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United States · Bill · S

S. 539 (102nd)

A bill to amend title 23, United States Code, relating to motor carrier transportation.

referredUnited States· United States Congress· EN

Introduced

5 March 1991

Last action

Status

Read twice and referred to the Committee on Commerce.

Sponsors

Subjects

Discovery layer

Source updated

14 January 2025

Summary

Amends Federal law to authorize States to assess a tax or fee on motor carriers operating vehicles registered in another State only if: (1) the tax or fee is apportioned based on miles driven in the State or on some other equitable measure of such carrier's or vehicle's contact with such State; (2) the tax or fee does not discriminate against interstate commerce; (3) the tax or fee is related to the services provided to the carrier or vehicle; and (4) the activity with respect to which the tax or fee is being assessed has a substantial nexus with the State. Authorizes a State to require an interstate motor carrier to register vehicles the carrier intends to operate within the State and collect a registration tax or fee. Authorizes States to require interstate motor carriers to report the fuel used by its vehicles within such State and to pay a related tax or fee. Prohibits any State, except Hawaii and Alaska, from requiring registration or fuel use reports, or imposing related taxes or fees, on or after December 31, 1992 (registration) and 1996 (fuel use reports), unless it is a member of the International Registration Plan or the International Fuel Tax Agreement. Prohibits a local government from assessing a tax or fee on a motor carrier if the carrier's only business activity within the local government jurisdiction is: (1) the delivery or pickup of property; (2) the use of streets or roads; or (3) the solicitation, sale, or advertising of transportation services by a motor carrier not domiciled in such jurisdiction. Prohibits a State from assessing a tax or fee (except for vehicle registration, fuel tax reporting, and direct highway use) on a motor carrier if the carrier's only business activity in the State is to transport fully or partially loaded or empty vehicles through the State. Grants Federal district courts concurrent jurisdiction to prevent violations of this Act. Provides for: (1) injunctive relief to enforce this Act; and (2) refund to carriers of any moneys paid to a State in violation of this Act.

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Documents

2 official files

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Sources

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