§10530. Certificates of registration for certain foreign carriers

(a) In this section-

[(1) Repealed. Pub. L. 100–690, title IX, §9111(a)(1), Nov. 18, 1988, 102 Stat. 4531 ]

(2) "foreign motor carrier" means a person (including a motor carrier of property but excluding a motor private carrier)-

(A)(i) which is domiciled in a contiguous foreign country; or

(ii) which is owned or controlled by persons of a contiguous foreign country and is not domiciled in the United States; and

(B) in the case of a person which is not a motor carrier of property, which provides interstate transportation of property (including exempt items) by motor vehicle under an agreement or contract entered into with a motor carrier of property (other than a motor private carrier or a motor carrier of property described in subparagraph (A)).

(3) "foreign motor private carrier" means a person (including a motor private carrier but excluding a motor carrier of property)-

(A)(i) which is domiciled in a contiguous foreign country; or

(ii) which is owned or controlled by persons of a contiguous foreign country and is not domiciled in the United States; and

(B) in the case of a person which is not a motor private carrier, which provides interstate transportation of property (including exempt items) by motor vehicle under an agreement or contract entered into with a person (other than a motor carrier of property or a motor private carrier described in subparagraph (A)).

(4) "exempt items" means items described in paragraphs (4), (6), (11), (12), (13), and (15) of section 10526(a) of this subchapter and items transported under paragraph (5) of such section.

(5) "interstate transportation" means transportation described in section 10521(a) of this subchapter and transportation in the United States exempt from the jurisdiction of the Commission under section 10526(b)(1) of this subchapter.

(b) Certification Requirement.-

(1) For foreign motor carriers.-Except as provided in this section and sections 10922 and 10923, no foreign motor carrier may provide interstate transportation of property (including exempt items) by motor vehicle unless the Commission has issued to such person a certificate of registration under this section, or a certificate or permit under subchapter II of chapter 109, authorizing such person to provide such transportation.

(2) For foreign motor carriers.-Except as provided in this section, no foreign motor private carrier may provide interstate transportation of property (including exempt items) by motor vehicle unless the Commission has issued to the carrier a certificate of registration under this section authorizing the carrier to provide such transportation.

(c) Without regard to subchapter II of chapter 103 of this title and subchapter II of chapter 5 of title 5, the Commission shall issue a certificate of registration to any foreign motor carrier authorizing the carrier to provide interstate transportation of property (including exempt items) by motor vehicle, and to any foreign motor private carrier authorizing the carrier to provide interstate transportation of property (including exempt items) by motor vehicle, if-

(1) the Commission finds that the carrier is fit, willing, and able-

(A) to provide the transportation to be authorized by the certificate; and

(B) to comply with this subtitle and regulations of the Commission; and

(2) the carrier demonstrates to the satisfaction of the Commission that the carrier has paid (or will pay in a timely manner) all taxes imposed by section 4481 of the Internal Revenue Code of 1986 on any motor vehicle which such carrier operated in the United States in the most recent taxable period (as such term is defined under section 4482(c) of such Code).

(d) A foreign motor carrier and a foreign motor private carrier must file an application with the Commission for a certificate of registration under this section to provide interstate transportation by motor vehicle. The Commission may approve any part of the application or deny the application. The application must-

(1) be under oath;

(2) contain such information as the Commission may require by regulation; and

(3) be filed with the Commission at such times as the Commission may require by regulation.

(e) The requirement that foreign motor carriers and foreign motor private carriers issued certificates of registration under this section be fit, willing, and able means-

(1) safety fitness; and

(2) proof of minimum financial responsibility-

(A) under section 30 ¹ of the Motor Carrier Act of 1980, and

(B) under the laws of the States in which the carrier is operating,

to the extent applicable.

(f) Each certificate of registration issued under this section shall specify the transportation to be provided under the certificate.

