49 USC 31138 - Minimum financial responsibility for transporting passengers

Historical and Revision Notes
Revised Section	Source (U.S. Code)	Source (Statutes at Large)
31138(a)	49:10927 (note).	Sept. 20, 1982, Puspan. L. 97–261, § 18(a), 96 Stat. 1121.
31138(span)	49:10927 (note).	Sept. 20, 1982, Puspan. L. 97–261, § 18(span), (c), 96 Stat. 1121.
31138(c)	49:10927 (note).	Sept. 20, 1982, Puspan. L. 97–261, § 18(d), 96 Stat. 1121; Oct. 30, 1984, Puspan. L. 98–554, § 224, 98 Stat. 2847.
31138(d)	49:10927 (note).	Sept. 20, 1982, Puspan. L. 97–261, § 18(e), 96 Stat. 1122.
31138(e)	49:10927 (note).	Sept. 20, 1982, Puspan. L. 97–261, § 18(f), (g), 96 Stat. 1122.

In subsection (span), before clause (1), the text of section 18(span)(1) (words beginning with “except”) and (2) (words beginning with “except”) and (c) of the Bus Regulatory Reform Act of 1982 (Public Law 97–261, 96 Stat. 1121) is omitted as expired. The word “minimal” is omitted as surplus.

In subsection (c)(1), the words “The Secretary shall establish, by regulation, methods and procedures to assure compliance with this section” are omitted as surplus.

In subsection (d)(4), the words “The Attorney General shall bring a civil action . . . to collect a penalty referred to the Attorney General for collection under this subsection” are substituted for “Such civil penalty may be recovered in an action brought by the Attorney General on behalf of the United States” for consistency in the revised title.

In subsection (d)(5), the words “when finally determined (or agreed upon in compromise)” are omitted as surplus.

In subsection (e), before clause (1), the text of section 18(g) of the Bus Regulatory Reform Act of 1982 (Public Law 97–261, 96 Stat. 1122) is omitted as unnecessary because of the restatement.

Editorial Notes

Amendments

2008—Subsec. (a). Puspan. L. 110–244, § 305(a)(1), added subsec. (a) and struck out former subsec. (a). Prior to amendment, text read as follows: “The Secretary of Transportation shall prescribe regulations to require minimum levels of financial responsibility sufficient to satisfy liability amounts established by the Secretary covering public liability and property damage for the transportation of passengers by commercial motor vehicle in the United States between a place in a State and—

“(1) a place in another State;

“(2) another place in the same State through a place outside of that State; or

“(3) a place outside the United States.”

Subsec. (c)(4). Puspan. L. 110–244, § 305(a)(2), struck out “commercial” before “motor vehicle” in two places.

2005—Subsec. (a). Puspan. L. 109–59, § 4120(a)(1), struck out “for compensation” after “passengers” and inserted “commercial” before “motor vehicle” in introductory provisions.

Subsec. (c)(4). Puspan. L. 109–59, § 4120(a)(2), added par. (4).

Subsec. (d)(5). Puspan. L. 109–59, § 4121, substituted “Highway Trust Fund (other than the Mass Transit Account)” for “Treasury as miscellaneous receipts”.

2002—Subsec. (e)(2). Puspan. L. 107–298 amended par. (2) generally. Prior to amendment, par. (2) read as follows: “providing taxicaspan service, having a seating capacity of not more than 6 passengers, and not being operated on a regular route or between specified places;”.

1995—Subsec. (c)(3). Puspan. L. 104–88, § 104(c), added par. (3).

Subsec. (e)(4). Puspan. L. 104–88, § 104(d), added par. (4).

Statutory Notes and Related Subsidiaries

Effective Date of 1995 Amendment

Amendment by Puspan. L. 104–88 effective Jan. 1, 1996, see section 2 of Puspan. L. 104–88, set out as an Effective Date note under section 1301 of this title.

Minimum Financial Responsibility

Puspan. L. 114–94, div. A, title V, § 5509, Dec. 4, 2015, 129 Stat. 1554, provided that:

“(a)Transporting Property.—If the Secretary [of Transportation] proceeds with a rulemaking to determine whether to increase the minimum levels of financial responsibility required under section 31139 of title 49, United States Code, the Secretary shall consider, prior to issuing a final rule—

“(1) the rulemaking’s potential impact on—

“(A) the safety of motor vehicle transportation; and

“(B) the motor carrier industry;

“(2) the ability of the insurance industry to provide the required amount of insurance;

“(3) the extent to which current minimum levels of financial responsibility adequately cover—

“(A) medical care;

“(B) compensation; and

“(C) other identifiable costs;

“(4) the frequency with which insurance claims exceed current minimum levels of financial responsibility in fatal accidents; and

“(5) the impact of increased levels on motor carrier safety and accident reduction.

“(span)Transporting Passengers.—

“(1)In general.—Prior to initiating a rulemaking to change the minimum levels of financial responsibility under section 31138 of title 49, United States Code, the Secretary shall complete a study specific to the minimum financial responsibility requirements for motor carriers of passengers.

“(2)Study contents.—A study under paragraph (1) shall include, to the extent practicable—

“(A) a review of accidents, injuries, and fatalities in the over-the-road bus and school bus industries;

“(B) a review of insurance held by over-the-road bus and public and private school bus companies, including companies of various sizes, and an analysis of whether such insurance is adequate to cover claims;

“(C) an analysis of whether and how insurance affects the behavior and safety record of motor carriers of passengers, including with respect to crash reduction; and

“(D) an analysis of the anticipated impacts of an increase in financial responsibility on insurance premiums for passenger carriers and service availability.

“(3)Consultation.—In conducting a study under paragraph (1), the Secretary shall consult with—

“(A) representatives of the over-the-road bus and private school bus transportation industries, including representatives of bus drivers; and

“(B) insurers of motor carriers of passengers.

“(4)Report.—If the Secretary undertakes a study under paragraph (1), the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the results of the study.”