(a)
(1)
(A) a place in another State;
(B) another place in the same State through a place outside of that State; or
(C) a place outside the United States.
(2)
(A) a place in another State;
(B) another place in the same State through a place outside of that State; or
(C) a place outside the United States.
(b)
(1) at least 16 passengers shall be at least $5,000,000; and
(2) not more than 15 passengers shall be at least $1,500,000.
(c)
(A) insurance, including high self-retention.
(B) a guarantee.
(C) a surety bond issued by a bonding company authorized to do business in the United States.
(2) A person domiciled in a country contiguous to the United States and providing transportation to which a minimum level of financial responsibility under this section applies shall have evidence of financial responsibility in the motor vehicle when the person is providing the transportation. If evidence of financial responsibility is not in the vehicle, the Secretary of Transportation and the Secretary of the Treasury shall deny entry of the vehicle into the United States.
(3) A motor carrier may obtain the required amount of financial responsibility from more than one source provided the cumulative amount is equal to the minimum requirements of this section.
(4)
(d)
(2) The Secretary of Transportation shall impose the penalty by written notice. In determining the amount of the penalty, the Secretary shall consider—
(A) the nature, circumstances, extent, and gravity of the violation;
(B) with respect to the violator, the degree of culpability, any history of prior violations, the ability to pay, and any effect on the ability to continue doing business; and
(C) other matters that justice requires.
(3) The Secretary of Transportation may compromise the penalty before referring the matter to the Attorney General for collection.
(4) The Attorney General shall bring a civil action in an appropriate district court of the United States to collect a penalty referred to the Attorney General for collection under this subsection.
(5) The amount of the penalty may be deducted from amounts the Government owes the person. An amount collected under this section shall be deposited in the Highway Trust Fund (other than the Mass Transit Account).
(e)
(1) transporting only school children and teachers to or from school;
(2) providing taxicab service (as defined in section 13102);
(3) carrying not more than 15 individuals in a single, daily round trip to and from work; or
(4) providing transportation service within a transit service area under an agreement with a Federal, State, or local government funded, in whole or in part, with a grant under section 5307, 5310, or 5311, including transportation designed and carried out to meet the special needs of elderly individuals and individuals with disabilities; except that, in any case in which the transit service area is located in more than 1 State, the minimum level of financial responsibility for such motor vehicle will be at least the highest level required for any of such States.
Open Table
Revised Section |
Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
31138(a) | 49:10927 (note). | Sept. 20, 1982, Pub. L. 97–261, §18(a), 96 Stat. 1121. |
31138(b) | 49:10927 (note). | Sept. 20, 1982, Pub. L. 97–261, §18(b), (c), 96 Stat. 1121. |
31138(c) | 49:10927 (note). | Sept. 20, 1982, Pub. L. 97–261, §18(d), 96 Stat. 1121; Oct. 30, 1984, Pub. L. 98–554, §224, 98 Stat. 2847. |
31138(d) | 49:10927 (note). | Sept. 20, 1982, Pub. L. 97–261, §18(e), 96 Stat. 1122. |
31138(e) | 49:10927 (note). | Sept. 20, 1982, Pub. L. 97–261, §18(f), (g), 96 Stat. 1122. |
In subsection (b), before clause (1), the text of section 18(b)(1) (words beginning with "except") and (2) (words beginning with "except") and (c) of the Bus Regulatory Reform Act of 1982 (Public Law 97–261, 96 Stat. 1121) is omitted as expired. The word "minimal" is omitted as surplus.
In subsection (c)(1), the words "The Secretary shall establish, by regulation, methods and procedures to assure compliance with this section" are omitted as surplus.
In subsection (d)(4), the words "The Attorney General shall bring a civil action . . . to collect a penalty referred to the Attorney General for collection under this subsection" are substituted for "Such civil penalty may be recovered in an action brought by the Attorney General on behalf of the United States" for consistency in the revised title.
In subsection (d)(5), the words "when finally determined (or agreed upon in compromise)" are omitted as surplus.
In subsection (e), before clause (1), the text of section 18(g) of the Bus Regulatory Reform Act of 1982 (Public Law 97–261, 96 Stat. 1122) is omitted as unnecessary because of the restatement.
Amendments
2008—Subsec. (a). Pub. L. 110–244, §305(a)(1), added subsec. (a) and struck out former subsec. (a). Prior to amendment, text read as follows: "The Secretary of Transportation shall prescribe regulations to require minimum levels of financial responsibility sufficient to satisfy liability amounts established by the Secretary covering public liability and property damage for the transportation of passengers by commercial motor vehicle in the United States between a place in a State and—
"(1) a place in another State;
"(2) another place in the same State through a place outside of that State; or
"(3) a place outside the United States."
Subsec. (c)(4). Pub. L. 110–244, §305(a)(2), struck out "commercial" before "motor vehicle" in two places.
2005—Subsec. (a). Pub. L. 109–59, §4120(a)(1), struck out "for compensation" after "passengers" and inserted "commercial" before "motor vehicle" in introductory provisions.
Subsec. (c)(4). Pub. L. 109–59, §4120(a)(2), added par. (4).
Subsec. (d)(5). Pub. L. 109–59, §4121, substituted "Highway Trust Fund (other than the Mass Transit Account)" for "Treasury as miscellaneous receipts".
2002—Subsec. (e)(2). Pub. L. 107–298 amended par. (2) generally. Prior to amendment, par. (2) read as follows: "providing taxicab service, having a seating capacity of not more than 6 passengers, and not being operated on a regular route or between specified places;".
1995—Subsec. (c)(3). Pub. L. 104–88, §104(c), added par. (3).
Subsec. (e)(4). Pub. L. 104–88, §104(d), added par. (4).
Effective Date of 1995 Amendment
Amendment by Pub. L. 104–88 effective Jan. 1, 1996, see section 2 of Pub. L. 104–88, set out as an Effective Date note under section 1301 of this title.
Minimum Financial Responsibility
Pub. L. 114–94, div. A, title V, §5509, Dec. 4, 2015, 129 Stat. 1554, provided that:
"(a)
"(1) the rulemaking's potential impact on—
"(A) the safety of motor vehicle transportation; and
"(B) the motor carrier industry;
"(2) the ability of the insurance industry to provide the required amount of insurance;
"(3) the extent to which current minimum levels of financial responsibility adequately cover—
"(A) medical care;
"(B) compensation; and
"(C) other identifiable costs;
"(4) the frequency with which insurance claims exceed current minimum levels of financial responsibility in fatal accidents; and
"(5) the impact of increased levels on motor carrier safety and accident reduction.
"(b)
"(1)
"(2)
"(A) a review of accidents, injuries, and fatalities in the over-the-road bus and school bus industries;
"(B) a review of insurance held by over-the-road bus and public and private school bus companies, including companies of various sizes, and an analysis of whether such insurance is adequate to cover claims;
"(C) an analysis of whether and how insurance affects the behavior and safety record of motor carriers of passengers, including with respect to crash reduction; and
"(D) an analysis of the anticipated impacts of an increase in financial responsibility on insurance premiums for passenger carriers and service availability.
"(3)
"(A) representatives of the over-the-road bus and private school bus transportation industries, including representatives of bus drivers; and
"(B) insurers of motor carriers of passengers.
"(4)