or is not needed to protect shippers from abuse of market power for provision authorizing the Commission to grant an exemption when the Commission finds that application of a provision of this subtitle is not necessary to carry out the transportation policy of section 10101 of this title, would be an unreasonable burden on a person, class of persons, or interstate or foreign commerce, and would serve little or no useful public purpose.

Subsec. (b). Pub. L. 96-448 struck out provision authorizing the Commission to specify the period of time during which the exemption is effective. See subsec. (c) of this section.

Subsec. (c). Pub. L. 96-448 substituted provision authorizing the Commission to specify the period during which the exemption is effective for provision authorizing the Commission to revoke an exemption, to the extent it specifies, when it finds that application of a provision of this subtitle to the person, class, or transportation is necessary to carry out the transportation policy of section 10101 of this title, to achieve effective regulation by the Commission, and to serve a useful public purpose.

Subsec. (d). Pub. L. 96-448 substituted provision authorizing the Commission to revoke an exemption, to the extent it specifies, when it finds that application to a provision of this subtitle to the person, class, or transportation is necessary to carry out the transportation policy of section 10101a of this title for provision authorizing the Commission to act under this section only after an opportunity for a proceeding. Subsecs. (e) to (g). Pub. L. 96-448 added subsecs. (e) to (g).

EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96-448 effective Oct. 1, 1980, see section 710(a) of Pub. L. 96-448, set out as a note under section 10101 of this title.

SUBCHAPTER II-MOTOR CARRIER
TRANSPORTATION

SUBCHAPTER REFERRED TO IN OTHER SECTIONS This subchapter is referred to in sections 3103, 10102, 10328, 10329, 10330, 10341, 10342, 10502, 10543, 10544, 10701, 10703, 10704, 10705, 10706, 10721, 10722, 10723, 10724, 10725, 10730, 10733, 10734, 10741, 10762, 10766, 10921, 10922, 10923, 10924, 10927, 10930, 10931, 10932, 10933, 10934, 10935, 11101, 11106, 11107, 11109, 11110, 11111, 11142, 11143, 11323, 11342, 11343, 11344, 11345a, 11501, 11502, 11503a, 11504, 11702, 11705, 11707, 11711, 11901, 11904, 11905, 11908, 11909, 11910, 11914, 11917 of this title; section 1608 of Appendix to this title; title 15 sections 1392, 1401, 1990d.

§ 10521. General jurisdiction

(a) Subject to this chapter and other law, the Interstate Commerce Commission has jurisdiction over transportation by motor carrier and the procurement of that transportation to the extent that passengers, property, or both, are transported by motor carrier

(1) between a place in

(A) a State and a place in another State; (B) a State and another place in the same State through another State;

(C) the United States and a place in a territory or possession of the United States to the extent the transportation is in the United States;

(D) the United States and another place in the United States through a foreign country to the extent the transportation is in the United States; or

(E) the United States and a place in a foreign country to the extent the transportation is in the United States; and

§ 10521

(2) in a reservation under the exclusive jurisdiction of the United States or on a public highway.

(b) This subtitle does not

sections

(1) except as provided in 10922(c)(2), 10935, and 11501(e) of this title, affect the power of a State to regulate intrastate transportation provided by a motor carrier;

(2) except as provided in sections 10922(c)(2) and 11501(e), authorize the Commission to prescribe or regulate a rate for intrastate transportation provided by a motor carrier;

(3) except as provided in section 10922(c)(2) of this title, allow a motor carrier to provide intrastate transportation on the highways of a State; or

(4) except as provided in section 11503a and section 11504(b) of this title, affect the taxation power of a State over a motor carrier. (Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1361; Pub. L. 96-296, § 31(b), July 1, 1980, 94 Stat. 824; Pub. L. 97-261, § 6(f), Sept. 20, 1982, 96 Stat. 1107.)

HISTORICAL AND REVISION NOTES

Feb. 4, 1887, ch. 104, 24 Stat. 379, §§ 202(a), 203(a)(10) (less proviso), (11) (less last sentence), (c) (words between 6th and 7th commas); added Aug. 9, 1935, ch. 498, § 1, 49 Stat. 543, 544; Sept. 18, 1940, ch. 722, 17(a), 54 Stat. 920; Sept. 1, 1950, ch. 835, § 1(b), 64 Stat. 574; July 22, 1954, ch. 563, § 1, 68 Stat. 526; Aug. 22, 1957, Pub. L. 85-163, § 1(2), 71 Stat. 411.

