(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.)

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.

§ 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.)

1980-Pub. L. 96-296 designated existing provision as subsec. (a) and added subsecs. (b) and (c).

§ 10525. Exempt motor carrier transportation entirely in one State

(a) The Interstate Commerce Commission shall exempt transportation of a motor carrier subject to the jurisdiction of the Commission under this subchapter from compliance with this subtitle when

(1) the motor carrier provides transportation entirely in one State; and

(2) the Commission finds that the nature or quantity of transportation provided by the

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

(B) the transportation for all nonmembers 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.

ly a part of, the municipality or municipalities, except

(A) when the transportation is under common control, management, or arrangement for a continuous carriage or shipment to or from a place outside the municipality, municipalities, or zone; or

(B) that in transporting passengers over a route 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, the transportation is exempt from the jurisdiction of the Commission only if the motor carrier operating the motor vehicle also is lawfully providing intrastate transportation of passengers over the entire route under the laws of each State through which the route runs;

(2) transportation by motor vehicle provided casually, occasionally, or reciprocally but not as a regular occupation or business, except when a broker or other person sells or offers for sale passenger transportation provided by a person authorized to transport passengers by motor vehicle under an application pending, or certificate or permit issued, under this subtitle; or

(3) the emergency towing of an accidentally wrecked or disabled motor vehicle.

(Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1364; Pub. L. 96-258, § 1(5), June 3, 1980, 94 Stat. 425; Pub. L. 96-296, §§ 7, 21(a), 24(a), July 1, 1980, 94 Stat. 797, 812, 814; Pub. L. 96-454, § 11(a), Oct. 15, 1980, 94 Stat. 2023; Pub. L. 97-261, § 14(d), Sept. 20, 1982, 96 Stat. 1114; Pub. L. 97-377, § 152, Dec. 21, 1982, 96 Stat. 1918; Pub. L. 97-449, 5(g)(1), Jan. 12, 1983, 96 Stat. 2442.)

HISTORICAL AND REVISION NOTES

Feb. 4, 1887, ch. 104, 24 Stat. 379, 203(b); added Aug. 9, 1935, ch. 498, § 1, 49 Stat. 545; June 23, 1938, ch. 601, § 1107(3), 52 Stat. 1029; June 29, 1938, ch. 811, § 3, 52 Stat. 1237; Sept. 18, 1940, ch. 722, § 18(b)(2)-(6), 54 Stat. 921; July 9, 1952, ch. 599, 1, 66 Stat. 479; Aug. 12, 1958, Pub. L. 85-625, § 7(a), 72 Stat. 573; Dec. 17, 1963, Pub. L. 88-208, 1, 77 Stat. 402; July 26, 1968, Pub. L. 90-433, 1, 82 Stat. 448. & Feb. 4, 1887, ch. 104, 24 Stat. 379, § 209(a)(1) (last proviso); added Aug. 9, 1935, ch. 498, 1, 49 Stat. 553.

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 "Nothing in this chapter, . . . shall be construed to include" for clarity and to conform to the terms used in chapter 105 of the revised title. 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 or standards of 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 subsection (a)(1), the words "transporting only" are substituted for "employed solely in transporting" to conform to the terms of the other clauses of the section.

In subsection (a)(2), the words "taxicabs, or other" and "bona fide" are omitted as surplus. The words "specified places" are substituted for "fixed termini" for consistency.

In subsection (a)(3), the words "railroad or other" are omitted as surplus. The word "only" is substituted for "exclusively" for consistency.

In subsection (a)(5), the words "so defined" are omitted as surplus. The words "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" are substituted for "interstate transpor tation" for clarity and consistency. The words "any agency or instrumentality thereof" are omitted as surplus.

In subsection (a)(5)(A)(i), (ii), and (iii), the words "under this subchapter" are substituted in each place for "under this chapter" because of the codification of the motor carrier jurisdictional provisions in subchapter II of chapter 105 of the revised title.

In subsection (a)(5)(A)(ii) and (B), the word "by" is substituted in each place for "in terms of" to eliminate surplus words.

In the introductory matter of subsection (a)(6), before clause (A), the words "or passengers" are omitted as unnecessary in view of the restatement of the introductory matter.

In subsection (a)(6)(A), the words "(including shellfish)" are omitted as unnecessary in view of subsection (a)(6)(D).

In subsection (a)(7), the word "only" is substituted for "exclusively" for consistency.

Subsection (a)(9) restates the source provisions for clarity and consistency. The words following the comma in 49:309(a)(1) (last proviso), and the words "under authorization, regulation, and control of the Secretary of the Interior" in 49:303(b)(4), are omitted as surplus.

In subsection (b)(1), the words "in interstate or foreign commerce" are omitted for consistency and as unnecessary because the Commission only has jurisdic tion under subchapter II of chapter 105 when interstate or foreign commerce is involved. See section 10521 of the revised title.

In subsection (b)(1)(B), the words "regular or irregu lar", "or routes", "lawfully", and "such interstate" are omitted as surplus. The words "between a place in a State and a place in another State, or a place in a State and another place in the same State through an. other State" are substituted for "interstate com. merce" for clarity. The words "through which the route runs" are substituted for "having jurisdiction" for clarity.

