U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

69–010 

" ! SENATE 110TH CONGRESS

2d Session 

REPORT

2008

110–395 

Calendar No. 829 

OVER-THE-ROAD BUS TRANSPORTATION 

ACCESSIBILITY ACT OF 2007 

R E P O R T 

OF THE

COMMITTEE ON COMMERCE, SCIENCE, AND 

TRANSPORTATION 

ON

H.R. 3985 

JUNE 23, 2008.—Ordered to be printed 


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(II) 

SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION 

ONE HUNDRED TENTH CONGRESS

SECOND SESSION

DANIEL K. INOUYE, Hawaii, Chairman 

TED STEVENS, Alaska, Vice-Chairman 

JOHN D. ROCKEFELLER IV, West Virginia 

JOHN F. KERRY, Massachusetts 

BYRON L. DORGAN, North Dakota 

BARBARA BOXER, California 

BILL NELSON, Florida 

MARIA CANTWELL, Washington 

FRANK R. LAUTENBERG, New Jersey 

MARK PRYOR, Arkansas 

THOMAS CARPER, Delaware 

CLAIRE MCCASKILL, Missouri 

AMY KLOBUCHAR, Minnesota 

JOHN MCCAIN, Arizona 

KAY BAILEY HUTCHISON, Texas 

OLYMPIA J. SNOWE, Maine 

GORDON H. SMITH, Oregon 

JOHN ENSIGN, Nevada 

JOHN E. SUNUNU, New Hampshire 

JIM DEMINT, South Carolina 

DAVID VITTER, Louisiana 

JOHN THUNE, South Dakota 

ROGER F. WICKER, Mississippi 

MARGARET CUMMISKY, Staff Director and Chief Counsel 

LILA HELMS, Deputy Staff Director and Policy Director 

JEAN TOAL EISEN, Senior Advisor and Deputy Policy Director 

CHRISTINE KURTH, Republican Staff Director and General Counsel 

PAUL J. NAGLE, Republican Chief Counsel 

MIMI BRANIFF, Republican Deputy Chief Counsel 


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69–010 

1 An ‘‘over-the-road bus’’ is defined as a bus with an elevated passenger deck over a baggage 

compartment. 

Calendar No. 829 

110TH CONGRESS REPORT " ! SENATE 2d Session 110–395 

OVER-THE-ROAD BUS TRANSPORTATION ACCESSIBILITY 

ACT OF 2007 

JUNE 23, 2008.—Ordered to be printed 

Mr. INOUYE, from the Committee on Commerce, Science, and 

Transportation, submitted the following 

R E P O R T 

[To accompany H.R. 3985] 

The Committee on Commerce, Science, and Transportation, to 

which was referred the bill (H.R. 3985) to amend title 49, United 

States Code, to direct the Secretary of Transportation to register a 

person providing transportation by an over-the-road bus 1 as a 

motor carrier of passengers only if the person is willing and able 

to comply with certain accessibility requirements in addition to 

other existing requirements, and for other purposes, having considered the same, reports favorably thereon without amendment and 

recommends that the bill do pass. 

PURPOSE OF THE BILL

The purpose of H.R. 3985, the Over-the-Road Bus Transportation 

Accessibility Act of 2007, is to clarify the Federal Motor Carrier 

Safety Administration’s (FMCSA) responsibility and authority to 

enforce compliance with the Department of Transportation’s (DOT) 

over-the-road bus passenger accessibility regulations promulgated 

pursuant to the Americans with Disabilities Act (ADA, Public Law 

101–336). 

BACKGROUND AND NEEDS

H.R. 3985 would clarify the FMCSA’s responsibility and authority to enforce compliance with DOT over-the-road bus passenger accessibility regulations promulgated pursuant to the ADA. The 


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2 Fixed-route service is transportation along a prescribed route according to a fixed schedule. 

FMCSA claims that, under current statutes and through the interpretation of prior regulations, they do not have the authority to require that motor carriers, as a condition of receiving operating authority, operate over-the-road buses that comply with accessibility 

regulations promulgated by the DOT pursuant to the ADA. Rather, 

the FMCSA has pointed to the Department of Justice (DOJ), which 

is generally charged with the enforcement of the ADA, as the agency responsible for ensuring motor carrier compliance with the 

DOT’s ADA-related regulations. The DOJ, however, has generally 

chosen not to take enforcement actions against over-the-road bus 

operators that fail to comply with the DOT’s accessibility regulations, despite claims of widespread non-compliance by certain overthe-road bus operators. This situation has stymied adequate enforcement of the over-the-road accessibility requirements, and H.R. 

3985 would address this by clarifying that the FMCSA shall consider compliance with accessibility regulations as a criterion for a 

motor carrier’s fitness for the purpose of obtaining operating authority. 

In 1998, per the requirements of the ADA, the DOT adopted a 

final rule requiring all over-the-road bus motor carriers to accommodate individuals with disabilities. This rule (1) prohibits discrimination against an individual with a disability in connection 

with the provision of transportation service; (2) requires fixedroute2 passenger carriers to operate vehicles readily accessible to 

and usable by individuals with disabilities; and (3) provides that 

violations of the ADA by passenger carriers not receiving governmental assistance be referred to the DOJ for investigation and enforcement. These accessibility requirements for over-the-road buses 

vary by operator size, as determined by gross annual transportation revenue, and type of transportation service offered by the 

carrier, fixed-route or demand-responsive, such as a charter or tour 

service. Large fixed-route operators must ensure that all new purchased or leased over-the-road buses are accessible and were required to outfit half their fleet with accessible buses by October 

2006, with the remaining half due to be outfitted by October 2012. 

Small fixed-route companies are required to ensure that each new 

over-the-road bus purchased or leased is accessible, and while there 

is no accessibility deadline for small fixed-route fleets, such motor 

carriers must provide an accessible bus upon request, with 48- 

hours advance notice, or provide equivalent service until they become accessible. Both large and small demand-responsive companies must provide accessible service on a 48-hour advance notice 

basis, but small companies are not required to fundamentally alter 

reservation practices or displace other passengers in order to meet 

these requirements. 

