chapter, to transport property over the same route or in the same area; and

(2) if a person controls, is controlled by, or is under common control with, another person, one of them may not hold a certificate of a water common carrier, while the other holds a permit of a water contract carrier, to transport property over the same route or in the same area.

(b)(1) A person may not hold a permit of a freight forwarder issued under this subchapter if the person is a common carrier providing transportation subject to the jurisdiction of the Commission under subchapter I, II, or III of chapter 105 of this title.

(2) Except for motor vehicle transportation subject to the jurisdiction of the Commission under subchapter IV of chapter 105 of this title by section 10523(a)(2) of this title, a permit may not authorize a freight forwarder to conduct direct rail, water, or motor carrier transportation subject to the jurisdiction of the Commission under subchapter I, II, or III of that chapter.

(3) Except when the Commission finds that service to be provided as a freight forwarder is consistent with the public interest and the transportation policy of section 10101 of this title, a person may not hold a permit of a freight forwarder when

(A) the principal business of the person is manufacturing and selling, or buying and selling, or both manufacturing and selling and buying and selling articles or commodities, and the service of a freight forwarder (or similar assembling, consolidating, and shipping service is provided by the person for its own business) is commonly used to transport the articles or commodities; or

(B) the person controls, is controlled by, or is under common control with, a person referred to in clause (A) of this paragraph. (Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1415; Pub. L. 96-296, § 10(b), July 1, 1980, 94 Stat. 800.)

HISTORICAL AND REVISION NOTES

Source (Statutes at Large)

Feb. 4, 1887, ch. 104, 24 Stat. 379, 210; added Aug. 9, 1935, ch. 498, § 1, 49 Stat. 554; Sept. 18, 1940, ch. 722, §§ 16, 21(a), 54 Stat. 919, 923.

Feb. 4, 1887, ch. 104, 24 Stat. 379, 310; added Sept. 18, 1940, ch. 722, § 201, 54 Stat. 943.

Feb. 4, 1887, ch. 104, 24 Stat. 379, §§ 410(c) (2d sentence words before semicolon), (h), 411(b) (less last proviso); added May 16, 1942, ch. 318, 1, 56 Stat. 291.

In subsection (a), the words "or shall have found" are omitted as executed.

In subsection (b)(2), the words "subject to the jurisdiction of the Commission under subchapter I, II, or III of that chapter” are substituted for “is to be regulated as service subject to this chapter” for clarity and consistency.

In subsection (b)(3), the words "It shall be unlawful for", "operations are of such character that", "or forwarders", and "in connection with the transportation" are omitted as unnecessary. The words "under section 1010 of this title" and "is otherwise qualified under section 1010 of this title" are omitted in view of section 10921 of the revised title requiring a person to have a permit and satisfying the requirements for issuance of a permit under subchapter II of chapter 109 of the revised title, or else requiring the person to come within one of the exceptions, before the person can provide the service of a freight forwarder subject to Commission jurisdiction.

AMENDMENTS

1980-Subsec. (a)(1). Pub. L. 96-296, 10(b)(1), struck out "both a certificate of a motor common carrier and a permit of a motor contract carrier issued under this subchapter, or" following "may not hold".

Subsec. (a)(2). Pub. L. 96-296, § 10(b)(2), struck out provision that if a person controls, is controlled by, or is under common control with, another person, one of them could not hold a certificate of a motor common carrier, while the other holds a permit of a motor contract carrier, to transport property over the same route and in the same area.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 10922, 10923, 11702, 11708 of this title.

§ 10931. Motor common carriers providing transpor. tation entirely in one State

(a) A motor common carrier may provide transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter II of chapter 105 of this title without a certificate issued by the Commission under section 10922 of this title, when

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

(2) the carrier is not controlled by, controlling, or under common control with a carrier providing transportation outside the State;

(3) the carrier has applied for, and has been issued, a certificate of public convenience and necessity by the State authority having jurisdiction to issue such a certificate, permitting the carrier to provide intrastate transportation by motor vehicle; and

