(A) to be used is that of (i) a farmer or a cooperative association or a federation of cooperative associations under section 10526(a)(4) or (5) of this title, or (ii) a motor private carrier and it is used regularly in the transportation of property referred to in section 10526(a)(6) of this title, or perishable products manufactured from perishable property referred to in that section; and

(B) is to be used by the carrier in a single movement or in one or more of a series of movements, loaded or empty, in the general direction of the general area where the motor vehicle is based; or

(2) the motor vehicle to be used has completed a movement exempt under section 10526(a)(6) of this title and is next to be used by that carrier in a loaded movement in any direction or in a movement referred to in clause (1)(B) of this subsection, or both. (Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1419; Pub. L. 96-258, § 1(10), June 3, 1980, 94 Stat. 426; Pub. L. 96-448, title II, § 222, Oct. 14, 1980, 94 Stat. 1929.)

HISTORICAL AND REVISION NOTES

Feb. 4, 1887, ch. 104, § 1(4) (1st sentence 14th-23d words); 24 Stat. 379; June 29, 1906, ch. 3591, 1, 34 Stat. 584; Feb. 28, 1920, ch. 91, 400, 41 Stat. 475; Aug. 9, 1935, ch. 498, 1, 49 Stat. 543; restated Sept. 18, 1940, ch. 722, § 2(c), 54 Stat. 900.

Feb. 4, 1887, ch. 104, 24 Stat. 379,216(a) (25th-44th words), (b) (16th-33d words); added Aug. 9, 1935, ch. 498, 1, 49 Stat. 558. Feb. 4, 1887, ch. 104, 24 Stat. 379, 305(a) (1st sentence

1st clause); added Sept. 18, 1940, ch. 722, § 201, 54 Stat. 934.

Feb. 4, 1887, ch. 104, 24 Stat. 379, 404(a) (1st clause); added May 16, 1942, ch. 318, 1, 56 Stat. 286. Feb. 4, 1887, ch. 104, 24 Stat. 379, § 204(a)(1) (related to service); added Aug. 9, 1935, ch. 498, § 1, 49 Stat. 546.

Feb. 4, 1887, ch. 104, 24 Stat. 379, 403(b); added May 16, 1942, ch. 318, § 1, 56 Stat. 285.

49:316(a) and (b) are omitted in view of chapter 105 of the revised title.

In subsection (b), the word “prescribe" is substituted for "establish" for consistency. The word "reasonable" is omitted as surplus. The words "of passengers" are inserted for clarity. The provisions related to regulation of common and contract carriers by motor vehicle and brokers are omitted as surplus in view of the jurisdiction of the Interstate Commerce Commission under subchapter II of chapter 105 and the licensing requirements of subchapter II of chapter 109 of the revised title.

In subsection (c), the words "may not" are substituted for "nothing in this chapter shall be construed to authorize" for clarity. The word "arrangement" is substituted for "lease, contract, or other arrangement" to eliminate redundancy. The words "referred to in" are substituted for "of a character embraced within" for clarity.

1980 ACT

This makes technical changes in section 11101(c)(1) to conform to the source provision.

AMENDMENTS

1980-Subsec. (a). Pub. L. 96-448 inserted provision that a rail carrier not be found to have violated this section because it fulfills its commitments under contracts approved under section 10713 of this title before responding to reasonable requests for service.

Subsec. (c)(1). Pub. L. 96-258, § 1(10)A)-(C), combined subpars. (A) and (B) into subpar. (A) by substituting ", or (ii) a motor private carrier and it" for "or a motor private carrier; (B)", by adding designation for cl. (i), and by deleting the designations for cls. (i) and (ii) in former subpar. (B), and redesignated subpar. (C) as (B).

Subsec. (c)(2). Pub. L. 96-258, § 1(10)(D), substituted "clause (1)(B)" for "clause (1)(C)".

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

Amendment 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 10341, 10713, 10922, 10925, 11107, 11126 of this title.

§ 11102. Classification of carriers

The Interstate Commerce Commission may classify and maintain requirements for groups of carriers included in the terms "motor common carrier", "water common carrier", "motor contract carrier", or "water contract carrier" and for brokers, when required because of the special nature of the transportation provided by them.

(Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1419.) HISTORICAL AND REVISION NOTES

11101(c)..... 49:304(f).

Subsection (a) restates and consolidates the source provisions for clarity. The words "or service" are retained as related to freight forwarders in view of subchapter IV of chapter 105 of the revised title. The words "thereto" and "therefor" are omitted as surplus. The words "interstate or foreign commerce" in

11-617 VOL. 18 0-84-62

49:904(c).

