CHAPTER 24. INTRASTATE MOTOR CARRIER SAFETY AND INSURANCE CERTIFICATION

IC 8-2.1-24
    Chapter 24. Intrastate Motor Carrier Safety and InsuranceCertification

IC 8-2.1-24-1
Applicability of chapter
    Sec. 1. (a) This chapter applies to the certification of a motorcarrier providing intrastate transportation by motor vehicle ofproperty or passengers for compensation.
    (b) Section 18 of this chapter applies to the regulation of thefollowing persons:
        (1) A motor carrier described in subsection (a).
        (2) Except as provided in section 18(j) of this chapter, a privatecarrier of persons or property, or both.
As added by P.L.110-1995, SEC.29. Amended by P.L.42-2007,SEC.11; P.L.9-2010, SEC.1.

IC 8-2.1-24-2
Repealed
    (Repealed by P.L.9-2010, SEC.16.)

IC 8-2.1-24-3
Exemptions
    Sec. 3. Except as provided in section 18 of this chapter, thischapter does not apply to the following:
        (1) Motor vehicles used exclusively for carrying United Statesmail.
        (2) Motor vehicles while being used or operated under thecontrol, direction, and supervision of:
            (A) the United States government, the state, or a politicalsubdivision; or
            (B) the board of trustees of a state institution.
        (3) Motor vehicles while transporting supplies, livestock feedingredients, fertilizer, or fertilizing materials that are in transitto or from farms.
        (4) Motor vehicles:
            (A) controlled and operated by a farmer when used in thetransportation of the farmer's agricultural commodities andproducts of those commodities or in the transportation ofsupplies to the farm;
            (B) controlled and operated by a nonprofit agriculturalcooperative association (or by a federation of agriculturalcooperative associations if the federation does not possessgreater powers or purposes than the cooperativeassociations);
            (C) used in carrying property consisting of livestock oragricultural commodities (not including manufacturedproducts) if the motor vehicles are not used in carrying:
                (i) other property;
                (ii) agricultural commodities; or                (iii) passengers;
            for compensation; or
            (D) used in carrying livestock feed or feed ingredients, ifthose products are transported to a site of agriculturalproductions or to a business enterprise engaged in the sale ofagricultural goods to a person engaged in agriculturalproduction.
        This chapter shall not be construed to apply to motor vehiclesowned, leased, controlled, or operated by a nonprofitcooperative association, either incorporated or unincorporated,that was in existence on July 6, 1961.
        (5) Motor vehicles, commonly known as armored cars, usedexclusively to transport, under written bilateral contract, coin,currency, bullion, securities, precious metals, jewelry, preciousstones, money, legal tender, stocks and bonds, negotiable andnonnegotiable instruments and securities, postage and revenuestamps, and other valuable documents and rare objects.
        (6) Motor vehicles operating exclusively in intrastate commercethat have a gross vehicle weight, gross vehicle weight rating,gross combination weight, or gross combination weight ratingequal to or less than twenty-six thousand (26,000) pounds.However, the motor vehicle may not be:
            (A) used to provide for-hire transport;
            (B) designed or used to transport sixteen (16) or morepassengers, including the driver; or
            (C) used to transport hazardous material in amountsrequiring a placard.
As added by P.L.110-1995, SEC.29. Amended by P.L.42-2007,SEC.12; P.L.9-2010, SEC.2.

IC 8-2.1-24-4
Powers of department
    Sec. 4. The department may:
        (1) certify a motor carrier providing transportation of propertyor passengers for compensation; and
        (2) regulate and supervise safety, insurance, methods, and hoursof operation of a motor carrier providing transportation ofproperty or passengers.
As added by P.L.110-1995, SEC.29. Amended by P.L.42-2007,SEC.13.

IC 8-2.1-24-5
Inspection of records; examination of officers, agents, andemployees; adoption of motor vehicle inspection rules
    Sec. 5. The department may require the filing of annual and otherreports and the submission of all records and information necessaryto aid the department in the exercise of the powers granted by thischapter. The department, a member of the department, or anauthorized representative of the department, may:
        (1) upon demand, inspect the books, accounts, papers, records,

memoranda, equipment, and premises of a motor carrier;
        (2) examine, under oath, any officer, agent, or employee of amotor carrier in relation to the motor carrier's business affairs;and
        (3) prescribe rules for inspection of motor vehicles used by themotor carrier.
As added by P.L.110-1995, SEC.29.