(g) Identification.-

(1) In vehicle.-Any motor vehicle which is used by a foreign motor carrier or by a foreign motor private carrier to provide interstate transportation of property (including exempt items) by motor vehicle under a certificate issued under this section or section 10922 or under a permit issued under section 10923 shall have a copy of such certificate or permit, as the case may be, in such motor vehicle at any time such vehicle is being used to provide such transportation.

(2) Denial of entry.-The Commission, the Secretary of Transportation, and the Secretary of the Treasury shall deny entry into the United States of any motor vehicle in which there is not a copy of the certificate or permit required to be in such vehicle by paragraph (1) of this subsection.

(h) When a certificate of registration is issued under this section, the Commission may prescribe such conditions on the transportation to be provided under the certificate as may be necessary to carry out the objectives of this section.

(i)(1) Subject to paragraph (3) of this subsection, this section shall not apply with respect to any contiguous foreign country with respect to which a moratorium is not in effect under section 10922(l) ¹ of this title on the effective date of this section.

(2) The President of the United States may waive the requirements of this section with respect to any contiguous foreign country if the President determines that such waiver is in the national interest and notifies, in writing, the Congress of such waiver before the date on which such waiver is to take effect. In any case in which the requirements of this section apply with respect to a contiguous foreign country which substantially prohibits grants of authority to persons from the United States to provide transportation by motor vehicle for compensation in such foreign country, such waiver shall not take effect before the 60th day following the date on which the Congress is notified of such waiver.

(3) The President of the United States may, by order, make the requirements of this section applicable with respect to any contiguous foreign country if-

(A) the President determines that making such requirements so applicable is in the national interest; and

(B) the President-

(i) notifies, in writing, the Congress of the issuance of such order; and

(ii) has published a copy of such order in the Federal Register;

at least 30 days before such order takes effect.

(Added Pub. L. 98–554, title II, §226(a)(1), Oct. 30, 1984, 98 Stat. 2848 ; amended Pub. L. 99–514, §2, Oct. 22, 1986, 100 Stat. 2095 ; Pub. L. 100–690, title IX, §9111(a)–(f), Nov. 18, 1988, 102 Stat. 4531–4533 ; Pub. L. 103–272, §4(j)(18), (o), July 5, 1994, 108 Stat. 1369 , 1371.)

Historical and Revision Notes

Pub. L. 103–272

Section 4(o) corrects technical errors in the introductory language of section 9111(b) and (f) of the Anti-Drug Abuse Act of 1988 (Public Law 100–690, 102 Stat. 4351).

References in Text

Sections 4481 and 4482(c) of the Internal Revenue Code of 1986, referred to in subsec. (c)(2), are classified to sections 4481 and 4482(c) of Title 26, Internal Revenue Code.

Section 30 of the Motor Carrier Act of 1980, referred to in subsec. (e)(2)(A), is section 30 of Pub. L. 96–296, which was formerly set out as a note under section 10927 of this title and was repealed and reenacted as section 31139 of this title by Pub. L. 103–272, §§1(e), 7(b), July 5, 1994, 108 Stat. 1006 , 1379, the first section of which enacted subtitles II, III, and V to X of this title.

Section 10922(l) of this title, referred to in subsec. (i)(1), was redesignated section 10922(m) of this title by Pub. L. 103–311, title II, §207(a)(1), Aug. 26, 1994, 108 Stat. 1686 .

The effective date of this section, referred to in subsec. (i)(1), is the effective date of Pub. L. 98–554, title II, §226(a)(1), which is May 1, 1985, see Effective Date note below.

Amendments

1994-Subsec. (b). Pub. L. 103–272, §4(o)(1), (2), made technical amendments to directory language of Pub. L. 100–690, §9111(b)(1), (2). See 1988 Amendment note below.

Subsec. (g). Pub. L. 103–272, §4(o)(3), (4), made technical amendments to directory language of Pub. L. 100–690, §9111(f)(1), (2). See 1988 Amendment note below.

Subsec. (i)(2). Pub. L. 103–272, §4(j)(18), which directed substitution of "notified" for "notifed" in par. (3), was executed by making the substitution in par. (2) to reflect the probable intent of Congress.