Feb. 4, 1887, ch. 104, 24 Stat. 379, 202(b)(1); added Aug. 9, 1935, ch. 498, §1, 49 Stat. 543; Sept. 18, 1940, ch. 722, § 17, 54 Stat. 920; Sept. 6, 1965, Pub. L. 89-170, § 2, 79 Stat. 648: Dec. 23, 1970, Pub. L. 91-569, § 2(a), 84 Stat. 1500.

Feb. 4, 1887, ch. 104, 24 Stat. 379, § 216(e) (proviso); added Aug. 9, 1935, ch. 498, § 1, 49 Stat. 558.

applicable to the subtitle. The words "to the extent that passengers, property, or both, are transported by motor carrier" are substituted for "whether such commerce moves wholly by motor vehicle or partly by motor vehicle and partly by rail, express, or water" to eliminate surplus words and because of the Commission's jurisdiction over transportation by motor carrier, and the term "motor vehicle" is a defined term incorporated into the definition of "motor carrier".

In subsection (b), the words "This subtitle does not authorize the Commission" are substituted for "That nothing in this chapter shall empower the Commission" in 49:316(e) for consistency and because of the restatement of the source provisions. The word "exclusive" is omitted as unnecessary. The words "intrastate transportation" are substituted for "intrastate commerce" for consistency. The words "for any service connected therewith" are omitted as surplus because the eliminated words are included in the word "transportation". The word "rate" is substituted for "rate, fare, or charge" because of the definition of "rate" in section 10102 of the revised title. The words "for the purpose of removing discrimination against interstate commerce or for any other purpose" are omitted as unnecessary because of the restatement of the source provisions. The words "to provide intrastate transportation" are substituted for "to do intrastate business" for clarity and consistency. The words "over a motor carrier" are inserted for clarity.

AMENDMENTS

1982-Subsec. (b)(1). Pub. L. 97-261, § 6(f)(1), added "except as provided in sections 10922(c)(2), 10935, and 11501(e) of this title," before "affect".

Subsec. (b)(2). Pub. L. 97-261, § 6(f)(2), added "except as provided in sections 10922(c)(2) and 11501(e)," before "authorize".

Subsec. (b)(3). Pub. L. 97-261, § 6(f)(3), added "except as provided in section 10922(c)(2) of this title," before "allow".

1980-Subsec. (b)(4). Pub. L. 96-296 inserted "section 11503a and" following "as provided in".

EFFECTIVE DATE OF 1982 AMENDMENT

Amendment by Pub. L. 97-261 effective on the 60th day after Sept. 20, 1982, see section 31(a) of Pub. L. 97-261, set out as a note under section 10101 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3101, 3102, 10101, 10522, 11506 of this title.

§ 10522. Exempt transportation between Alaska and other States

To the extent that transportation by a motor carrier between a place in Alaska and a place in another State under section 10521 of this title is provided in a foreign country

(1) the Interstate Commerce Commission does not have jurisdiction to impose a requirement over conduct of the motor carrier in the foreign country conflicting with a requirement of that country; but

(2) the motor carrier, as a condition of providing transportation in the United States, shall comply, with respect to all transportation provided between Alaska and the other State, with the requirements of this subtitle related to rates and practices applicable to the transportation.

(Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1362.)

In the introductory matter of the section, before clause (1), the words "under section 10521 of this title" are substituted for "in 'interstate commerce'" in view of the incorporation of the definition of "interstate commerce" in section 10521 of the revised title.

In clause (1), the words "the Interstate Commerce Commission does not have jurisdiction" are substituted for "the application of this chapter does not include" for clarity and to conform to the terms used in chapter 105 of the revised title.

In clause (2), the words "providing transportation" and "all transportation" are substituted for "operat ing" and "entire service", respectively, for consistency and because 49:303(a)(19) defines "transportation" and "services" as synonymous terms and includes all phases of a carrier's operations. The words "fares, and charges" are omitted as unnecessary in view of the definition of “rates".

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 3102 of this title.

