Page:United States Statutes at Large Volume 119.djvu/1789

 PUBLIC LAW 109–59—AUG. 10, 2005

119 STAT. 1771

‘‘(4) TERMINATION OF ELIGIBILITY.—If a State fails to submit a plan to the Secretary in accordance with paragraph (1) or withdraws its plan under paragraph (3), the State may not submit or resubmit a plan or participate in the agreement. ‘‘(5) PROVISION OF PLAN TO CHAIRPERSON.—The Secretary shall provide a copy of each plan submitted under this subsection to the chairperson of the board of directors not later than 10 days after date of submission of the plan. ‘‘(f) CONTENTS OF UNIFIED CARRIER REGISTRATION AGREEMENT.—The unified carrier registration agreement shall provide the following: ‘‘(1) FEES.—(A) Fees charged— ‘‘(i) to a motor carrier, motor private carrier, or freight forwarder in connection with the filing of proof of financial responsibility under the UCR agreement shall be based on the number of commercial motor vehicles owned or operated by the motor carrier, motor private carrier, or freight forwarder; and ‘‘(ii) to a broker or leasing company in connection with such a filing shall be equal to the smallest fee charged to a motor carrier, motor private carrier, and freight forwarder or under this paragraph. ‘‘(B) The fees shall be determined by the Secretary based upon the recommendation of the board under subsection (d)(7). ‘‘(C) The board shall develop for purposes of charging fees no more than 6 and no less than 4 brackets of carriers (including motor private carriers) based on the size of fleet. ‘‘(D) The fee scale shall be progressive in the amount of the fee. ‘‘(E) The board may ask the Secretary to adjust the fees within a reasonable range on an annual basis if the revenues derived from the fees— ‘‘(i) are insufficient to provide the revenues to which the States are entitled under this section; or ‘‘(ii) exceed those revenues. ‘‘(2) DETERMINATION OF OWNERSHIP OR OPERATION.—For purposes of this subsection, a commercial motor vehicle is owned or operated by a motor carrier, motor private carrier, or freight forwarder if the vehicle is registered under Federal law or State law, or both, in the name of the motor carrier, motor private carrier, or freight forwarder or is controlled by the motor carrier, motor private carrier, or freight forwarder under a long term lease during a vehicle registration year. ‘‘(3) CALCULATION OF NUMBER OF COMMERCIAL MOTOR VEHICLES OWNED OR OPERATED.—The number of commercial motor vehicles owned or operated by a motor carrier, motor private carrier, or freight forwarder for purposes of paragraph (1) shall be based either on the number of commercial motor vehicles the motor carrier, motor private carrier, or freight forwarder has indicated it operates on its most recently filed MCS–150 or the total number of such vehicles it owned or operated for the 12-month period ending on June 30 of the year immediately prior to the registration year of the Unified Carrier Registration System. A motor carrier may include in the calculation of its fleet size for purposes of paragraph (1) any commercial motor vehicle. Motor carriers and motor private carriers in the calculation of their fleet size for purposes of

VerDate 14-DEC-2004

13:51 Oct 26, 2006

Jkt 039194

PO 00002

Frm 00628

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL002.119

Deadline.

APPS06

PsN: PUBL002

