Page:United States Statutes at Large Volume 105 Part 3.djvu/271

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

PUBLIC LAW 102-240—DEC. 18, 1991 105 STAT. 2155 amendment is required of States that are participating in such Agreement; or (B) the expiration of the 365-day period beginning on the day the relevant office of the State receives written notice of such amendment from the Secretary. (4) EXCEPTION. — Paragraphs (1), (2), and (3) shall not apply with respect to a State that participates on January 1, 1991, in the Regional Fuel Tax Agreement and that continues to participate after such date in such Agreement, (h) ENFORCEMENT. — (1) ACTION.—On the request of the Secretary, the Attorney General may commence, in a court of competent jurisdiction, a civil action for such injunctive relief as may be appropriate to ensure compliance with subsections (f) and (g). (2) VENUE. —Such action may be commenced only in the State in which relief is required to ensure such compliance. (3) RELIEF.—Subject to section 1341 of title 28, United States Code, such court, upon a proper showing— (A) shall issue a temporary restraining order or a preliminary or permanent injunction; and (B) may require in such injunction that the State or any person comply with such subsections. (i) LIMITATIONS ON STATUTORY CONSTRUCTION.—Nothing in subsections (f) and (g) shall be construed as limiting the amount of money a State may charge for registration of a commercial motor vehicle or the amount of any fuel use tax a State may impose. 0") FUNDING. —There is authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) for fiscal year 1992 $1,000,000 for funding the activities of the working group under this section and $5,000,000 for making grants under subsection (e). Amounts authorized by the preceding sentence shall be subject to the obligation limitation established by section 102 of this Act for fiscal year 1992. From sums made available under section 404 of the Surface Transportation Assistance Act of 1982, the Secretary shall provide for each of fiscal years 1993 through 1997 $1,000,000 for funding the activities of the working group under this section and $5,000,000 for making grants under subsection (e). Such sums shall remain available until expended. (k) DEFINITIONS.— In this section, the following definitions apply: (1) COMMERCIAL MOTOR VEHICLE. —The term "commercial motor vehicle"— (A) as used with respect to the International Registration Plan, has the meaning the term "apportionable vehicle" has under such plan; and (B) as used with respect to the International Fuel Tax Agreement, has the meaning the term "qualified motor vehicle" has under such agreement. (2) FUEL USE TAX.— The term "fuel use tax" means a tax imposed on or measured by the consumption of fuel in a motor vehicle. (3) INTERNATIONAL FUEL TAX AGREEMENT. —The term "International Fuel Tax Agreement" means the interstate agreement for the collection and distribution of fuel use taxes paid by motor carriers, developed under the auspices of the National Governors' Association. (4) INTERNATIONAL REGISTRATION PLAN. — The term "International Registration Plan" means the interstate agreement for