1
 So in original. The words “for failure” probably should not appear.
to obey a subpoena issued by the Secretary;
Historical and Revision Notes
Pub. L. 104–287

This amends 49:13905(a) for clarity and consistency.

Pub. L. 105–102

This 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 Amendment

Amendment 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 Amendment

Amendment 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 Laws

Except as provided in sections 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.