§31134 — Title 49 Transportation | U.S. Code

Summary

Employers and other people who are under the federal safety rules must apply to the Secretary to be registered and must get a USDOT number before they can run commercial motor vehicles in interstate commerce. The Secretary can also register people who only do in-state work. Employers covered by another part of the law must use the commercial registration process in section 13902. The Secretary will register someone only if the person can and will follow the safety rules and related regulations. The Secretary will not register someone who, during the 3-year period before applying, was tied by common ownership, common management, common control, or family to another person who was unfit, unwilling, or unable to follow those rules—unless the relationship was disclosed. The Secretary can suspend or cancel a registration after notice if the employer’s operating authority is at risk under chapter 139, if the employer knowingly breaks the safety rules, fails to disclose a problematic relationship, or refuses the safety review required by section 31144(g). Employers must update their registration within 30 days after changes to address, contact details, officers, process agent, or other important information. States may still give DOT numbers under state law for in-state operations.

Title 49, §31134

Transportation — Source: USLM XML via OLRC

(a)Upon application, and subject to subsections (b) and (c), the Secretary shall register an employer or person subject to the safety jurisdiction of this subchapter. An employer or person may operate a commercial motor vehicle in interstate commerce only if the employer or person is registered by the Secretary under this section and receives a USDOT number. Nothing in this section shall preclude registration by the Secretary of an employer or person not engaged in interstate commerce. An employer or person subject to jurisdiction under subchapter I of chapter 135 of this title shall apply for commercial registration under section 13902 of this title.

(b)The Secretary shall register an employer or person under subsection (a) only if the Secretary determines that—

(1)the employer or person seeking registration is willing and able to comply with the requirements of this subchapter and the regulations prescribed thereunder and chapter 51 and the regulations prescribed thereunder;

(2)(A)11 So in original. There is no subpar. (B). during the 3-year period before the date of the filing of the application, the employer or person is not or was not related through common ownership, common management, common control, or common familial relationship to any other person or applicant for registration subject to this subchapter who, during such 3-year period, is or was unfit, unwilling, or unable to comply with the requirements listed in subsection (b)(1); or

(3)the employer or person has disclosed to the Secretary any relationship involving common ownership, common management, common control, or common familial relationship to any other person or applicant for registration subject to this subchapter.

(c)The Secretary shall revoke the registration of an employer or person issued under subsection (a) after notice and an opportunity for a proceeding, or suspend the registration after giving notice of the suspension to the employer or person, if the Secretary determines that—

(1)the employer’s or person’s authority to operate pursuant to chapter 139 of this title is subject to revocation or suspension under section 22 So in original. Probably should be “section”. 13905(d)(1) or 13905(f) of this title;

(2)the employer or person has knowingly failed to comply with the requirements listed in subsection (b)(1);

(3)the employer or person has not disclosed any relationship through common ownership, common management, common control, or common familial relationship to any other person or applicant for registration subject to this subchapter that the Secretary determines is or was unfit, unwilling, or unable to comply with the requirements listed in subsection (b)(1);

(4)the employer or person refused to submit to the safety review required by section 31144(g) of this title.

(d)The Secretary may require an employer to update a registration under this section not later than 30 days after a change in the employer’s address, other contact information, officers, process agent, or other essential information, as determined by the Secretary.

(e)Nothing in this section shall be construed as affecting the authority of a State to issue a Department of Transportation number under State law to a person operating in intrastate commerce.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 31134, Pub. L. 103–272, § 1(e),

July 5, 1994, 108 Stat. 1001; Pub. L. 104–287, § 5(9), Oct. 11, 1996, 110 Stat. 3389, related to Commercial Motor Vehicle Safety Regulatory Review Panel, prior to repeal by Pub. L. 105–178, title IV, § 4008(c),

June 9, 1998, 112 Stat. 404.

Statutory Notes and Related Subsidiaries

Effective Date

Section 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.

§31134 Requirement for Registration and Usdot Number