---
kind: "section"
citation: "49 U.S.C. § 14301"
title: "49"
title_heading: "Transportation"
number: "14301"
heading: "Security interests in certain motor vehicles"
release: "119-102"
url: "https://uscodex.org/usc/49/14301"
units:
  - "Subtitle IV — Interstate Transportation"
  - "Part B — Motor Carriers, Water Carriers, Brokers, and Freight Forwarders"
  - "Chapter 143 — Finance"
---

# §14301. Security interests in certain motor vehicles

- (a) **Definitions.—** In this section, the following definitions apply:
  - (1) **Motor vehicle.—** The term “motor vehicle” means a truck of rated capacity (gross vehicle weight) of at least 10,000 pounds, a [highway](/usc/49/13102.md?p=9) tractor of rated capacity (gross combination weight) of at least 10,000 pounds, a property-carrying trailer or semitrailer with at least one load-carrying axle of at least 10,000 pounds, or a motor bus with a seating capacity of at least 10 individuals.
  - (2) **Lien creditor.—** The term “lien creditor” means a creditor having a lien on a [motor vehicle](#a-1) and includes an assignee for benefit of creditors from the date of assignment, a trustee in a case under [title 11](/usc/11.md) from the date of filing of the petition in that case, and a receiver in equity from the date of appointment of the receiver.
  - (3) **Security interest.—** The term “security interest” means an interest (including an interest established by a conditional sales contract, mortgage, equipment trust, or other lien or title retention contract, or lease) in a [motor vehicle](#a-1) when the interest secures payment or performance of an obligation.
  - (4) **Perfection.—** The term “perfection”, as related to a [security interest](#a-3), means taking action (including public filing, recording, notation on a certificate of title, and possession of collateral by the secured party), or the existence of facts, required under law to make a [security interest](#a-3) enforceable against general creditors and subsequent [lien creditors](#a-2) of a debtor, but does not include compliance with requirements related only to the establishment of a valid [security interest](#a-3) between the debtor and the secured party.
- (b) **Requirements for Perfection of Security Interest.—** A [security interest](#a-3) in a [motor vehicle](#a-1) owned by, or in the possession and use of, a [carrier](/usc/49/13102.md?p=3) registered under [section 13902 of this title](/usc/49/13902.md) and owing payment or performance of an obligation secured by that [security interest](#a-3) is perfected in all jurisdictions against all general, and subsequent lien, creditors of, and all [persons](/usc/49/13102.md?p=18) taking a [motor vehicle](#a-1) by sale (or taking or retaining a [security interest](#a-3) in a [motor vehicle](#a-1)) from, that [carrier](/usc/49/13102.md?p=3) when—
  - (1) a certificate of title is issued for a [motor vehicle](#a-1) under a law of a jurisdiction that requires or permits indication, on a certificate or title, of a [security interest](#a-3) in the [motor vehicle](#a-1) if the [security interest](#a-3) is indicated on the certificate;
  - (2) a certificate of title has not been issued and the law of the [State](/usc/49/13102.md?p=21) where the principal place of business of that [carrier](/usc/49/13102.md?p=3) is located requires or permits public filing or recording of, or in relation to, that [security interest](#a-3) if there has been such a public filing or recording; and
  - (3) a certificate of title has not been issued and the [security interest](#a-3) cannot be perfected under paragraph (2) of this subsection, if the [security interest](#a-3) has been perfected under the law (including the conflict of laws rules) of the [State](/usc/49/13102.md?p=21) where the principal place of business of that [carrier](/usc/49/13102.md?p=3) is located.

## Source credit

(Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995, 109 Stat. 894.)

## Notes

### Editorial Notes

### Prior Provisions

Provisions similar to those in this section were contained in section 11304 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).

### Statutory Notes and Related Subsidiaries

### 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.