§ 10523. Exempt motor vehicle transportation in ter minal areas

(a)(1) The Interstate Commerce Commission does not have jurisdiction under this subchapter over transportation by motor vehicle provided in a terminal area when the transportation

(A) is a transfer, collection, or delivery;
(B) is provided by-

(i) a rail carrier subject to the jurisdiction of the Commission under subchapter I of this chapter;

(ii) a water carrier subject to the jurisdiction of the Commission under subchapter III of this chapter; or

(iii) a freight forwarder subject to the jurisdiction of the Commission under subchapter IV of this chapter; and

(C) is incidental to transportation provided by the carrier or service provided by the freight forwarder that is subject to the jurisdiction of the Commission under any of those subchapters.

(2) Transportation exempt from the jurisdic tion of the Commission under paragraph (1) of this subsection is subject to the jurisdiction of the Commission under subchapter I of this chapter when provided by such a rail carrier, under subchapter III of this chapter when provided by such a water carrier, and under subchapter IV of this chapter when provided by such a freight forwarder.

(b)(1) Except to the extent provided in paragraph (2) of this subsection, the Commission does not have jurisdiction under this subchapter over transportation by motor vehicle provided in a terminal area when the transportation

(A) is a transfer, collection, or delivery; and

(B) is provided by a person as an agent or under other arrangement for

(i) a rail carrier or express carrier subject to the jurisdiction of the Commission under subchapter I of this chapter;

(ii) a motor carrier subject to the jurisdiction of the Commission under this subchapter;

(iii) a water carrier subject to the jurisdiction of the Commission under subchapter III of this chapter; or

(iv) a freight forwarder subject to the jurisdiction of the Commission under subchapter IV of this chapter.

(2) Transportation exempt from the jurisdiction of the Commission under paragraph (1) of this subsection is considered transportation provided by the carrier or service provided by the freight forwarder for whom the transportation was provided and is subject to the jurisdiction of the Commission under subchapter I of this chapter when provided for such a rail carrier or express carrier, under this subchapter when provided for such a motor carrier, under subchapter III of this chapter when provided for such a water carrier, and under subchapter IV of this chapter when provided for such a freight forwarder.

(Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1362.)

§ 10524. Transportation furthering a primary business

(a) The Interstate Commerce Commission does not have jurisdiction under this subchapter over the transportation of property by motor vehicle when

(1) the property is transported by a person engaged in a business other than transportation; and

(2) the transportation is within the scope of, and furthers a primary business (other than transportation) of the person.

(b) The Commission does not have jurisdiction under this subchapter over transportation of property by motor vehicle for compensation provided by a person who is a member of a corporate family for other members of such corporate family if

(1) the parent corporation notifies the Commission of its intent or one of its subsidiaries' intent to provide the transportation;

(2) the notice contains a list of participating subsidiaries and an affidavit that the parent corporation owns directly or indirectly a 100 percent interest in each of the subsidiaries;

(3) the Commission publishes the notice in the Federal Register within 30 days of receipt; and

(4) a copy of the notice is carried in the cab of all vehicles conducting the transportation. (c) In this section, "corporate family" means a group of corporations consisting of a parent corporation and all subsidiaries in which the parent corporation owns directly or indirectly a 100 percent interest.

(Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1363; Pub. L. 96-296, § 9, July 1, 1980, 94 Stat. 798.)

The words "Notwithstanding any provision of this section or of section 303 of this title" in 49:302(c) are omitted as surplus because section 10521 of the revised title codifies the pertinent provisions of 49:302 and 303 or incorporates the terms of 49:303 related to the jurisdiction of the Commission, and section 10521 begins with the words "Subject to". The words "except the provisions of section 304 of this title relative to qualifications and maximum hours of service of employees and safety of operation and equipment" are omitted because, under section 6(e)(6)(C) of Public Law 89-670, those provisions were transferred to the Secretary of Transportation.

In the introductory matter of subsections (a) and (b), before each clause (1), the words "does not have Jurisdiction under this subchapter" are substituted for "the provisions of this chapter... shall not apply" for clarity and to conform to the terms used in chapter 105 of the revised title.

In subsections (a)(2) and (b)(2), the words "is subject to" are substituted for "shall be considered to be and shall be regulated as transportation subject to" for clarity and to conform to the revised title.

In subsection (b), the words "a person as an agent or under other arrangement for" are substituted for "any person (whether as agent or under a contractual arrangement)" for clarity.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 10525, 10930 of this title.

motor carrier does not substantially affect or impair uniform regulation by the Commission of motor carrier transportation in carrying out the transportation policy of section 10101 of this title.

