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Code · STATUTES-AT-LARGE · Vol. 49 STAT. · Public Law 256

Public Law 256.

15,541 words·~71 min read·/statutes-at-large/vol-49/public-law-256·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(/us/pl/74/255).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That the InterstateInterstate Commerce Act, amendment.Vol. 24, p. 379; [U. S. C., p. 2211](/us/usc/2211). Commerce Act, as amended, herein referred to as “Part I”, is hereby amended by inserting at the beginning thereof the caption “part I,” and by substituting for the words “this Act”, wherever they occur, the words “this part”, but such part I may continue to be cited as the “Interstate Commerce Act”, and said Interstate Commerce Act is hereby further amended by adding the following part II:
" “Part IIPart II “short title “Sec. 201. This part may be cited as the ‘Motor Carrier Act,Motor Carrier Act, 1935. 1935’. “declaration of policy and delegation of jurisdiction “Sec. 202.
(a)It is hereby declared to be the policy of CongressDeclaration of policy. to regulate transportation by motor carriers in such manner as to recognize and preserve the inherent advantages of, and foster sound economic conditions in, such transportation and among such carriers in the public interest; promote adequate, economical, and efficient service by motor carriers, and reasonable charges therefor, without unjust discriminations, undue preferences or advantages, and unfair or destructive competitive practices; improve the relations between, and coordinate transportation by and regulation of, motor carriers and other carriers; develop and preserve a highway transportation system properly adapted to the needs of the commerce of the United States and of the national defense; and cooperate with the several States and the duly authorized officials thereof and with any organization of motor carriers in the administration and enforcement of this part. “(b) The provisions of this part apply to the transportation ofJurisdiction in Interstate Commerce Commission. passengers or property by motor carriers engaged in interstate or foreign commerce and to the procurement of and the provision of facilities for such transportation, and the regulation of such transportation, and of the procurement thereof, and the provision of facilities therefor, is hereby vested in the Interstate Commerce Commission. “(c) Nothing in this part shall be construed to affect the powersPowers of States. of taxation of the several States or to authorize a motor carrier to do an intrastate business on the highways of any State, or to interfere with the exclusive exercise by each State of the power of regulation of intrastate commerce by motor carriers on the highways thereof. 544 “definitionsDefinitions “Sec. 203.
(a)As used in this part— “(1) “Person.” The term ‘person’ means any individual, firm, copartnership, corporation, company, association, or joint-stock association; and includes any trustee, receiver, assignee, or personal representative thereof. “(2) “Board”; “State board.” The term ‘board’ or ‘State board’ means the commission, board, or official (by whatever name designated in the laws of a State) which, under the laws of any State in which any part of the service in interstate or foreign commerce regulated by this part is performed, has or may hereafter have jurisdiction to grant or approve certificates of public convenience and necessity or permits to motor carriers, or otherwise to regulate the business of transportation by motor vehicles, in intrastate commerce over the highways of such State. “(3) “Commission.” The term ‘Commission’ means the Interstate Commerce Commission. “(4) “Joint board.” The term ‘joint board’ means any special board constituted as provided in section 205 of this part. “(5) “Certificate.” The term ‘certificate’ means a certificate of public convenience and necessity issued under this part to common carriers by motor vehicle. “(6) “Permit.” The term ‘permit’ means a permit issued under this part to contract carriers by motor vehicle. “(7) “License.” The term ‘license’ means a license issued under this part to a broker. “(8) “State.” The term ‘State’ means any of the several States and the District of Columbia. “(9) “Express company.” The term ‘express company’ means any common carrier by express subject to the provisions of part I. “(10) “Interstate commerce.” The term ‘interstate commerce’ means commerce between any place in a State and any place in another State or between places in the same State through another State, whether such commerce moves wholly by motor vehicle or partly by motor vehicle and partly by rail, express, or water. “(11) “Foreign commerce.” The term ‘foreign commerce’ means commerce between any place in the United States and any place in a foreign country, or between places in the United States through any foreign country, whether such commerce moves wholly by motor vehicle or partly by motor vehicle and partly by rail, express, or water. “(12) “Highway.” The term ‘highway’ means the roads, highways, streets, and ways in any State. “(13) “Motor vehicle.” The term ‘motor vehicle’ means any vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power and used upon the highways in the