Sec. 32101. REGISTRATION OF MOTOR CARRIERS
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## SEC. 32101 REGISTRATION OF MOTOR CARRIERS ###
(a)Registration Requirements Section 13902(a)(1) is amended to read as follows: > > #### “(1) In general > > Except as otherwise provided in this section, the Secretary of Transportation shall register a person to provide transportation subject to jurisdiction under subchapter I of chapter 135 as a motor carrier only if the Secretary determines that the person— > > > ##### “(A) > > is willing and able to comply with— > > > ###### “(i) > > this part and the applicable regulations of the Secretary and the Board; > > > ###### “(ii) > > any safety regulations imposed by the Secretary; > > > ###### “(iii) > > the duties of employers and employees established by the Secretary under section 31135; > > > ###### “(iv) > > the safety fitness requirements established by the Secretary under section 31144; > > > ###### “(v) > > the accessibility requirements established by the Secretary under subpart H of part 37 of title 49, Code of Federal Regulations (or successor regulations), for transportation provided by an over-the-road bus; and > > > ###### “(vi) > > the minimum financial responsibility requirements established by the Secretary under sections 13906, 31138, and 31139; > > > ##### “(B) > > has been issued a USDOT number under section 31134; > > > ##### “(C) > > has disclosed any relationship involving common ownership, common management, common control, or common familial relationship between that person and any other motor carrier, freight forwarder, or broker, or any other applicant for motor carrier, freight forwarder, or broker registration, if the relationship occurred in the 3-year period preceding the date of the filing of the application for registration; and > > > ##### “(D) > > after the Secretary establishes a written proficiency examination pursuant to section 32101(b) of the Commercial Motor Vehicle Safety Enhancement Act of 2012, has passed the written proficiency examination.” > . ###
(b)Written Proficiency Examination **[**[49 U.S.C. 13902 note](/us/usc/t49/s13902)**]** Not later than 18 months after the date of enactment of this Act, the Secretary shall establish through a rulemaking a written proficiency examination for applicant motor carriers pursuant to section 13902(a)(1)(D) of title 49, United States Code. The written proficiency examination shall test a person’s knowledge of applicable safety regulations, standards, and orders of the Federal government. ###
(c)Conforming Amendment Section 210(b) of the Motor Carrier Safety Improvement Act of 1999 (49 U.S.C. 31144 note) is amended— ####
(1)by inserting “, commercial regulations, and provisions of subpart H of part 37 of title 49, Code of Federal Regulations, or successor regulations” after “applicable safety regulations”; and ####
(2)by striking “consider the establishment of” and inserting “establish”. ###
(d)Transportation of Agricultural Commodities and Farm Supplies Section 229(a)(1) of the Motor Carrier Safety Improvement Act of 1999 (49 U.S.C. 31136 note) is amended to read as follows: > > #### “(1) Transportation of agricultural commodities and farm supplies > > Regulations prescribed by the Secretary under sections 31136 and 31502 regarding maximum driving and on-duty time for drivers used by motor carriers shall not apply during planting and harvest periods, as determined by each State, to— > > > ##### “(A) > > drivers transporting agricultural commodities from the source of the agricultural commodities to a location within a 150 air-mile radius from the source; > > > ##### “(B) > > drivers transporting farm supplies for agricultural purposes from a wholesale or retail distribution point of the farm supplies to a farm or other location where the farm supplies are intended to be used within a 150 air-mile radius from the distribution point; or > > > ##### “(C) > > drivers transporting farm supplies for agricultural purposes from a wholesale distribution point of the farm supplies to a retail distribution point of the farm supplies within a 150 air-mile radius from the wholesale distribution point.” > .
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