§11506. Registration of motor carriers by a State

(a) Definitions.-In this section, the terms "standards" and "amendments to standards" mean the specification of forms and procedures required by regulations of the Interstate Commerce Commission to prove the lawfulness of transportation by motor carrier referred to in section 10521(a)(1) and (2) of this title.

(b) General Rule.-The requirement of a State that a motor carrier, providing transportation subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title and providing transportation in that State, register the certificate or permit issued to the carrier under section 10922 or 10923 of this title is not an unreasonable burden on transportation referred to in section 10521(a)(1) and (2) of this title when the registration is completed under standards of the Commission under subsection (c) of this section. When a State registration requirement imposes obligations in excess of the standards, the part in excess is an unreasonable burden.

(c) Single State Registration System.-

(1) In general.-Not later than 18 months after the date of the enactment of the Intermodal Surface Transportation Efficiency Act of 1991, the Commission shall prescribe amendments to the standards existing as of such date of enactment. Such amendments shall implement a system under which-

(A) a motor carrier is required to register annually with only one State;

(B) the State of registration shall fully comply with standards prescribed under this section; and

(C) such single State registration shall be deemed to satisfy the registration requirements of all other States.

(2) Specific requirements.-

(A) Evidence of certificate; proof of insurance; payment of fees.-Under the amended standards implementing the single State registration system described in paragraph (1) of this subsection, only a State acting in its capacity as registration State under such single State system may require a motor carrier holding a certificate or permit issued under this subtitle-

(i) to file and maintain evidence of such certificate or permit;

(ii) to file satisfactory proof of required insurance or qualification as a self-insurer;

(iii) to pay directly to such State fee amounts in accordance with the fee system established under subparagraph (B)(iv) of this paragraph, subject to allocation of fee revenues among all States in which the carrier operates and which participate in the single State registration system; and

(iv) to file the name of a local agent for service of process.

(B) Receipts; fee system.-Such amended standards-

(i) shall require that the registration State issue a receipt, in a form prescribed under the amended standards, reflecting that the carrier has filed proof of insurance as provided under subparagraph (A)(ii) of this paragraph and has paid fee amounts in accordance with the fee system established under clause (iv) of this subparagraph;

(ii) shall require that copies of the receipt issued under clause (i) of this subparagraph be kept in each of the carrier's commercial motor vehicles;

(iii) shall not require decals, stamps, cab cards, or any other means of registering or identifying specific vehicles operated by the carrier;

(iv) shall establish a fee system for the filing of proof of insurance as provided under subparagraph (A)(ii) of this paragraph that (I) will be based on the number of commercial motor vehicles the carrier operates in a State and on the number of States in which the carrier operates, (II) will minimize the costs of complying with the registration system, and (III) will result in a fee for each participating State that is equal to the fee, not to exceed $10 per vehicle, that such State collected or charged as of November 15, 1991; and

(v) shall not authorize the charging or collection of any fee for filing and maintaining a certificate or permit under subparagraph (A)(i) of this paragraph.

(C) Prohibited fees.-The charging or collection of any fee under this section that is not in accordance with the fee system established under subparagraph (B)(iv) of this paragraph shall be deemed to be a burden on interstate commerce.

(D) Limitation on participation by states.-Only a State which, as of January 1, 1991, charged or collected a fee for a vehicle identification stamp or number under part 1023 of title 49, Code of Federal Regulations, shall be eligible to participate as a registration State under this subsection or to receive any fee revenue under this subsection.

(3) Effective date of amendments.-Amendments prescribed under this subsection shall take effect by January 1, 1994.

(d) Interpretation Authority of Commission.-This section does not affect the authority of the Commission to interpret its regulations and certificates and permits issued under section 10922 or 10923 of this title.

( Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1448 ; Pub. L. 102–240, title IV, §4005, Dec. 18, 1991, 105 Stat. 2146 .)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
11506	49:302(b) (less (1)).	Feb. 4, 1887, ch. 104, 24 Stat. 379 , §202(b) (less (1)); Aug. 9, 1935, ch. 498, §1, 49 Stat. 543 ; Sept. 18, 1940, ch. 722, §17, 54 Stat. 920 ; added Sept. 6, 1965, Pub. L. 89–170, §2, 79 Stat. 648 ; Oct. 28, 1974, Pub. L. 93–496, §14, 88 Stat. 1532 .

In subsection (a), the words "to prove" are substituted for "to evidence" for clarity. The words "transportation referred to in section 10521(a)(1) and (2) of this title" are substituted for "interstate operations of a carrier" in view of the restatement of the jurisdictional requirements in section 10521(a) of the revised title. The words "current records of" are omitted as surplus. The words "to the motor carrier" are inserted for clarity. The word "registering" is substituted for "registering and identifying" to eliminate redundancy. The words "proof of" are substituted for "evidence of" for clarity. The word "required" is substituted for "currently effective" for clarity. The words "under rules and regulations of the Commission" are omitted as unnecessary in view of section 10321(a) of the revised title giving the Commission general authority to carry out the subtitle and prescribe regulations. The word "name" is substituted for "resignations" for clarity.