Feb. 4, 1887, ch. 104, 24 Stat. 379, § 204(b); added Aug. 9, 1935, ch. 498, § 1, 49 Stat. 546; Sept. 18, 1940, ch. 722, 20(b)(3), 54 Stat. 922. Feb. 4, 1887, ch. 104, 24 Stat. 379, 304(c); added Sept. 18, 1940, ch. 722, 201, 54 Stat. 934.

8 11103. Use of terminal facilities

(a) The Interstate Commerce Commission may require terminal facilities, including mainline tracks for a reasonable distance outside of a terminal, owned by a rail carrier providing transportation subject to the jurisdiction of the Commission under subchapter I of chapter 105 of this title, to be used by another rail carrier if the Commission finds that use to be practicable and in the public interest without substantially impairing the ability of the rail carrier owning the facilities or entitled to use the facilities to handle its own business. The carriers are responsible for establishing the conditions and compensation for use of the facilities. However, if the carriers cannot agree, the Commission may establish conditions and compensation for use of the facilities under the principle controlling compensation in condemnation proceedings. The compensation shall be paid or adequately secured before a carrier may begin to use the facilities of another carrier under this section.

(b) A rail carrier whose terminal facilities are required to be used by another carrier under this section is entitled to recover damages from the other carrier for injuries sustained as the result of compliance with the requirement or for compensation for the use, or both, as appropriate, in a civil action, if it is not satisfied with the conditions for use of the facilities or if the amount of the compensation is not paid promptly.

(c)(1) The Commission may require rail carriers to enter into reciprocal switching agreements, where it finds such agreements to be practicable and in the public interest, or where such agreements are necessary to provide competitive rail service. The carriers entering into such an agreement shall establish the conditions and compensation applicable to such agreement, but, if the carriers cannot agree upon such conditions and compensation within a reasonable period of time, the Commission may establish such conditions and compensation.

(2) The Commission may require reciprocal switching agreements entered into by rail carriers pursuant to this subsection to contain provisions for the protection of the interests of employees affected thereby.

(Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1419; Pub. L. 96-448, title II, § 223, Oct. 14, 1980, 94 Stat. 1929.)

In subsection (a), the words "may require" are substituted for "shall have power by order to require" to eliminate redundancy. The words "carriers are responsible for establishing" are substituted for "carriers af fected may agree" for clarity. The word "conditions" is substituted for "terms" for consistency. The word "establish" is substituted for "fix" for consistency. The words "just and reasonable" are omitted as surplus in view of the requirement that conditions be established as if in a condemnation proceeding. The word "duly" is omitted as surplus.

In subsection (b), the words "civil action" are substi tuted for "suit or action" to conform to title 28. The word "proper" is omitted as surplus. The words "as appropriate" are substituted for "as the case may be" for clarity.

AMENDMENTS

1980-Subsec. (c). Pub. L. 96-448 added subsec. (c).

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

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 10705, 10711, 11126 of this title.

§ 11104. Switch connections and tracks

(a) On application of the owner of a lateral branch line of railroad, or of a shipper tendering interstate traffic for transportation, a common carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I of chapter 105 of this title shall construct, maintain, and operate, on reasonable conditions, a switch connection to connect that branch line or pri vate side track with its railroad and shall furnish cars to move that traffic to the best of its ability without discrimination in favor of or against the shipper when the connection(1) is reasonably practicable; (2) can be made safely; and

(3) will furnish sufficient business to justify its construction and maintenance.

(b) If a common carrier fails to install and op erate a switch connection after application is made under subsection (a) of this section, the owner of the lateral branch line of railroad or the shipper may file a complaint with the Commission under section 11701 of this title. The Commission shall investigate the complaint and decide the safety, practicability, justification, and compensation to be paid for the connec tion. The Commission may direct the common carrier to comply with subsection (a) of this section only after a full hearing.

(Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1420.)

In subsection (a), the words "the owner of" are inserted for clarity and for consistency with 49:1(9) (last sentence). The words "a switch connection to connect" are substituted for "which may be constructed to connect" for clarity.

In subsection (b), the word "investigate" is substituted for "hear and investigate" to eliminate redundancy. The words "decide" and "full hearing" are inserted for clarity and as substitutes for the cross reference to 49:15. The last clause of 49:1(9) (last sentence) is omitted as unnecessary in view of section 10324 of the revised title.

The words "may . . . only when" are substituted for "It shall be unlawful for... unless and until" for clarity. The words "make or enter into" are omitted as unnecessary. The word "arrange" is substituted for "contract, agreement, or arrangement" to eliminate redundancy. The words "finds the arrangement" are substituted for "has been submitted to and approved by" in view of subchapter II of chapter 103 of the revised title. The words "subject to the jurisdiction" are substituted for "interstate or foreign commerce" as being more precise and in view of the codification of all jurisdictional provisions in chapter 105 of the revised title. The words "to be reasonable and in the public interest" are substituted for "as just, reasonable, and consistent with the public interest" for consistency. See the revision note to section 10101 of the revised title. The words "to continue after April 1, 1941," and the proviso following the 62d word of 49:1(14)(b) [(c)] are omitted as executed.

