Page:United States Statutes at Large Volume 109 Part 1.djvu/901

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PUBLIC LAW 104-88 —DEC. 29, 1995 109 STAT. 885 may suspend, amend, or revoke any part of the registration of a motor carrier, broker, or freight forwarder for willful failure to comply with this part;, an applicable regulation or order of the Secretary or of the Board, or a condition of its registration. "(d) PROCEDURE. — Except on application of the registrant, the Secretary may revoke a registration of a motor carrier, freight forwarder, or broker, only after— "(1) the Secretary has issued an order to the registrant i under section 14701 requiring compliance with this part, a

regulation of the Secretary, or a condition of the registration;

and "(2) the registrant willfully does not comply with the order for a period of 30 days. "(e) EXPEDITED PROCEDURE. — "(1) PROTECTION OF SAFETY.—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. "(2) IMMINENT HV^ARD TO PUBLIC HEALTH. — Without regard to subchapter II of chapter 5 of title 5, the Secretary may suspend a 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. "(3) NOTICE; PERIOD OF SUSPENSION. — 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. "§13906. Security of motor carriers, brokers, and freight forwarders " (a) MOTOR CARRIER REQUIREMENTS.— "(1) LIABILITY INSURANCE REQUIREMENT.— The Secretary may register a motor carrier under section 13902 only if the registrant files with the Secretary a bond, insurance policy, or other type of security approved by the Secretary, in an amount not less than such amount as the Secretary prescribes pursuant to, or as is required by, sections 31138 and 31139, and the laws of the State or States in which the registrant is operating, to the extent applicable. The security must be sufficient to pay, not more than the amount of the security, for each final judgment against the registrant for bodily injury to, or death of, an individual resulting from the negligent operation, maintenance, or use of motor vehicles, or for loss or damage to property (except property referred to in paragraph (3) of this subsection), or both. A registration remains in effect only as long as the registrant continues to satisfy the security requirements of this paragraph. "(2) AGENCY REQUIREMENT. —^A motor carrier shall comply with the requirements of sections 13303 and 13304. To protect the public, the Secretary may require any such motor carrier to file the type of security that a motor carrier is required