transportation of passengers or property, but does not include any vehicle, locomotive, or car operated exclusively on a rail or rails. “(14) “Common carrier by motor vehicle.” The term ‘common carrier by motor vehicle’ means any person who or which undertakes, whether directly or by a lease or any other arrangement, to transport passengers or property, or any class or classes of property, for the general public in interstate or foreign commerce by motor vehicle for compensation, whether over regular or irregular routes, including such motor vehicle operations of carriers by rail or water, and of express or forwarding companies, except to the extent that these operations are subject to the provisions of part I. “(15) “Contract carrier by motor vehicle.” The term ‘contract carrier by motor vehicle’ means any person, not included under paragraph
(14)of this section, who or which, under special and individual contracts or agreements, and 545whether directly or by a lease or any other arrangement, transports passengers or property in interstate or foreign commerce by motor vehicle for compensation. “(16) The term ‘motor carrier’ includes both a common carrier“Motor carrier.” by motor vehicle and a contract carrier by motor vehicle. “(17) The term ‘private carrier of property by motor vehicle’“Private carrier by motor vehicle.” means any person not included in the terms ‘common carrier by motor vehicle’ or ‘contract carrier by motor vehicle’, who or which transports in interstate or foreign commerce by motor vehicle property of which such person is the owner, lessee, or bailee, when such transportation is for the purpose of sale, lease, rent, or bailment, or in furtherance of any commercial enterprise. “(18) The term ‘broker’ means any person not included in the“Broker.” term ‘motor carrier’ and not a bona fide employee or agent of any such carrier, who or which, as principal or agent, sells or offers for sale any transportation subject to this part, or negotiates for, or holds himself or itself out by solicitation, advertisement, or otherwise as one who sells, provides, furnishes, contracts, or arranges for such transportation. “(19) The ‘services’ and ‘transportation’ to which this part“Services transportation.” applies include all vehicles operated by, for, or in the interest of any motor carrier irrespective of ownership or of contract, express or implied, together with all facilities and property operated or controlled by any such carrier or carriers and used in the transportation of passengers or property in interstate or foreign commerce or in the performance of any service in connection therewith. “(20) The term ‘interstate operation’ means any operation in“Interstate operation.” interstate commerce. “(21) The term ‘foreign operation’ means any operation in“Foreign operation.” foreign commerce. “(b) Nothing in this part, except the provisions of section 204Services excluded from provisions of Act. relative to qualifications and maximum hours of service of employees and safety of operation or standards of equipment shall be construed to include
(1)motor vehicles employed solely in transportingSchool busses. school children and teachers to or from school; or
(2)taxicabs, orTaxicabs. other motor vehicles performing a bona fide taxicab service, having a capacity of not more than six passengers and not operated on a regular route or between fixed termini; or
(3)motor vehicles ownedHotel busses. or operated by or on behalf of hotels and used exclusively for the transportation of hotel patrons between hotels and local railroad or other common carrier stations; or
(4)motor vehicles operated, underBusses in national parks, etc. authorization, regulation, and control of the Secretary of the Interior, principally for the purpose of transporting persons in and about the national parks and national monuments; or
(4a)motor vehiclesFarm trucks. controlled and operated by any farmer, and used in the transportation of his agricultural commodities and products thereof, or in the transportation of supplies to his farm; or
(4b)motor vehicles controlled and operated by a cooperative association as defined in the Agricultural Marketing Act, approved June 15, 1929, as amended; or
(5)trolley busses operated by electric power derived from a fixedTrolley busses. overhead wire, furnishing local passenger transportation similar to street-railway service; or
(6)motor vehicles used exclusively inBusses used for conveying livestock, etc. carrying livestock, fish (including shell fish), or agricultural commodities (not including manufactured products thereof); or (7)Distributing newspapers. motor vehicles used exclusively in the distribution of newspapers; nor, unless and to the extent that the Commission shall from time to time find that such application is necessary to carry out the policy of Congress enunciated in section 202, shall the provisions of this part, except the provisions of section 204 relative to qualifications 546and maximum hours of service of employees and safety of Transporting persons between contiguous municipalities.operation or standards of equipment apply to:
(8)The transportation of passengers or property in interstate or foreign commerce wholly within a municipality or between contiguous municipalities or within a zone adjacent to and commercially a part of any such municipality Exception.or municipalities, except when such transportation is under a common control, management, or arrangement for a continuous carriage or shipment to or from a point without such municipality, municipalities, or zone, and provided that the motor carrier engaged in such transportation of passengers over regular or irregular route or routes in interstate commerce is also lawfully engaged in the intrastate transportation of passengers over the entire length of such interstate route or routes in accordance with the laws of each State having jurisdiction; or
(9)the casual, occasional, or reciprocal Casual transportation for compensation.transportation of passengers or property in interstate or foreign commerce for compensation by any person not engaged in transportation by motor vehicle as a regular occupation or business. “general duties and powers of the commissionCommission; duties and powers. “Sec. 204
(a)It shall be the duty of the Commission— “(1) Regulation of common carriers; establishment of requirements. To regulate common carriers by motor vehicle as provided in this part, and to that end the Commission may establish reasonable requirements with respect to continuous and adequate service, transportation of baggage and express, uniform systems of accounts, records, and reports, preservation of records, qualifications and maximum hours of service of employees, and safety of operation and equipment. “(2) Regulation of contract carriers; requirements. To regulate contract carriers by motor vehicle as provided in this part, and to that end the Commission may establish reasonable requirements with respect to uniform systems of accounts, records, and reports, preservation of records, qualifications and maximum hours of service of employees, and safety of operation and equipment. “(3) Establishment of requirements for private carriers. “Motor carrier”, construed. To establish for private carriers of property by motor vehicle, if need therefor is found, reasonable requirements to promote safety of operation, and to that end prescribe qualifications and maximum hours of service of employees, and standards of equipment. In the event such requirements are established, the term ‘motor carrier’ shall be construed to include private carriers of property by motor vehicle in the administration of sections 204
(d)and (e); 205; 220; 221; 222 (a), (b), (d), (f), and (g); and 224. “(4) Regulation of brokers; requirements. To regulate brokers as provided in this part, and to that end the Commission may establish reasonable requirements with respect to licensing, financial responsibility, accounts, records, reports, operations, and practices of any such person or persons. “(5) Federal research agencies; assistance to Commission. For the purpose of carrying out the provisions pertaining to safety, the Commission may avail itself of the assistance of any of the several research agencies of the Federal Government having special knowledge of any such matter, to conduct such scientific and technical researches, investigations, and tests as may be necessary to promote the safety of operation and equipment of motor vehicles as Transfer of funds.provided in this part; the Commission may transfer to such agency or agencies such funds as may be necessary and available to make this provision effective. “(6) Enforcement provision; Commission orders, rules and regulations. To administer, execute, and enforce all other provisions of this part, to make all necessary orders in connection therewith, and to prescribe rules, regulations, and procedure for such administration; and 547 “(7) To inquire into the organization of motor carriers and brokersOrganisation of motor camera and brokers; investigation of. and into the management of their business, to keep itself informed as to the manner and method in which the same is conducted, and to transmit to Congress, from time to time, such recommendations as to additional legislation relating to such carriers or brokers as the Commission may deem necessary. “(b) The provisions of any code of fair competition for anyInvalidity of inconsistent provisions. industry embracing motor carriers or for any subdivision thereof approved pursuant to the National Industrial Recovery Act or any present or future Act amendatory thereof, or supplementary thereto, or in substitution therefor, which is in conflict or inconsistent with any action under the provisions of this part, shall have no force or effect after this section becomes effective. “(c) The Commission may from time to time establish such justClassifications to be established; brokers and carriers. and reasonable classifications of brokers or of groups of carriers included in the term ‘common carrier by motor vehicle’, or ‘contract carrier by motor vehicle’, as the special nature of the services performed by such carriers or brokers shall require; and such justRules, regulations, and requirements. and reasonable rules, regulations, and requirements, consistent with the provisions of this part, to be observed by the carriers or brokers so classified or grouped, as the Commission deems necessary or desirable in the public interest. “(d) Upon complaint