[49:1(14)(b) was redesignated 49:1(14)(c) by Pub. L. 95-607, title IV, § 402, Nov. 8, 1978, 92 Stat. 3067.]

In subsection (a), the word "may" is substituted for "is authorized" for clarity. The words "under such rules and regulations as it shall prescribe" are omitted as unnecessary in view of subchapter II of chapter 103 of the revised title. The word "suitable" is omitted as surplus.

In subsection (b), the word "use" is substituted for "substitute, transfer, or use" to eliminate redundancy. The words "is prohibited and shall be unlawful" are omitted as surplus. The next-to-last sentence is omitted as surplus in view of section 484 of title 31.

§ 11107. Leased motor vehicles

(a) Except as provided in section 11101(c) of this title, the Interstate Commerce Commission may require a motor carrier providing transportation subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title that uses motor vehicles not owned by it to transport property under an arrangement with another party to-

(1) make the arrangement in writing signed by the parties specifying its duration and the compensation to be paid by the motor carrier;

(2) carry a copy of the arrangement in each motor vehicle to which it applies during the period the arrangement is in effect;

(3) inspect the motor vehicles and obtain liability and cargo insurance on them; and

(4) have control of and be responsible for operating those motor vehicles in compliance with requirements prescribed by the Secretary of Transportation on safety of operations and equipment, and with other applicable law as if the motor vehicles were owned by the motor carrier.

(b) The Commission shall require, by regulation, that any arrangement, between a motor carrier of property providing transportation subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title

The section restates the source provisions for clarity and to reflect the transfer to the Secretary of Transportation of the Commission's functions related to safety of operations. The words "Except as provided in section 11101(c) of this title" are substituted for "Subject to the provisions of subsection (f) of this section" to cite the corresponding revised subsection. The word "regulations" is omitted as unnecessary in view of subchapter II of chapter 103 of the revised title. The word "arrangement" is substituted for "leases, contracts, or other arrangements" to eliminate redundancy.

AMENDMENTS

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

§ 11108. Water carriers subject to unreasonable discrimination in foreign transportation

(a) The Interstate Commerce Commission may relieve a water carrier providing transportation subject to the jurisdiction of the Commission under subchapter III of chapter 105 of this title, from the requirements of this subtitle when a rate, rule, or practice established by a person providing water transportation to or from a port in a foreign country in competition with that carrier unreasonably discriminates against that carrier. The Commission may relieve that carrier to the extent and for the period of time necessary to end or ease the discrimination if the relief is in the public interest and consistent with 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.

(Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1421.) HISTORICAL AND REVISION NOTES

"rule" is substituted for "regulation" for consistency when referring to a carrier. The words "water carrier" are substituted for "common carriers by water or contract carriers by water" in view of the definition of "water carrier" in section 10102 of the revised title. The words "unreasonably discriminates" are substituted for "cause undue disadvantage" for consistency. See the revision note to section 10101 of the revised title. The words "by reason of such competition" are omitted as unnecessary in view of the restatement. The words "in such manner as in its judgment" are omitted to eliminate redundancy. The words "end or ease" are substituted for "avoid" or "lessen" for clarity.

In subsection (b) the words "The Commission may begin a proceeding under this section on its own initiative or on application" are substituted for "upon application, or upon its own initiative without application" and "whenever it shall appear from complaint made to the Commission or otherwise" for clarity and consist. ency.

§ 11109. Loading and unloading motor vehicles

(a) Whenever a shipper or receiver of property requires that any person who owns or operates a motor vehicle transporting property in interstate commerce (whether or not such transportation is subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title) be assisted in the loading or unloading of such vehicle, the shipper or receiv er shall be responsible for providing such assistance or shall compensate the owner or operator for all costs associated with securing and compensating the person or persons providing such assistance.

(b) It shall be unlawful to coerce or attempt to coerce any person providing transportation of property by motor vehicle for compensation in interstate commerce (whether or not such transportation is subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title) to load or unload any part of such property onto or from such vehicle or to employ or pay one or more persons to load or unload any part of such property onto or from such vehicle, except that this subsection shall not be construed as making unlawful any activity which is not unlawful under the National Labor Relations Act or the Act of March 23, 1932 (47 Stat. 70; 29 U.S.C. 101 et seq.), commonly known as the Norris-LaGuardia Act. (Added Pub. L. 96-296, § 15(a)(1), July 1, 1980, 94 Stat. 808.)

