(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 transportation" are substituted for “may . . . engage" for consist ency 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 Commission 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 initiative" 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 Revi sion 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 When a freight forwarder is controlled by, or under common control with, a common carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I, II, or III of chapter 105 of this title, the freight forwarder may abandon any part of the service it provides subject to the jurisdiction of the Commission under subchapter IV of chapter 105, only if the Commission finds the abandonment is consistent with the public interest and the transportation § 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 tificate issued under section 10922 of this subchapter, to provide transportation over any route to any point in such State has proposed to discontinue providing transportation over such route to such point or to reduce its level of service over such route to such point to a level which is less than one trip per day (excluding Saturdays and Sundays) and the carrier has requested the department, agency, or instrumentality of such State having jurisdiction over granting such discontinuance or reduction for permission to discontinue such intrastate transportation or to reduce its level of service to a level which is less than one trip per day (excluding Saturdays and Sundays) and the request has been denied (in whole or in part) or such department, agency, or instrumentality has not acted finally (in whole or in part) on the request by the 120th day after the carrier made the request, the carrier may petition the Commission for such permission. (b) When a petition is filed under subsection (a) of this section, the carrier shall certify that he has notified (1) the Governor of the State in which such transportation is provided, (2) the State authority having jurisdiction over granting discontinuances of transportation by motor common carriers of passengers and reductions in levels of service by such carriers, (3) local governments having jurisdiction over areas which would be affected if such petition is granted, and (4) such other interested persons as the Commission may specify by regulation. (c) Any person (including a department, agency, or instrumentality of a State or local government) may object to the Commission to the granting of permission to any motor common carrier of passengers to discontinue or reduce transportation under this section. (d) If no person objects under subsection (c) of this section to the granting of permission to discontinue or reduce transportation under this section within 20 days after the carrier files with the Commission the petition for such discontinuance or reduction, the Commission shall grant such permission at the end of such 20-day period. (e)(1)(A) Subject to paragraph (3) of this subsection, if, within 20 days after a carrier files a petition for permission to discontinue providing intrastate transportation over any route to any point or to reduce its level of service over such route to such point to a level which is less than one trip per day (excluding Saturdays and Sundays), any person objects under subsection (c) of this section to the Commission to the granting of such permission, the Commission shall grant such permission unless the Commission finds, on the basis of evidence presented by the person objecting to the granting of such permission, that such discontinuance or reduction is not consistent with the public interest or that continuing the transportation, without the proposed discontinuance or reduction, will not constitute an unreasonable burden on interstate commerce. (B) This paragraph shall apply to intrastate transportation of passengers which is being provided by a motor common carrier of passen "So in original. Probably should be "title.". gers on a route over which such carrier was granted, on or before August 1, 1982, authority to provide interstate transportation of passen. gers. (2)(A) Subject to paragraph (3) of this subsection, if, within 20 days after a carrier files a petition for permission to discontinue providing intrastate transportation over any route to any point or to reduce its level of service over such route to such point to a level which is less than one trip per day (excluding Saturdays and Sundays), any person objects under subsection (c) of this section to the Commission to the granting of such permission, the Commission shall grant such permission unless the Commission finds, on the basis of evidence presented by the person objecting to the granting of such permission, that continuing the transportation, without the proposed discontinuance or reduction, will not constitute an unreasonable burden on interstate commerce. For the purposes of this paragraph, continuance of the transportation would not constitute an unrea sonable burden on interstate commerce only if discontinuance or reduction of such transportation is not consistent with the public interest and the interstate and intrastate revenues from such service under reasonable pricing practices are not less than the variable costs of providing the transportation proposed to be discontinued or reduced. (B) This paragraph shall apply to intrastate transportation of passengers which is being provided by a motor common carrier of passengers on a route over which such carrier was granted after August 1, 1982, and before the effective date of this section, or is granted on or after such effective date, authority to provide interstate transportation of passengers. (3) The Commission shall only grant permission to a carrier to discontinue intrastate transportation over any route to any point under this subsection if such carrier has applied for authority to discontinue its interstate