Title 49TransportationRelease 119-73

§13904 Registration of brokers

Title 49 › Subtitle SUBTITLE IV— - INTERSTATE TRANSPORTATION › Part PART B— - MOTOR CARRIERS, WATER CARRIERS, BROKERS, AND FREIGHT FORWARDERS › Chapter CHAPTER 139— - REGISTRATION › § 13904

Last updated Apr 6, 2026|Official source

Summary

The Secretary must register a person as a broker for transporting goods under subchapter I of chapter 135, subject to section 13906(b). To register, the person must have enough experience and must be able and willing to follow the rules. The registration stays valid only while the broker complies with section 13906(b). Each broker must have an officer with at least 3 years of relevant experience or who can prove they know the rules and industry practices. A broker cannot act as a motor carrier unless the broker separately registers as a motor carrier under this chapter, except when a registered motor carrier (or its employee or agent) is providing the transportation entirely, possibly with other registered motor carriers or with rail or water carriers. The Secretary’s rules must protect motor carriers and shippers by motor vehicle. The Secretary may require bonds or insurance for brokers working with passenger motor carriers. Brokers must update their registration within 30 days after changes in address, contact information, officers, process agent, or other essential information the Secretary identifies.

Full Legal Text

Title 49, §13904

Transportation — Source: USLM XML via OLRC

(a)The Secretary shall register, subject to section 13906(b), a person to be a broker for transportation of property subject to jurisdiction under subchapter I of chapter 135, if the Secretary determines that the person—
(1)has sufficient experience to qualify the person to act as a broker for transportation; and
(2)is fit, willing, and able to be a broker for transportation and to comply with this part and applicable regulations of the Secretary.
(b)A registration issued under subsection (a) shall only remain in effect while the broker for transportation is in compliance with section 13906(b).
(c)Each broker shall employ, as an officer, an individual who—
(1)has at least 3 years of relevant experience; or
(2)provides the Secretary with satisfactory evidence of the individual’s knowledge of related rules, regulations, and industry practices.
(d)(1)A broker for transportation may not provide transportation as a motor carrier unless the broker has registered separately under this chapter to provide transportation as a motor carrier.
(2)This subsection does not apply to a motor carrier registered under this chapter or to an employee or agent of the motor carrier to the extent the transportation is to be provided entirely by the motor carrier, with other registered motor carriers, or with rail or water carriers.
(e)Regulations of the Secretary applicable to brokers registered under this section shall provide for the protection of motor carriers and shippers by motor vehicle.
(f)The Secretary may impose on brokers for motor carriers of passengers such requirements for bonds or insurance or both as the Secretary determines are needed to protect passengers and carriers dealing with such brokers.
(g)The Secretary shall require a broker to update its registration under this section not later than 30 days after a change in the broker’s address, other contact information, officers, process agent, or other essential information, as determined by the Secretary.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2012—Subsec. (a). Pub. L. 112–141, § 32916(b)(1), substituted “determines that the person—” for “finds that the person is fit”, added par. (1), and inserted par. (2) designation and “is fit” before “, willing”. Subsecs. (b), (c). Pub. L. 112–141, § 32916(b)(3), added subsecs. (b) and (c). Former subsecs. (b) and (c) redesignated (d) and (e), respectively. Subsec. (d). Pub. L. 112–141, § 32916(b)(4), amended subsec. (d) generally. Prior to amendment, text read as follows: “(1) In general.—The broker may provide the transportation itself only if the broker also has been registered to provide the transportation as a motor carrier under this chapter. “(2) Limitation.—This subsection does not apply to a motor carrier registered under this chapter or to an employee or agent of the motor carrier to the extent the transportation is to be provided entirely by the motor carrier, with other registered motor carriers, or with rail or water carriers.” Pub. L. 112–141, § 32916(b)(2), redesignated subsec. (b) as (d). Former subsec. (d) redesignated (f). Subsec. (e). Pub. L. 112–141, § 32916(b)(5), amended subsec. (e) generally. Prior to amendment, text read as follows: “

Regulations

of the Secretary applicable to brokers registered under this section shall provide for the protection of shippers by motor vehicle.” Pub. L. 112–141, § 32916(b)(2), redesignated subsec. (c) as (e). Former subsec. (e) redesignated (g). Pub. L. 112–141, § 32107(c), added subsec. (e). Subsecs. (f), (g). Pub. L. 112–141, § 32916(b)(2), redesignated subsecs. (d) and (e) as (f) and (g), respectively. 2008—Subsec. (a). Pub. L. 110–244 amended subsec. (a) generally. Prior to amendment, text read as follows: “(1) Household Goods.—The Secretary shall register, subject to section 13906(b), a person to be a broker of household goods for transportation of property subject to jurisdiction under subchapter I of chapter 135, if the Secretary finds that the person is fit, willing, and able to be a broker of household goods for transportation and to comply with this part and applicable

Regulations

of the Secretary. “(2) Others.—The Secretary may register a person to provide service subject to jurisdiction under subchapter III of chapter 135 as a broker (other than a broker of household goods) if the Secretary finds that such registration is needed for the protection of shippers and that the person is fit, willing, and able to provide the service and to comply with this part and applicable

Regulations

of the Secretary and Board.” 2005—Subsec. (a). Pub. L. 109–59, § 4142(c)(1), (3), designated existing provisions as par. (1), inserted heading, and added par. (2). Subsec. (a)(1). Pub. L. 109–59, § 4142(c)(2), which directed amendment of par. (1) by inserting “of household goods” after “broker”, was executed by making the insertion in two places to reflect the probable intent of Congress.

Statutory Notes and Related Subsidiaries

Effective Date

of 2012 AmendmentAmendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.

Effective Date

Section effective Jan. 1, 1996, except as otherwise provided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 1301 of this title.

Reference

Citations & Metadata

Citation

49 U.S.C. § 13904

Title 49Transportation

Last Updated

Apr 6, 2026

Release point: 119-73