Title 49 — TransportationRelease 119-73
§13905 Effective periods of registration
Title 49 › Subtitle SUBTITLE IV— - INTERSTATE TRANSPORTATION › Part PART B— - MOTOR CARRIERS, WATER CARRIERS, BROKERS, AND FREIGHT FORWARDERS › Chapter CHAPTER 139— - REGISTRATION › § 13905
Summary
People who were registered to operate as motor carriers, freight forwarders, or brokers on certain past dates are treated as already registered now. Anyone who had authority to provide those services under the rules in effect on December 31, 1995 is considered registered under the current rules. Also, people who had registered with the Secretary as a motor carrier or motor private carrier under the rules in effect on January 1, 2005 (but not under section 13902(a)) are treated as registered for the purposes of sections 13908 and 14504a, except for carriers that operate only inside one State (including waste or recyclable material haulers). Registrations issued under sections 13902, 13903, or 13904 start on the date the Secretary sets and last for the time the Secretary’s rules say. The Secretary must require freight forwarders and brokers to renew their registrations no later than 4 years after the Commercial Motor Vehicle Safety Enhancement Act of 2012 took effect. Each renewal must expire no later than 5 years after it is issued and can be renewed again under the chapter. The Secretary can amend or cancel a registration if the registrant asks. The Secretary can also suspend, change, or cancel registrations after giving notice and a chance to be heard if a registrant willfully breaks the rules, fails to follow an order or a registration condition, fails to pay a civil penalty or set up an acceptable payment plan within 90 days of the payment date in an order, or disobeys a subpoena. The Secretary may act if an applicant hid important facts or failed to disclose ties to other noncompliant carriers. The rule about unpaid penalties does not apply to someone who is a debtor in a case under chapter 11 of title 11. Within 12 months after this paragraph was enacted, the Secretary must write rules about suspending or canceling registrations for unpaid penalties. Except when the registrant asks or hid a material fact, the Secretary may revoke a registration only after issuing an order under section 14701 and the registrant willfully ignores it for 30 days. For serious safety or fitness problems, the Secretary must or may suspend or revoke registrations more quickly, and must follow orders under the US—Mexico—Canada Agreement to limit Mexican carriers’ operations beyond border areas.
Full Legal Text
Title 49, §13905
Transportation — Source: USLM XML via OLRC
(a)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)(1)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 section 13908 and 14504a.
(2)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)(1)Except as otherwise provided in this part, each registration issued under section 13902, 13903, or 13904—
(A)shall be effective beginning on the date specified by the Secretary; and
(B)shall remain in effect for such period as the Secretary determines appropriate by regulation.
(2)(A)Not later than 4 years after the date of enactment of the Commercial Motor Vehicle Safety Enhancement Act of 2012, the Secretary shall require a freight forwarder or broker to renew its registration issued under this chapter.
(B)Each registration renewal under subparagraph (A)—
(i)shall expire not later than 5 years after the date of such renewal; and
(ii)may be further renewed as provided under this chapter.
(d)(1)On application of the registrant, the Secretary may amend or revoke a registration.
(2)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, foreign motor carrier, foreign motor private carrier, broker, or freight forwarder for willful failure to comply with—
(i)this part;
(ii)an applicable regulation or order of the Secretary or the Board, including the accessibility requirements established by the Secretary under subpart H of part 37 of title 49, Code of Federal Regulations (or successor regulations), for transportation provided by an over-the-road bus; or
(iii)a condition of its registration;
(B)withhold, suspend, amend, or revoke any part of the registration of a motor carrier, foreign motor carrier, foreign motor private carrier, broker, or freight forwarder for failure—
(i)to pay a civil penalty imposed under chapter 5, 51, 149, or 311;
(ii)to arrange and abide by an acceptable payment plan for such civil penalty, not later than 90 days after the date specified by order of the Secretary for the payment of such penalty; or
(iii)for failure 11 So in original. The words “for failure” probably should not appear. to obey a subpoena issued by the Secretary;
(C)withhold, suspend, amend, or revoke any part of a registration of a motor carrier, foreign motor carrier, foreign motor private carrier, broker, or freight forwarder following a determination by the Secretary that the motor carrier, broker, or freight forwarder failed to disclose, in its application for registration, a material fact relevant to its willingness and ability to comply with—
(i)this part;
(ii)an applicable regulation or order of the Secretary or the Board; or
(iii)a condition of its registration; or
(D)withhold, suspend, amend, or revoke any part of a registration of a motor carrier, foreign motor carrier, foreign motor private carrier, broker, or freight forwarder if the Secretary finds that the motor carrier, broker, or freight forwarder does not disclose any relationship through common ownership, common management, common control, or common familial relationship to any other motor carrier, broker, or freight forwarder, or any other applicant for motor carrier, broker, or freight forwarder registration that the Secretary determines is or was unwilling or unable to comply with the relevant requirements listed in section 13902, 13903, or 13904.
(3)Paragraph (2)(B) shall not apply to a person who is unable to pay a civil penalty because the person is a debtor in a case under chapter 11 of title 11.
(4)Not later than 12 months after the date of the enactment of this paragraph, the Secretary, after notice 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 (2)(B).
(e)Except on application of the registrant, or if the Secretary determines that the registrant failed to disclose a material fact in an application for registration in accordance with subsection (d)(2)(C), 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)(1)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(e) 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)Notwithstanding subchapter II of chapter 5 of title 5, the Secretary shall revoke the registration of a motor carrier if the Secretary finds that the carrier is or was conducting unsafe operations that are or were an imminent hazard to public health or property.
(3)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.
