
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 49USC31139]

 
                        TITLE 49--TRANSPORTATION
 
             SUBTITLE VI--MOTOR VEHICLE AND DRIVER PROGRAMS
 
                           PART B--COMMERCIAL
 
              CHAPTER 311--COMMERCIAL MOTOR VEHICLE SAFETY
 
                    SUBCHAPTER III--SAFETY REGULATION
 
Sec. 31139. Minimum financial responsibility for transporting 
        property
        
    (a) Definitions.--In this section--
        (1) ``farm vehicle'' means a vehicle--
            (A) designed or adapted and used only for agriculture;
            (B) operated by a motor private carrier (as defined in 
        section 10102 of this title); and
            (C) operated only incidentally on highways.

        (2) ``interstate commerce'' includes transportation between a 
    place in a State and a place outside the United States, to the 
    extent the transportation is in the United States.
        (3) ``State'' means a State of the United States, the District 
    of Columbia, Puerto Rico, the Virgin Islands, American Samoa, Guam, 
    and the Northern Mariana Islands.

    (b) General Requirement and Minimum Amount.--(1) The Secretary of 
Transportation shall prescribe regulations to require minimum levels of 
financial responsibility sufficient to satisfy liability amounts 
established by the Secretary covering public liability, property damage, 
and environmental restoration for the transportation of property for 
compensation by motor vehicle in the United States between a place in a 
State and--
        (A) a place in another State;
        (B) another place in the same State through a place outside of 
    that State; or
        (C) a place outside the United States.

    (2) The level of financial responsibility established under 
paragraph (1) of this subsection shall be at least $750,000.
    (c) Requirements for Hazardous Matter and Oil.--(1) The Secretary of 
Transportation shall prescribe regulations to require minimum levels of 
financial responsibility sufficient to satisfy liability amounts 
established by the Secretary covering public liability, property damage, 
and environmental restoration for the transportation by motor vehicle in 
interstate or intrastate commerce of--
        (A) hazardous material (as defined by the Secretary);
        (B) oil or hazardous substances (as defined by the Administrator 
    of the Environmental Protection Agency); or
        (C) hazardous wastes (as defined by the Administrator).

    (2)(A) Except as provided in subparagraph (B) of this paragraph, the 
level of financial responsibility established under paragraph (1) of 
this subsection shall be at least $5,000,000 for the transportation--
        (i) of hazardous substances (as defined by the Administrator) in 
    cargo tanks, portable tanks, or hopper-type vehicles, with 
    capacities of more than 3,500 water gallons;
        (ii) in bulk of class A explosives, poison gas, liquefied gas, 
    or compressed gas; or
        (iii) of large quantities of radioactive material.

    (B) The Secretary of Transportation by regulation may reduce the 
minimum level in subparagraph (A) of this paragraph (to an amount not 
less than $1,000,000) for transportation described in subparagraph (A) 
in any of the territories of Puerto Rico, the Virgin Islands, American 
Samoa, Guam, and the Northern Mariana Islands if--
        (i) the chief executive officer of the territory requests the 
    reduction;
        (ii) the reduction will prevent a serious disruption in 
    transportation service and will not adversely affect public safety; 
    and
        (iii) insurance of $5,000,000 is not readily available.

    (3) The level of financial responsibility established under 
paragraph (1) of this subsection for the transportation of a material, 
oil, substance, or waste not subject to paragraph (2) of this subsection 
shall be at least $1,000,000. However, if the Secretary of 
Transportation finds it will not adversely affect public safety, the 
Secretary by regulation may reduce the amount for--
        (A) a class of vehicles transporting such a material, oil, 
    substance, or waste in intrastate commerce (except in bulk); and
        (B) a farm vehicle transporting such a material or substance in 
    interstate commerce (except in bulk).