The FMCSA’s standards for granting a motor carrier operating 

authority to transport passengers, established in section 

13902(a)(1) of title 49, United States Code, require the company to 

be ‘‘willing and able to comply with this part and applicable regulations of the Secretary’’ including safety regulations and fitness and 

insurance requirements. The FMCSA has interpreted this section 

very narrowly so as to consider the phrase ‘‘applicable regulations 

of the Secretary’’ as only applying to regulations relating to part B 


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of subtitle 49, United State Code, referenced by the proceeding 

words ‘‘this part.’’ Part B contains the statutory authority that was 

transferred to the FMCSA from the Interstate Commerce Commission (ICC) after the ICC was terminated in 1995. This narrow reading and the Department’s view that the ICC authority and regulations transferred to it did not include enforcement of ADA compliance has thus limited the DOT’s ability to enforce its own accessibility requirements through the granting, denial, or revocation of 

operating authority. The FMCSA’s interpretation of 13902(a)(1) of 

title 49, United States Code, created a lack of enforcement in this 

area, resulting in a number of court actions against the agency 

brought primarily by over-the-road bus operators who currently 

comply with the DOT’s accessibility regulations and who are seeking to ensure that other bus operators are compelled to comply 

with these requirements. 

In April 2005, Peter Pan Bus Lines, Inc., and Bonanza Acquisition LLC (Peter Pan) filed a protest with FMCSA challenging Fung 

Wah Bus Transportation, Inc.’s (Fung Wah) operating authority application on the grounds that Fung Wah was not willing or able to 

comply with the DOT’s accessibility regulations. The FMCSA rejected Peter Pan’s protest on October 26, 2005, concluding that ‘‘applicable regulations’’ do not refer to all regulations promulgated by 

the Secretary for motor carriers. Rather, the FMCSA reasoned that 

the statute should be narrowly construed to mean only ‘‘applicable 

regulations’’ in ‘‘this part’’ of the statute and not regulations found 

elsewhere, such as the ADA requirements. The agency claimed that 

this interpretation was apparent from the plain language of the 

statute and its analysis of legislative history and required no further investigation. Therefore, because Peter Pan could not prove 

Fung Wah was unwilling or unable to comply with the DOT operating authority requirements, as the FMCSA construes them to 

apply, the FMCSA dismissed the case and subsequently denied a 

petition for reconsideration. 

Peter Pan appealed the FMCSA’s decision to the U.S. Court of 

Appeals, which issued a ruling on December 19, 2006, reversing 

the FMCSA’s decision, rejecting that the statute was plain on its 

face, and remanding the case back to the FMCSA. The Court of Appeals found ‘‘this part and applicable regulations’’ to be ambiguous, 

requiring further interpretation. The concurring decision also questioned the reasonableness of FMCSA’s principal justification for declining to review bus company ADA compliance during the registration process, which the court noted essentially chooses the preservation of motor carrier competition over the rights of the disabled. 

The FMCSA reopened the record in February 2007 and offered 

Fung Wah the opportunity to respond to Peter Pan’s protest and 

for Peter Pan to reply. On February 26, 2007, Fung Wah stated 

that Congress did not give the FMCSA the statutory authority to 

refuse operating authority based on ADA compliance because ADA 

compliance was not a fitness criterion for registration. Even if the 

FMCSA had such authority, Fung Wah said it was willing and able 

to comply with accessibility requirements. In response, Peter Pan 

restated its original argument on March 1, 2007, that ‘‘ADA is a 

required element of fitness to receive operating authority’’ and 

Fung Wah did not meet the necessary fitness criterion. 


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3 Senate Report 110–131, page 72. 

On July 16, 2007, to indicate its displeasure with the FMCSA decision in this matter, the Senate Appropriations Committee included report language in the report accompanying the Fiscal Year 

(FY) 2008 Departments of Transportation and Housing and Urban 

Development Appropriations Act instructing the Secretary to enforce the bus accessibility requirements. The House Appropriations 

Committee report also contained a similar admonition. The Senate 

report language states: 

The Committee is greatly dismayed by the [FMCSA’s] continuing failure to exercise the [DOT’s] authority to deny 

operating authority to interstate bus companies that are 

unwilling or unable to comply to comply with the [ADA]. 

DOT’s regulations under 49 CFR Part 37, Subpart H requires accessibility to over-the-road buses for people with 

disabilities. The U.S. Court of Appeals for the D.C. Circuit 

rejected FMCSA’s assertion that it did not have the authority to deny bus operators registration on these grounds 

and remanded the case to FMCSA for further interpretation of the statutory language. In the many months that 

have passed since that decision, no action has been taken 

by FMCSA. The Committee expects FMCSA to take immediate action to implement the Court’s decision without further delay. That action should ensure that discrimination 

against people with disabilities precludes bus operators 

from registering as interstate motor carriers to the same 

extent to which other forms of discrimination and serious 

safety violations preclude such registration. The Committee further directs the Secretary of Transportation to 

provide a letter report to the Committee no later than 30 

days following the reporting of this bill to explain how she 

and her Federal Motor Carrier Safety Administrator have 

implemented the Circuit Court decision and the Committee’s directive.3

The FMCSA issued a decision in this case on October 26, 2007. 

Despite the Court of Appeals’ indication that the FMCSA should 

include ADA compliance in its new interpretation of the statutory 

language, the FMCSA again rejected Peter Pan’s request to deny 

Fung Wah operating authority because they were not ADA compliant. Expanding beyond the FMCSA’s first decision, in this second 

ruling, the FMCSA argued again that (1) the authority to enforce 

ADA compliance rested with a different agency, the DOJ; (2) the 

ICC’s own ADA accessibility regulations and any related enforcement authority were superseded by the ADA before the ICC’s authority was transferred to the DOT; (3) the ICC never conditioned 

operating authority on ADA compliance and thus, neither should 

the DOT; and (4) the ICC Termination Act of 1995 (ICCTA) limited 

the factors that could be considered in granting operating authority, so a broad reading of the requirements is inconsistent with the 

intent of Congress. 

