Page:United States Statutes at Large Volume 102 Part 5.djvu/526

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PUBLIC LAW 100-000—MMMM. DD, 1988

102 STAT. 4532

PUBLIC LAW 100-690—NOV. 18, 1988 "(3) 'foreign motor private carrier' means a person (including a motor private carrier but excluding a motor carrier of property)— "(A)(i) which is domiciled in a contiguous foreign country; or "(ii) which is owned or controlled by persons of a contiguous foreign country and is not domiciled in the United States; and "(B) in the case of a person which is not a motor private carrier, which provides interstate transportation of property (including exempt items) by motor vehicle under an agreement or contract entered into with a person (other than a motor carrier of property or a motor private carrier described in subparagraph (A)).'. (b) CERTIFICATION REQUIREMENT.— (1) FOR FOREIGN MOTOR CARRIERS.—Subsection (b) of section

10530 of such title is amended by striking out paragraph (1) and inserting in lieu thereof the following new paragraph: "(b) CERTIFICATION REQUIREMENT.— "(1) FOR FOREIGN MOTOR CARRIERS.—Except

as provided in this section and sections 10922 and 10923, no foreign motor carrier may provide interstate transportation of property (including exempt items) by motor vehicle unless the Commission has issued to such person a certificate of registration under this section, or a certificate or permit under subchapter II of chapter 109, authorizing such person to provide such transportation.". (2) CONFORMING AMENDMENTS FOR FOREIGN MOTOR PRIVATE

CARRIERS.—Such subsection is further amended— (A) in paragraph (2)— (i) by inserting "FOR FOREIGN MOTOR CARRIERS.—"

before "Except"; (ii) by inserting "by motor vehicle" after "items)"; (iii) by striking out "in any registrable year"; and (iv) by striking out "in such year'; and (B) by indenting paragraph (2) and aligning such paragraph with paragraph (1), as amended by paragraph (1) of this subsection. (c) ISSUANCE OF CERTIFICATES.—Subsection (c) of such section is amended— (1) by striking out "exempt items in any registrable year" and inserting in lieu thereof "property (including exempt items) by motor vehicle"; and (2) by striking out "in any registrable year, i f and inserting in lieu thereof' by motor vehicle, i f; and (3) in paragraph (2) by striking out "ending before the first day of such registrable year". (d) APPLICATION.—Subsection (d) of such section is amended by inserting "by motor vehicle" before the period at the end of the first sentence. (e) FITNESS REQUIREMENT.—Subsection (e)(2) of such section is amended by striking out subparagraphs (A) and (B) and inserting in lieu thereof the following: "(A) under section 30 of the Motor Carrier Act of 1980, and "(B) under the laws of the States in which the carrier is operating, to the extent applicable.".