Page:United States Statutes at Large Volume 119.djvu/1783

 PUBLIC LAW 109–59—AUG. 10, 2005

119 STAT. 1765

‘‘(1) COMMERCIAL MOTOR VEHICLE.— ‘‘(A) IN GENERAL.—Except as provided in subparagraph (B), the term ‘commercial motor vehicle’ has the meaning such term has under section 31101. ‘‘(B) EXCEPTION.—With respect to a motor carrier required to make any filing or pay any fee to a State with respect to the motor carrier’s authority or insurance related to operation within such State, the motor carrier shall have the option to include, in addition to commercial motor vehicles as defined in subparagraph (A), any selfpropelled vehicle used on the highway in commerce to transport passengers or property for compensation regardless of the gross vehicle weight rating of the vehicle or the number of passengers transported by such vehicle. ‘‘(2) BASE-STATE.— ‘‘(A) IN GENERAL.—Subject to subparagraph (B), the term ‘base-State’ means, with respect to a unified carrier registration agreement, a State— ‘‘(i) that is in compliance with the requirements of subsection (e); and ‘‘(ii) in which the motor carrier, motor private carrier, broker, freight forwarder, or leasing company to which the agreement applies maintains its principal place of business. ‘‘(B) DESIGNATION OF BASE-STATE.—A motor carrier, motor private carrier, broker, freight forwarder, or leasing company may designate another State in which it maintains an office or operating facility to be its base-State in the event that— ‘‘(i) the State in which the motor carrier, motor private carrier, broker, freight forwarder, or leasing company maintains its principal place of business is not in compliance with the requirements of subsection (e); or ‘‘(ii) the motor carrier, motor private carrier, broker, freight forwarder, or leasing company does not have a principal place of business in the United States. ‘‘(3) INTRASTATE FEE.—The term ‘intrastate fee’ means any fee, tax, or other type of assessment, including per vehicle fees and gross receipts taxes, imposed on a motor carrier or motor private carrier for the renewal of the intrastate authority or insurance filings of such carrier with a State. ‘‘(4) LEASING COMPANY.—The term ‘leasing company’ means a lessor that is engaged in the business of leasing or renting for compensation motor vehicles without drivers to a motor carrier, motor private carrier, or freight forwarder. ‘‘(5) MOTOR CARRIER.—The term ‘motor carrier’ includes all carriers that are otherwise exempt from this part under subchapter I of chapter 135 or exemption actions by the former Interstate Commerce Commission under this title. ‘‘(6) PARTICIPATING STATE.—The term ‘participating State’ means a State that has complied with the requirements of subsection (e). ‘‘(7) SSRS.—The term ‘SSRS’ means the single state registration system in effect on the date of enactment of this section.

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