According to the FMCSA, the statutory authority transferred to 

the FMCSA after the ICC was dismantled through the ICCTA did 

not include accessibility compliance in the determination of a motor 


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4 House Report 110–446. The bill, H.R. 3074, was subsequently enacted as part of the FY 

2008 Consolidated Appropriations Act (P.L. 110–161). 

carrier’s fitness for operation. The FMCSA argued that Congress, 

through statute, had limited the fitness elements the FMCSA could 

consider in an operating authority case to safety and financial responsibility. The FMCSA concluded that since the ICC had incorporated the Secretary’s ADA regulation into its own regulations 

after 1991, the ICC had thus ‘‘declared that its regulations were 

superseded by the ADA and that the responsibility for regulating 

service to disabled passengers now rested with other agencies or 

departments.’’ According to the DOT, since the disabled accessibility rules were no longer ‘‘ICC regulations,’’ DOT could not consider them as part of granting operating authority after ICCTA 

transferred that responsibility to the DOT. Rather, the FMCSA 

claimed that the DOJ, as the lead department for enforcing ADA 

compliance, is responsible for ensuring that an over-the-road bus 

company meet any federal accessibility requirements. Therefore, 

the FMCSA concluded that limited reading of the fitness element 

was consistent with Congressional intent and that its earlier decision against Peter Pan in 2005 was ‘‘reasonable.’’ The FMCSA’s decision has drawn criticism, since many believe 

that by modifying its regulations to incorporate by reference DOT’s 

ADA regulations, the ICC intended to make the DOT regulations 

part of the ICC regulations. As such, the FMCSA should have considered compliance with them as a condition of granting operating 

authority for buses and other passenger carriers. Opponents of the 

FMCSA’s position believe that its interpretation of the statute and 

its refusal to ensure that over-the-road buses comply with the accessibility requirements call into question the DOT’s sincerity towards upholding its commitments under the ADA. In the final conference report accompanying the FY 2008 Departments of Transportation and Housing and Urban Development Appropriations bill 

issued on November 13, 2007,4 the Conferees stated: 

The conferees reiterate concerns expressed in both the 

House and Senate Committee reports regarding DOT’s 

failure to enforce its own regulations requiring accessibility to over-the-road buses for people with disabilities. 

The U.S. Court of Appeals for the D.C. Circuit rejected 

FMCSA’s assertion that it did not have the authority to 

deny bus operators registration based on an interstate bus 

company’s unwillingness or inability to comply with DOT’s 

ADA regulations, and remanded the case to FMCSA for 

further interpretation. On October 26, 2007, FMCSA responded by reasserting its claim that it lacks the authority 

to enforce DOT’s own ADA regulations. The conferees find 

this interpretation to be mystifying, unacceptable, and deliberately evasive. It certainly calls into question the commitment of both the Secretary and the Administrator to 

enforcing both the letter and the spirit of Federal laws designed to protect the rights of the disabled. The conferees 

disagree with FMCSA that further statutory language is 

needed to clarify FMCSA’s enforcement role in this area. 

Even so, given the recalcitrant stance and steadfast refusal of the Secretary and the Administrator to enforce the 


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law on this matter, the conferees are supportive of the 

prompt enactment of H.R. 3985: the Over-the-Road Bus 

Transportation Accessibility Act of 2007. This bill makes 

clear, again, that FMCSA has the authority to enforce 

compliance with DOT’s ADA regulations in this area. The 

conferees can only hope that, once this law is enacted, the 

Secretary and Administrator will not concoct still further 

evasive strategies to avoid their statutory responsibility. 

SUMMARY OF PROVISIONS

H.R. 3985 would amend title 49, United States Code, to ‘‘direct 

the Secretary of Transportation to register a person providing 

transportation by an over-the-road bus as a motor carrier of passengers only if the person is willing and able to comply with certain accessibility requirements in addition to other existing requirements.’’ The accessibility requirements, established under title 

49, part 37, subpart H of the Code of Federal Regulations, require 

over-the-road bus operators to purchase or lease accessible vehicles 

or provide accessible service to passengers with disabilities with 48 

hour advance notice, depending on fleet size and types of service 

operated by the carrier. The bill also would require the DOT and 

the DOJ to enter into a memorandum of understanding regarding 

the enforcement and compliance of over-the-road bus carriers with 

the accessibility requirements. 

LEGISLATIVE HISTORY

H.R. 3985 was introduced on October 29, 2007, by Representative 

DeFazio and cosponsored by Representatives Oberstar, Mica, and 

Duncan. On December 12, 2007, the bill passed the House of Representatives by a vote of 374 to 0 and was subsequently referred 

to the Senate Committee on Commerce, Science, and Transportation for consideration. The Committee met in an open executive 

session on April 24, 2008, and ordered H.R. 3985 reported favorably, without amendment. 

Staff assigned to this legislation are Stephen Gardner, Senior 

Democratic Professional Staff, Melissa Porter, Democratic Transportation Counsel, Betsy McDonnell, Republican Professional Staff, 

and Suzanne Newhouse, Republican Transportation Counsel. 

ESTIMATED COSTS

In accordance with paragraph 11(a) of rule XXVI of the Standing 

Rules of the Senate and section 403 of the Congressional Budget 

Act of 1974, the Committee provides the following cost estimate, 

prepared by the Congressional Budget Office: 

H.R. 3985—Over-the-Road Bus Transportation Accessibility Act of 

2007 

H.R. 3985 would require the Federal Motor Carrier Safety Administration (FMCSA) to ensure that operators of over-the-road 

buses comply with the Americans With Disabilities Act (ADA). 

(Generally, over-the-road buses are those that have elevated passenger decks located over baggage compartments.) Under H.R. 

3985, the FMCSA would be required to review applications for liVerDate Aug 31 2005 03:12 Jun 24, 2008 Jkt 069010 PO 00000 Frm 00008 Fmt 6659 Sfmt 6601 E:\HR\OC\SR395.XXX SR395

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censes to operate such vehicles to ensure that the operators comply 

with federal accessibility regulations issued under the ADA. In addition to performing safety audits for new licensees, the agency also 

would include ADA requirements in the compliance reviews of bus 

operators that it undertakes in the future. 

Based on information provided by the FMCSA, CBO estimates 

that developing and enforcing new regulations to implement H.R. 

