the 
Department of Transportation appropriations account for purposes for 
which such fees are collected, and shall be available for expenditure 
until expended.
    (d) State Registration Programs.--If the Secretary determines that 
no State should require insurance filings or collect fees for such 
filings (including filings and fees authorized under section 14504), the 
Secretary may prevent any State or political subdivision thereof, or any 
political authority of 2 or more States, from imposing any insurance 
filing requirements or fees that are for the same purposes as filings or 
fees the Secretary requires under the new system under subsection (a). 
The Secretary may not take any action pursuant to this subsection 
unless--
        (1) fees that will be collected by the Secretary under 
    subsection (c) and distributed in each fiscal year to the States 
    will provide each State with at least as much revenue as that State 
    received in fiscal year 1995 under section 11506, as in effect on 
    December 31, 1995; and
        (2) all States will receive from the distribution of such fees a 
    minimum apportionment.

    (e) Deadline for Conclusion; Modifications.--Not later than 24 
months after January 1, 1996, the Secretary--
        (1) shall conclude the rulemaking under this section;
        (2) may implement such changes under this section as the 
    Secretary considers appropriate and in the public interest; and
        (3) shall transmit to Congress a report on any findings of the 
    rulemaking and the changes being implemented under this section, 
    together with such recommendations for legislative language 
    necessary to conform this part to such changes.

(Added Pub. L. 104-88, title I, Sec. 103, Dec. 29, 1995, 109 Stat. 888; 
amended Pub. L. 104-287, Sec. 5(36), Oct. 11, 1996, 110 Stat. 3392.)


                      Historical and Revision Notes

                     Pub. L. 104-287, Sec. 5(36)(A)

    This amends 49:13908(d)(1) for clarity and consistency.


                     Pub. L. 104-287, Sec. 5(36)(B)

    This sets out the effective date of 49:13908.

                       References in Text

    Section 11506, referred to in subsec. (d)(1), was omitted in the 
general amendment of this subtitle by Pub. L. 104-88, title I, 
Sec. 102(a), Dec. 29, 1995, 109 Stat. 804, effective Jan. 1, 1996.


                               Amendments

    1996--Subsec. (d)(1). Pub. L. 104-287, Sec. 5(36)(A), substituted 
``December 31, 1995'' for ``the day before the effective date of this 
section''.
    Subsec. (e). Pub. L. 104-287, Sec. 5(36)(B), substituted ``January 
1, 1996'' for ``the effective date of this section''.

                  Section Referred to in Other Sections

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