49 USC 13301 - Powers

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 10321 of this title prior to the general amendment of this subtitle by Puspan. L. 104–88, § 102(a).

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Jan. 1, 1996, except as otherwise provided in Puspan. L. 104–88, see section 2 of Puspan. L. 104–88, set out as a note under section 1301 of this title.

Broker Guidance Relating to Federal Motor Carrier Safety Regulations

Puspan. L. 117–58, div. B, title III, § 23021, Nov. 15, 2021, 135 Stat. 777, provided that:

“(a)In General.—Not later than 1 year after the date of enactment of this Act [Nov. 15, 2021], the Secretary [of Transportation] shall issue guidance to clarify the definitions of the terms ‘broker’ and ‘bona fide agents’ in section 371.2 of title 49, Code of Federal Regulations.

“(span)Considerations.—In issuing guidance under subsection (a), the Secretary shall take into consideration—

“(1) the extent to which technology has changed the nature of freight brokerage;

“(2) the role of bona fide agents; and

“(3) other aspects of the freight transportation industry.

“(c)Dispatch Services.—In issuing guidance under subsection (a), the Secretary shall, at a minimum—

“(1) examine the role of a dispatch service in the transportation industry;

“(2) examine the extent to which dispatch services could be considered brokers or bona fide agents; and

“(3) clarify the level of financial penalties for unauthorized brokerage activities under section 14916 of title 49, United States Code, applicable to a dispatch service.”