3985 would cost the agency about $500,000 in fiscal year 2009 and 

less than $300,000 each year thereafter. First-year costs include 

one-time systems upgrades and training expenses. Enacting the 

legislation would not affect direct spending or revenues. 

Section 4 of the Unfunded Mandates Reform Act excludes from 

the application of that act any legislative provision that establishes 

or enforces statutory rights that prohibit discrimination on the 

basis of disability. CBO has determined that the provisions of H.R. 

3985 fall within that exclusion; therefore, we have not reviewed 

them for intergovernmental or private-sector mandates. 

On November 9, 2007, CBO transmitted a cost estimate for H.R. 

3985, as ordered reported by the House Committee on Transportation and Infrastructure. The two versions of the legislation are 

identical, and the estimated cost is the same except that CBO now 

expects the first-year of cost would be for fiscal year 2009 instead 

of 2008. 

The CBO staff contact for this estimate is Deborah Reis. This estimate was approved by Peter H. Fontaine, Assistant Director for 

Budget Analysis. 

REGULATORY IMPACT STATEMENT

In accordance with paragraph 11(b) of rule XXVI of the Standing 

Rules of the Senate, the Committee provides the following evaluation of the regulatory impact of the legislation, as reported: 

NUMBER OF PERSONS COVERED

H.R. 3985 does not impose any additional regulatory or compliance requirements on over-the-road bus carriers. However, because 

the bill clarifies FMCSA’s authority to enforce DOT’s over-the-road 

bus passenger accessibility regulations against over-the-road bus 

carriers that are not compliant, any carriers that are non-compliant 

as of the date of enactment will be subject to additional enforcement action. Because no monitoring of non-compliant carriers has 

been done to date, it is unknown how many carriers are non-compliant. 

ECONOMIC IMPACT

This legislation would not have an adverse economic impact on 

the Nation. It does not introduce new regulations but merely provides better enforcement. Carriers that are not already compliant 

with DOT’s ADA regulations will have to spend funds to purchase 

or lease an ADA compliant over-the-road bus; retrofit the old overthe-road bus fleet; provide equivalent service; or face potential enforcement action by FMCSA. Any carrier costs that are incurred to 

ensure compliance with the DOT’s ADA regulations will help avoid 

the costs associated with an enforcement action or litigation, including fines and penalties. Additionally, more passengers with disVerDate Aug 31 2005 03:12 Jun 24, 2008 Jkt 069010 PO 00000 Frm 00009 Fmt 6659 Sfmt 6601 E:\HR\OC\SR395.XXX SR395

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abilities will also be able to use more easily these newly compliant 

carriers’ transportation services, potentially having a positive impact on carrier revenues. 

PRIVACY

H.R. 3985 would have no effect on the privacy rights of individuals. 

PAPERWORK

The Committee does not anticipate a major increase in paperwork burdens for individuals or business resulting from the passage of this legislation. Any additional paperwork for FMCSA that 

may result from considering ADA compliance as a condition of receiving operating authority is aimed at ensuring citizens with disabilities have an equal right to ride on over-the-road buses, as required by the ADA. 

CONGRESSIONALLY DIRECTED SPENDING

In compliance with paragraph 4(b) of rule XLIV of the Standing 

Rules of the Senate, the Committee provides that the bill, as reported, does not contain any congressionally directed spending 

items as defined in the rule. 

SECTION-BY-SECTION ANALYSIS

Section 1. This section would title the bill the ‘‘Over-the-Road 

Bus Transportation Accessibility Act of 2007.’’

Section 2. This section would require the DOT to consider a 

motor carrier’s compliance with accessibility regulations when 

granting operating authority to provide passenger transportation 

by an over-the-road bus. It also would enable the DOT to suspend, 

amend, or revoke a motor carrier’s registration for failure to comply 

with DOT’s accessibility requirements and would add failure to 

comply with such accessibility requirements to the list of circumstances under which the Secretary of Transportation may hear 

a complaint regarding a motor carrier’s registration. 

Section 3. This section would define over-the-road buses as buses 

‘‘characterized by an elevated passenger deck located over a baggage compartment.’’

Section 4. This section would require that, not later than 30 days 

after the date of enactment of this Act, the Secretary take necessary actions to implement the changes required by the Act relating to registration of motor carriers providing transportation by an 

over-the-road bus. 

Section 5. This section would obligate the DOT and the DOJ to 

enter into a memorandum of understanding not later than six 

months after the date of enactment of the Act which would outline 

the specific roles and responsibilities of each Department in enforcing compliance of over-the-road bus carriers with accessibility requirements and recognize the DOT’s statutory responsibility to enforce accessibility compliance, as clarified by this Act. 


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CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, changes in existing law made by the bill, as 

reported, are shown as follows (existing law proposed to be omitted 

is enclosed in black brackets, new material is printed in italic, existing law in which no change is proposed is shown in roman): 

TITLE 49, UNITED STATES CODE 

SUBTITLE IV—INTERSTATE TRANSPORTATION

PART B—MOTOR CARRIERS, WATER CARRIERS, BROKERS, AND FREIGHT

FORWARDERS

CHAPTER 131—GENERAL PROVISIONS

§ 13102. Definitions 

In this part, the following definitions shall apply: 

(1) BOARD.—The term ‘‘Board’’ means the Surface Transportation Board. 

(2) BROKER.—The term ‘‘broker’’ means a person, other than 

a motor carrier or an employee or agent of a motor carrier, 

that as a principal or agent sells, offers for sale, negotiates for, 

or holds itself out by solicitation, advertisement, or otherwise 

as selling, providing, or arranging for, transportation by motor 

carrier for compensation. 

(3) CARRIER.—The term ‘‘carrier’’ means a motor carrier, a 

water carrier, and a freight forwarder. 

(4) CONTRACT CARRIAGE.—The term ‘‘contract carriage’’

means—

(A) for transportation provided before January 1, 1996, 

service provided pursuant to a permit issued under section 

10923, as in effect on December 31, 1995; and 

(B) for transportation provided after December 31, 1995, 

service provided under an agreement entered into under 

section 14101(b). 

(5) CONTROL.—The term ‘‘control’’, when referring to a relationship between persons, includes actual control, legal control, 

and the power to exercise control, through or by—

(A) common directors, officers, stockholders, a voting 

trust, or a holding or investment company, or 

(B) any other means. 