transpor. tation over such route to such point under section 10925(b) of this subchapter and the Com. mission has granted or will grant such authority. (4) If any person objects under subsection (c) of this section to the granting of permission to discontinue or reduce transportation under this section within 20 days after the carrier files with the Commission the petition for such discontinuance or reduction, the carrier, within 15 days after the filing of such objection with the Commission, shall furnish to the Commission and to objecting persons (A) an estimate of the annual subsidy required, if any, to continue the service; (B) traffic, revenue, and other data neces sary to determine the amount of annual financial assistance, if any, which would be required to continue the service; and (C) such other information as the Commission may require by regulation. The Commission shall take final action upon such petition not later than 90 days after the date the carrier files such petition. (f) Before a discontinuance or reduction in level of service proposed in a petition filed by a carrier under subsection (a) of this section has become effective, the Commission may order the carrier to continue any part of the intrastate transportation in not to exceed the 165day period beginning on the date the carrier files such petition with the Commission. (g)(1) In making a finding under subsection (e)(1) of this section, the Commission shall accord great weight to the extent to which interstate and intrastate revenues received for providing the transportation proposed to be discontinued or reduced are less than the variable costs of providing such transportation, including depreciation for revenue equipment. For purposes of the preceding sentence, the carrier filing a petition for permission to discontinue or reduce service shall have the burden of proving the amount of the interstate and intrastate revenues received for providing the transportation and the variable costs of providing the transportation. (2) In making a finding under subsection (e)(1) or (e)(2) of this section, the Commission shall consider, to the extent applicable, at least (A) the national transportation policy of section 10101 of this title; (B) whether the motor common carrier of passengers has received an offer of, or is receiving, financial assistance to provide the transportation to be discontinued or reduced from a financially responsible person (including a governmental authority); and (C) in the case of a petition to discontinue transportation to any point, whether the transportation is the last motor carrier of passenger service to such point and whether a reasonable alternative to such service is available. (h) No State or political subdivision thereof and no interstate agency or other agency of two or more States shall enact or enforce any law, rule, regulation, standard, or other provision having the force and effect of law relating to discontinuance or reduction in the level of intrastate service by a motor common carrier of passengers subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title corresponding to an interstate service initiated pursuant to the provisions of section 10922(c)(4) of this title, except to the extent that notice of discontinuance or reduction in service, not in excess of 30 days, may be required. (i) This section shall not apply to any carrier owned or controlled by a State or local government. (Added Pub. L. 97-261, § 16(a), Sept. 20, 1982, 96 Stat. 1115.) REFERENCES IN TEXT The effective date of this section, referred to in subsec. (e)(2)(B), is the 60th day after Sept. 20, 1982, see section 31(a) of Pub. L. 97-261, set out as an Effective Date of 1982 Amendment note under section 10101 of this title. EFFECTIVE DATE Section effective the 60th day after Sept. 20, 1982, see section 31(a) of Pub. L. 97-261, set out as an Effective Date of 1982 Amendment note under section 10101 of this title. EMPLOYEE PROTECTION Section 27 of Pub. L. 97-261 provided that: "(a)(1) Each individual who is eligible for protection under this section and whose employment is terminated by a motor common carrier of passengers (other than for cause) prior to the last day of the 10-year period beginning on the date of enactment of this Act [Sept. 20, 1982] shall have a right of priority reemployment, in his or her occupational specialty, by such carrier at such time as such carrier is hiring additional employees. "(2) Any motor common carrier of passengers hiring additional employees shall have a duty to hire an individual eligible for protection under this section, in his or her occupational specialty, before hiring any other individual if such individual— "(A) was terminated previously by such carrier; "(B) has applied for a vacant position for which such carrier is accepting applications; and "(C) at the time the application is filed, has notified such carrier that he or she is eligible for protection under this section. "(b)(1) Each individual who is eligible for protection under this section and whose employment is terminated by a motor common carrier of passengers (other than for cause) prior to the last day of the 10-year period beginning on the date of enactment of this Act [Sept. 20, 1982] shall have a right of consideration for employment, in his or her occupational specialty, by any other motor common carrier of passengers who is hiring additional employees. "(2) Each motor common carrier of passengers who is hiring additional employees shall have a duty to consider for employment, in his or her occupational specialty, an individual who is eligible for protection under this section if such individual "(A) has applied for a vacant position for which such carrier is accepting applications; and "(B) at the time the application is filed, has notified such carrier that he or she is eligible for protection under this section. "(c) An individual (other than a member of a board of directors