[Code of Federal Regulations]
[Title 49, Volume 5]
[Revised as of October 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR367.4]

[Page 54-56]
 
                        TITLE 49--TRANSPORTATION
 
                      DEPARTMENT OF TRANSPORTATION
 
PART 367_STANDARDS FOR REGISTRATION WITH STATES--Table of Contents
 
               Subpart A_Single State Registration System
 
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.
    (b) A motor carrier operating in interstate or foreign commerce in 
one or more participating States under a

[[Page 55]]

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 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

[[Page 56]]

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]