(6) FOREIGN MOTOR CARRIER.—The term ‘‘foreign motor carrier’’ means a person (including a motor carrier of property but 

excluding a motor private carrier)—

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

or 


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(ii) that is owned or controlled by persons of a contiguous foreign country; and 

(B) in the case of a person that is not a motor carrier 

of property, that provides interstate transportation of property by commercial motor vehicle (as defined in section 

31132) 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)). 

(7) FOREIGN MOTOR PRIVATE CARRIER.—The term ‘‘foreign 

motor private carrier’’ means a person (including a motor private carrier but excluding a motor carrier of property)—

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

or 

(ii) that is owned or controlled by persons of a contiguous foreign country; and 

(B) in the case of a person that is not a motor private 

carrier, that provides interstate transportation of property 

by commercial motor vehicle (as defined in section 31132) 

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)). 

(8) FREIGHT FORWARDER.—The term ‘‘freight forwarder’’

means a person holding itself out to the general public (other 

than as a pipeline, rail, motor, or water carrier) to provide 

transportation of property for compensation and in the ordinary course of its business—

(A) assembles and consolidates, or provides for assembling and consolidating, shipments and performs or provides for break-bulk and distribution operations of the 

shipments; 

(B) assumes responsibility for the transportation from 

the place of receipt to the place of destination; and 

(C) uses for any part of the transportation a carrier subject to jurisdiction under this subtitle. 

The term does not include a person using transportation of an 

air carrier subject to part A of subtitle VII. 

(9) HIGHWAY.—The term ‘‘highway’’ means a road, highway, 

street, and way in a State. 

(10) HOUSEHOLD GOODS.—The term ‘‘household goods’’, as 

used in connection with transportation, means personal effects 

and property used or to be used in a dwelling, when a part of 

the equipment or supply of such dwelling, and similar property 

if the transportation of such effects or property is—

(A) arranged and paid for by the householder, except 

such term does not include property moving from a factory 

or store, other than property that the householder has purchased with the intent to use in his or her dwelling and 

is transported at the request of, and the transportation 

charges are paid to the carrier by, the householder; or 

(B) arranged and paid for by another party. 

(11) HOUSEHOLD GOODS FREIGHT FORWARDER.—The term 

‘‘household goods freight forwarder’’ means a freight forwarder 


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of one or more of the following items: household goods, unaccompanied baggage, or used automobiles. 

(12) HOUSEHOLD GOODS MOTOR CARRIER.—

(A) IN GENERAL.—The term ‘‘household goods motor carrier’’ means a motor carrier that, in the ordinary course of 

its business of providing transportation of household 

goods, offers some or all of the following additional services: 

(i) Binding and nonbinding estimates. 

(ii) Inventorying. 

(iii) Protective packing and unpacking of individual 

items at personal residences. 

(iv) Loading and unloading at personal residences. 

(B) INCLUSION.—The term includes any person that is 

considered to be a household goods motor carrier under 

regulations, determinations, and decisions of the Federal 

Motor Carrier Safety Administration that are in effect on 

the date of enactment of the Household Goods Mover Oversight Enforcement and Reform Act of 2005. 

(C) LIMITED SERVICE EXCLUSION.—The term does not include a motor carrier when the motor carrier provides 

transportation of household goods in containers or trailers 

that are entirely loaded and unloaded by an individual 

(other than an employee or agent of the motor carrier). 

(13) INDIVIDUAL SHIPPER.—The term ‘‘individual shipper’’

means any person who—

(A) is the shipper, consignor, or consignee of a household 

goods shipment; 

(B) is identified as the shipper, consignor, or consignee 

on the face of the bill of lading; 

(C) owns the goods being transported; and 

(D) pays his or her own tariff transportation charges. 

(14) MOTOR CARRIER.—The term ‘‘motor carrier’’ means a 

person providing commercial motor vehicle (as defined in section 31132) transportation for compensation. 

(15) MOTOR PRIVATE CARRIER.—The term ‘‘motor private carrier’’ means a person, other than a motor carrier, transporting 

property by commercial motor vehicle (as defined in section 

31132) when—

(A) the transportation is as provided in section 13501 of 

this title; 

(B) the person is the owner, lessee, or bailee of the property being transported; and 

(C) the property is being transported for sale, lease, rent, 

or bailment or to further a commercial enterprise. 

(16) MOTOR VEHICLE.—The term ‘‘motor vehicle’’ means a vehicle, machine, tractor, trailer, or semitrailer propelled or 

drawn by mechanical power and used on a highway in transportation, or a combination determined by the Secretary, but 

does not include a vehicle, locomotive, or car operated only on 

a rail, or a trolley bus operated by electric power from a fixed 

overhead wire, and providing local passenger transportation 

similar to street-railway service. 


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(17) NONCONTIGUOUS DOMESTIC TRADE.—The term ‘‘noncontiguous domestic trade’’ means transportation subject to jurisdiction under chapter 135 involving traffic originating in or 

destined to Alaska, Hawaii, or a territory or possession of the 

United States. 

(18) PERSON.—The term ‘‘person’’, in addition to its meaning 

under section 1 of title 1, includes a trustee, receiver, assignee, 

or personal representative of a person. 

(19) PRE-ARRANGED GROUND TRANSPORTATION SERVICE.—The 

term ‘‘pre-arranged ground transportation service’’ means 

transportation for a passenger (or a group of passengers) that 

is arranged in advance (or is operated on a regular route or between specified points) and is provided in a motor vehicle with 

a seating capacity not exceeding 15 passengers (including the 

driver). 

(20) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of Transportation. 

(21) STATE.—The term ‘‘State’’ means the 50 States of the 

United States and the District of Columbia. 

(22) TAXICAB SERVICE.—The term ‘‘taxicab service’’ means 

passenger transportation in a motor vehicle having a capacity 

of not more than 8 passengers (including the driver), not operated on a regular route or between specified places, and that—

(A) is licensed as a taxicab by a State or a local jurisdiction; or 

(B) is offered by a person that—

(i) provides local transportation for a fare determined (except with respect to transportation to or 

from airports) primarily on the basis of the distance 

traveled; and 

(ii) does not primarily provide transportation to or 

from airports. 