IC 8-2.1-24-6
Investigation
    Sec. 6. Upon complaint in writing filed with the department orupon the department's own initiative without complaint, thedepartment may investigate whether a person subject to this chapterhas failed to comply with this chapter.
As added by P.L.110-1995, SEC.29.

IC 8-2.1-24-7
Duty of department to compel compliance
    Sec. 7. If the department, after notice and hearing, finds, in aninvestigation, that a person has failed to comply with this chapter, thedepartment shall issue an appropriate order to compel compliance.
As added by P.L.110-1995, SEC.29.

IC 8-2.1-24-8
Compulsory process; swearing of witnesses; record of testimony;administrative order
    Sec. 8. The department, a member of the department, or anauthorized representative of the department, may:
        (1) compel the attendance of witnesses;
        (2) swear witnesses;
        (3) take testimony under oath; and
        (4) make a record of testimony.
After a record is made under the direction of the department, anadministrative law judge, or an authorized representative of thedepartment, the department may make an appropriate order upon therecord.
As added by P.L.110-1995, SEC.29.

IC 8-2.1-24-9
Hearing; report of findings of fact and decision; exceptions
    Sec. 9. (a) The department may hear all petitions or motions filedwith the department. The hearings may be conducted by thedepartment, a member of the department, or an administrative lawjudge. The hearings shall be conducted in accordance with rulesadopted by the department under IC 4-22-2.
    (b) An administrative law judge shall promptly report to thedepartment the facts established by evidence and submit a suggestedorder, showing the findings and a decision to the department.
    (c) An order recommended by an administrative law judge maynot be held for less than ten (10) days during which an interested

party may file a written exception. If an exception is not filed, thefinding of facts and decision in form of the order suggested by theadministrative law judge shall be the order of the department, unlessthe department directs otherwise.
As added by P.L.110-1995, SEC.29.

IC 8-2.1-24-10
Reconsideration or rehearing
    Sec. 10. (a) After a decision, an order, or a requirement has beenmade by the department in a proceeding under this chapter, a partymay apply to the department for reconsideration or rehearing of amatter determined in the proceeding. The department may grant thereconsideration or rehearing if sufficient reason is found.
    (b) Applications for reconsideration or rehearing shall begoverned by rules adopted by the department under IC 4-22-2. Ifafter reconsideration or rehearing it appears that the originaldecision, order, or requirement is unjust or unwarranted, thedepartment may change or modify the decision, order, orrequirement.
    (c) A decision, an order, or a requirement made afterreconsideration or rehearing is subject to the same provisions as theoriginal decision, order, or requirement.
As added by P.L.110-1995, SEC.29.

IC 8-2.1-24-11
Agreements with federal or state agencies for supervision oftransportation of property and passengers
    Sec. 11. The department may, subject to the approval of thegovernor, enter into an agreement or understanding with the UnitedStates Department of Transportation or any other appropriate agencyof the federal government, another Indiana department or agency, oran agency of another state for the purpose of more effectivesupervision of safety and responsible transportation of property andpassengers, intrastate.
As added by P.L.110-1995, SEC.29. Amended by P.L.42-2007,SEC.14.

IC 8-2.1-24-12
Rules affecting motor carriers
    Sec. 12. The department may by rules adopted under IC 4-22-2adopt orders, standards, or regulations of the Federal Motor CarrierSafety Administration, any other appropriate agency of the federalgovernment, or another state as the orders, standards, or regulationsaffect motor carriers, whether or not specifically referred to underthis chapter.
As added by P.L.110-1995, SEC.29. Amended by P.L.42-2007,SEC.15.

IC 8-2.1-24-13
Uniform procedures and forms    Sec. 13. The department may cooperate with other state agenciesin adopting combined uniform procedures and forms.
As added by P.L.110-1995, SEC.29.

IC 8-2.1-24-14
Powers of department; employment of administrative law judgesand other necessary employees
    Sec. 14. The department may perform all reasonably necessaryactions to carry out this chapter, including the power, subject to:
        (1) the approval of the state personnel department and thebudget agency; and
        (2) IC 4-21.5;
to employ and fix the compensation of administrative law judges,investigators, clerks, and other employees as necessary or advisablefor the effective administration of this chapter.
As added by P.L.110-1995, SEC.29.

