TITLE 49--TRANSPORTATION
SUBTITLE VI--MOTOR VEHICLE AND DRIVER PROGRAMS
PART B--COMMERCIAL
CHAPTER 311--COMMERCIAL MOTOR VEHICLE SAFETY
SUBCHAPTER III--SAFETY REGULATION
Sec. 31139. Minimum financial responsibility for transporting
property
(a) Definitions.--In this section--
(1) ``farm vehicle'' means a vehicle--
(A) designed or adapted and used only for agriculture;
(B) operated by a motor private carrier (as defined in
section 10102 of this title); and
(C) operated only incidentally on highways.
(2) ``interstate commerce'' includes transportation between a
place in a State and a place outside the United States, to the
extent the transportation is in the United States.
(3) ``State'' means a State of the United States, the District
of Columbia, Puerto Rico, the Virgin Islands, American Samoa, Guam,
and the Northern Mariana Islands.
(b) General Requirement and Minimum Amount.--(1) The Secretary of
Transportation
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shall prescribe regulations to require minimum levels of financial
responsibility sufficient to satisfy liability amounts established by
the Secretary covering public liability, property damage, and
environmental restoration for the transportation of property by
commercial motor vehicle in the United States between a place in a State
and--
(A) a place in another State;
(B) another place in the same State through a place outside of
that State; or
(C) a place outside the United States.
(2) The level of financial responsibility established under
paragraph (1) of this subsection shall be at least $750,000.
(c) Filing of Evidence of Financial Responsibility.--The Secretary
may require a motor private carrier (as defined in section 13102) to
file with the Secretary the evidence of financial responsibility
specified in subsection (b) in an amount not less than the greater of
the minimum amount required by this section or the amount required for
such motor private carrier to transport property under the laws of the
State or States in which the motor private carrier is operating; except
that the amount of the financial responsibility must be sufficient to
pay not more than the amount of the financial responsibility for each
final judgment against the motor private carrier for bodily injury to,
or death of, an individual resulting from negligent operation,
maintenance, or use of the commercial motor vehicle, or for loss or
damage to property, or both.
(d) Requirements for Hazardous Matter and Oil.--(1) The Secretary of
Transportation shall prescribe regulations to require minimum levels of
financial responsibility sufficient to satisfy liability amounts
established by the Secretary covering public liability, property damage,
and environmental restoration for the transportation by motor vehicle in
interstate or intrastate commerce of--
(A) hazardous material (as defined by the Secretary);
(B) oil or hazardous substances (as defined by the Administrator
of the Environmental Protection Agency); or
(C) hazardous wastes (as defined by the Administrator).
(2)(A) Except as provided in subparagraph (B) of this paragraph, the
level of financial responsibility established under paragraph (1) of
this subsection shall be at least $5,000,000 for the transportation--
(i) of hazardous substances (as defined by the Administrator) in
cargo tanks, portable tanks, or hopper-type vehicles, with
capacities of more than 3,500 water gallons;
(ii) in bulk of class A explosives, poison gas, liquefied gas,
or compressed gas; or
(iii) of large quantities of radioactive material.
(B) The Secretary of Transportation by regulation may reduce the
minimum level in subparagraph (A) of this paragraph (to an amount not
less than $1,000,000) for transportation described in subparagraph (A)
in any of the territories of Puerto Rico, the Virgin Islands, American
Samoa, Guam, and the Northern Mariana Islands if--
(i) the chief executive officer of the territory requests the
reduction;
(ii) the reduction will prevent a serious disruption in
transportation service and will not adversely affect public safety;
and
(iii) insurance of $5,000,000 is not readily available.
(3) The level of financial responsibility established under
paragraph (1) of this subsection for the transportation of a material,
oil, substance, or waste not subject to paragraph (2) of this subsection
shall be at least $1,000,000. However, if the Secretary of
Transportation finds it will not adversely affect public safety, the
Secretary by regulation may reduce the amount for--
(A) a class of vehicles transporting such a material, oil,
substance, or waste in intrastate commerce (except in bulk); and
(B) a farm vehicle transporting such a material or substance in
interstate commerce (except in bulk).
(e) Foreign Motor Carriers and Private Carriers.--Regulations
prescribed under this section may allow foreign motor carriers and
foreign motor private carriers (as those terms are defined in section
10530 of this title) providing transportation of property under a
certificate of registration issued under section 10530 to meet the
minimum levels of financial responsibility under this section only when
those carriers are providing transportation for property in the United
States.
