Page:United States Statutes at Large Volume 109 Part 1.djvu/896

 109 STAT. 880 PUBLIC LAW 104-88 —DEC. 29, 1995 ''§ 13902. Registration of motor carriers "(a) MOTOR CARRIER GENERALLY. — "(1) IN GENERAL.— Except as provided in this section, the Secretary shall register a person to provide transportation subject to jurisdiction under subchapter I of chapter 135 of this title as a motor carrier if the Secretary finds that the person is willing and able to comply with— "(A) this part and the applicable regulations of the Secretary and the Board; "(B) any safety regulations imposed by the Secretary and the safety fitness requirements established by the Secretary under section 31144; and "(C) the minimum financial responsibility requirements established by the Secretary pursuant to sections 13906 and 31138. "(2) CONSIDERATION OF EVIDENCE; FINDINGS.— The Secretary shall consider and, to the extent applicable, make findings on, any evidence demonstrating that the registrant is unable to comply with the requirements of subparagraph (A), (B), or (C) of paragraph (1). "(3) WITHHOLDING.—I f the Secretary determines that any registrant under this section does not meet the requirements of paragraph (1), the Secretary shall withhold registration. "(4) LIMITATION ON COMPLAINTS.— The Secretary may hear a complaint from any person concerning a registration under this subsection only on the ground that the registrant fails or will fail to comply with this part, the applicable regulations of the Secretary and the Board, the safety regulations of the Secretary, or the safety fitness or minimum financial responsibility requirements of paragraph (1) of this subsection. " (b) MOTOR CARRIERS OF PASSENGERS. — " (1) REGISTRATION OF PRIVATE RECIPIENTS OF GOVERN- MENTAL ASSISTANCE. —The Secretary shall register under subsection (a)(1) a private recipient of governmental assistance to provide special or charter transportation subject to jurisdiction under subchapter I of chapter 135 as a motor carrier of passengers if the Secretary finds that the recipient meets the requirements of subsection (a)(1), unless the Secretary finds, on the basis of evidence presented by any person objecting to the registration, that the transportation to be provided pursuant to the registration is not in the public interest. "(2) REGISTRATION OF PUBLIC RECIPIENTS OF GOVERN- MENTAL ASSISTANCE.— "(A) CHARTER TRANSPORTATION.— The Secretary shall register under subsection (a)(1) a public recipient of governmental assistance to provide special or charter transportation subject to jurisdiction under subchapter I of chapter 135 as a motor carrier of passengers if the Secretary finds that— "(i) the recipient meets the requirements of subsection (a)(1); and "(ii)(I) no motor carrier of passengers (other than a motor carrier of passengers which is a public recipient of governmental assistance) is providing, or is willing to provide, the transportation; or

