Pub. L. 102-240, tit. IV, sec. 4005
SINGLE STATE REGISTRATION SYSTEM.
SEC. 4005. SINGLE STATE REGISTRATION SYSTEM. Section 11506 of title 49, United States Code, is amended to read as follows: 105 STAT. 2147 “§ 11506. Registration of motor carriers by a State “(a) Definitions.— In this section, the terms ‘standards’ and ‘amendments to standards’ mean the specification of forms and procedures required by regulations of the Interstate Commerce Commission to prove the lawfulness of transportation by motor carrier referred to in section 10521(a) (1) and (2) of this title. “(b) General Rule.— The requirement of a State that a motor carrier, providing transportation subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title and providing transportation in that State, register the certificate or permit issued to the carrier under section 10922 or 10923 of this title is not an unreasonable burden on transportation referred to in section 10521(a) (1) and (2) of this title when the registration is completed under standards of the Commission under subsection (c) of this section. When a State registration requirement imposes obligations in excess of the standards, the part in excess is an unreasonable burden. “(c) Single State Registration System.— “(1) In general.— Not later than 18 months after the date of the enactment of the Intermodal Surface Transportation Efficiency Act of 1991, the Commission shall prescribe amendments to the standards existing as of such date of enactment. Such amendments shall implement a system under which— “(A) a motor carrier is required to register annually with only one State; “(B) the State of registration shall fully comply with standards prescribed under this section; and “(C) such single State registration shall be deemed to satisfy the registration requirements of all other States. “(2) Specific requirements.— “(A) Evidence of certificate; proof of insurance; payment of fees.— Under the amended standards implementing the single State registration system described in paragraph (1) of this subsection, only a State acting in its capacity as registration State under such single State system may require a motor carrier holding a certificate or permit issued under this subtitle— “(i) to file and maintain evidence of such certificate or permit; “(ii) to file satisfactory proof of required insurance or qualification as a self-insurer; “(iii) to pay directly to such State fee amounts in accordance with the fee system established under subparagraph (B)(iv) of this paragraph, subject to allocation of fee revenues among all States in which the carrier operates and which participate in the single State registration system; and “(iv) to file the name of a local agent for service of process. “(B) Receipts; fee system.— Such amended standards— “(i) shall require that the registration State issue a receipt, in a form prescribed under the amended standards, reflecting that the carrier has filed proof of insurance as provided under subparagraph (A)(ii) of this paragraph and has paid fee amounts in accordance 105 STAT. 2148with the fee system established under clause (iv) of this subparagraph; “(ii) shall require that copies of the receipt issued under clause (i) of this subparagraph be kept in each of the carrier’s commercial motor vehicles; “(iii) shall not require decals, stamps, cab cards, or any other means of registering or identifying specific vehicles operated by the carrier; “(iv) shall establish a fee system for the filing of proof of insurance as provided under subparagraph (A)(ii) of this paragraph that (I) will be based on the number of commercial motor vehicles the carrier operates in a State and on the number of States in which the carrier operates, (ID will minimize the costs of complying with the registration system, and (III) will result in a fee for each participating State that is equal to the fee, not to exceed $10 per vehicle, that such State collected or charged as of November 15, 1991; and “(v) shall not authorize the charging or collection of any fee for filing and maintaining a certificate or permit under subparagraph (A)(i) of this paragraph. “(C) Prohibited fees.— The charging or collection of any fee under this section that is not in accordance with the fee system established under subparagraph (B)(iv) of this paragraph shall be deemed to be a burden on interstate commerce. “(D) Limitation on participation by states.— Only a State which, as of January 1, 1991, charged or collected a fee for a vehicle identification stamp or number under part 1023 of title 49, Code of Federal Regulations, shall be eligible to participate as a registration State under this subsection or to receive any fee revenue under this subsection. “(3) Effective date of amendments.— Amendments prescribed under this subsection shall take effect by January 1, 1994. “(d) Interpretation Authority of Commission.— This section does not affect the authority of the Commission to interpret its regulations and certificates and permits issued under section 10922 or 10923 of this title.”.