IC 8-2.1-24-15
Acknowledgment by department required for operation; term ofacknowledgment
    Sec. 15. A motor carrier may not operate a motor vehicle in thetransportation of property, upon a public highway in intrastatecommerce until the motor carrier has:
        (1) submitted forms approved by the department to be aproperly certified motor carrier; and
        (2) been issued an acknowledgment by the department.
An acknowledgment issued under subdivision (2) remains in effectuntil December 31 of the year in which the acknowledgment isissued.
As added by P.L.110-1995, SEC.29.

IC 8-2.1-24-16
Renewal procedure; term of renewal certification
    Sec. 16. The annual renewal by motor carriers under this chapteris performed in the following manner:
        (1) An application for renewal must be submitted on a formprescribed by the department.
        (2) An application for renewal may be received by thedepartment at any time after September 30 of the year precedingthe year of certification and must be received before November30 of the year preceding the certification year.
        (3) A certification expires December 31 of each year. Thedepartment may extend the term of a certification for cause.
As added by P.L.110-1995, SEC.29.

IC 8-2.1-24-17
Surety bond, insurance, or other security required
    Sec. 17. (a) A person may not operate a motor vehicle for thetransportation of property upon a public highway, and a motor carriermay not be certified, unless the motor carrier complies with the rules

adopted by the department governing the filing and approval ofsurety bonds, policies of insurance, qualifications of a self-insurer,or other securities or agreements.
    (b) A surety bond, policy of insurance, self-insurance, or securityor other agreement approved under this section must be of areasonable amount and conditioned to pay, within the amount of thesurety bond, policy of insurance, self-insurance, or security or otheragreement, a final judgment recovered against the motor carrier forbodily injuries to or the death of any person resulting from thenegligent operation, maintenance, or use of the motor carrier'sregistered motor vehicle, or for loss or damage to property of others.
As added by P.L.110-1995, SEC.29.

IC 8-2.1-24-18
Compliance with federal motor carrier safety regulations
    Sec. 18. (a) 49 CFR Parts 40, 375, 380, 382 through 387, 390through 393, and 395 through 398 are incorporated into Indiana lawby reference, and, except as provided in subsections (d), (e), (f), (g),and (j), must be complied with by an interstate and intrastate motorcarrier of persons or property throughout Indiana. Intrastate motorcarriers subject to compliance reviews under 49 CFR 385 shall beselected according to criteria determined by the superintendent whichmust include but are not limited to factors such as previous historyof violations found in roadside compliance checks and other recordedviolations. However, the provisions of 49 CFR 395 that regulate thehours of service of drivers, including requirements for themaintenance of logs, do not apply to a driver of a truck that isregistered by the bureau of motor vehicles and used as a farm truckunder IC 9-18, or a vehicle operated in intrastate construction orconstruction related service, or the restoration of public utilityservices interrupted by an emergency. Except as provided insubsection (i) and (j):
        (1) intrastate motor carriers not operating under authority issuedby the United States Department of Transportation shall complywith the requirements of 49 CFR 390.21(b)(3) by registeringwith the department of state revenue as an intrastate motorcarrier and displaying the certification number issued by thedepartment of state revenue preceded by the letters "IN"; and
        (2) all other requirements of 49 CFR 390.21 apply equally tointerstate and intrastate motor carriers.
    (b) 49 CFR 107 subpart (F) and subpart (G), 171 through 173, 177through 178, and 180, are incorporated into Indiana law by reference,and every:
        (1) private carrier;
        (2) common carrier;
        (3) contract carrier;
        (4) motor carrier of property, intrastate;
        (5) hazardous material shipper; and
        (6) carrier otherwise exempt under section 3 of this chapter;
must comply with the federal regulations incorporated under this

