Page:United States Statutes at Large Volume 119.djvu/1791

 PUBLIC LAW 109–59—AUG. 10, 2005

119 STAT. 1773

and the amount distributed to it from the depository shall not exceed the amount to which the State is entitled under subsection (g). ‘‘(B) After all distributions under subparagraph (A) have been made, to pay the administrative costs of the UCR plan and the UCR agreement. ‘‘(4) RETENTION OF CERTAIN EXCESS FUNDS.—Any excess funds held by the depository after distributions and payments under paragraphs (3)(A) and (3)(B) shall be retained in the depository, and the fees charged under the UCR agreement to motor carriers, motor private carriers, leasing companies, freight forwarders, and brokers for the next fee year shall be reduced by the Secretary accordingly. ‘‘(i) ENFORCEMENT.— ‘‘(1) CIVIL ACTIONS.—Upon request by the Secretary, the Attorney General may bring a civil action in the United States district court described in paragraph (2) to enforce an order issued to require compliance with this section and with the terms of the UCR agreement. ‘‘(2) VENUE.—An action under this section may be brought only in a United States district court in the State in which compliance with the order is required. ‘‘(3) RELIEF.—Subject to section 1341 of title 28, the court, on a proper showing shall issue a temporary restraining order or a preliminary or permanent injunction requiring that the State or any person comply with this section. ‘‘(4) ENFORCEMENT BY STATES.—Nothing in this section— ‘‘(A) prohibits a participating State from issuing citations and imposing reasonable fines and penalties pursuant to the applicable laws and regulations of the State on any motor carrier, motor private carrier, freight forwarder, broker, or leasing company for failure to— ‘‘(i) submit information documents as required under subsection (d)(2); or ‘‘(ii) pay the fees required under subsection (f); or ‘‘(B) authorizes a State to require a motor carrier, motor private carrier, or freight forwarder to display as evidence of compliance any form of identification in excess of those permitted under section 14506 on or in a commercial motor vehicle. ‘‘(j) APPLICATION TO INTRASTATE CARRIERS.—Notwithstanding any other provision of this section, a State may elect to apply the provisions of the UCR agreement to motor carriers and motor private carriers and freight forwarders subject to its jurisdiction that operate solely in intrastate commerce within the borders of the State.’’. (c) CLERICAL AMENDMENT.—The analysis for such chapter is amended by inserting after the item relating to section 14504 the following: ‘‘14504a. Unified Carrier Registration System plan and agreement.’’. SEC. 4306. IDENTIFICATION OF VEHICLES.

(a) IN GENERAL.—Chapter 145 of title 49, United States Code; is amended by adding at the end the following:

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