Federal · Title 49 — Transportation
49 U.S.C. § 31139: Minimum financial responsibility for transporting property
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designed or adapted and used only for agriculture; operated by a motor private carrier (as defined in section 10102 of this title ); and operated only incidentally on highways. “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. “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 place in another State; another place in the same State through a place outside of that State; or a place outside the United States. The level of financial responsibility established under paragraph (1) of this subsection shall be at least $750,000. 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. hazardous material (as defined by the Secretary); oil or hazardous substances (as defined by the Administrator of the Environmental Protection Agency); or hazardous wastes (as defined by the Administrator). 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; in bulk of class A explosives, poison gas, liquefied gas, or compressed gas; or of large quantities of radioactive material. the chief executive officer of the territory requests the reduction; the reduction will prevent a serious disruption in transportation service and will not adversely affect public safety; and insurance of $5,000,000 is not readily available. a class of vehicles transporting such a material, oil, substance, or waste in intrastate commerce (except in bulk); and a farm vehicle transporting such a material or substance in interstate commerce (except in bulk). Regulations prescribed under this section may allow foreign motor carriers and foreign motor private carriers (as those terms are defined in section 10530 of this title ) providing transportation of property under a certificate of registration issued under section 10530 to meet the minimum levels of financial responsibility under this section only when those carriers are providing transportation for property in the United States. insurance. a guarantee. a surety bond issued by a bonding company authorized to do business in the United States. qualification as a self-insurer. 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. 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. If, after notice and an opportunity for a hearing, the Secretary of Transportation finds that a person (except an employee acting without knowledge) has knowingly violated this section or a regulation prescribed under this section, the person is liable to the United States Government for a civil penalty of not more than $10,000 for each violation. A separate violation occurs for each day the violation continues. the nature, circumstances, extent, and gravity of the violation; 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 other matters that justice requires. The Secretary of Transportation may compromise the penalty before referring the matter to the Attorney General for collection. 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. 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). class A or B explosives; poison gas; or a large quantity of radioactive material.
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