    (d) Foreign Motor Carriers and Private Carriers.--Regulations 
prescribed under this section may allow foreign motor carriers and 
foreign motor private carriers (as those terms are defined in section 
10530 of this title) providing transportation of property under a 
certificate of registration issued under section 10530 to meet the 
minimum levels of financial responsibility under this section only when 
those carriers are providing transportation for property in the United 
States.
    (e) Evidence of Financial Responsibility.--(1) Subject to paragraph 
(2) of this subsection, financial responsibility may be established by 
evidence of one or a combination of the following if acceptable to the 
Secretary of Transportation:
        (A) insurance.
        (B) a guarantee.
        (C) a surety bond issued by a bonding company authorized to do 
    business in the United States.
        (D) qualification as a self-insurer.

    (2) A person domiciled in a country contiguous to the United States 
and providing transportation to which a minimum level of financial 
responsibility under this section applies shall have evidence of 
financial responsibility in the motor vehicle when the person is 
providing the transportation. If evidence of financial responsibility is 
not in the vehicle, the Secretary of Transportation and the Secretary of 
the Treasury shall deny entry of the vehicle into the United States.
    (3) A motor carrier may obtain the required amount of financial 
responsibility from more than one source provided the cumulative amount 
is equal to the minimum requirements of this section.
    (f) Civil Penalty.--(1) If, after notice and an opportunity for a 
hearing, the Secretary of Transportation finds that a person (except an 
employee acting without knowledge) has knowingly violated this section 
or a regulation prescribed under this section, the person is liable to 
the United States Government for a civil penalty of not more than 
$10,000 for each violation. A separate violation occurs for each day the 
violation continues.
    (2) The Secretary of Transportation shall impose the penalty by 
written notice. In determining the amount of the penalty, the Secretary 
shall consider--
        (A) the nature, circumstances, extent, and gravity of the 
    violation;
        (B) with respect to the violator, the degree of culpability, any 
    history of prior violations, the ability to pay, and any effect on 
    the ability to continue doing business; and
        (C) other matters that justice requires.

    (3) The Secretary of Transportation may compromise the penalty 
before referring the matter to the Attorney General for collection.
    (4) The Attorney General shall bring a civil action in an 
appropriate district court of the United States to collect a penalty 
referred to the Attorney General for collection under this subsection.
    (5) The amount of the penalty may be deducted from amounts the 
Government owes the person. An amount collected under this section shall 
be deposited in the Treasury as miscellaneous receipts.
    (g) Nonapplication.--This section does not apply to a motor vehicle 
having a gross vehicle weight rating of less than 10,000 pounds if the 
vehicle is not used to transport in interstate or foreign commerce--
        (1) class A or B explosives;
        (2) poison gas; or
        (3) a large quantity of radioactive material.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1006; Pub. L. 104-
88, title I, Sec. 104(e), Dec. 29, 1995, 109 Stat. 919.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
31139(a)..............................  49:10927 (note).                 July 1
, 1980, Pub. L. 96-296, Sec.
                                                                          30(h)
, 94 Stat. 823; Jan. 6, 1983,
                                                                          Pub. 
L. 97-424, Sec.  406(c), 96 Stat.
                                                                          2159;
 Oct. 30, 1984, Pub. L. 98-554,
                                                                          Sec. 
 222(b), 98 Stat. 2847; Nov. 18,
                                                                          1988,
 Pub. L. 100-690, Sec.  9112, 102
                                                                          Stat.
 4534.
31139(b)..............................  49:10927 (note).                 July 1
, 1980, Pub. L. 96-296, Sec.
                                                                          30(a)
, 94 Stat. 820; Jan. 6, 1983,
                                                                          Pub. 
L. 97-424, Sec.  406(a), 96 Stat.
                                                                          2158.
31139(c)..............................  49:10927 (note).                 July 1
, 1980, Pub. L. 96-296, Sec.
                                                                          30(b)
, 94 Stat. 821; Jan. 6, 1983,
                                                                          Pub. 
L. 97-424, Sec.  406(a), 96 Stat.
                                                                          2158;
 Oct. 30, 1984, Pub. L. 98-554,
                                                                          Sec. 
 222(a), 98 Stat. 2846; Nov. 16,
                                                                          1990,
 Pub. L. 101-615, Sec.  23, 104
                                                                          Stat.
 3272.
31139(d)..............................  49:10927 (note).                 July 1
, 1980, Pub. L. 96-296, 94 Stat.
                                                                          793, 
Sec.  30(g); added Nov. 18, 1988,
                                                                          Pub. 
L. 100-690, Sec.  9112, 102 Stat.
                                                                          4534.
31139(e)..............................  49:10927 (note).                 July 1
, 1980, Pub. L. 96-296, Sec.
                                                                          30(c)
, 94 Stat. 822; Jan. 6, 1983,
                                                                          Pub. 
L. 97-424, Sec.  406(b), 96 Stat.
                                                                          2158.
                                                                         July 1
, 1980, Pub. L. 96-296, Sec.
                                                                          30(e)
, 94 Stat. 822.
31139(f)..............................  49:10927 (note).                 July 1
, 1980, Pub. L. 96-296, Sec.
                                                                          30(d)
, 94 Stat. 822.
31139(g)..............................  49:10927 (note).                 July 1
, 1980, Pub. L. 96-296, Sec.
                                                                          30(f)
, 94 Stat. 823; Jan. 6, 1983,
                                                                          Pub. 
L. 97-424, Sec.  406(d), 96 Stat.
                                                                          2159.
-------------------------------------------------------------------------------
---------------------------------

