[Code of Federal Regulations]

[Title 49, Volume 5]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR367.4]



[Page 53-55]

 

                        TITLE 49--TRANSPORTATION

 

                      DEPARTMENT OF TRANSPORTATION

 

PART 367_STANDARDS FOR REGISTRATION WITH STATES--Table of Contents

 

Sec. 367.4  Requirements for registration.



    (a) Except as provided in paragraph (c)(1) of this section with 

regard to a carrier operating under temporary authority, only a motor 

carrier holding a certificate or permit issued by the Secretary under 49 

U.S.C. 13902 shall be required to register under these standards.



[[Page 54]]



    (b) A motor carrier operating in interstate or foreign commerce in 

one or more participating States under a certificate or permit issued by 

the Secretary shall be required to register annually with a single 

registration State, and such registration shall be deemed to satisfy the 

registration requirements of all participating States.

    (1) The registration year will be the calendar year.

    (2) A carrier must file its annual registration application between 

the 1st day of August and the 30th day of November of the year preceding 

the registration year. A carrier that intends to commence operating 

during the current registration year may register at any time, but it 

must do so before it commences operating.

    (3) The registration application must be in the form appended to 

this part and must contain the information and be accompanied by the 

fees specified in paragraph (c) of this section. There will be no 

prorating of fees to account for partial year operations.

    (4) A carrier that has changed its registration State since its last 

filing must identify the registration State with which it previously 

filed.

    (c) A motor carrier must file, or cause to be filed, the following 

with its registration State:

    (1) Copies of its certificates and/or permits. A carrier must 

supplement its filing by submitting copies of any new operating 

authorities as they are issued. Once a carrier has submitted copies of 

its authorities, it may thereafter satisfy the filing requirement by 

certifying that the copies are on file. A carrier may, with the 

permission of its registration State, submit a summary of its operating 

authorities in lieu of copies. A carrier granted emergency temporary 

authority or temporary authority having a duration of 120 days or less 

is not required to file evidence of such authority, but it must 

otherwise comply with the requirements of this section;

    (2) A copy of its proof of public liability security submitted to 

and accepted by the Secretary under 49 CFR part 387, subpart C or a copy 

of an order of the Secretary approving a public liability self-insurance 

application or other public liability security or agreement under the 

provisions of that part. A carrier must supplement its filings as 

necessary to ensure that current information is on file. Once a carrier 

has submitted, or caused to be submitted, a copy of its proof or order 

of the Secretary, it may thereafter satisfy the filing requirement by 

certifying that it has done so and that its security, self-insurance, or 

agreement remains in effect;

    (3) A copy of its designation of an agent or agents for service of 

process submitted to and accepted by the Secretary under 49 CFR part 

366. A carrier must supplement its filings as necessary to ensure that 

current information is on file. Once a carrier has submitted a copy of 

its designation, it may thereafter satisfy the filing requirement by 

certifying that its designation is on file; and

    (4) A fee for the filing of proof of insurance. In support of such 

fee, the carrier must submit the following information:

    (i) The number of motor vehicles it intends to operate in each 

participating State during the next registration year;

    (ii) The per vehicle fee each pertinent participating State charges, 

which fee must equal the fee, not to exceed $10, that such State 

collected or charged as of November 15, 1991;

    (iii) The total fee due each participating State; and

    (iv) The total of all fees specified in paragraph (c)(4)(iii) of 

this section.

    (d) Consistent with its obligations under paragraph (c)(2) of this 

section, a carrier must cause to be timely filed with its registration 

State copies of any notices of cancellation or of any replacement 

certificates of insurance, surety bonds, or other security filed with 

the Secretary under 49 CFR part 387, subpart C.

    (e) A carrier must make such supplemental filings at any time during 

the registration year as may be necessary to specify additional vehicles 

and/or States of operation and to pay additional fees.

    (f) A motor carrier must submit to its insurer or insurers a copy of 

the supporting information, including any supplemental information, 

filed with



[[Page 55]]



its registration State under paragraphs (c)(4) and (e) of this section.

    (g) The charging or collection of any fee that is not in accordance 

with the fee system established above is deemed a burden on interstate 

commerce. This includes fees for the registration or filing of evidence 

of insurance whether assessed directly upon the carrier or indirectly 

upon the insurance provider or other party who seeks reimbursement from 

the carrier.

    (h) To the extent any State registration requirement imposes 

obligations in excess of those specified in this part, the requirement 

is an unreasonable burden on transportation within the Secretary's 

jurisdiction under 49 U.S.C. 13501.



[58 FR 28933, May 18, 1993. Redesignated at 61 FR 54707, Oct. 21, 1996, 

as amended at 62 FR 15420, Apr. 1, 1997]