(23) TRANSPORTATION.—The term ‘‘transportation’’ includes—

(A) a motor vehicle, vessel, warehouse, wharf, pier, dock, 

yard, property, facility, instrumentality, or equipment of 

any kind related to the movement of passengers or property, or both, regardless of ownership or an agreement concerning use; and 

(B) services related to that movement, including arranging for, receipt, delivery, elevation, transfer in transit, refrigeration, icing, ventilation, storage, handling, packing, 

unpacking, and interchange of passengers and property. 

(24) UNITED STATES.—The term ‘‘United States’’ means the 

States of the United States and the District of Columbia. 

(25) VESSEL.—The term ‘‘vessel’’ means a watercraft or other 

artificial contrivance that is used, is capable of being used, or 

is intended to be used, as a means of transportation by water. 

(26) WATER CARRIER.—The term ‘‘water carrier’’ means a person providing water transportation for compensation. 

(27) OVER-THE-ROAD BUS.—The term ‘‘over-the-road bus’’

means a bus characterized by an elevated passenger deck located over a baggage compartment. 


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CHAPTER 139. REGISTRATION

§ 13902. Registration of motor carriers 

(a) MOTOR CARRIER GENERALLY.— (1) IN GENERAL.—Except as provided in this section, the Secretary shall register a person to provide transportation subject 

to jurisdiction under subchapter I of chapter 135 of this title 

as a motor carrier if the Secretary finds that the person is willing and able to comply with— (A) this part and the applicable regulations of the Secretary and the Board; 

(B)(i) any safety regulations imposed by the Secretary; 

(ii) the duties of employers and employees established by 

the Secretary under section 31135; and 

(iii) the safety fitness requirements established by the 

Secretary under section 31144; øand¿ 

(C) the accessibility requirements established by the Secretary under subpart H of part 37 of title 49, Code of Federal Regulations, or such successor regulations to those accessibility requirements as the Secretary may issue, for 

transportation provided by an over-the-road bus; and 

ø(C)¿ (D) the minimum financial responsibility requirements established by the Secretary pursuant to sections 

13906 and 31138. 

(2) ADDITIONAL REGISTRATION REQUIREMENTS FOR HOUSE- HOLD GOODS MOTOR CARRIERS.—In addition to meeting the requirements of paragraph (1), the Secretary may register a person to provide transportation of household goods as a household goods motor carrier only after that person— (A) provides evidence of participation in an arbitration 

program and provides a copy of the notice of the arbitration program as required by section 14708(b)(2); 

(B) identifies its tariff and provides a copy of the notice 

of the availability of that tariff for inspection as required 

by section 13702(c); 

(C) provides evidence that it has access to, has read, is 

familiar with, and will observe all applicable Federal laws 

relating to consumer protection, estimating, consumers’

rights and responsibilities, and options for limitations of liability for loss and damage; and 

(D) discloses any relationship involving common stock, 

common ownership, common management, or common familial relationships between that person and any other 

motor carrier, freight forwarder, or broker of household 

goods within 3 years of the proposed date of registration. 

(3) CONSIDERATION OF EVIDENCE; FINDINGS.—The Secretary 

shall consider, and to the extent applicable, make findings on 

any evidence demonstrating that the registrant is unable to 

comply with any applicable requirement of paragraph (1) or, in 

the case of a registrant to which paragraph (2) applies, paragraph (1) or (2). 

(4) WITHHOLDING.—If the Secretary determines that a registrant under this section does not meet, or is not able to meet, 

any requirement of paragraph (1) or, in the case of a registrant 


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14 

to which paragraph (2) applies, paragraph (1) or (2), the Secretary shall withhold registration. 

(5) LIMITATION ON COMPLAINTS.—The Secretary may hear a 

complaint from any person concerning a registration under this 

subsection only on the ground that the registrant fails or will 

fail to comply with this part, the applicable regulations of the 

Secretary and the Board (including the accessibility requirements established by the Secretary under subpart H of part 37 

of title 49, Code of Federal Regulations, or such successor regulations to those accessibility requirements as the Secretary may 

issue, for transportation provided by an over-the-road bus), the 

safety regulations of the Secretary, or the safety fitness or minimum financial responsibility requirements of paragraph (1) of 

this subsection. In the case of a registration for the transportation of household goods as a household goods motor carrier, 

the Secretary may also hear a complaint on the ground that 

the registrant fails or will fail to comply with the requirements 

of paragraph (2) of this subsection. 

(b) MOTOR CARRIERS OF PASSENGERS.—

(1) REGISTRATION OF PRIVATE RECIPIENTS OF GOVERNMENTAL

ASSISTANCE.—The Secretary shall register under subsection 

(a)(1) a private recipient of governmental assistance to provide 

special or charter transportation subject to jurisdiction under 

subchapter I of chapter 135 as a motor carrier of passengers 

if the Secretary finds that the recipient meets the requirements of subsection (a)(1), unless the Secretary finds, on the 

basis of evidence presented by any person objecting to the registration, that the transportation to be provided pursuant to 

the registration is not in the public interest. 

(2) REGISTRATION OF PUBLIC RECIPIENTS OF GOVERNMENTAL

ASSISTANCE.— (A) CHARTER TRANSPORTATION.—The Secretary shall register under subsection (a)(1) a public recipient of governmental assistance to provide special or charter transportation subject to jurisdiction under subchapter I of chapter 

135 as a motor carrier of passengers if the Secretary finds 

that—(i) the recipient meets the requirements of subsection (a)(1); and 

(ii)(I) no motor carrier of passengers (other than a 

motor carrier of passengers which is a public recipient 

of governmental assistance) is providing, or is willing 

to provide, the transportation; or 

(II) the transportation is to be provided entirely in 

the area in which the public recipient provides regularly scheduled mass transportation services. 

(B) REGULAR-ROUTE TRANSPORTATION.—The Secretary 

shall register under subsection (a)(1) a public recipient of 

governmental assistance to provide regular-route transportation subject to jurisdiction under subchapter I of chapter 

135 as a motor carrier of passengers if the Secretary finds 

that the recipient meets the requirements of subsection 

(a)(1), unless the Secretary finds, on the basis of evidence 

presented by any person objecting to the registration, that 


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15 

the transportation to be provided pursuant to the registration is not in the public interest. 

