49 U.S.C. § 31134 — Requirement for registration and USDOT number
submitted 14 years ago by Pub. L. 112-141 to r/title-49-TRANSPORTATION · 518 words · no verdicts yet
Employers and people covered by these safety rules must register with the Secretary of Transportation and get a USDOT number before operating in interstate commerce. The Secretary can deny registration to unfit applicants or ones hiding ties to unfit operators. The Secretary can also revoke or suspend registration for violations.
(a) In General. Upon application and subject to (b) and (c), the Secretary must register an employer or person subject to this subchapter’s safety jurisdiction. Such an employer or person may operate a commercial motor vehicle in interstate commerce only if registered and given a USDOT number. The Secretary may also register an employer or person not engaged in interstate commerce. A person subject to subchapter I of chapter 135 must apply under section 13902.
(b) Withholding Registration. The Secretary may register an employer or person only if the Secretary determines that the applicant can and will comply with this subchapter, its regulations, chapter 51, and its regulations; during the three years before the application, the employer or person was not and is not related through common ownership, management, control, or family relationship to any other person or applicant for registration subject to this subchapter who during that period was unfit, unwilling, or unable to comply; and the employer or person disclosed every such relationship involving any other person or applicant for registration subject to this subchapter.
(c) Revocation or Suspension. After notice and an opportunity for a proceeding, the Secretary must revoke, or after notice may suspend, a registration if the employer or person’s authority under chapter 139 is subject to revocation or suspension under section 13905(d)(1) or (f); knowingly failed to comply with (b)(1); failed to disclose a relationship through common ownership, management, control, or family relationship to any other person or applicant that the Secretary determines is or was unfit, unwilling, or unable to comply with (b)(1); or refused the safety review required by section 31144(g).
(d) Periodic Registration Update. The Secretary may require an employer to update its registration within 30 days after a change in address, contact information, officers, process agent, or other essential information the Secretary determines.
(e) State Authority. This section does not affect a State’s authority under State law to issue a Department of Transportation number to a person operating in intrastate commerce.
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.
The Secretary shall register an employer or person under subsection (a) only if the Secretary determines that—
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;
1 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
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.
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—
the employer’s or person’s authority to operate pursuant to chapter 139 of this title is subject to revocation or suspension under sections 2 13905(d)(1) or 13905(f) of this title;
the employer or person has knowingly failed to comply with the requirements listed in subsection (b)(1);
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);
the employer or person refused to submit to the safety review required by section 31144(g) of this title.
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.
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.
Source credit: (Added Pub. L. 112–141, div. C, title II, § 32105(a), July 6, 2012, 126 Stat. 780.)
- 2012Enacted · Pub. L. 112-141 · 126 Stat. 780
A history note hasn’t been published yet. The record shows enactment by Pub. L. 112-141 on 2012-07-06.
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