in writing to the Commission by any person,Complaints; investigations. State board, organization, or body politic, or upon its own initiative without complaint, the Commission may investigate whether any motor carrier or broker has failed to comply with any provision of this part, or with any requirement established pursuant thereto. If the Commission, after notice and hearing, finds upon any suchOrder of Commission after notice and hearing. investigation that the motor carrier or broker has failed to comply with any such provision or requirement, the Commission shall issue an appropriate order to compel the carrier or broker to comply therewith. Whenever the Commission is of opinion thatDismissals. any complaint does not state reasonable grounds for investigation and action on its part, it may dismiss such complaint. “(e) After a decision, order, or requirement has been made byApplication for reconsideration or rehearing. the Commission in any proceeding under this part, any party thereto may make application to the Commission for reconsideration or rehearing of the same, or of any matter determined therein, and it shall be lawful for the Commission in its discretion to grant such reconsideration or a rehearing if sufficient reason therefor be made to appear. Applications for reconsideration or rehearingRules to govern. shall be governed by such general rules as the Commission may prescribe. No such application shall excuse any motor carrier orNot to act as stay of order. broker from complying with or obeying any decision, order, or requirement of the Commission, or operate in any manner to stay or postpone the enforcement thereof, without the special order of the Commission. If, after such reconsideration or rehearing, itReversal or modification of original order. shall appear that the original decision, order, or requirement is in any respect unjust or unwarranted, the Commission may reverse, change, or modify the same accordingly. Any decision, order, or requirement made after such reconsideration or rehearing shall be subject to the same provisions as an original decision, order, or requirement. “(f) The provisions of sections 14 and 16
(13)of part I, relatingVol. 24, p. 384; [U. S. C., pp. 2223, 2226](/us/usc/2223/2226). to reports, decisions, schedules, contracts, and other public records, shall apply in the administration of this part. 548 Administration.“administration “Sec. 205. Hearings; reference to Commission member or examiner.
(a)Excepting a matter which is referred to a joint board as hereinafter provided, any matter arising in the administration of this part requiring a hearing shall be heard and decided by the Commission, or shall, by order of the Commission, be referred to a member or examiner of the Commission for hearing and the Jurisdiction of member, etc.recommendation of an appropriate order thereon. With respect to such matter the member or examiner shall have all the rights, duties, power's, and jurisdiction conferred by this part upon the Commission, except that the order recommended by such member or examiner shall be subject to the following provisions of this Order of; requirements.paragraph. Any order recommended by the member or examiner with respect to such matter shall be in writing and be accompanied by the reasons therefor, and shall be filed with the Commission. Copies; service of.Copies of such recommended order shall be served upon the persons *Post*, p. 550.specified in paragraph (f), who may file exceptions thereto, but Objections; time for filing.if no exceptions are filed within 20 days after service upon such persons, or within such further period as the Commission may authorize, such recommended order shall become the order of the Commission and become effective, unless within such period the Consideration of.order is stayed or postponed by the Commission. Where exceptions are filed as herein provided it shall be the duty of the Commission to consider the same and, if sufficient reason appears therefor, the Commission shall grant such review or make such orders or hold or authorize such further hearings or proceedings in the premises as may be necessary or proper to carry out the purposes of this part, or the Commission may, on its own motion, review any such matter and take action thereon as if exceptions thereto hail been Final decision.filed. The Commission, after review upon the same record or as supplemented by a further hearing, shall decide the matter and make appropriate order thereon. “(b) Joint boards. The Commission shall, when operations of motor carriers or brokers conducted or proposed to Proceedings referred to.be conducted involve not more than three States, and the Commission may, in its discretion, when operations of motor carriers or brokers conducted or proposed to be conducted involve more than three States, refer to a joint board for appropriate proceedings thereon, any of the following matters arising in the administration of this part with respect to such operations: Applications for certificates, permits, or licenses; the suspension, change, or revocation of such certificates, permits, or licenses; applications for the approval and authorization of consolidations, mergers, and acquisitions of control or operating contracts; complaints as to violations by motor carriers or brokers of the requirements established under section 204 (a); and complaints *Provisos*. Determination when reference prevented.as to rates, fares, and charges of motor carriers or the practices of brokers: *Provided, however*, That if the Commission is prevented by legal proceedings from referring a matter to a joint board, it may determine such matter as provided in paragraph
