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 transportation" 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 commerce" 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.

rier from a place in the United States to another place in the United States before transshipment from a place in the United States to a place outside the United States; and

(C) when the transportation is by water carrier from a place outside the United States, the transportation is provided by water carrier from a place in the United States to another place in the United States after transshipment to a place in the United States from a place outside the United States.

(b) If transportation by a carrier would be subject to the jurisdiction of the Commission under both subsection (a) of this section and subchapter I of this chapter, then that transportation is subject to the jurisdiction of the Commission under subsection (a) of this section. However, that transportation is also subject to the jurisdiction of the Commission under subchapter I of this chapter to the extent that this subtitle imposes requirements on transportation by carriers subject to the jurisdiction of the Commission under subchapter I that are not imposed on transportation by carriers subject to the jurisdiction of the Commission under subsection (a) of this section. (c) This subtitle does not

(1) affect the power of a State to regulate intrastate transportation provided by a water carrier; or

(2) authorize the Commission to prescribe or regulate a rate for intrastate transportation by a water carrier.

(Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1365.) HISTORICAL AND REVISION NOTES

In the introductory matter of subsection (a), before clause (1), the words "the Interstate Commerce Commission has jurisdiction over transportation insofar as water carriers are concerned" are based on 49:chapter 12 and are inserted to inform the reader of the general jurisdiction of the Commission in the water carrier area and to conform to the approach of sections 10501 and 10521 that are based on existing law. The words "Subject to this chapter and other provisions of law" are inserted to inform the reader that other sections of the subtitle qualify the grant of jurisdiction to the Commission under subsection (a).

In subsection (a)(1), (3), the words "wholly", and "partly" are omitted as surplus. The words "water carrier", "rail carrier", and "motor carrier" are substituted for "water", "railroad", and "motor vehicle", respectively, as more precise because the purpose of the language of the section is to state the jurisdiction of the Commission over transportation by the 3 types of carriers, and the terms "railroad" and "motor vehicle" are defined terms incorporated into the definitions of "rail carrier" and "motor carrier", respectively.

In subsection (a)(3), the words "for movement" and "in a movement" are omitted as surplus.

In subsection (c), the words "This subtitle does not" are substituted for "Nothing in this chapter shall" for clarity. The word "exclusive" is omitted as unnecessary. The words "intrastate transportation" are substituted for "intrastate commerce" for consistency. The words "within the jurisdiction of such State" are omitted as unnecessary. 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 after "intrastate transportation" are omitted as unnecessary because services are included in the word "transportation" and because of the restatement of the source provisions.

§ 10542. Exempt bulk transportation

(a)(1) The Interstate Commerce Commission does not have jurisdiction under this subchapter over transportation by a water carrier of commodities in bulk that, under an existing custom of the trade in the handling and transportation of commodities in bulk as of June 1, 1939

(A) are loaded and carried without wrappers or containers; and

(B) are received and delivered by the carrier without transportation mark or count.

(2) This subsection does not apply to transportation subject to chapter 23A of title 46 on September 18, 1940.

(b) The Commission does not have jurisdiction under this subchapter over transportation by a water contract carrier of commodities in bulk in a non-oceangoing vessel on a normal voyage during which—

(1) the cargo space of the vessel is used for carrying not more than 3 commodities in bulk; and

(2) the vessel passes in or through waters that are international for navigational purposes by a treaty to which the United States is a party.

(c) The Commission does not have jurisdiction under this subchapter over transportation by water carrier of liquid cargoes in bulk in tank vessels

(1) designed exclusively for transporting such a cargo; and

(2) certified under regulations of the Secretary of Transportation under section 391a of title 46.

(Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1366.) HISTORICAL AND REVISION NOTES

Feb. 4, 1887, ch. 104, 24 Stat. 379, § 303 (b), (c), (d); added Sept. 18, 1940, ch. 722, §201, 54 Stat. 931; Reorg. Plan No. 3 of 1946, eff. May 16, 1946, 88 101-104, 60 Stat. 1097; Oct. 15, 1966, Pub. L. 89-670, § 6(b), 80 Stat. 937; Dec. 28, 1970, Pub. L. 91-590, 1, 84 Stat. 1587; Dec. 27, 1973, Pub. L. 93-201, § 1, 87 Stat. 838.

In subsection (a)(1), before clause (A), and in subsections (b) and (c), before each clause (1), the words "Commission does not have jurisdiction under this