REFERENCES IN TEXT

The National Labor Relations Act, referred to in subsec. (b), is act July 5, 1935, ch. 372, 49 Stat. 449, as amended, which is classified generally to subchapter II (§ 151 et seq.) of chapter 7 of Title 29, Labor. For complete classification of this Act to the Code, see sec tion 167 of Title 29 and Tables.

Act of March 23, 1932 (47 Stat. 70; 29 U.S.C. 101 et seq.), commonly known as the Norris-LaGuardia Act, referred to in subsec. (b), is act Mar. 23, 1932, ch. 90, 47 Stat. 70, as amended, which is classified generally to chapter 6 (§ 101 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 101 of Title 29 and Tables.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 11702, 11902a of this title.

§ 11110. Household goods carrier operations

(a)(1) The regulations and paperwork required of motor common carriers providing transportation of household goods subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title shall be minimized to the maximum extent feasible consistent with the protection of individual shippers.

(2) The Interstate Commerce Commission may issue regulations, including regulations protecting individual shippers, in order to carry out this subtitle with respect to the transportation of household goods by motor common carrier.

(3) Regulations of the Commission protecting individual shippers shall include, where appropriate, reasonable performance standards for the transportation of household goods subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title. In establishing performance standards under this paragraph, the Commission shall take into account at least the following:

(A) the level of performance that can be achieved by a well-managed motor common carrier transporting household goods;

(B) the degree of harm to individual shippers which could result from a violation of the regulation;

(C) the need to set the level of performance at a level sufficient to deter abuses which result in harm to consumers and violations of regulations;

(D) service requirements of the carriers; (E) the cost of compliance in relation to the consumer benefits to be achieved from such compliance; and

(F) the need to set the level of performance at a level designed to encourage carriers to offer service responsive to shipper needs.

(4) Nothing in this section shall be construed to limit the Commission's authority to require reports from motor common carriers providing transportation of household goods or to require such carriers to provide specified information to consumers concerning their past perform

ance.

(b)(1) Every motor common carrier providing transportation of household goods subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title may, upon request of a prospective shipper, provide the shipper with an estimate of charges for transportation of household goods and for the proposed services. The Commission shall not prescribe specific formulas, forms, methods, or techniques for providing a prospective shipper with such an estimate. The Commission shall not prohibit any such carrier from charging a prospective shipper for providing a written, binding estimate for the transportation and proposed services, nor shall the Commission require the final charges to a shipper to be based on an estimate.

(2) Any charge for an estimate of charges provided by a motor common carrier to a shipper

for transportation of household goods subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title shall be subject to the antitrust laws, as defined in the first section of the Clayton Act (15 U.S.C. 12).

(c) The Commission shall issue regulations that provide motor carriers providing transportation of household goods subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title with the maximum possible flexibility in weighing shipments, consistent with assurance to the shipper of accurate weighing practices. The Commission shall not prohibit such carriers from backweighing shipments or from basing their charges on the reweigh weights if the shipper observes both the tare and gross weighings (or, prior to such weighings, waives in writing the opportunity to observe such weighings) and such weighings are performed on the same scale.

(Added Pub. L. 96-454, § 6(a)(1), Oct. 15, 1980, 94 Stat. 2015.)

"(1) Not later than sixty days after the date of enactment of this Act [Oct. 15, 1980), the Interstate Commerce Commission shall institute a rulemaking proceeding in which it shall review and revise all of its operational regulations pertaining to transportation of household goods to carry out the purposes of section 11110(a) of title 49, United States Code.

"(2) The Interstate Commerce Commission shall conclude the rulemaking proceeding required by this subsection within two hundred and seventy days after the date of enactment of this Act (Oct. 15, 1980].

"(3) To the maximum extent feasible, the provisions of this section, including the amendments made by this section [enacting this section], shall apply to rules and regulations pertaining to transportation of household goods for the United States Government issued by departments, agencies, and instrumentalities of the United States (other than the Interstate Commerce Commission), including rules and regulations established for the distribution of such traffic, to the same extent as such provisions apply to rules and regulations issued by the Interstate Commerce Commission."

§ 11111. Use of citizen band radios on buses

(a)(1) A motor carrier of passengers providing transportation subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title shall allow the operator of any motor vehicle providing such transportation to temporarily install and operate a citizen band radio in such vehicle if the Secretary of Transportation issues a rule or regulation which recommends that operators of such vehicles be allowed to temporarily install and operate such radios in such vehicles.

(2) Citizen band radios installed and operated in motor vehicles providing transportation of passengers subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title shall be installed and operated in accordance with the guidelines established by the Secretary of Transportation under section