(f) Evidence of Financial Responsibility.--(1) Subject to paragraph
(2) of this subsection, financial responsibility may be established by
evidence of one or a combination of the following if acceptable to the
Secretary of Transportation:
(A) insurance.
(B) a guarantee.
(C) a surety bond issued by a bonding company authorized to do
business in the United States.
(D) qualification as a self-insurer.
(2) A person domiciled in a country contiguous to the United States
and providing transportation to which a minimum level of financial
responsibility under this section applies shall have evidence of
financial responsibility in the motor vehicle when the person is
providing the transportation. If evidence of financial responsibility is
not in the vehicle, the Secretary of Transportation and the Secretary of
the Treasury shall deny entry of the vehicle into the United States.
(3) A motor carrier may obtain the required amount of financial
responsibility from more than one source provided the cumulative amount
is equal to the minimum requirements of this section.
(g) Civil Penalty.--(1) If, after notice and an opportunity for a
hearing, the Secretary of Transportation finds that a person (except an
employee acting without knowledge) has knowingly violated this section
or a regulation prescribed under this section, the person is liable to
the United States Government for a civil penalty of not more than
$10,000 for each violation. A separate violation occurs for each day the
violation continues.
(2) The Secretary of Transportation shall impose the penalty by
written notice. In determin
[[Page 552]]
ing the amount of the penalty, the Secretary shall consider--
(A) the nature, circumstances, extent, and gravity of the
violation;
(B) with respect to the violator, the degree of culpability, any
history of prior violations, the ability to pay, and any effect on
the ability to continue doing business; and
(C) other matters that justice requires.
(3) The Secretary of Transportation may compromise the penalty
before referring the matter to the Attorney General for collection.
(4) The Attorney General shall bring a civil action in an
appropriate district court of the United States to collect a penalty
referred to the Attorney General for collection under this subsection.
(5) The amount of the penalty may be deducted from amounts the
Government owes the person. An amount collected under this section shall
be deposited in the Highway Trust Fund (other than the Mass Transit
Account).
(h) Nonapplication.--This section does not apply to a motor vehicle
having a gross vehicle weight rating of less than 10,000 pounds if the
vehicle is not used to transport in interstate or foreign commerce--
(1) class A or B explosives;
(2) poison gas; or
(3) a large quantity of radioactive material.
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1006; Pub. L. 104-
88, title I, Sec. 104(e), Dec. 29, 1995, 109 Stat. 919; Pub. L. 109-59,
title IV, Sec. Sec. 4120(b), 4121, Aug. 10, 2005, 119 Stat. 1733, 1734.)
Historical and Revision Notes
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Revised Section Source (U.S. Code) Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
31139(a).............................. 49:10927 (note). July 1, 1980, Pub. L. 96-296, Sec.
30(h), 94 Stat. 823; Jan. 6, 1983,
Pub. L. 97-424, Sec. 406(c), 96 Stat.
2159; Oct. 30, 1984, Pub. L. 98-554,
Sec. 222(b), 98 Stat. 2847; Nov. 18,
1988, Pub. L. 100-690, Sec. 9112, 102
Stat. 4534.
31139(b).............................. 49:10927 (note). July 1, 1980, Pub. L. 96-296, Sec.
30(a), 94 Stat. 820; Jan. 6, 1983,
Pub. L. 97-424, Sec. 406(a), 96 Stat.
2158.
31139(c).............................. 49:10927 (note). July 1, 1980, Pub. L. 96-296, Sec.
30(b), 94 Stat. 821; Jan. 6, 1983,
Pub. L. 97-424, Sec. 406(a), 96 Stat.
2158; Oct. 30, 1984, Pub. L. 98-554,
Sec. 222(a), 98 Stat. 2846; Nov. 16,
1990, Pub. L. 101-615, Sec. 23, 104
Stat. 3272.
31139(d).............................. 49:10927 (note). July 1, 1980, Pub. L. 96-296, 94 Stat.
793, Sec. 30(g); added Nov. 18, 1988,
Pub. L. 100-690, Sec. 9112, 102 Stat.
4534.
31139(e).............................. 49:10927 (note). July 1, 1980, Pub. L. 96-296, Sec.