(b) The Commission may begin a proceeding under this section on its own initiative or on application of a motor carrier, a State authority having jurisdiction to regulate intrastate transportation by motor vehicle on the highways of that State, or an interested party. An application must be under oath and must contain information required by Commission regulation. The Commission may exempt the transportation by motor carrier or class of motor carriers. When an exemption is granted, the Commission shall issue a certificate of exemption describing the conditions required by the public interest under which the certificate is issued.

(c) When an application for exemption is accompanied by a certificate of the authority of the State in which the applicant provides transportation stating the finding of the State authority that the applicant is entitled to a certificate of exemption under this section, the exemption is effective on the 60th day after the application is filed with the Commission unless the Commission denies the application before that date. If not denied before that date, the exemption remains effective until the Commission thereafter denies or revokes it.

(d) The Commission may revoke any part of an exemption granted under this section when it finds that the nature or quantity of the transportation by the motor carrier or class of motor carriers affects or impairs, or is likely substantially to affect or impair uniform regulation by the Commission of motor carrier transportation in carrying out the transportation policy of section 10101 of this title. If the exemption is revoked, the Commission shall restore without further proceedings the authority any such motor carrier had to provide transportation subject to the jurisdiction of the Commission under this subchapter at the time the exemption was effective.

(e) Notwithstanding the provisions of this section, the Commission has no jurisdiction under this subchapter over transportation, except transportation of household goods, by a motor carrier operating solely within the State of Hawaii. The State of Hawaii may regulate transportation exempt from the jurisdiction of the Commission under this subsection and, to the extent provided by a motor carrier operating solely within the State of Hawaii, transportation exempt from the jurisdiction of the Commission under section 10523 of this title.

(f) State regulation of the operations of a motor carrier covered by an exemption under this section is not a burden on interstate or foreign commerce.

(Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1363; Pub. L. 96-258, § 1(4), June 3, 1980, 94 Stat. 425; Pub. L. 97-261, § 30, Sept. 20, 1982, 96 Stat. 1129.)

In subsection (a), the words "as in fact", "by order", "character", "in good faith", "in the opinion", and "hereinbefore authorized" are omitted as surplus. The word "entirely" is substituted for "solely" for consistency and clarity. The words "in interstate or foreign commerce" are omitted as unnecessary because those words were defined terms in 49:303(a) (10) and (11) and those terms have been incorporated into section 10521 of the revised title stating the jurisdiction of the Interstate Commerce Commission under chapter 105.

In subsection (b), the words "designated in such certificate", "in writing", "verified", and "reasonably" are omitted as surplus. The words "State authority" are substituted for "State board" for consistency and as being more precise. The words "terms and" are omitted as unnecessary.

In subsection (c), the words "Where an application is made in good faith for the exemption of a motor carri er under this subparagraph" are omitted as unneces sary and in view of section 10321 of the revised title giving the Commission general authority to carry out the subtitle. The words "State authority" are substi tuted for "State board" for consistency and as being more precise.

In subsection (e), the words "interstate or foreign commerce" are retained because they are used in a constitutional sense in the subsection rather than in the sense of statutory definitions as in the case of subsection (a).

1980 ACT

This amends section 10525(d) to correct a grammati cal error.

AMENDMENTS

1982-Subsecs. (e), (f). Pub. L. 97-261 added subsec. (e) and redesignated former subsec. (e) as (f).

1980-Subsec. (d). Pub. L. 96-258 substituted "class of motor carriers affects or impairs, or is likely substantially" for "class of motor carriers is, or is likely substantially".

EFFECTIVE DATE OF 1982 AMENDMENT Amendment by Pub. L. 97-261 effective Sept. 20, 1982, see section 31(c) of Pub. L. 97-261, set out as a note under section 10101 of this title.

EFFECTIVE DATE OF 1980 AMENDMENT

Section 3(d) of Pub. L. 96-258 provided that: "The amendments made by section 1(4), (5)(A), (6), (7), (8), (9), (10), (13), (14), (15), and (16) of this Act [enacting section 11351 of this title and amending sections 10525, 10526, 10544, 10706, 10784, 10923, 11101, 11707, 11909, 11912, and 11914 of this title] are effective October 17, 1978."

