management, or common familial relationship to any 
other motor carrier of passengers within 3 years of 
the filing of the application for registration. If fol-
lowing this review it is determined that the applicant 
has failed to disclose such relationships with other 
such carriers, the Secretary may withhold the reg-
istration.’’. 
SEC. 107. EFFECTIVE PERIODS OF REGISTRATION. 
Section 13905 of title 49, United States Code, is 
amended— 
(1) by striking subsection (d)(1) and inserting 
the following: 
‘‘(1) IN GENERAL.—On application of the reg-
istrant, the Secretary may amend or revoke a reg-
istration. 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 suc-
VerDate Nov 24 2008 
21:51 Feb 24, 2009
Jkt 079200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H1135.IH
H1135
rwilkins on PROD1PC63 with BILLS
cessor regulations to those accessibility require-
ments as the Secretary may issue, for transpor-
tation provided by an over-the-road bus), or a 
condition of its registration; 
‘‘(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; and 
‘‘(C) deny, suspend, amend, or revoke any 
part of a registration of a motor carrier of pas-
sengers for failure to disclose in its application 
for registration a material fact relevant to its 
willingness and ability to comply with this part, 
an applicable regulation or order of the Sec-
retary or of the Board, or a condition of its reg-
istration. 
Subparagraph (B) shall not apply to any person who 
is unable to pay a civil penalty because such person 
VerDate Nov 24 2008 
21:51 Feb 24, 2009
Jkt 079200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H1135.IH
H1135
rwilkins on PROD1PC63 with BILLS
is a debtor in a case under chapter 11 of title 11.’’; 
and 
(2) in subsection (e) by inserting ‘‘or if the Sec-
retary determines that the registrant has failed to 
disclose a material fact in its application for reg-
istration in accordance with subsection (d)(1)(C),’’ 
after ‘‘registrant,’’. 
SEC. 108. DUTIES OF EMPLOYERS AND EMPLOYEES. 
Section 31135 of title 49, United States Code, is 
amended— 
(1) by redesignating subsection (d) as sub-
section (e); and 
(2) by inserting after subsection (c) the fol-
lowing: 
‘‘(d) MOTOR CARRIERS
OF PASSENGERS.—If the 
Secretary finds that common ownership, common manage-
ment, or common familial relationship between 2 or more 
motor carriers of passengers is being used to enable any 
or all such motor carriers of passengers to avoid compli-
ance, or mask or otherwise conceal noncompliance, with 
regulations on commercial motor vehicle safety prescribed 
under this subchapter, or an order of the Secretary issued 
under authority of such regulations, the Secretary may 
deny, suspend, amend, or revoke all or part of any such 
motor carrier’s registration under section 13905.’’. 
VerDate Nov 24 2008 
21:51 Feb 24, 2009
Jkt 079200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H1135.IH
H1135
rwilkins on PROD1PC63 with BILLS