49 U.S.C. § 31139
Section 31139 · Minimum financial responsibility for transporting property
Current version, with additions and removals from the July 5, 1994 version.
(a) Definitions.—In this section—
(a) Definitions.—In this section—
(1) “farm vehicle” means a vehicle—
(1) “farm vehicle” means a vehicle—
(A) designed or adapted and used only for agriculture;
(A) designed or adapted and used only for agriculture;
(B) operated by a motor private carrier (as defined in section 10102 of this title); and
(B) operated by a motor private carrier (as defined in section 10102 of this title); and
(C) operated only incidentally on highways.
(C) operated only incidentally on highways.
(2) “interstate commerce” includes transportation between a place in a State and a place outside the United States, to the extent the transportation is in the United States.
(2) “interstate commerce” includes transportation between a place in a State and a place outside the United States, to the extent the transportation is in the United States.
(3) “State” means a State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.
(3) “State” means a State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.
(A) a place in another State;
(A) a place in another State;
(B) another place in the same State through a place outside of that State; or
(B) another place in the same State through a place outside of that State; or
(C) a place outside the United States.
(C) a place outside the United States.
(2) The level of financial responsibility established under paragraph (1) of this subsection shall be at least $750,000.
(2) The level of financial responsibility established under paragraph (1) of this subsection shall be at least $750,000.
(c) Filing of Evidence of Financial Responsibility.—The Secretary may require a motor private carrier (as defined in section 13102) to file with the Secretary the evidence of financial responsibility specified in subsection (b) in an amount not less than the greater of the minimum amount required by this section or the amount required for such motor private carrier to transport property under the laws of the State or States in which the motor private carrier is operating; except that the amount of the financial responsibility must be sufficient to pay not more than the amount of the financial responsibility for each final judgment against the motor private carrier for bodily injury to, or death of, an individual resulting from negligent operation, maintenance, or use of the motor vehicle, or for loss or damage to property, or both.
(A) hazardous material (as defined by the Secretary);
(A) hazardous material (as defined by the Secretary);
(B) oil or hazardous substances (as defined by the Administrator of the Environmental Protection Agency); or
(B) oil or hazardous substances (as defined by the Administrator of the Environmental Protection Agency); or
(C) hazardous wastes (as defined by the Administrator).
(C) hazardous wastes (as defined by the Administrator).
(2)(A) Except as provided in subparagraph (B) of this paragraph, the level of financial responsibility established under paragraph (1) of this subsection shall be at least $5,000,000 for the transportation—
(2)(A) Except as provided in subparagraph (B) of this paragraph, the level of financial responsibility established under paragraph (1) of this subsection shall be at least $5,000,000 for the transportation—
(i) of hazardous substances (as defined by the Administrator) in cargo tanks, portable tanks, or hopper-type vehicles, with capacities of more than 3,500 water gallons;
(i) of hazardous substances (as defined by the Administrator) in cargo tanks, portable tanks, or hopper-type vehicles, with capacities of more than 3,500 water gallons;
(ii) in bulk of class A explosives, poison gas, liquefied gas, or compressed gas; or
(ii) in bulk of class A explosives, poison gas, liquefied gas, or compressed gas; or
(iii) of large quantities of radioactive material.
(iii) of large quantities of radioactive material.
(B) The Secretary of Transportation by regulation may reduce the minimum level in subparagraph (A) of this paragraph (to an amount not less than $1,000,000) for transportation described in subparagraph (A) in any of the territories of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands if—
(B) The Secretary of Transportation by regulation may reduce the minimum level in subparagraph (A) of this paragraph (to an amount not less than $1,000,000) for transportation described in subparagraph (A) in any of the territories of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands if—
(i) the chief executive officer of the territory requests the reduction;
(i) the chief executive officer of the territory requests the reduction;
(ii) the reduction will prevent a serious disruption in transportation service and will not adversely affect public safety; and
(ii) the reduction will prevent a serious disruption in transportation service and will not adversely affect public safety; and
(iii) insurance of $5,000,000 is not readily available.
(iii) insurance of $5,000,000 is not readily available.
(3) The level of financial responsibility established under paragraph (1) of this subsection for the transportation of a material, oil, substance, or waste not subject to paragraph (2) of this subsection shall be at least $1,000,000. However, if the Secretary of Transportation finds it will not adversely affect public safety, the Secretary by regulation may reduce the amount for—
(3) The level of financial responsibility established under paragraph (1) of this subsection for the transportation of a material, oil, substance, or waste not subject to paragraph (2) of this subsection shall be at least $1,000,000. However, if the Secretary of Transportation finds it will not adversely affect public safety, the Secretary by regulation may reduce the amount for—
(A) a class of vehicles transporting such a material, oil, substance, or waste in intrastate commerce (except in bulk); and
(A) a class of vehicles transporting such a material, oil, substance, or waste in intrastate commerce (except in bulk); and
(B) a farm vehicle transporting such a material or substance in interstate commerce (except in bulk).
(B) a farm vehicle transporting such a material or substance in interstate commerce (except in bulk).
(A) insurance.
(A) insurance.
(B) a guarantee.
(B) a guarantee.
(C) a surety bond issued by a bonding company authorized to do business in the United States.
(C) a surety bond issued by a bonding company authorized to do business in the United States.
(D) qualification as a self-insurer.
(D) qualification as a self-insurer.
(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.
(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.
(2) The Secretary of Transportation shall impose the penalty by written notice. In determining the amount of the penalty, the Secretary shall consider—
(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;
(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
(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.
(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.
(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.
(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.
(1) class A or B explosives;
(1) class A or B explosives;
(2) poison gas; or
(2) poison gas; or
(3) a large quantity of radioactive material.
(3) a large quantity of radioactive material.