(a)of this Investigations and suspension proceedings.section. The Commission, in its discretion, may also refer to a joint board any investigation and suspension proceeding or other matter not specifically mentioned above which may arise under this Joint board; composition of.part. The joint board to which any such matter is referred shall be composed solely of one member from each State within which the motor-carrier or brokerage operations involved in such matter Designation of examiners to assist.are or are proposed to be conducted: *Provided*, That the Commission may designate an examiner or examiners to advise with and assist the joint board under such rules and regulations as it Jurisdiction of.may prescribe. In acting upon matters so referred joint boards shall be vested with the same rights, duties, powers, and jurisdic-549tion as are hereinbefore vested in members or examiners of the Commission while acting under its orders in the administration of this part. Orders recommended by joint boards shall be filed withOrders of; filing; effectiveness. the Commission, and shall become order’s of the Commission and become effective in the same manner, and shall be subject to the same procedure, as provided in the case of orders recommended by members or examiners under this section. “(c) Whenever there arises in the administration of this partCreation of. any matter that the Commission is required to refer to a joint board, or that the Commission determines, in its discretion, to refer' to a joint board, the Commission shall, if no joint board eligible to consider said matter is in existence, create a joint board to consider the matter when referred, and to recommend appropriate order thereon. The Commission shall prescribe rules governing meetingsRules governing meetings and procedure. and procedure of joint boards and may, in the event of legal proceedings preventing reference to a joint board, determine the matter as provided in paragraph
(a)of this section. Except as hereinafterQualifications of. provided, a joint board shall consist of a member from each State in which the motor carrier or brokerage operations involved are or are proposed to be conducted. The member from any such StateNomination of members of. shall be nominated by the board of such State from its own membership or otherwise; or if there is no board in such State or if the board of such State fails to make a nomination when requested by the Commission, then the Governor of such State may nominateAppointment of nominee. such member. The Commission is authorized to appoint as a member upon the joint board any such nominee approved by it. If bothWhen no nomination made. the Board and the Governor of any State shall fail to nominate a joint board member when requested, then the joint board shall be constituted without a member from such State, if members for two or more States shall have been nominated and approved by the Commission. All decisions and recommendations by joint boardsDecisions and recommendations; majority vote. shall be by majority vote. If the board of each State from which a member of a joint board is entitled to be appointed shall waive action on any matter referred to such joint board, or if any joint board fails or refuses to act, or is unable to agree upon any matter submitted to it within forty-five days after the matter is referred to it or such other period as the Commission may authorize, or if a member shall not be nominated for more than one State (except only when the operations proposed shall be into or through territory foreign to the United States), then such matter shall be decided as in the case of any matter not required to be referred to a joint board. When any proceeding required to be referred to a joint board shallWhen proceeding involves motor carrier operating through foreign territory. involve operations, of a motor carrier conducted or proposed to be conducted into or through territory foreign to the United States, if a single State shall be involved, or if only one State shall make nomination of a joint board member through its Governor or State board, then the Commission, in such case, may receive from that State the nomination of not more than three members and may appoint such nominees to constitute the joint board. Members ofAllowances to members. joint boards when administering the provisions of this part shall receive such allowances for travel and subsistence expenses as the Commission shall provide. A joint board shall continue in existenceJoint boards; duration. for the consideration of matters referred to it by the Commission until such time as its existence may be terminated by the Commission. A substitution of membership upon a joint board from anySubstitution of membership. State may be made at any time by nomination and appointment in the same manner as an original nomination and appointment. “(d) Where practicable and as the Commission may by rule orHearings; place of holding. order direct, hearings by any member, examiner, or joint board upon any matter referred to him or to such board shall be held at such places within the United States as are convenient to the parties. 