1988-Subsec. (a)(1). Pub. L. 100–690, §9111(a)(1), struck out par. (1) which read as follows: " 'registrable year' means the six-month period beginning July 1, 1985, and ending December 31, 1985, calendar year 1986, and each calendar year thereafter."

Subsec. (a)(2), (3). Pub. L. 100–690, §9111(a)(2), (3), amended pars. (2) and (3) generally. Prior to amendment, pars. (2) and (3) read as follows:

"(2) 'foreign motor carrier' means a motor carrier of property-

"(A) which does not hold a certificate issued under section 10922 of this title or a permit issued under section 10923 of this title; and

"(B)(i) which is domiciled in any contiguous foreign country; or

"(ii) which is owned or controlled by persons of any contiguous foreign country and is not domiciled in the United States.

"(3) 'foreign motor private carrier' means a motor private carrier-

"(A) which is domiciled in any contiguous foreign country; or

"(B) which is owned or controlled by persons of any contiguous foreign country and is not domiciled in the United States."

Subsec. (b). Pub. L. 100–690, §9111(b), as amended by Pub. L. 103–272, §4(o)(1), (2), inserted subsec. and par. (1) headings, generally amended text of par. (1) which read as follows: "Except as provided in this section, no foreign motor carrier may provide interstate transportation of exempt items in any registrable year unless the Commission has issued to the carrier a certificate of registration under this section authorizing the carrier to provide such transportation in such year.", and in par. (2) inserted heading and "by motor vehicle" after "items)", struck out "in any registrable year" before "unless" and "in such year" after "such transportation", and realigned margins.

Subsec. (c). Pub. L. 100–690, §9111(c), substituted "property (including exempt items) by motor vehicle" for "exempt items in any registrable year" and "by motor vehicle, if" for "in any registrable year, if" in introductory provisions and struck out "ending before the first day of such registrable year" after "of such Code)" in par. (2).

Subsec. (d). Pub. L. 100–690, §9111(d), inserted "by motor vehicle" before period at end of first sentence.

Subsec. (e)(2). Pub. L. 100–690, §9111(e), inserted subpars. (A) and (B) and concluding provisions and struck out former subpars. (A) and (B) which read as follows:

"(A) under section 30 of the Motor Carrier Act of 1980, in the case of a foreign motor carrier or foreign motor private carrier which provides transportation in the United States of an item referred to in subsection (b)(1) of such section; and

"(B) under the laws of the State or States in which the carrier is operating, in the case of a foreign motor private carrier which provides interstate transportation in the United States of property (other than an item referred to in such subsection)."

Subsec. (g). Pub. L. 100–690, §9111(f), as amended by Pub. L. 103–272, §4(o)(3), (4), inserted subsec. and par. (1) headings, generally amended text of par. (1) which read as follows: "Any motor vehicle which is used to provide transportation under a certificate of registration issued under this section shall have a copy of such certificate in such motor vehicle at any time such vehicle is being used to provide such transportation.", and in par. (2) inserted heading, substituted "certificate or permit" for "certificate of registration", and realigned margins.

1986-Subsec. (c)(2). Pub. L. 99–514 substituted "Internal Revenue Code of 1986" for "Internal Revenue Code of 1954".

Effective Date of 1988 Amendment

Section 9111(k) of Pub. L. 100–690 provided that: "The amendments made by this section [amending this section and sections 10922, 10927, 11701, and 11702 of this title] shall take effect January 1, 1990."

Effective Date

Section 226(d) of Pub. L. 98–554 provided that: "The amendments made by this section [enacting this section and amending sections 10322, 10922, 10927, 11701, 11702, 11901, and 11914 of this title] shall take effect May 1, 1985, except that the Interstate Commerce Commission may issue before such date such regulations as may be necessary to carry out the amendments made by this section beginning on such date."

Section Referred to in Other Sections

This section is referred to in sections 10922, 10927, 11701, 11702, 11901, 11914 of this title.

¹ See References in Text note below.