(g)Notwithstanding any other provision of this section, upon an order in accordance with section 324(a) of the United States-Mexico-Canada Agreement Implementation Act, the Secretary shall carry out the relief specified by revoking or imposing limitations on existing registrations of Mexico-domiciled motor carriers of cargo to operate beyond the municipalities along the United States-Mexico international border and the commercial zones of those municipalities as directed.
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
Pub. L. 104–287This amends 49:13905(a) for clarity and consistency. Pub. L. 105–102This amends 49:13905(e)(1) to correct a grammatical error.
Editorial Notes
References in Text
The date of enactment of the Commercial Motor Vehicle Safety Enhancement Act of 2012, referred to in subsec. (c)(2)(A), is the date of enactment of title II of div. C of Pub. L. 112–141, which was approved July 6, 2012. The date of the enactment of this paragraph, referred to in subsec. (d)(4), is the date of enactment of Pub. L. 106–159, which was approved Dec. 9, 1999. section 324(a) of the United States-Mexico-Canada Agreement Implementation Act, referred to in subsec. (g), is classified to section 4574(a) of Title 19, Customs Duties.
Amendments
2020—Subsec. (g). Pub. L. 116–113 added subsec. (g). 2015—Subsec. (d)(2)(D). Pub. L. 114–94 substituted “the Secretary finds that” for “the Secretary finds that—”, struck out cl. (i) designation before “the motor carrier,”, and inserted period at end. 2012—Subsec. (c). Pub. L. 112–141, § 32917, amended subsec. (c) generally. Prior to amendment, text read as follows: “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.” Subsec. (d)(1). Pub. L. 112–141, § 32103(a)(1)(B), added par. (1) and struck out former par. (1) which authorized the Secretary to amend or revoke a registration upon application, or suspend, amend or revoke a registration upon complaint or the Secretary’s own initiative after notice and opportunity for a proceeding. Subsec. (d)(2). Pub. L. 112–141, § 32205, inserted “foreign motor carrier, foreign motor private carrier,” after “registration of a motor carrier,” wherever appearing. Pub. L. 112–141, § 32103(a)(1)(B), added par. (2). Former par. (2) redesignated (4). Subsec. (d)(3). Pub. L. 112–141, § 32103(a)(1)(B), added par. (3). Subsec. (d)(4). Pub. L. 112–141, § 32103(a)(1)(C), substituted “paragraph (2)(B)” for “paragraph (1)(B)”. Pub. L. 112–141, § 32103(a)(1)(A), redesignated par. (2) as (4). Subsec. (e). Pub. L. 112–141, § 32103(a)(2), inserted “or if the Secretary determines that the registrant failed to disclose a material fact in an application for registration in accordance with subsection (d)(2)(C),” after “registrant,”. Subsec. (f)(1)(A). Pub. L. 112–141, § 32933(a), substituted “section 13904(e)” for “section 13904(c)”. Subsec. (f)(2). Pub. L. 112–141, § 32109, amended par. (2) generally. Prior to amendment, text read as follows: “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.” 2008—Subsec. (d)(1)(A). Pub. L. 110–291 inserted “(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)” after “Board”. 2005—Subsecs. (b) to (d). Pub. L. 109–59, § 4303(a), added subsec. (b) and redesignated former subsecs. (b) and (c) as (c) and (d), respectively. Former subsec. (d) redesignated (e). Subsec. (e). Pub. L. 109–59, § 4303(a)(1), redesignated subsec. (d) as (e). Former subsec. (e) redesignated (f). Subsec. (e)(1). Pub. L. 109–59, § 4104(1), added par. (1) and struck out heading and text of former par. (1). Text read as follows: “Without regard to subchapter II of chapter 5 of title 5, the Secretary may suspend the registration of a motor carrier, a freight forwarder, or a broker for failure to comply with safety requirements of the Secretary or the safety fitness requirements pursuant to section 13904(c), 13906, or 31144 of this title, or an order or regulation of the Secretary prescribed under those sections.” Subsec. (e)(2). Pub. L. 109–59, § 4104(2), substituted “shall revoke the registration” for “may suspend a registration”. Subsec. (e)(3). Pub. L. 109–59, § 4104(3), added par. (3) and struck out heading and text of former par. (3). Text read as follows: “The Secretary may suspend under this subsection the registration only after giving notice of the suspension to the registrant. The suspension remains in effect until the registrant complies with those applicable sections or, in the case of a suspension under paragraph (2), until the Secretary revokes such suspension.” Subsec. (f). Pub. L. 109–59, § 4303(a)(1), redesignated subsec. (e) as (f). 1999—Subsec. (c). Pub. L. 106–159 inserted par. (1) designation and heading, inserted “(A)” before “suspend”, added cl. (B), realigned par. (1) margins, and added par. (2). 1997—Subsec. (e)(1). Pub. L. 105–102 struck out comma after “31144”. 1996—Subsec. (a). Pub. L. 104–287 substituted “December 31, 1995” for “the day before the
Effective Date
of this section”.
Statutory Notes and Related Subsidiaries
Effective Date
of 2015 AmendmentAmendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.
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. Relationship to Other LawsExcept as provided in section 14504, 14504a, and 14506 of this title, subtitle C (§§ 4301–4308) of title IV of Pub. L. 109–59 is not intended to prohibit any State or any political subdivision of any State from enacting, imposing, or enforcing any law or regulation with respect to a motor carrier, motor private carrier, broker, freight forwarder, or leasing company that is not otherwise prohibited by law, see section 4302 of Pub. L. 109–59, set out as a note under section 13902 of this title.
Reference
Citations & Metadata
Citation
49 U.S.C. § 13905
Title 49 — Transportation
Last Updated
Apr 6, 2026
Release point: 119-73