§ 10526. Miscellaneous motor carrier transportation exemptions

(a) The Interstate Commerce Commission does not have jurisdiction under this subchapter over

(1) a motor vehicle transporting only school children and teachers to or from school;

(2) a motor vehicle providing taxicab service and having a capacity of not more than 6 passengers and not operated on a regular route or between specified places;

(3) a motor vehicle owned or operated by or for a hotel and only transporting hotel patrons between the hotel and the local station of a common carrier;

(4) a motor vehicle controlled and operated by a farmer and transporting

(A) the farmer's agricultural or horticultural commodities and products; or

(B) supplies to the farm of the farmer; (5) a motor vehicle controlled and operated by a cooperative association (as defined by section 15(a) of the Agricultural Marketing Act (12 U.S.C. 1141j(a))) or by a federation of cooperative associations if the federation has no greater power or purposes than a cooperative association, except that if the cooperative association or federation provides transportation for compensation between a place in a State and a place in another State, or between a place in a State and another place in the same State through another State

(A) for a nonmember that is not a farmer, cooperative association, federation, or the United States Government, the transportation (except for transportation otherwise exempt under this subchapter)—

(i) shall be limited to transportation incidental to the primary transportation operation of the cooperative association or federation and necessary for its effective performance;

(ii) may not exceed in each fiscal year 25 percent of the total transportation of the cooperative association or federation between those places, measured by tonnage; and

(iii) shall be provided only after the cooperative association or federation notifies the Commission of its intent to provide the transportation; and

non

(B) the transportation for all members may not exceed in each fiscal year, measured by tonnage, the total transportation between those places for the cooperative association or federation and its members during that fiscal year;

(6) transportation by motor vehicle of

(A) ordinary livestock;

(B) agricultural or horticultural commodities (other than manufactured products thereof);

(C) commodities listed as exempt in the Commodity List incorporated in ruling numbered 107, March 19, 1958, Bureau of Motor Carriers, Interstate Commerce Commission, other than frozen fruits, frozen berries, frozen vegetables, cocoa beans, coffee beans, tea, bananas, or hemp, or wool

imported from a foreign country, wool tops and noils, or wool waste (carded, spun, woven, or knitted);

(D) cooked or uncooked fish, whether breaded or not, or frozen or fresh shellfish, or by-products thereof not intended for human consumption, other than fish or shellfish that have been treated for preserving, such as canned, smoked, pickled, spiced, corned, or kippered products; and

(E) livestock and poultry feed and agricultural seeds and plants, if such products (excluding products otherwise exempt under this paragraph) are transported to a site of agricultural production or to a business enterprise engaged in the sale to agricultural producers of goods used in agricultural production;

(7) a motor vehicle used only to distribute newspapers;

(8)(A) transportation of passengers by motor vehicle incidental to transportation by aircraft;

(B) transportation of property (including baggage) by motor vehicle as part of a continuous movement which, prior or subsequent to such part of the continuous movement, has been or will be transported by an air carrier or (to the extent so agreed by the United States and approved by the Civil Aeronautics Board or its successor agency) by a foreign air carrier; or

(C) transportation of property by motor vehicle in lieu of transportation by aircraft because of adverse weather conditions or mechanical failure of the aircraft or other causes due to circumstances beyond the control of the carrier or shipper;

(9) the operation of a motor vehicle in a national park or national monument;

(10) a motor vehicle carrying not more than 15 individuals in a single, daily roundtrip to commute to and from work.1

(11) transportation of used pallets and used empty shipping containers (including intermodal cargo containers), and other used shipping devices (other than containers or devices used in the transportation of motor vehicles or parts of motor vehicles);

(12) transportation of natural, crushed, vesicular rock to be used for decorative purposes;

(13) transportation of wood chips; or

(14) brokers for motor carriers of passengers, except as provided in section 10924(f) of this title.

(14) 2 transportation of broken, crushed, or powdered glass.

(b) Except to the extent the Commission finds it necessary to exercise jurisdiction to carry out the transportation policy of section 10101 of this title, the Commission does not have jurisdiction under this subchapter over

(1) transportation provided entirely in a municipality, in contiguous municipalities, or in a zone that is adjacent to, and commercial

'So in original. The period probably should be a semicolon. 'So in original. Two pars. (14) have been enacted,