(4) the intrastate certificate was issued after, and the certificate states that

(A) notice was given to interested parties through publication in the Federal Register of the filing of the application by the carri er and the desire of the carrier to provide transportation otherwise under the jurisdiction of the Commission within the limits of the certificate issued by the State authority;

(B) reasonable opportunity to be heard was given; and

(C) the State authority considered and found that the public convenience and necessity require that the carrier be permitted to provide transportation under the jurisdiction of the Commission within limits that do not exceed the scope of the certifi cate issued by the State authority. (b) An interested party that opposed issuing the certificate to a motor common carrier in a proceeding before a State authority may peti

tion the Commission for reconsideration of a decision of the State authority. On reconsideration, the Commission, based on the record before the State authority, may affirm, reverse, or change that decision, but only with respect to the transportation subject to Commission jurisdiction.

(c) The Commission may require, before a motor common carrier provides transportation authorized under this section, that—

(1) a certified copy of the carrier's intrastate certificate and other appropriate information be filed with the Commission; and

(2) the carrier comply with applicable requirements established by the Commission. (d)(1) The Commission shall issue a certificate of registration to a motor common carrier authorizing the carrier to provide transportation under this section. The authority granted under the certificate is subject to all other applicable provisions of this subtitle. Except as otherwise provided in this subsection and subchapter III of chapter 113 of this title, the certificate of registration may be transferred if it is transferred with the intrastate certificate. Transfer of the intrastate certificate without the certificate of registration revokes the certificate of registration.

(2) The certificate of registration issued by the Commission is valid as long as the motor common carrier provides transportation entirely in the State from which it received its intrastate certificate and is not controlled by, controlling, or under common control with, a carrier providing transportation outside the State. (e)(1) On the 180th day after the termination, restriction in scope, or suspension of the intrastate certificate, the authority granted under this section to provide transportation is revoked or likewise restricted unless the intrastate certificate is renewed or reissued or the restriction is removed by that 180th day.

(2) Transportation authorized under this section may be suspended or revoked by the Commission under section 10925 of this title. (Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1416.) HISTORICAL AND REVISION NOTES

thority" is substituted for "commission" for consistency and to distinguish from "Commission". The word "permitting" is substituted for "authorizing" for consistency and to avoid confusion with the term "State authority".

In subsection (a), the words "On and after October 15, 1962" are omitted as executed. The words "interested parties" are substituted for "interested persons" for consistency and as being more precise. The words "duly" and "the question of the proposed interstate and foreign operations" are omitted as unnecessary.

In subsection (b), the words "In accordance with such reasonable rules as may be prescribed by the Commission" are omitted as unnecessary in view of section 10321(a) of the revised title giving the Commission general authority to carry out the subtitle and to prescribe regulations.

In subsection (c), the word "information" is substituted for "statements and data" to eliminate redundancy.

In subsection (d), the words "and the regulations prescribed hereunder" and "pursuant to such rules and regulations as may be prescribed by the Commission" are omitted as unnecessary in view of section 10321(a) of the revised title giving the Commission general authority to carry out the subtitle and to prescribe regulations. The words "otherwise provided in this subsection" are substituted for "in the conditions and limitations stated herein" as being more precise. The word "revokes" is substituted for "shall terminate" for consistency.

I subsection (e), the word "revoked", with respect to Commission action, is substituted for "terminated" for consistency. The words "under section 10925 of this title" are substituted for "in accordance with the provisions of this Act governing the suspension and termination of certificates issued by the Commission" for clarity.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 11708 of this title.

§ 10932. Motor carrier savings provisions

(a) Except as specifically provided in a certificate or permit, the holder of a motor carrier certificate or permit issued as the result of an application filed before September 2, 1950, authorizing the carrier to provide transportation in the United States or between the United States and a foreign country (to the extent the transportation is in the United States), may provide the transportation between a place in the United States and a place in a territory or possession of the United States

(1) without being authorized to do so by the Interstate Commerce Commission; and

(2) to the same extent and subject to the same conditions of the certificate or permit of the carrier.

