§ 13903. Registration of freight forwarders

(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)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.

(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; Pub. L. 112–141, div. C, title II, §§ 32107(b), 32916(a), July 6, 2012, 126 Stat. 782, 820.)

Amendments

Amendments

2012—Subsec. (a). Pub. L. 112–141, § 32916(a)(1), substituted “determines that the person—” for “finds that the person is fit”, added par. (1), inserted par. (2) designation and “is fit” before “, willing”, and, in par. (2), struck out “and the Board” after “Secretary”.

Subsec. (b). Pub. L. 112–141, § 32916(a)(3), added subsec. (b). Former subsec. (b) redesignated (d).

Subsec. (c). Pub. L. 112–141, § 32916(a)(3), added subsec. (c). Former subsec. (c) redesignated (e).

Pub. L. 112–141, § 32107(b), added subsec. (c).

Subsec. (d). Pub. L. 112–141, § 32916(a)(4), amended subsec. (d) generally. Prior to amendment, text read as follows: “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.”

Pub. L. 112–141, § 32916(a)(2), redesignated subsec. (b) as (d).

Subsec. (e). Pub. L. 112–141, § 32916(a)(2), redesignated subsec. (c) as (e).

2008—Subsec. (a). Pub. L. 110–244 amended 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. 109–59 designated existing provisions as par. (1) and inserted heading, inserted “of household goods” after “freight forwarder”, and added par. (2).

Effective Date Of Amendment

Effective Date of 2012 Amendment

Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.

Miscellaneous

Financial Responsibility Requirements

Pub. L. 112–141, div. C, title II, § 32104, July 6, 2012, 126 Stat. 780, provided that: “Not later than 6 months after the date of enactment of this Act [see section 3(a), (b) of Pub. L. 112–141, set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of Title 23, Highways], and every 4 years thereafter, the Secretary shall—

“(1) issue a report on the appropriateness of—

“(A) the current minimum financial responsibility requirements under sections 31138 and 31139 of title 49, United States Code; and

“(B) the current bond and insurance requirements under sections 13904(f), 13903, and 13906 of title 49, United States Code; and

“(2) submit the report issued under paragraph (1) to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.”