MOTOR COMMON CARRIER LICENSING.

SEC. 207. MOTOR COMMON CARRIER LICENSING. (a) In General.— Section 10922 (relating to certification of motor and water carriers) is amended— (1) by redesignating subsections (b) through (1) as (c) through (m), respectively, and by inserting after subsection (a) the following new subsection: “(b) (1) Except as provided in this section, the Commission shall issue a certificate to a person authorizing that person to provide transportation subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title as a motor common carrier of property if the Commission finds that the person is able to comply with— “(A) this subtitle, the regulations of the Commission, and any safety requirements imposed by the Commission, “(B) the safety fitness requirements established by the Secretary of Transportation in consultation with the Commission under section 31144 of this title, and “(C) the minimum financial responsibility requirements established by the Commission pursuant to section 10927 of this title. “(2) In making a finding under paragraph (1), the Commission shall consider and, to the extent applicable, make findings on, any evidence demonstrating that the applicant is unable to comply with the requirements of subparagraph (A), (B), or (C) of that paragraph. “(3) The Commission shall find any applicant for authority to operate as a motor carrier under this section to be unfit If the applicant does not meet the safety and safety fitness requirements under paragraph (1)(A) or (1)(B) of this subsection and shall deny the application. “(4) A person may protest an application under this subsection to provide transportation only on the ground that the applicant fails or will fail to comply with this subtitle, the regulations of the Commission, the safety requirements of the Commission, or the safety fitness or minimum financial responsibility requirements of paragraph (1) of this subsection.”. 108 STAT. 1687 (b) Public Convenience and Necessity.— Section 10922(c) (relating to public convenience and necessity) as redesignated by subsection (a), is amended— (1) by striking “carrier of property” in paragraph (1) and inserting “carrier of household goods”, (2) by striking paragraphs (4) and (6) and redesignating paragraphs (5), (7), (8), and (9) as (4), (5), (6), and (7), respectively, (3) by striking “carrier holding authority under paragraph (4)(D) of this subsection” in paragraph (4) (as redesignated) and inserting “motor carrier providing transportation of shipments weighing 100 pounds or less transported in a motor vehicle in which no one package exceeds 100 pounds”, (4) by striking “of property” in paragraph (5) (as redesignated) and inserting “of household goods”, (5) by striking “of property” in paragraph (6) (as redesignated) and inserting “of household goods”, and (6) by striking “Notwithstanding the provisions of paragraph (4) of this subsection, the provisions” in paragraph (7) (as redesignated) and inserting “The provisions”. (c) Certificate Specifications.— Section 10922(f)(1) (relating to specifications for certificate), as redesignated by subsection (a) of this section, is amended by inserting “of household goods or passengers” after “motor common carrier”. (d) Public Convenience and Necessity.— Section 10922(h)(1) (relating to public convenience and necessity), as redesignated by subsection (a) of this section, is amended by inserting “of household goods or passengers” after “motor common carrier”.