or an officer of a corporation) who was employed by a motor common carrier of passengers for the 2-year period ending on the date of enactment of this Act [Sept. 20, 1982] shall be eligible for protection under this section if, upon application of such individual, the Commission determines that the employment of such individual has been terminated by a motor common carrier of passengers having intrastate authority under the laws of a State, and interstate authority under a certificate issued under section 10922 of title 49, United States Code, to provide transportation over any route to any point in such State as a result of such carrier "(1) discontinuing (A) interstate service over such route under section 10925(b) of such title, and (B) intrastate service over such route (i) under section 10935 of such title, or (ii) under the laws of such State; “(2) reducing (A) interstate service over such route under subtitle IV of such title, and (B) intrastate service over such route (i) under section 10935 of such title, or (ii) under the laws of such State; or "(3) substantially reducing (A) interstate service over such route under subtitle IV of such title, and (B) intrastate service over such route (i) under section 11501(e) of such title, or (ii) under the laws of such State. In a proceeding to determine whether an individual is eligible for protection under this section, it shall be the obligation of the individual whose employment has been terminated by a motor common carrier of passengers to identify to the Commission the discontinuance or reduction which such individual alleges resulted in such termination and to specify the pertinent facts; and it shall be the obligation of any carrier contesting the eligibility of the individual for protec tion under this section to prove that the discontinuance or reduction was not a contributing factor causing such termination. "(d) The Commission shall establish, maintain, and periodically publish a comprehensive list of jobs available with class I motor carriers of passengers. Such list shall include that information and detail, such as job descriptions and required skills, the Commission deems relevant and necessary. In addition to publishing the list, the Commission shall make every effort to assist individuals eligible for protection under this section in finding other available employment. The Commission may require each class I motor carrier of passengers to file with the Commission the reports, data, and other information necessary to fulfill the duties of the Commission under this subsection. "(e) For the purposes of this section: "(1) A motor common carrier of passengers shall not be considered to be hiring additional employees when it recalls any of its own furloughed employees. "(2) An individual who is furloughed by a motor common carrier of passengers and who still has a right of recall by such carrier shall not be considered to be terminated. "(3) The term 'Commission' means the Interstate Commerce Commission. "(4) The term 'motor common carrier of passengers' means a person who has authority under section 10922 of title 49, United States Code, to provide transportation of passengers subject to the jurisdiction of the Commission under subchapter II of chapter 105 of such title. "(5) The term 'class I motor carrier of passengers' means a motor common carrier of passengers having annual gross revenues from motor common carrier of passengers operations in excess of $3,000,000. "(f) Nothing in this section shall be construed to affect (1) an affirmative action plan or a hiring plan designed to eliminate discrimination, that is required by Federal or State statute, regulation, or Executive order, or by the order of a Federal court or agency, or (2) a permissible voluntary affirmative action plan. "(g) This section shall not apply (1) to any carrier owned or controlled by a State or local government, and (2) to any periodic discontinuance of or reduction in motor carrier of passenger service which is seasonal in nature. "(h) The Commission shall issue such rules and regulations as are necessary to carry out this section. Initial rules and regulations shall be promulgated within 6 months after the effective date of this section [the 60th day after Sept. 20, 1982). "(i) The provisions of this section shall terminate on the last day of the 12-year period beginning on the effective date of this section [the 60th day after Sept. 20, 1982]." 1982-Pub. L. 97-261, § 25(d)(2), Sept. 20, 1982, 96 Stat. 1125, added item 11111. 1980-Pub. L. 96-454, § 6(a)(2), Oct. 15, 1980, 94 Stat. 2016, added item 11110. Pub. L. 96-448, title III, § 302(b), Oct. 14, 1980, 94 Stat. 1938, added subchapter heading "SUBCHAPTER IV-RAILROAD COST ACCOUNTING" and items 11161 to 11168. Pub. L. 96-296, § 15(a)(2), July 1, 1980, 94 Stat. 809, added item 11109. SUBCHAPTER I-GENERAL REQUIREMENTS § 11101. Providing transportation and service (a) A common carrier providing transportation or service subject to the jurisdiction of the Interstate Commerce Commission under chapter 105 of this title shall provide the transportation or service on reasonable request. In addition, a motor common carrier shall provide safe and adequate service, equipment, and facilities. A rail carrier shall not be found to have violated this section because it fulfills its commit. ments under contracts approved under section 10713 of this title before responding to reason. able requests for service. (b) The Commission may prescribe requirements for continuous and adequate transporta. tion and service provided by motor common carriers and freight forwarders subject to the jurisdiction of the Commission under subchapters II and IV of chapter 105 of this title and for transportation of baggage and express by such motor common carriers of passengers. 'So in original. Probably should be "war". 'Section catchline amended by Pub. L. 96-448 without corresponding amendment of analysis. |