Page:United States Statutes at Large Volume 109 Part 1.djvu/900

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109 STAT. 884 PUBLIC LAW 104-88—DEC. 29, 1995 "(e) MOTOR CARRIER DEFINED.—In this section and sections 13905 and 13906, the term 'motor carrier* includes foreign motor private carriers. "§ 13903. Registration of freight forwarders "(a) IN GENERAL. —The Secretary shall register a person to provide service subject to jurisdiction under subchapter III of chapter 135 as a freight forwarder if the Secretary finds that the person is fit, willing, and able to provide the service and to comply with this part and applicable regulations of the Secretary and the Board. "(b) REGISTRATION AS CARRIER REQUIRED. —The freight forwarder may provide transportation as the carrier itself only if the freight forwarder also has registered to provide transportation as a carrier under this chapter.

  • '§ 13904. Registration of brokers

"(a) IN GENERAL. —The Secretary shall register, subject to section 13906(b), a person to be a broker for transportation of property subject to jurisdiction under subchapter I of chapter 135, if the Secretary finds that the person is fit, willing, and able to be a broker for transportation and to comply with this part and applicable regulations of the Secretary. " (b) REGISTRATION AS CARRIER REQUIRED. — "(1) IN GENERAL,—The broker may provide the transportation itself only if the broker also has been registered to provide the transportation as a motor carrier under this chapter. "(2) LIMITATION. — This subsection does not apply to a motor carrier registered under this chapter or to an employee or agent of the motor carrier to the extent the transportation is to be provided entirely by the motor carrier, with other registered motor carriers, or with rail or water carriers. " (c) REGULATIONS TO PROTECT SHIPPERS.— Regulations of the Secretary applicable to brokers registered under this section shall provide for the protection of shippers by motor vehicle. "(d) BOND AND INSURANCE.— The Secretary may impose on brokers for motor carriers of passengers such requirements for bonds or insurance or both as the Secretary determines are needed to protect passengers and carriers dealing with such brokers. "§ 13905. Effective periods of registration "(a) PERSON HOLDING ICC AuTHORiTY.Any person having authority to provide transportation or service as a motor carrier, freight forwarder, or broker under this title, as in effect on the day before the effective date of this section, shall be deemed, for purposes of this part, to be registered to provide such transportation or service under this part. "(b) IN GENERAL.—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. "(c) SUSPENSION, AMENDMENTS, AND REVOCATIONS.—On application of the registrant, the Secretary may amend or revoke a registration. On complaint or on the Secretary's own initiative and after notice and an opportunity for a proceeding, the Secretary