In subsection (b), the words "providing transportation subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title" are substituted for "operating in interstate or foreign commerce" for clarity and to conform to the revised title. The words "providing transportation in that State" are substituted for "within the border of that State" for clarity. The words "certificate or permit issued to the carrier under section 10922 or 10923 of this title" are substituted for "certificate of public convenience and necessity or permit issued by the Commission" in view of the restatement and to conform to the revised title. The words "is not" are substituted for "shall not constitute" for clarity. The words "unreasonable burden" are substituted for "undue burden" for clarity and consistency. The words "transportation referred to in section 10521(a)(1) and (2) of this title" are substituted for "interstate commerce" in view of the restatement of the jurisdictional requirements in section 10521(a) of this title. The word "when" is substituted for "provided" for clarity. The word "completed" is substituted for "accomplished" for clarity. The word "under" is substituted for "in accordance with" for clarity. The words "standards of the Commission under subsection (c) of this section" are inserted for clarity. The words "When a State registration requirement imposes obligations in excess of the standards" are substituted for "To the extent that any State requirements for registration of motor carrier certificates or permits issued by the Commission impose obligations which are in excess of the standards or amendments thereto promulgated under this paragraph" for clarity. The words "part in excess" are substituted for "such excessive requirements" for clarity.

In subsection (c)(1), the words "The Commission shall maintain" are substituted for "As so certified, such standards, or amendments thereto, shall be promulgated forthwith by the Commission" for clarity and in view of the execution of the provision. The words "prepared and certified" are substituted for "determined and officially certified" for clarity. The words "referred to in section 305(f) of this title" are omitted as unnecessary in view of the restatement. The words "shall become effective five years from the date of such promulgation" are omitted as executed. The words "If the national organization of the State commissions fails to determine and certify to the Commission such standards within eighteen months from September 6, 1965" are omitted as executed. The word "entirely" is substituted for "in their entirety" for clarity. The words "the Commission shall" are substituted for "it shall be the duty of the Commission" for clarity. The word "prescribe" is substituted for "devise and promulgate" for clarity. The words "by the end of" are substituted for "within . . . thereafter" for clarity. The words "from time to time" are omitted as surplus.

In subsection (c)(2), the words "prepared . . . and prescribed" are substituted for "which are determined . . . and promulgated" for clarity. The words "on such initial effective date" and "prior to the initial effective date of such standards" are omitted as executed. The words "when the amendment is prescribed" are substituted for "at the time of promulgation" for clarity. The words "at another time" are substituted for "at such other time" for clarity. The words "subsequent to promulgation by the Commission" and "after such standards become effective initially" are omitted as unnecessary in view of the restatement.

In subsection (d), the words "when preparing" are substituted for "In determining" for clarity. The word "prescribed" is substituted for "determined and promulgated" for clarity.

In subsection (e), the words "This section does not" are substituted for "Nothing in this paragraph shall be construed" for clarity. The word "regulations" is substituted for "rule or regulation," when referring to the Commission, for consistency. The words "affect the authority of the Commission" are substituted for "deprive the Commission . . . of its jurisdiction" for clarity. The words "when there is a reasonable question of interpretation or construction" are omitted as unnecessary in view of the restatement. The word "interpret" is substituted for "interpret or construe" to eliminate redundancy. The words "certificates and permits issued under section 10922 or 10923 of this title" are substituted for "certificates of public convenience and necessity, permits" in view of the restatement relating to "certificates of public convenience and necessity" in section 10922 of the revised title and "permits" in section 10923 of the revised title.

References in Text

The date of the enactment of the Intermodal Surface Transportation Efficiency Act of 1991, referred to in subsec. (c)(1), is the date of enactment of Pub. L. 102–240, which was approved Dec. 18, 1991.

Amendments

1991-Pub. L. 102–240 amended section generally, substituting subsecs. (a) to (d) for former subsecs. (a) to (e) defining "standards" and "amendments to standards", providing that a State requirement that a motor carrier register certificate or permit issued under section 10922 or 10923 is not an unreasonable burden on transportation but that requirements beyond Commission standards are unreasonable burdens, requiring Commission to maintain standards and amendments to standards prescribed and certified by national organization of State Commissions and prescribed by Commission and providing for effectiveness of amendments to standards, requiring consultation between Commission and national organization when preparing amendments, and providing limits on applicability of section.

Participation in International Registration Plan and International Fuel Tax Agreement

Section 4008 of Pub. L. 102–240, which provided for establishment of working group consisting of State and local government officials for purpose of proposing procedures for resolution of disputes among States participating in International Registration Plan and International Fuel Tax Agreement, and which further provided for technical assistance to participating States, grants to participating States, vehicle registration limitations on nonparticipating States, fuel use tax reporting requirements and payments, enforcement of such provisions, and funding for working group, was repealed and reenacted as chapter 317 of this title by Pub. L. 103–272, §§1(e), 7(b), July 5, 1994, 108 Stat. 1031 , 1379.