30(c), 94 Stat. 822; Jan. 6, 1983,
Pub. L. 97-424, Sec. 406(b), 96 Stat.
2158.
July 1, 1980, Pub. L. 96-296, Sec.
30(e), 94 Stat. 822.
31139(f).............................. 49:10927 (note). July 1, 1980, Pub. L. 96-296, Sec.
30(d), 94 Stat. 822.
31139(g).............................. 49:10927 (note). July 1, 1980, Pub. L. 96-296, Sec.
30(f), 94 Stat. 823; Jan. 6, 1983,
Pub. L. 97-424, Sec. 406(d), 96 Stat.
2159.
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In subsection (a), before clause (1), the text of section 30(h)(3)
of the Motor Carrier Act of 1980 (Public Law 96-296, 94 Stat. 823) is
omitted as surplus because the complete name of the Secretary of
Transportation is used the first time the term appears in a section. In
clause (3), the words ``(including its use in the terms `interstate' and
`intrastate')'' are omitted as surplus.
In subsections (b)(2) and (c)(2) and (3), the word ``minimal'' is
omitted as surplus.
In subsection (b)(2), the words ``for any vehicle'' are omitted as
surplus. The words beginning with ``except'' are omitted as expired. The
text of section 30(a)(3) of the Act (Public Law 96-296, 94 Stat. 821) is
omitted because the regulations have been issued. See 49 C.F.R. part
387.
In subsection (c)(2), the text of section 30(b)(2)(B) of the Act
(Public Law 96-296, 94 Stat. 821) is omitted as expired.
In subsection (c)(3), before clause (A), the text of section
30(b)(3)(A) of the Act (Public Law 96-296, 94 Stat. 821) is omitted as
expired. The text of section 30(b)(4) of the Act (Public Law 96-296, 94
Stat. 822) is omitted because the regulations have been issued. See 49
C.F.R. part 387. The words ``for any vehicle . . . in interstate or
intrastate commerce'' are omitted as unnecessary because of the
reference to paragraph (1).
In subsection (e)(1), the words ``The Secretary shall establish, by
regulation, methods and procedures to assure compliance with this
section'' are omitted as surplus. The text of section 30(e) of the Act
(Public Law 96-296, 94 Stat. 822) is omitted as executed.
In subsection (f)(4), the words ``The Attorney General shall bring a
civil action . . . to collect a penalty referred to the Attorney General
for collection under this subsection'' are substituted for ``Such civil
penalty may be recovered in an action brought by the Attorney General on
behalf of the United States'' for consistency in the revised title.
In subsection (f)(5), the words ``when finally determined (or agreed
upon in compromise)'' are omitted as surplus.
In subsection (g)(1) and (2), the words ``any quantity of'' are
omitted as surplus.
Amendments
2005--Subsec. (b)(1). Pub. L. 109-59, Sec. 4120(b)(1), struck out
``for compensation'' after ``property'' and inserted ``commercial''
before ``motor vehicle'' in introductory provisions.
Subsecs. (c) to (f). Pub. L. 109-59, Sec. 4120(b)(2), (3), added
subsec. (c) and redesignated former subsecs. (c) to (e) as (d) to (f),
respectively. Former subsec. (f) redesignated (g).
Subsec. (g). Pub. L. 109-59, Sec. 4120(b)(2), redesignated subsec.
(f) as (g). Former subsec. (g) redesignated (h).
Subsec. (g)(5). Pub. L. 109-59, Sec. 4121, which directed amendment
of subsec. (f)(5) by substituting ``Highway Trust Fund (other than the
Mass Transit Account)'' for ``Treasury as miscellaneous receipts'', was
executed to subsec. (g)(5) to reflect the probable intent of Congress
and the redesignation of subsec. (f) as (g) by Pub. L. 109-59,
Sec. 4120(b)(2). See above.
Subsec. (h). Pub. L. 109-59, Sec. 4120(b)(2), redesignated subsec.
(g) as (h).
1995--Subsec. (e)(3). Pub. L. 104-88 added par. (3).
Effective Date of 1995 Amendment
Amendment by Pub. L. 104-88 effective Jan. 1, 1996, see section 2 of
Pub. L. 104-88, set out as an Effective Date note under section 701 of
this title.
| File Type | application/msword |
| Author | herman.dogan |
| Last Modified By | herman.dogan |
| File Modified | 2011-10-12 |
| File Created | 2011-10-12 |