(b)(1) A motor common carrier providing transportation under an intrastate certificate issued by a State and under a certificate of registration issued by the Commission under section 206(a)(7) of the Interstate Commerce Act (76 Stat. 912) that has been in effect since October 15, 1962, may continue to provide transportation otherwise subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title

(A) if the certificate of the State authorizing intrastate transportation is limited to a specified period of time, only for that period;

(B) subject to all other applicable provisions of this subtitle;

(C) as long as the carrier provides transportation only in the State issuing the intrastate certificate; and

(D) as long as the carrier is not controlled by, controlling, or under common control with, a carrier providing transportation outside the State.

(2) Except as provided in subchapter III of chapter 113 of this title, the certificate of registration issued by the Commission may be transferred if it is transferred with the intrastate certificate. Transfer of the intrastate certificate without the certificate of registration revokes the certificate of registration.

(3) On the 180th day after the termination, restriction in scope, or suspension of the intrastate certificate, the authority granted under the certificate of registration is revoked or likewise restricted unless the intrastate certificate is renewed or reissued or the restriction is removed by that 180th day. The certificate of registration may be suspended or revoked by the Commission under section 10925 of this title.

(c) Under regulations of the Commission, a motor common carrier transporting passengers under a certificate issued by the Commission as the result of an application filed before January 2, 1967, or under a reissuance of the operating authority provided in the certificate, may provide transportation to any place subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title for special and chartered parties.

(d) The Commission may not prescribe a condition for a motor contract carrier permit issued before August 23, 1957, that restricts the authority of the carrier

(1) to substitute similar contracts within the scope of the permit; or

(2) to add contracts within the scope of the permit, unless the Commission, on its own initiative or on petition of an interested carrier, finds that the scope of the transportation to be provided by the motor contract carrier under any such additional contract is not confined to transportation provided by a motor contract carrier as defined after August 21, 1957.

(Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1417.) HISTORICAL AND REVISION NOTES

Source (Statutes at Large)

Feb. 4, 1887, ch. 104, 24 Stat. 379, §§ 206(a)(2), 209(a)(2); added Sept. 1, 1950, ch. 835, 2, 3, 64 Stat. 574, 575.

Feb. 4, 1887, ch. 104, 24 Stat. 379, 206(a)(7); added Oct. 15, 1962, Pub. L. 87-805, § 2, 76 Stat. 912. Feb. 4, 1887, ch. 104, 24 Stat. 379, 208(c); added Aug. 9, 1935, ch. 498, § 1, 49 Stat. 552; restated Nov. 10, 1966, Pub. L. 89-804, § 1, 80 Stat. 1521. Feb. 4, 1887, ch. 104, 24 Stat. 379, § 209(b) (last proviso); added Aug. 22, 1957, Pub. L. 85-163, § 2, 71 Stat. 412.

In subsection (a), the words "heretofore issued under this chapter, or hereafter issued under this chapter" are omitted as unnecessary in view of section 10321(a) of the revised title giving the Interstate Commerce Commission general authority to carry out the subtitle and to prescribe regulations. The words "in the United States or between the United States and a foreign country (to the extent the transportation is in the United States)" are substituted for "interstate or foreign commerce" for consistency and as being more informative. The words "over any route or routes or within any territory" and "limitations" are omitted as unnecessary. The words "may provide the transporta tion" are substituted for “may . . . engage" for consistency and in view of the jurisdiction of the Commission over transportation under subchapter II of chapter 105 of the revised title.

In subsection (b), the first and second sentences of paragraph (7)(A) and all of paragraph (7)(B) of 49:306(a)(7) are omitted as executed. The word "transportation" is substituted for "operations" for consist ency and in view of the jurisdiction of the Commission over transportation. The words "interstate or foreign commerce" are omitted as being already included in the words "subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title". The words "and the regulations prescribed hereunder" and "pursuant to such rules and regulations as may be prescribed by the Commission" are omitted as unnec essary in view of section 10321(a) of the revised title. In subsection (b)(2) and (3), the words "revokes" and "revoked" with respect to Commission action, are substituted for "shall terminate" and "terminate", respectively, for consistency. The words "under section 10925 of this title" are substituted for "in accordance with the provisions of this Act governing the suspension and termination of certificates of public convenience and necessity issued by the Commission" for clarity.