In subsection (b)(2), the words "interstate or foreign commerce for compensation" are omitted for consist ency and as unnecessary because the Commission only has jurisdiction under subchapter II of chapter 105 when interstate or foreign commerce for compensa. tion is concerned. The words "passengers or property" are omitted as unnecessary in view of the definition of "transportation". The words "procured or furnished or arranged for" are omitted as surplus in view of the definition of "broker" in section 10102 of the revised

title.

In subsection (b)(3), the words "in interstate or for eign commerce" are omitted as surplus.

1983-Subsec. (a)(5). Pub. L. 97-449 substituted "section 15(a) of the Agricultural Marketing Act (12 U.S.C. 1141j(a))" for "section 1141j(a) of title 12".

1982-Subsec. (a)(14). Pub. L. 97-377 added par. (14), relating to transportation of glass.

Pub. L. 97-261 added par. (14), relating to brokers for motor carriers of passengers.

1980-Subsec. (a)(2). Pub. L. 96-258, § 1(5)(A), struck out "is" following "more than 6 passengers and".

Subsec. (a)(5)(A)(ii). Pub. L. 96-296, § 24(a), substituted "25 percent" for "15 percent".

Subsec. (a)(6). Pub. L. 96-296, §§ 7(a), 21(a), in provision preceding subpar. (A), substituted "transportation by motor vehicle" for "a motor vehicle carrying, for compensation, only property and that property consists", in subpar. (D), inserted "or by-products thereof not intended for human consumption," following "fresh shellfish,", and added subpar. (E).

Subsec. (a)(8). Pub. L. 96-296, § 7(b), designated existing provision as subpar. (A), and in subpar. (A) as so designated, inserted "of passengers" preceding "by motor vehicle" and struck out "or" following "aircraft;", and added subpars. (B) and (C).

Subsec. (a)(10). Pub. L. 96-454 redesignated par. (10), as added by Pub. L. 96-296, relating to transportation of used pallets, used shipping containers, and other used shipping devices, as (11).

Pub. L. 96-296, § 7(c), added par. (10), relating to transportation of used pallets, used shipping containers, and other used shipping devices.

Pub. L. 96-258, § 1(5)(B)-(D), added par. (10), relating to motor vehicles not carrying more than 15 individuals.

Subsec. (a)(11). Pub. L. 96-454 redesignated par. (10), as added by Pub. L. 96-296, relating to transportation of used pallets, used shipping containers, and other used shipping devices, as (11). Former par. (11) redesignated (12).

Pub. L. 96-296, § 7(c), added par. (11).

Subsec. (a)(12). Pub. L. 96-454 redesignated par. (11) as (12). Former par. (12) redesignated (13). Pub. L. 96-296, § 7(c), added par. (12). Subsec. (a)(13). Pub. L. 96-454 redesignated par. (12) as (13).

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.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment of subsec. (a)(2) of this section by Pub. L. 96-258 effective Oct. 17, 1978, see section 3(d) of Pub. L. 96-258, set out as a note under section 10525 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 10527, 10528, 10529, 10561, 10749, 10922, 10923, 11101 of this title; title 16 section 2302.

§ 10527. Written contracts pertaining to certain interstate movements by motor vehicle

(a) Notwithstanding the provisions of section 10526(a)(6) of this subchapter, the Interstate Commerce Commission, in cooperation with the Secretary of Agriculture, shall, where appropriate, require by regulation the use of written contracts for the interstate movement by motor vehicle of property described in such section and for brokerage services to be provided in connection with the interstate movement of such property.

(b) A written contract between an owner or operator of a motor vehicle and a broker, shipper of property, or receiver of property which is required to be used by the Commission under this section shall specify the arrangements, including compensation, with respect to loading and unloading of the property transported under such contract. Whenever the shipper or receiver of the property transported under such contract requires that the operator of the vehicle load or unload any part of the property onto or from the vehicle contrary to any provision of such contract, the shipper or receiver shall compensate the owner or operator of the vehicle for all costs associated with loading or unloading that part of the property. Any person who knowingly violates the preceding sentence is liable to the United States Government for a civil penalty of not more than $10,000 for each violation.

(c) The Commission shall prescribe, by regulation, the minimum requirements and conditions of written contracts required to be used under this section.

(Added Pub. L. 96-296, § 16(a), July 1, 1980, 94 Stat. 810.)

AGREEMENTS BETWEEN INTERSTATE COMMERCE COMMISSION AND SECRETARY OF AGRICULTURE Section 16(d) of Pub. L. 96-296 provided that: "The Interstate Commerce Commission and the Secretary of Agriculture may enter into agreements (including, but not limited to, memorandums of understanding) in carrying out the provisions of section 10527(a) of title 49, United States Code."

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 11702 of this title.

§ 10528. Mixed loads of regulated and unregulated property

A motor carrier of property providing transportation exempt from the jurisdiction of the Commission under paragraph (6), (8), (11), (12), or (13) of section 10526(a) of this subchapter may transport property under such paragraph in the same vehicle and at the same time as property which the carrier is authorized to transport under a certificate issued under section 10922(b) of this subtitle or under a permit issued under section 10923 of this subtitle. Such transportation shall not affect the unregulated status of such exempt property or the regulated status of the property which the carrier is authorized to transport under such certificate or permit.