    In subsection (a), before clause (1), the text of section 30(h)(3) 
of the Motor Carrier Act of 1980 (Public Law 96-296, 94 Stat. 823) is 
omitted as surplus because the complete name of the Secretary of 
Transportation is used the first time the term appears in a section. In 
clause (3), the words ``(including its use in the terms `interstate' and 
`intrastate')'' are omitted as surplus.
    In subsections (b)(2) and (c)(2) and (3), the word ``minimal'' is 
omitted as surplus.
    In subsection (b)(2), the words ``for any vehicle'' are omitted as 
surplus. The words beginning with ``except'' are omitted as expired. The 
text of section 30(a)(3) of the Act (Public Law 96-296, 94 Stat. 821) is 
omitted because the regulations have been issued. See 49 C.F.R. part 
387.
    In subsection (c)(2), the text of section 30(b)(2)(B) of the Act 
(Public Law 96-296, 94 Stat. 821) is omitted as expired.
    In subsection (c)(3), before clause (A), the text of section 
30(b)(3)(A) of the Act (Public Law 96-296, 94 Stat. 821) is omitted as 
expired. The text of section 30(b)(4) of the Act (Public Law 96-296, 94 
Stat. 822) is omitted because the regulations have been issued. See 49 
C.F.R. part 387. The words ``for any vehicle . . . in interstate or 
intrastate commerce'' are omitted as unnecessary because of the 
reference to paragraph (1).
    In subsection (e)(1), the words ``The Secretary shall establish, by 
regulation, methods and procedures to assure compliance with this 
section'' are omitted as surplus. The text of section 30(e) of the Act 
(Public Law 96-296, 94 Stat. 822) is omitted as executed.
    In subsection (f)(4), the words ``The Attorney General shall bring a 
civil action . . . to collect a penalty referred to the Attorney General 
for collection under this subsection'' are substituted for ``Such civil 
penalty may be recovered in an action brought by the Attorney General on 
behalf of the United States'' for consistency in the revised title.
    In subsection (f)(5), the words ``when finally determined (or agreed 
upon in compromise)'' are omitted as surplus.
    In subsection (g)(1) and (2), the words ``any quantity of'' are 
omitted as surplus.


                               Amendments

    1995--Subsec. (e)(3). Pub. L. 104-88 added par. (3).


                    Effective Date of 1995 Amendment

    Amendment by Pub. L. 104-88 effective Jan. 1, 1996, see section 2 of 
Pub. L. 104-88, set out as an Effective Date note under section 701 of 
this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 507, 521, 526, 10927, 13906, 
31102 of this title; title 42 section 9608.
