CERTIFICATES OF REGISTRATION FOR CERTAIN FOREIGN PERSONS.

SEC. 9111. CERTIFICATES OF REGISTRATION FOR CERTAIN FOREIGN PERSONS. (a) Definitions.— (1) Elimination of registrable period definition.—Paragraph (1) of section 10530(a) of title 49, United States Code, is repealed. (2) Foreign motor carrier.—Paragraph (2) of such section is amended to read as follows: “(2)‘foreign motor carrier’ means a person (including a motor carrier of property but excluding a motor private carrier)— “(A)(i) which is domiciled in a contiguous foreign country; or “(ii) which is owned or controlled by persons of a contiguous foreign country and is not domiciled in the United States; and “(B) in the case of a person which is not a motor carrier of property, which provides interstate transportation of property (including exempt items) by motor vehicle under an agreement or contract entered into with a motor carrier of property (other than a motor private carrier or a motor carrier of property described in subparagraph (A)).”. (3) Foreign motor private carrier.—Paragraph (3) of such section is amended to read as follows: 102 STAT. 4532 “(3) ‘foreign motor private carrier’ means a person (including a motor private carrier but excluding a motor carrier of property)— “(A)(i) which is domiciled in a contiguous foreign country; or “(ii) which is owned or controlled by persons of a contiguous foreign country and is not domiciled in the United States; and “(B) in the case of a person which is not a motor private carrier, which provides interstate transportation of property (including exempt items) by motor vehicle under an agreement or contract entered into with a person (other than a motor carrier of property or a motor private carrier described in subparagraph (A)).”. (b) Certification Requirement.— (1) For foreign motor carriers.—Subsection (b) of section 10530 of such title is amended by striking out paragraph (1) and inserting in lieu thereof the following new paragraph: “(b) Certification Requirement.— “(1) For foreign motor carriers.—Except as provided in this section and sections 10922 and 10923, no foreign motor carrier may provide interstate transportation of property (including exempt items) by motor vehicle unless the Commission has issued to such person a certificate of registration under this section, or a certificate or permit under subchapter II of chapter 109, authorizing such person to provide such transportation.”. (2) Conforming amendments for foreign motor private carriers.—Such subsection is further amended— (A) in paragraph (2)— (i) by inserting “For foreign motor carriers.—” before “Except”; (ii) by inserting “by motor vehicle” after “items)”; (iii) by striking out “in any registrable year”; and (iv) by striking out “in such year”; and (B) by indenting paragraph (2) and aligning such paragraph with paragraph (1), as amended by paragraph (1) of this subsection. (c) Issuance of Certificates.—Subsection (c) of such section is amended— (1) by striking out “exempt items in any registrable year” and inserting in lieu thereof “property (including exempt items) by motor vehicle”; and (2) by striking out “in any registrable year, if” and inserting in lieu thereof “by motor vehicle, if”; and (3) in paragraph (2) by striking out “ending before the first day of such registrable year”. (d) Application.—Subsection (d) of such section is amended by inserting “by motor vehicle” before the period at the end of the first sentence. (e) Fitness Requirement.—Subsection (e)(2) of such section is amended by striking out subparagraphs (A) and (B) and inserting in lieu thereof the following: “(A) under section 30 of the Motor Carrier Act of 1980, and “(B) under the laws of the States in which the carrier is operating, to the extent applicable.”. 102 STAT. 4533 (f) Identification.— (1) In vehicle.—Subsection (g) of such section is amended by striking out paragraph (1) and inserting in lieu thereof the following: “(g) Identification.— “(1) In vehicle.—Any motor vehicle which is used by a foreign motor carrier or by a foreign motor private carrier to provide interstate transportation of property (including exempt items) by motor vehicle under a certificate issued under this section or section 10922 or under a permit issued under section 10923 shall have a copy of such certificate or permit, as the case may be, in such motor vehicle at any time such vehicle is being used to provide such transportation.”. (2) Conforming amendments.—Such subsection is further amended— (A) in paragraph (2) by inserting “Denial of entry.—” before “The Commission” and by striking out “certificate of registration” and inserting in lieu thereof “certificate or permit”; and (B) by indenting paragraph (2) and aligning such paragraph with paragraph (1), as amended by paragraph (1) of this subsection. (g) Moratorium.— (1) General prohibition.—Section 10922(l)(1) of title 49, United States Code, is amended by striking out “motor carrier of property or motor private carrier” and inserting in lieu thereof “foreign motor carrier or foreign motor private carrier”. (2) General authority to issue certificates of registration.—Section 10922(l)(2)(B)(i) of such title is amended by striking out “motor carriers of property and motor private carriers” each place it appears and inserting in lieu thereof “foreign motor carriers and foreign motor private carriers”. (3) Foreign motor carriers.—Section 10922(l)(2)(B)(ii) of such title is amended— (A) by striking out “motor carrier of property” each place it appears and inserting in lieu thereof “foreign motor carrier”; and (B) by striking out “exempt items” and inserting in lieu thereof “property (including exempt items) by motor vehicle”. (4) Foreign motor private carriers.—Section 10922(l)(2)(B)(iii) of such title is amended— (A) by inserting “foreign” before “motor private” each place it appears; and (B) by inserting “by motor vehicle” after “items)”. (5) Hybrid foreign motor carriers.—Section 10922(l)(2)(B)(iv) is amended— (A) by striking out “motor carrier of property” and inserting in lieu thereof “foreign motor carrier”; and (B) by striking out “exempt items” and inserting in lieu thereof “property (including exempt items) by motor vehicle”. (6) Hybrid foreign motor private carriers.—Section 10922(l)(2)(B)(v) is amended— (A) by inserting “foreign” before “motor private”; and (B) by inserting “by motor vehicle” after “items)”. 102 STAT. 4534 (7) Definitions.—Section 10922(l)(2)(B)(vi) of such title is amended by inserting “, ‘foreign motor carrier’, ‘foreign motor private carrier’,” before “and”. (h) Security.— (1) General rule.—Section 10927(a)(1) of such title is amended by striking out the first sentence and inserting in lieu thereof the following new sentence: “The Commission may issue a certificate under section 10922 or 10530 or a permit under 10923 only if the carrier (including a motor private carrier and a foreign motor private carrier) applying for such certificate files with the Commission a bond, insurance policy, or other type of security approved by the Commission, in an amount not less than such amount as the Secretary of Transportation prescribes pursuant to, or as is required by, section 30 of the Motor Carrier Act of 1980, section 18 of the Bus Regulatory Reform Act of 1982, and the laws of the State or States in which the carrier is operating, to the extent applicable.”. (2) Foreign transportation.—Section 10927(a)(2) of such title is amended by striking out “(as such term is defined under section 10530(a)(3) of this title)” and inserting in lieu thereof “and foreign motor carrier (as defined under section 10530(a))”. (i) General Enforcement Authority.—Section 11701 of such title is amended— (1) in subsection (a) by inserting “foreign motor carrier or foreign” before “motor private carrier”; and (2) in subsection (b) by striking out “motor carrier or motor private carrier” and inserting in lieu thereof “foreign motor carrier or foreign motor private carrier”. (j) Civil Actions.—Section 11702 of such title is amended— (1) in subsection (a)(4) by striking out “motor carrier or motor private carrier” and inserting in lieu thereof “foreign motor carrier or foreign motor private carrier”; and (2) in subsection (b)(1) by striking out “or broker” and inserting in lieu thereof “, foreign motor carrier (as defined under section 10530(a)), foreign motor private carrier (as defined under section 10530(a)), or broker”. (k) Effective Date.—The amendments made by this section shall take effect January 1, 1990.