In subsection (c), the words "interstate or foreign commerce" are omitted as being already included in the words "subject to the jurisdiction of the Commis. sion under subchapter II of chapter 105 of this title". The words "rules and regulations as the Commission shall have prescribed" are omitted in view of section 10321(a) of the revised title.

In subsection (d), the words "terms, or limitations" are omitted as unnecessary. The words "on its own ini. tiative" are substituted for "on its own motion" for consistency.

REFERENCES IN TEXT

Section 206(a)(7) of the Interstate Commerce Act, referred to in subsec. (b)(1), was classified to section 306(a)(7) of former Title 49, Transportation, from which subsec. (b) of this section was derived, and was repealed by Pub. L. 95-473, § 4(b), Oct. 17, 1978, 92 Stat. 1466. For further details, see Historical and Revision Notes above.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 11708 of this title.

§ 10933. Authorizing abandonment of freight forward

er service

§ 10934. Household goods agents

(a) Each motor common carrier providing transportation of household goods subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title shall be responsible for all acts or omissions of any of its agents which relate to the performance of household goods transportation services (including accessorial or terminal services) subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title and which are within the actual or apparent authority of the agent from the carrier or which are ratified by the carrier.

(b) Each motor common carrier providing transportation of household goods subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title shall use due diligence and reasonable care in selecting and maintaining agents who are sufficiently knowledgeable, fit, willing, and able to provide adequate household goods transportation services (including accessorial and terminal services) and to fulfill the obligations imposed upon them by this subtitle and by such carrier.

(c)(1) Whenever the Commission has reason to believe from a complaint or investigation that an agent providing household goods transportation services (including accessorial and terminal services) under the authority of a motor common carrier providing transportation of household goods subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title has violated section 11901(j) or 11917 of this title or is consistently not fit, willing, and able to provide adequate household goods transportation services (including accessorial and terminal services), it may issue to such agent a complaint stating the charges and containing notice of the time and place of a hearing which shall be held no later than 60 days after service of the complaint to such agent.

(2) Such agent shall have the right to appear at such hearing and rebut the charges contained in the complaint.

(3) If such person does not appear at the hearing or if the Commission finds that the

agent has violated section 11901(j) or 11917 of this title or is consistently not fit, willing, and able to provide adequate household goods transportation services (including accessorial and terminal services), it may issue an order to compel compliance with the requirement that the agent be fit, willing, and able. Thereafter, the Commission may issue an order to limit, condition, or prohibit such agent from any involvement in the transportation or provision of services incidental to the transportation of household goods subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title if, after notice and an opportunity for a hearing, it finds that such agent, within a reasonable time after the date of issuance of a compliance order under this section, but in no event less than 30 days after such date of issuance, has willfully failed to comply with such order.

(4) Upon filing of a petition with the Commission by an agent who is the subject of an order issued pursuant to the second sentence of paragraph (3) of this subsection and after notice, a hearing shall be held with an opportunity to be heard. At such hearing, a determination shall be made whether the order issued pursuant to paragraph (3) of this subsection should be rescinded.

(5) Any agent adversely affected or aggrieved by an order of the Commission issued under this subsection may seek relief in the appropriate United States court of appeals as provided by and in the manner prescribed in chapter 158 of title 28, United States Code.

(d) The antitrust laws, as defined in the first section of the Clayton Act (15 U.S.C. 12), do not apply to discussions or agreements between a motor common carrier providing transportation of household goods subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title and its agents (whether or not an agent is also a carrier) related solely to (1) rates for the transportation of household goods under the authority of the principal carrier, (2) accessorial, terminal, storage, or other charges for services incidental to the transportation of household goods transported under the authority of the principal carrier, (3) allowances relating to transportation of household goods under the authority of the principal carrier, and (4) ownership of a motor common carrier providing transportation of household goods subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title by an agent or membership on the board of directors of any such motor common carrier by an agent.

(Added Pub. L. 96-454, § 5(a)(1), Oct. 15, 1980, 94 Stat. 2013.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 10322 of this title.

§ 10935. Discontinuing bus transportation in one State

(a) When a motor common carrier of passengers having intrastate authority under the laws of a State, and interstate authority under a cer