---
kind: "section"
citation: "49 U.S.C. § 13904"
title: "49"
title_heading: "Transportation"
number: "13904"
heading: "Registration of brokers"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/49/13904"
units:
  - "Subtitle IV — Interstate Transportation"
  - "Part B — Motor Carriers, Water Carriers, Brokers, and Freight Forwarders"
  - "Chapter 139 — Registration"
---

# §13904. Registration of brokers

- (a) **In General.—** The [Secretary](/usc/49/13102.md?p=20) shall register, subject to [section 13906(b)](/usc/49/13906.md?p=b), a [person](/usc/49/13102.md?p=18) to be a [broker](/usc/49/13102.md?p=2) for [transportation](/usc/49/10102.md?p=9) of property subject to jurisdiction under subchapter I of [chapter 135](/usc/49/chstIV/ptB/ch135.md), if the [Secretary](/usc/49/13102.md?p=20) determines that the [person](/usc/49/13102.md?p=18)—
  - (1) has sufficient experience to qualify the [person](/usc/49/13102.md?p=18) to act as a [broker](/usc/49/13102.md?p=2) for [transportation](/usc/49/10102.md?p=9); and
  - (2) is fit, willing, and able to be a [broker](/usc/49/13102.md?p=2) for [transportation](/usc/49/10102.md?p=9) and to comply with this part and applicable regulations of the [Secretary](/usc/49/13102.md?p=20).
- (b) **Duration.—** A registration issued under [subsection (a)](#a) shall only remain in effect while the [broker](/usc/49/13102.md?p=2) for [transportation](/usc/49/10102.md?p=9) is in compliance with [section 13906(b)](/usc/49/13906.md?p=b).
- (c) **Experience or Training Requirements.—** Each [broker](/usc/49/13102.md?p=2) shall employ, as an officer, an individual who—
  - (1) has at least 3 years of relevant experience; or
  - (2) provides the [Secretary](/usc/49/13102.md?p=20) with satisfactory evidence of the individual’s knowledge of related rules, regulations, and industry practices.
- (d) **Registration as Motor Carrier Required.—**
  - (1) **In general.—** A [broker](/usc/49/13102.md?p=2) for [transportation](/usc/49/10102.md?p=9) may not provide [transportation](/usc/49/10102.md?p=9) as a [motor carrier](/usc/49/13102.md?p=14) unless the [broker](/usc/49/13102.md?p=2) has registered separately under this chapter to provide [transportation](/usc/49/10102.md?p=9) as a [motor carrier](/usc/49/13102.md?p=14).
  - (2) **Limitation.—** This subsection does not apply to a [motor carrier](/usc/49/13102.md?p=14) registered under this chapter or to an employee or agent of the [motor carrier](/usc/49/13102.md?p=14) to the extent the [transportation](/usc/49/10102.md?p=9) is to be provided entirely by the [motor carrier](/usc/49/13102.md?p=14), with other registered [motor carriers](/usc/49/13102.md?p=14), or with rail or [water carriers](/usc/49/13102.md?p=26).
- (e) **Regulation to Protect Motor Carriers and Shippers.—** Regulations of the [Secretary](/usc/49/13102.md?p=20) applicable to [brokers](/usc/49/13102.md?p=2) registered under this section shall provide for the protection of [motor carriers](/usc/49/13102.md?p=14) and shippers by [motor vehicle](/usc/49/13102.md?p=16).
- (f) **Bond and Insurance.—** The [Secretary](/usc/49/13102.md?p=20) may impose on [brokers](/usc/49/13102.md?p=2) for [motor carriers](/usc/49/13102.md?p=14) of passengers such requirements for bonds or insurance or both as the [Secretary](/usc/49/13102.md?p=20) determines are needed to protect passengers and [carriers](/usc/49/13102.md?p=3) dealing with such [brokers](/usc/49/13102.md?p=2).
- (g) **Update of Registration.—** The [Secretary](/usc/49/13102.md?p=20) shall require a [broker](/usc/49/13102.md?p=2) to update its registration under this section not later than 30 days after a change in the [broker](/usc/49/13102.md?p=2)’s address, other contact information, officers, process agent, or other essential information, as determined by the [Secretary](/usc/49/13102.md?p=20).

## Source credit

(Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995, 109 Stat. 884; amended Pub. L. 109–59, title IV, § 4142(c), Aug. 10, 2005, 119 Stat. 1747; Pub. L. 110–244, title III, § 305(e), June 6, 2008, 122 Stat. 1620; Pub. L. 112–141, div. C, title II, §§ 32107(c), 32916(b), July 6, 2012, 126 Stat. 782, 821.)

## Notes

### Editorial Notes

### Amendments

2012—Subsec. (a). Pub. L. 112–141, § 32916(b)(1), substituted “determines that the person—” for “finds that the person is fit”, added par. (1), and inserted par. (2) designation and “is fit” before “, willing”.

Subsecs. (b), (c). Pub. L. 112–141, § 32916(b)(3), added subsecs. (b) and (c). Former subsecs. (b) and (c) redesignated (d) and (e), respectively.

Subsec. (d). Pub. L. 112–141, § 32916(b)(4), amended subsec. (d) generally. Prior to amendment, text read as follows:

“(1) In general.—The broker may provide the transportation itself only if the broker also has been registered to provide the transportation as a motor carrier under this chapter.

“(2) Limitation.—This subsection does not apply to a motor carrier registered under this chapter or to an employee or agent of the motor carrier to the extent the transportation is to be provided entirely by the motor carrier, with other registered motor carriers, or with rail or water carriers.”

Pub. L. 112–141, § 32916(b)(2), redesignated subsec. (b) as (d). Former subsec. (d) redesignated (f).

Subsec. (e). Pub. L. 112–141, § 32916(b)(5), amended subsec. (e) generally. Prior to amendment, text read as follows: “Regulations of the Secretary applicable to brokers registered under this section shall provide for the protection of shippers by motor vehicle.”

Pub. L. 112–141, § 32916(b)(2), redesignated subsec. (c) as (e). Former subsec. (e) redesignated (g).

Pub. L. 112–141, § 32107(c), added subsec. (e).

Subsecs. (f), (g). Pub. L. 112–141, § 32916(b)(2), redesignated subsecs. (d) and (e) as (f) and (g), respectively.

2008—Subsec. (a). Pub. L. 110–244 amended subsec. (a) generally. Prior to amendment, text read as follows:

“(1) Household Goods.—The Secretary shall register, subject to section 13906(b), a person to be a broker of household goods for transportation of property subject to jurisdiction under subchapter I of chapter 135, if the Secretary finds that the person is fit, willing, and able to be a broker of household goods for transportation and to comply with this part and applicable regulations of the Secretary.

“(2) Others.—The Secretary may register a person to provide service subject to jurisdiction under subchapter III of chapter 135 as a broker (other than a broker of household goods) if the Secretary finds that such registration is needed for the protection of shippers and that the person is fit, willing, and able to provide the service and to comply with this part and applicable regulations of the Secretary and Board.”

2005—Subsec. (a). Pub. L. 109–59, § 4142(c)(1), (3), designated existing provisions as par. (1), inserted heading, and added par. (2).

Subsec. (a)(1). Pub. L. 109–59, § 4142(c)(2), which directed amendment of par. (1) by inserting “of household goods” after “broker”, was executed by making the insertion in two places to reflect the probable intent of Congress.

### Statutory Notes and Related Subsidiaries

### Effective Date of 2012 Amendment

Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.

### Effective Date

Section effective Jan. 1, 1996, except as otherwise provided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 1301 of this title.