subsection, whether engaged in interstate or intrastate commerce.
    (c) Notwithstanding subsection (b), nonspecification bulk andnonbulk packaging, including cargo tank motor vehicles, may beused only if all the following conditions exist:
        (1) The maximum capacity of the vehicle is less than threethousand five hundred (3,500) gallons.
        (2) The shipment of goods is limited to intrastate commerce.
        (3) The vehicle is used only for the purpose of transporting fueloil, kerosene, diesel fuel, gasoline, gasohol, or any combinationof these substances.
Maintenance, inspection, and marking requirements of 49 CFR 173.8and Part 180 are applicable. In accordance with federal hazardousmaterials regulations, new or additional nonspecification cargo tankmotor vehicles may not be placed in service under this subsection.
    (d) For the purpose of enforcing this section, only:
        (1) a state police officer or state police motor carrier inspectorwho:
            (A) has successfully completed a course of instructionapproved by the United States Department ofTransportation; and
            (B) maintains an acceptable competency level as establishedby the state police department; or
        (2) an employee of a law enforcement agency who:
            (A) before January 1, 1991, has successfully completed acourse of instruction approved by the United StatesDepartment of Transportation; and
            (B) maintains an acceptable competency level as establishedby the state police department;
        on the enforcement of 49 CFR, may, upon demand, inspect thebooks, accounts, papers, records, memoranda, equipment, andpremises of any carrier, including a carrier exempt undersection 3 of this chapter.
    (e) A person hired before September 1, 1985, who operates amotor vehicle intrastate incidentally to the person's normalemployment duties and who is not employed as a chauffeur (asdefined in IC 9-13-2-21(a)) is exempt from 49 CFR 391 asincorporated by this section.
    (f) Notwithstanding any provision of 49 CFR 391 to the contrary,a person at least eighteen (18) years of age and less than twenty-one(21) years of age may be employed as a driver to operate acommercial motor vehicle intrastate. However, a person employedunder this subsection is not exempt from any other provision of 49CFR 391.
    (g) Notwithstanding subsection (a) or (b), the followingprovisions of 49 CFR do not apply to private carriers of propertyoperated only in intrastate commerce or any carriers of propertyoperated only in intrastate commerce while employed in constructionor construction related service:
        (1) Subpart 391.41(b)(3) as it applies to physical qualificationsof a driver who has been diagnosed as an insulin dependent

diabetic, if the driver has applied for and been granted anintrastate medical waiver by the bureau of motor vehiclespursuant to this subsection. The same standards and thefollowing procedures shall apply for this waiver whether or notthe driver is required to hold a commercial driver's license. Anapplication for the waiver shall be submitted by the driver andcompleted and signed by a certified endocrinologist or thedriver's treating physician attesting that the driver:
            (A) is not otherwise physically disqualified under Subpart391.41 to operate a motor vehicle, whether or not anyadditional disqualifying condition results from the diabeticcondition, and is not likely to suffer any diminution indriving ability due to the driver's diabetic condition;
            (B) is free of severe hypoglycemia or hypoglycemiaunawareness and has had less than one (1) documented,symptomatic hypoglycemic reaction per month;
            (C) has demonstrated the ability and willingness to properlymonitor and manage the driver's diabetic condition;
            (D) has agreed to and, to the endocrinologist's or treatingphysician's knowledge, has carried a source of rapidlyabsorbable glucose at all times while driving a motorvehicle, has self monitored blood glucose levels one (1) hourbefore driving and at least once every four (4) hours whiledriving or on duty before driving using a portable glucosemonitoring device equipped with a computerized memory;and
            (E) has submitted the blood glucose logs from themonitoring device to the endocrinologist or treatingphysician at the time of the annual medical examination.
        A copy of the blood glucose logs shall be filed along with theannual statement from the endocrinologist or treating physicianwith the bureau of motor vehicles for review by the driverlicensing medical advisory board established under IC 9-14-4.A copy of the annual statement shall also be provided to thedriver's employer for retention in the driver's qualification file,and a copy shall be retained and held by the driver while drivingfor presentation to an authorized federal, state, or local lawenforcement official. Notwithstanding the requirements of thissubdivision, the endocrinologist, the treating physician, theadvisory board of the bureau of motor vehicles, or the bureau ofmotor vehicles may, where medical indications warrant,establish a short period for the medical examinations requiredunder this subdivision.
        (2) Subpart 396.9 as it applies to inspection of vehicles carryingor loaded with a perishable product. However, this exemptiondoes not prohibit a law enforcement officer from stopping thesevehicles for an obvious violation that poses an imminent threatof an accident or incident. The exemption is not intended toinclude refrigerated vehicles loaded with perishables when therefrigeration unit is working.        (3) Subpart 396.11 as it applies to driver vehicle inspectionreports.
        (4) Subpart 396.13 as it applies to driver inspection.
    (h) For purposes of 49 CFR 395.1(k)(2), "planting and harvestingseason" refers to the period between January 1 and December 31 ofeach year. The intrastate commerce exception set forth in 49 CFR395.1(k), as it applies to the transportation of agriculturalcommodities and farm supplies, is restricted to single vehicles andcargo tank motor vehicles with a capacity of not more than fivethousand four hundred (5,400) gallons.
    (i) The requirements of 49 CFR 390.21 do not apply to anintrastate motor carrier or a guest operator not engaged in interstatecommerce and operating a motor vehicle as a farm vehicle inconnection with agricultural pursuits usual and normal to the user'sfarming operation or for personal purposes unless the vehicle isoperated either part time or incidentally in the conduct of acommercial enterprise.
    (j) This section does not apply to private carriers that operateusing only the type of motor vehicles specified in IC 8-2.1-24-3(6).
    (k) The superintendent of state police may adopt rules underIC 4-22-2 governing the parts and subparts of 49 CFR incorporatedby reference under this section.
As added by P.L.110-1995, SEC.29. Amended by P.L.61-1996,SEC.10; P.L.84-1997, SEC.1; P.L.85-1997, SEC.1; P.L.98-1999,SEC.1; P.L.92-2000, SEC.1; P.L.75-2003, SEC.1; P.L.219-2003,SEC.1; P.L.208-2003, SEC.2; P.L.210-2005, SEC.4; P.L.21-2007,SEC.1; P.L.1-2010, SEC.44; P.L.9-2010, SEC.3.

