49 USC § 13903 - Registration of freight forwarders | Title 49 - Transportation | U.S. Code

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Current through Pub. L. 113-9. (See Public Laws for the current Congress.)

(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 determines that the person—

(1) has sufficient experience to qualify the person to act as a freight forwarder; and

(2) is fit, willing, and able to provide the service and to comply with this part and applicable regulations of the Secretary.

(b) Duration.— A registration issued under subsection (a) shall only remain in effect while the freight forwarder is in compliance with section 13906 (c).

(c) Experience or Training Requirement.— Each freight forwarder shall employ, as an officer, an individual who—

(1) has at least 3 years of relevant experience; or

(2) provides the Secretary with satisfactory evidence of the individual’s knowledge of related rules, regulations, and industry practices.

(d) Registration as Motor Carrier Required.—

(1) ^[1] In general.—A freight forwarder may not provide transportation as a motor carrier unless the freight forwarder has registered separately under this chapter to provide transportation as a motor carrier.

(e) Update of Registration.— The Secretary shall require a freight forwarder to update its registration under this section not later than 30 days after a change in the freight forwarder’s address, other contact information, officers, process agent, or other essential information, as determined by the Secretary.

[1] So in original. No par. (2) has been enacted.

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(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.

Source

(Added Pub. L. 104–88, title I, § 103,Dec. 29, 1995, 109 Stat. 884; amended Pub. L. 109–59, title IV, § 4142(b),Aug. 10, 2005, 119 Stat. 1747; Pub. L. 110–244, title III, § 305(d),June 6, 2008, 122 Stat. 1620.)

Prior Provisions

Provisions similar to those in this section were contained in section 10923 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).

Amendments

2008—Subsec. (a). Pub. L. 110–244amended subsec. (a) generally. Prior to amendment, text read as follows:

“(1) Household goods.—The Secretary shall register a person to provide service subject to jurisdiction under subchapter III of chapter 135 as a freight forwarder of household goods 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.

“(2) Others.—The Secretary may register a person to provide service subject to jurisdiction under subchapter III of chapter 135 as a freight forwarder (other than a freight forwarder of household goods) if the Secretary finds that such registration is needed for the protection of shippers and 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 Board.”

2005—Subsec. (a). Pub. L. 109–59designated existing provisions as par. (1) and inserted heading, inserted “of household goods” after “freight forwarder”, and added par. (2).

The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.

The most recent Classification Table update that we have noticed was Wednesday, May 29, 2013

An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.

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Abbreviations used in the Description of Change column:

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"nt" means note.
"nt [tbl]" means note [table].
"prec" means preceding.
"fr" means a transfer from another section.
"to" means a transfer to another section.
"omitted" means the section is omitted.
"repealed" means the section is repealed.
"nt ed change" and "ed change" - See the Editorial Classification Change Table [pdf].

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General Reference

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You can look for information about what it is and is not, which titles are positive law, the schedule of Supplements, etc. Under download you can find the source data we use here (GPO locator files), as well as, PDF files that look just like the paper books (these may be rather large).

Refer to the Thomas site for changes that have not yet made it into the classification tables.

49 USC	Description of Change	Session Year	Public Law	Statutes at Large
§ 13903		2012	112-141 [Sec.] 32916(a)	126 Stat. 820
§ 13903		2012	112-141 [Sec.] 32107(b)	126 Stat. 782
§ 13903	nt new	2012	112-141 [Sec.] 32104	126 Stat. 780

This is a list of parts within the Code of Federal Regulations for which this US Code section provides rulemaking authority.

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49 CFR - Title 49—Transportation

49 CFR Part 365 - RULES GOVERNING APPLICATIONS FOR OPERATING AUTHORITY

49 CFR Part 385 - SAFETY FITNESS PROCEDURES

49 CFR Part 386 - RULES OF PRACTICE FOR MOTOR CARRIER, INTERMODAL EQUIPMENT PROVIDER, BROKER, FREIGHT FORWARDER, AND HAZARDOUS MATERIALS PROCEEDINGS

49 USC § 13903 - Registration of freight forwarders

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