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49 U.S.C. § 31134Requirement for registration and USDOT number

submitted 14 years ago by Pub. L. 112-141 to r/title-49-TRANSPORTATION · 518 words · no verdicts yet

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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. When someone applies, the Secretary must register an employer or person subject to this subchapter's safety rules, following the limits in (b) and (c). An employer or person can operate a commercial vehicle in interstate commerce only if the Secretary has registered them and they have received a USDOT number. The Secretary can also register someone who is not in interstate commerce, if they want that. Anyone subject to subchapter I of chapter 135 must apply for registration under section 13902 instead. (b) Withholding Registration. The Secretary will register an applicant only after deciding three things: that the applicant is willing and able to follow this subchapter's rules and chapter 51's rules; that, in the past three years, the applicant has not been connected — through shared ownership, management, control, or family ties — to any other applicant who, during that same period, was unfit, unwilling, or unable to comply; and that the applicant has disclosed to the Secretary any such connection to another applicant, whether or not that other applicant was unfit. (c) Revocation or Suspension of Registration. The Secretary must revoke an existing registration, after notice and a chance for a hearing, or can suspend it after giving notice, if the Secretary decides any of these is true: the employer's or person's authority to operate under chapter 139 is already subject to revocation or suspension under section 13905(d)(1) or 13905(f); the employer or person knowingly failed to meet the requirements in (b)(1); the employer or person failed to disclose a connection to another applicant that the Secretary has found was unfit, unwilling, or unable to comply; or the employer or person refused to submit to the safety review required under section 31144(g). (d) Periodic Registration Update. The Secretary can require an employer to update its registration within 30 days after a change to its address, other contact information, officers, process agent, or other information the Secretary considers essential. (e) State Authority. Nothing in this section limits a state's power to issue its own Department of Transportation number, under state law, to someone operating only within that state.
the actual law source: uscode.house.gov ↗public domain
(a)In General.—

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)Withholding Registration.—

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)

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

(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)Revocation or Suspension of Registration.—

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 sections 2 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)Periodic Registration Update.—

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)State Authority.—

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.)

history & why it existsrecord from the source credit
  • 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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