IC 8-2.1-24-19
Service of process on nonresident motor carrier
    Sec. 19. (a) A nonresident motor carrier must file and keep on filewith the department a designation in writing of the name and postoffice address of a citizen and resident of Indiana upon whom serviceof notices or orders may be made, and upon whom process issued byor under the authority of a court having jurisdiction of the subjectmatter may be served. Service of process in a proceeding under thischapter may be made upon the motor carrier by personal service,upon the citizen designated by the motor carrier, or by registeredmail addressed to the motor carrier or designee at the last addressshown by the records of the department.
    (b) In default of a designation under this section, in case ofvacancy, or if for any other reason the motor carrier may not beserved with process, service of the notice or order may be made byserving two (2) copies of the notice or order upon the department.When service is made upon the department under this subsection, thedepartment shall promptly mail one (1) copy of the notice or orderserved to the motor carrier by registered mail at the last addressshown by the records of the department.
    (c) When notice is given by mail under this section, the date ofmailing shall be considered as the time when notice is served.As added by P.L.110-1995, SEC.29.

IC 8-2.1-24-20
Unified carrier registration system
    Sec. 20. Before a motor carrier engaged in the transportation ofproperty or passengers for compensation may operate a motor vehicleupon a public highway providing intrastate transportation, the motorcarrier must be properly registered as required under the unifiedcarrier registration system in accordance with rules adopted by thedepartment under IC 4-22-2. This section does not apply to a personexclusively engaged in the private transportation of nonhazardousproperty.
As added by P.L.110-1995, SEC.29. Amended by P.L.176-2006,SEC.10; P.L.42-2007, SEC.16.

IC 8-2.1-24-21
Display of identification on or in vehicle
    Sec. 21. A motor carrier shall display a United States Departmentof Transportation number or any other identification in the methodrequired by the department on or in each motor vehicle the motorcarrier operates.
As added by P.L.110-1995, SEC.29. Amended by P.L.42-2007,SEC.17.

IC 8-2.1-24-22
Augmenting, interchanging, or leasing equipment; lease ofequipment and driver to shipper by noncarrier lessor
    Sec. 22. (a) A motor carrier augmenting equipment, interchangingequipment, or leasing equipment, with or without drivers, shallcomply with the rules of the department governing lease andinterchange of vehicles.
    (b) If a lessor who is not a motor carrier leases both equipmentand driver to a shipper, the arrangement is presumed to result inprivate carriage by the shipper, subject to the conditions of thissubsection. A lease agreement under this subsection must:
        (1) be reduced to writing;
        (2) be for a term of at least thirty (30) days;
        (3) provide that the leased equipment is exclusively committedto the lessee's use for the term of the lease;
        (4) provide that during the term of the lease, the lessee accepts,possesses, and exercises exclusive dominion and control overthe leased equipment and assumes complete responsibility forthe operation of the equipment;
        (5) require that the lessee maintain public liability insuranceand accept responsibility to the public for any injury caused inthe course of performing the transportation service conductedby the lessee with the equipment during the term of the lease;and
        (6) require that the lessee display appropriate identification onall equipment leased by it, showing operation by the lessee

during the performance of the transportation.
    (c) A presumption under subsection (b) may be rebutted if actualoperations under the lease agreement weaken the control andresponsibility required of a shipper when conducting transportationoperations with equipment and drivers leased from a single source.
As added by P.L.110-1995, SEC.29.

