Tennessee § 65-15-101 - Purpose — Participation in the unified carrier registration system.

§ 65-15-101. Purpose — Participation in the unified carrier registration system.

It is declared that the legislation contained in this part is enacted for the sole purpose of promoting and conserving the interest and convenience of the public by conferring upon the department of revenue and the department of safety the power and authority, and making it the duty of the department of revenue and the department of safety to supervise and regulate the transportation of persons and property by motor vehicle over or upon the public highways of this state, and to supervise and regulate certain businesses closely allied with such motor transportation, so as to: Regulate, foster, promote and preserve proper and economically sound transportation and authorize and permit proper coordination of all transportation facilities; Relieve existing and future undue burdens upon the highways arising by reason of their use by motor vehicles; Protect the welfare and safety of the traveling and shipping public in their use of the highways, and in their contact with the agencies of motor transportation and allied occupations; and Protect the property of the state and its highways from unreasonable, improper or excessive use. It is the intent of the general assembly that this state participate in the unified carrier registration system beginning with the date that it is established by the secretary of the United States department of transportation, in accordance with 49 U.S.C. § 13908. Pursuant to this intent, the commissioner of revenue is authorized to participate in the unified carrier registration plan and agreement established in accordance with 49 U.S.C. § 14504a, and to file on behalf of this state the plan required by 49 U.S.C. § 14504a(e). Notwithstanding any other law to the contrary, on and after the date on which the secretary of the United States department of transportation establishes the unified carrier registration system in accordance with 49 U.S.C. § 13908, no foreign or domestic motor carrier, motor private carrier, leasing company, broker or freight forwarder, as defined in title 49 of the United States Code, shall operate any motor vehicles on the highways of this state without first registering with a base state under the unified carrier registration system and paying all fees required under the federal Unified Carrier Registration Act of 2005, compiled generally throughout title 49 of the United States Code. Notwithstanding any other law to the contrary, on and after the date on which the secretary of the United States department of transportation establishes the unified carrier registration system in accordance with 49 U.S.C. § 13908, the commissioner of revenue shall follow rules governing the unified carrier registration agreement issued under the unified carrier registration plan by its board of directors. The commissioner shall follow rules and collect fee assessments set by the federal secretary of transportation from foreign and domestic motor carriers, motor private carriers, leasing companies, brokers, and freight forwarders, and do all things necessary to enable this state to participate in the federal unified carrier registration agreement pursuant to the federal Unified Carrier Registration Act of 2005. Acts 1933, ch. 119, § 21; C. Supp. 1950, § 5501.23 (Williams, § 5501.21); impl. am. Acts 1955, ch. 69, § 1; T.C.A. (orig. ed.), § 65-1501; Acts 1995, ch. 305, § 30; 2007, ch. 484, § 97. Compiler's Notes. Acts 1995, ch. 305, § 11 provided that in order to carry out its functions, duties and responsibilities maintained under the provisions of Acts 1995, ch. 305, the public service commission shall retain and have the authority to exercise any and all of its powers and duties existing under title 65 prior to enactment of Acts 1995, ch. 305, including, but not limited to, the power to subpoena, the power to take evidence, and the power to examine. Upon the termination of the public service commission, the Tennessee regulatory authority is expressly granted the same powers and duties as set forth above for the public service commission in order to carry out its responsibilities established by the provisions of Acts 1995, ch. 305. Acts 1995, ch. 305, § 46 provided: “(a) Notwithstanding any provision of law to the contrary, upon the effective date of this section [May 26, 1995] all enforcement officers of the public service commission charged with the responsibilities of policing and enforcing the provisions of Tennessee Code Annotated, Title 65, Chapter 15, and any other employees of the public service commission necessary to assist in such policing and enforcing, shall be transferred to the department of safety, created by Tennessee Code Annotated, Section 4-3-101. “(b) All reports, documents, surveys, books, records, papers or other writings in the possession of the public service commission with respect to administering the enforcement of Title 65, assigned to the department of safety by this act, shall be transferred to and remain in the custody of the department of safety. “(c) All leases, contracts and all contract rights, and responsibilities in existence with the public service commission with respect to the duties transferred by this section shall be preserved and transferred to the department of safety. “(d) All assets, liabilities and obligations of the public service commission with respect to the duties transferred by this section shall become the assets, liabilities and obligations of the department of safety. “(e) Any revenues from rates, fares, charges, fines, and other moneys received pursuant to Tennessee Code Annotated, Title 65, assigned to the department of safety by this act, shall be allocated to the department of safety as approved by the transition team pursuant to Section 48 to implement the provisions of this act. “(f) The commissioner of safety shall promulgate rules and regulations pursuant to Title 4, Chapter 5, to effectuate the purposes of this act.” Cross-References. Apportionment of capital for purposes of franchise tax, § 67-4-2111 . Apportionment of earnings for excise tax purposes, § 67-4-2011 . Assessment of property for tax purposes, title 67, ch. 5, part 13. Citizen transportation areas designated, § 65-15-115 . Enforcement by highway patrol, § 4-7-105 . Interstate commerce and government business excepted, § 65-15-105 . Liability insurance required, § 65-15-110 . Municipal powers to acquire and subsidize transportation systems, §§ 7-56-101 — 7-56-108 . Passenger transportation services, title 7, ch. 51, part 10. Procedure for obtaining certificate or permit, § 65-15-109 . Transportation of intoxicating liquors, § 39-17-704 . Textbooks. Tennessee Jurisprudence, 4 Tenn. Juris., Automobiles, § 22; 5 Tenn. Juris., Carriers, §§ 2, 58. Law Reviews. Administrative Law — 1961 Tennessee Survey (Val Sanford), 14 Vand. L. Rev. 1115 (1961). Social Performance of Public Utilities — Effects of Monopoly and of Monopoly and Competition, 17 Tenn. L. Rev. 308 (1942).