(C) TREATMENT OF CERTAIN PUBLIC RECIPIENTS.—Any 

public recipient of governmental assistance which is providing or seeking to provide transportation of passengers 

subject to jurisdiction under subchapter I of chapter 135 

shall, for purposes of this part, be treated as a person 

which is providing or seeking to provide transportation of 

passengers subject to such jurisdiction. 

(3) INTRASTATE TRANSPORTATION BY INTERSTATE CARRIERS.—

A motor carrier of passengers that is registered by the Secretary under subsection (a) is authorized to provide regularroute transportation entirely in one State as a motor carrier of 

passengers if such intrastate transportation is to be provided 

on a route over which the carrier provides interstate transportation of passengers. 

(4) PREEMPTION OF STATE REGULATION REGARDING CERTAIN

SERVICE.—No State or political subdivision thereof and no 

interstate agency or other political agency of 2 or more States 

shall enact or enforce any law, rule, regulation, standard or 

other provision having the force and effect of law relating to 

the provision of pickup and delivery of express packages, newspapers, or mail in a commercial zone if the shipment has had 

or will have a prior or subsequent movement by bus in intrastate commerce and, if a city within the commercial zone, is 

served by a motor carrier of passengers providing regular-route 

transportation of passengers subject to jurisdiction under subchapter I of chapter 135. 

(5) JURISDICTION OVER CERTAIN INTRASTATE TRANSPORTATION.—Subject to section 14501(a), any intrastate transportation authorized by this subsection shall be treated as transportation subject to jurisdiction under subchapter I of chapter 

135 until such time as the carrier takes such action as is necessary to establish under the laws of such State rates, rules, 

and practices applicable to such transportation, but in no case 

later than the 30th day following the date on which the motor 

carrier of passengers first begins providing transportation entirely in one State under this paragraph. 

(6) SPECIAL OPERATIONS.—This subsection shall not apply to 

any regular-route transportation of passengers provided entirely in one State which is in the nature of a special operation. 

(7) SUSPENSION OR REVOCATION.—Intrastate transportation 

authorized under this subsection may be suspended or revoked 

by the Secretary under section 13905 of this title at any time. 

(8) DEFINITIONS.—In this subsection, the following definitions apply: 

(A) PUBLIC RECIPIENT OF GOVERNMENTAL ASSISTANCE.—

The term ‘‘public recipient of governmental assistance’’

means—

(i) any State, 

(ii) any municipality or other political subdivision of 

a State, 


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(iii) any public agency or instrumentality of one or 

more States and municipalities and political subdivisions of a State, 

(iv) any Indian tribe, and 

(v) any corporation, board, or other person owned or 

controlled by any entity described in clause (i), (ii), 

(iii), or (iv), which before, on, or after January 1, 1996, 

received governmental assistance for the purchase or 

operation of any bus. 

(B) PRIVATE RECIPIENT OF GOVERNMENT ASSISTANCE.— The term ‘‘private recipient of government assistance’’ means any person (other than a person described in subparagraph (A)) who before, on, or after January 1, 1996, 

received governmental financial assistance in the form of 

a subsidy for the purchase, lease, or operation of any bus. 

(c) RESTRICTIONS ON MOTOR CARRIERS DOMICILED IN OR OWNED

OR CONTROLLED BY NATIONALS OF A CONTIGUOUS FOREIGN COUN- TRY.—(1) PREVENTION OF DISCRIMINATORY PRACTICES.—If the President, or the delegate thereof, determines that an act, policy, or 

practice of a foreign country contiguous to the United States, 

or any political subdivision or any instrumentality of any such 

country is unreasonable or discriminatory and burdens or restricts United States transportation companies providing, or 

seeking to provide, motor carrier transportation to, from, or 

within such foreign country, the President or such delegate 

may—

(A) seek elimination of such practices through consultations; or 

(B) notwithstanding any other provision of law, suspend, 

modify, amend, condition, or restrict operations, including 

geographical restriction of operations, in the United States 

by motor carriers of property or passengers domiciled in 

such foreign country or owned or controlled by persons of 

such foreign country. 

(2) EQUALIZATION OF TREATMENT.—Any action taken under 

paragraph (1)(A) to eliminate an act, policy, or practice shall 

be so devised so as to equal to the extent possible the burdens 

or restrictions imposed by such foreign country on United 

States transportation companies. 

(3) REMOVAL OR MODIFICATION.—The President, or the delegate thereof, may remove or modify in whole or in part any action taken under paragraph (1)(A) if the President or such delegate determines that such removal or modification is consistent with the obligations of the United States under a trade 

agreement or with United States transportation policy. 

(4) PROTECTION OF EXISTING OPERATIONS.—Unless and until 

the President, or the delegate thereof, makes a determination 

under paragraph (1) or (3), nothing in this subsection shall affect— (A) operations of motor carriers of property or passengers domiciled in any contiguous foreign country or 

owned or controlled by persons of any contiguous foreign 

country permitted in the commercial zones along the 


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United States-Mexico border as such zones were defined on 

December 31, 1995; or 

(B) any existing restrictions on operations of motor carriers of property or passengers domiciled in any contiguous 

foreign country or owned or controlled by persons of any 

contiguous foreign country or any modifications thereof 

pursuant to section 6 of the Bus Regulatory Reform Act of 

1982. 

(5) PUBLICATION; COMMENT.—Unless the President, or the 

delegate thereof, determines that expeditious action is required, the President shall publish in the Federal Register any 

determination under paragraph (1) or (3), together with a description of the facts on which such a determination is based 

and any proposed action to be taken pursuant to paragraph 

(1)(B) or (3), and provide an opportunity for public comment. 

(6) DELEGATION TO SECRETARY.—The President may delegate 

any or all authority under this subsection to the Secretary, 

who shall consult with other agencies as appropriate. In accordance with the directions of the President, the Secretary 

may issue regulations to enforce this subsection. 