IC 8-2.1-24-23
"Bill of lading" defined; documentation to be presented uponrequest
    Sec. 23. (a) As used in this section, "bill of lading" means adocument evidencing the receipt of goods for shipment that is issuedby a person who is engaged in the business of transporting orforwarding goods.
    (b) A motor carrier or a person who operates a motor vehicle fora motor carrier shall present, at the request of the state policedepartment or an authorized representative of the department, thefollowing:
        (1) Documentation that identifies the shipper or the motorcarrier.
        (2) A bill of lading or similar document that:
            (A) identifies the origin and destination of the shipment;
            (B) describes the goods being transported;
            (C) states the name and address of the consignor and theconsignee; and
            (D) states the date when the goods were shipped.
As added by P.L.110-1995, SEC.29.

IC 8-2.1-24-24
Violation
    Sec. 24. A person who violates this chapter commits a Class Binfraction.
As added by P.L.110-1995, SEC.29.

IC 8-2.1-24-25
Impoundment of vehicles and cargo; release
    Sec. 25. (a) The department or the state police department mayimpound a motor vehicle operated for hire if:
        (1) the motor carrier of property has not obtained the requiredcertification from the department; and
        (2) the vehicle is being operated on an Indiana highway.
    (b) To obtain possession of a motor vehicle impounded undersubsection (a), the motor carrier that operates the motor vehicle musteither:
        (1) obtain the required certification from the department; or
        (2) remove from the vehicle all cargo for which the requiredcertification has not been obtained.
    (c) If the motor carrier that operates a motor vehicle impoundedunder subsection (a) is not the owner of the vehicle, the departmentor the state police department shall release the motor vehicle to the

owner unless the owner was aware that the motor vehicle was beingoperated without the required certification.
    (d) Cargo held in a motor vehicle impounded under subsection (a)must be released if the cargo is loaded into a motor vehicle operatedin compliance with this chapter.
As added by P.L.110-1995, SEC.29.

IC 8-2.1-24-26
Civil penalty
    Sec. 26. (a) A person who violates this chapter is subject to a civilpenalty of one hundred dollars ($100) for the first violation and onethousand dollars ($1,000) for each subsequent violation.
    (b) Civil penalties described in subsection (a) may be assessedonly after an administrative hearing under IC 6-8.1-5-1 has beenconducted at which the person has an opportunity to presentinformation as to why a civil penalty should not be assessed.
    (c) Money collected by the department under subsection (b) shallbe deposited in the motor carrier regulation fund established underIC 8-2.1-23.
As added by P.L.110-1995, SEC.29.

IC 8-2.1-24-27
Inspections
    Sec. 27. Inspections to determine and enforce violations under thischapter may be conducted by the state police department, agents ofthe department, Indiana state police motor carrier inspectors, and anyother eligible law enforcement officer through the proceduresestablished by the department. Agents of the department have thesame power and authority under this section as is provided toauthorized personnel under IC 16-44-2-11 and IC 16-44-2-12.
As added by P.L.110-1995, SEC.29.

IC 8-2.1-24-28
Denial of registration or titling; revocation and confiscation ofregistrations, license plates, or cab cards
    Sec. 28. (a) Pursuant to an operations out of service order issuedby the United States Department of Transportation or the FederalHighway Administration affecting a motor carrier operating inIndiana, the department of state revenue or the state policedepartment may revoke and confiscate any registrations, licenseplates, or cab cards issued under IC 9-18.
    (b) The department of state revenue may not register or title amotor carrier:
        (1) if the motor carrier fails to comply with federal regulationsunder 49 CFR 386;
        (2) under an operations out of service order issued by a federalagency; or
        (3) if the motor carrier's ability to operate has been terminatedor denied by a federal agency.
As added by P.L.98-1999, SEC.2. Amended by P.L.176-2006,

SEC.11.