(7) CIVIL ACTIONS.—Either the Secretary or the Attorney 

General may bring a civil action in an appropriate district 

court of the United States to enforce this subsection or a regulation prescribed or order issued under this subsection. The 

court may award appropriate relief, including injunctive relief. 

(8) LIMITATION ON STATUTORY CONSTRUCTION.—This subsection shall not be construed as affecting the requirement for 

all foreign motor carriers and foreign motor private carriers operating in the United States to comply with all applicable laws 

and regulations pertaining to fitness, safety of operations, financial responsibility, and taxes imposed by section 4481 of 

the Internal Revenue Code of 1986. 

(d) TRANSITION RULE.— (1) IN GENERAL.—Pending the implementation of the rulemaking required by section 13908, the Secretary may register 

a person under this section—

(A) as a motor common carrier if such person would 

have been issued a certificate to provide transportation as 

a motor common carrier under this subtitle on December 

31, 1995; and 

(B) as a motor contract carrier if such person would have 

been issued a permit to provide transportation as a motor 

contract carrier under this subtitle on such day. 

(2) DEFINITIONS.—In this subsection, the terms ‘‘motor common carrier’’ and ‘‘motor contract carrier’’ have the meaning 

such terms had under section 10102 as such section was in effect on December 31, 1995. 

(3) TERMINATION.—This subsection shall cease to be in effect 

on the transition termination date. 

(e) PENALTIES FOR FAILURE TO COMPLY WITH REGISTRATION RE- QUIREMENTS.—In addition to other penalties available under law, 

motor carriers that fail to register their operations as required by 

this section or that operate beyond the scope of their registrations 

may be subject to the following penalties: 


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(1) OUT-OF-SERVICE ORDERS.—If, upon inspection or investigation, the Secretary determines that a motor vehicle providing transportation requiring registration under this section 

is operating without a registration or beyond the scope of its 

registration, the Secretary may order the vehicle out-of-service. 

Subsequent to the issuance of the out-of-service order, the Secretary shall provide an opportunity for review in accordance 

with section 554 of title 5, United States Code; except that 

such review shall occur not later than 10 days after issuance 

of such order. 

(2) PERMISSION FOR OPERATIONS.—A person domiciled in a 

country contiguous to the United States with respect to which 

an action under subsection (c)(1)(A) or (c)(1)(B) is in effect and 

providing transportation for which registration is required 

under this section shall maintain evidence of such registration 

in the motor vehicle when the person is providing the transportation. The Secretary shall not permit the operation in interstate commerce in the United States of any motor vehicle in 

which there is not a copy of the registration issued pursuant 

to this section. 

(f) MODIFICATION OF CARRIER REGISTRATION.— (1) IN GENERAL.—On and after the transition termination 

date, the Secretary— (A) may not register a motor carrier under this section 

as a motor common carrier or a motor contract carrier; 

(B) shall register applicants under this section as motor 

carriers; and 

(C) shall issue any motor carrier registered under this 

section after that date a motor carrier certificate of registration that specifies whether the holder of the certificate 

may provide transportation of persons, household goods, 

other property, or any combination thereof. 

(2) PRE-EXISTING CERTIFICATES AND PERMITS.—The Secretary 

shall redesignate any motor carrier certificate or permit issued 

before the transition termination date as a motor carrier certificate of registration. On and after the transition termination 

date, any person holding a motor carrier certificate of registration redesignated under this paragraph may provide both contract carriage (as defined in section 13102(4)(B)) and transportation under terms and conditions meeting the requirements of 

section 13710(a)(1). The Secretary may not, pursuant to any 

regulation or form issued before or after the transition termination date, make any distinction among holders of motor carrier certificates of registration on the basis of whether the 

holder would have been classified as a common carrier or as 

a contract carrier under— (A) subsection (d) of this section, as that section was in 

effect before the transition termination date; or 

(B) any other provision of this title that was in effect before the transition termination date. 

(3) TRANSITION TERMINATION DATE DEFINED.—In this section, 

the term ‘‘transition termination date’’ means the first day of 

January occurring more than 12 months after the date of enactment of the Unified Carrier Registration Act of 2005. 


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(g) MOTOR CARRIER DEFINED.—In this section and sections 13905 

and 13906, the term ‘‘motor carrier’’ includes foreign motor private 

carriers. 

* * * * * * * 

§ 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) PERSON REGISTERED WITH SECRETARY.— (1) IN GENERAL.—Except as provided in paragraph (2), any 

person having registered with the Secretary to provide transportation or service as a motor carrier or motor private carrier 

under this title, as in effect on January 1, 2005, but not having 

registered pursuant to section 13902(a), shall be treated, for 

purposes of this part, to be registered to provide such transportation or service for purposes of sections 13908 and 14504a. 

(2) EXCLUSIVELY INTRASTATE OPERATORS.—Paragraph (1) 

does not apply to a motor carrier or motor private carrier (including a transporter of waste or recyclable materials) engaged 

exclusively in intrastate transportation operations. 

(c) 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. 

(d) 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 (including the accessibility requirements established by the Secretary under subpart H of part 37 of title 49, 

Code of Federal Regulations, or such successor regulations to 

those accessibility requirements as the Secretary may issue, for 

transportation provided by an over-the-road bus), 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 


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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). 

(e) 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. 

(f) EXPEDITED PROCEDURE.—

(1) PROTECTION OF SAFETY.—Notwithstanding subchapter II 

of chapter 5 of title 5, the Secretary—

(A) may suspend the registration of a motor carrier, a 

freight forwarder, or a broker for failure to comply with requirements of the Secretary pursuant to section 13904(c) 

or 13906 or an order or regulation of the Secretary prescribed under those sections; and 

(B) shall revoke the registration of a motor carrier that 

has been prohibited from operating in interstate commerce 

for failure to comply with the safety fitness requirements 

of section 31144. 

(2) Imminent hazard to public health.—Without regard to 

subchapter II of chapter 5 of title 5, the Secretary shall revoke 

the 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 or revoke under this subsection the registration only after 

giving notice of the suspension or revocation to the registrant. 

A suspension remains in effect until the registrant complies 

with the applicable sections or, in the case of a suspension 

under paragraph (2), until the Secretary revokes the suspension. 

Æ 


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