550 “(e) Powers of Joint boards. So far as may be necessary for the purposes of this part, the Commission and the members and examiners thereof and joint boards shall have the same power to administer oaths, and require by subpena the attendance and testimony of witnesses and the production of books, papers, tariffs, contracts, agreements, and documents, and to take testimony by deposition, relating to any matter under investigation, as the Commission has in a matter arising under part I; and any person subpenaed or testifying in connection with any matter under investigation under this part shall have the same rights, privileges, and immunities and be subject to the same duties, liabilities, and penalties as though such matter arose under part I, unless otherwise provided in this part. “(f) Notice in connection with proceedings. In accordance with rules prescribed by the Commission, reasonable notice shall be afforded, in connection with any proceeding under this part, to interested parties and to the board of any State, or to the governor if there be no board, in which the motor-carrier operations involved in the proceeding are or are proposed to be conducted, and opportunity for hearing and for intervention in connection with any such proceeding shall be afforded to all interested parties. “(g) Cooperation with State authorities. The Commission is authorized to confer with or to hold joint hearings with any authorities of any State in connection with any matter arising in any proceedings under this part. The Commission is also authorized to avail itself of the cooperation, services, records, and facilities of such State authorities as fully as may be practicable, in the enforcement or administration of any provision Space for use of national organization of State commissions.of this part. From any space in the Interstate Commerce Commission Building not required by the Commission, the Government authority controlling the allocation of space in public buildings shall assign for the use of the national organization of the State commissions and of their representatives suitable office space and Availability.facilities which shall be at all times available for the use of joint boards created under this part and for members and representatives of such boards cooperating with the Commission or with any other Federal commission or department under this or any other Act; and if there be no such suitable space in the Interstate Commerce Commission Building, the same shall be assigned in some other building in convenient proximity thereto. “(h) Appeals. Any final order made under this part shall be subject to the same right of relief in court by any party in interest as is now provided in respect to orders of the Commission made under part I: *Proviso*.Negative order based on supposed lack of power of Commission.*Provided,* That, where the Commission, in respect of any matter arising under this part, shall have issued a negative order solely because of a supposed lack of power, any such party in interest may file a bill of complaint with the appropriate District Court of the Vol. 38, p. 212.United States, convened under the Urgent Deficiency Appropriations Act, October 22, 1913, and such court, if it determines that the Commission has such power, may enforce by writ of mandatory injunction the Commission’s taking of jurisdiction. “(i) Vol. 24, p. 285; [U. S. C., p. 2227](/us/usc/2227). All the provisions of section 17 of part I shall apply to all proceedings under this part. “(j) No member or examiner of the Commission or member of a joint board shall hold any official relation to, or own any securities of, or be in any manner pecuniarily interested in, any motor carrier or in any carrier by railroad, water, or other form of transportation. “(k) Experts, examiners, etc.; employment and compensation. The Commission is authorized to employ, and to fix the compensation of, such experts, assistants, special agents, examiners, attorneys, and other employees as in its judgment may be necessary or advisable for the convenience of the public and for the effective administration of this part. 551 “application for certificate of public convenience and necessityApplication for certificate of public convenience and necessity.Necessity of certificate. “Sec. 206.
(a)No common carrier by motor vehicle subject to the provisions of this part shall engage in any interstate or foreign operation on any public highway, or within any reservation under the exclusive jurisdiction of the United States, unless there is in force with respect to such carrier a certificate of public convenience and necessity issued by the Commission authorizing such operations: *Provided, however*, That, subject to section 210, if any such carrier or*Proviso*.When proof of public convenience and necessity waived. predecessor in interest was in bona fide operation as a common carrier by motor vehicle on June 1, 1935, over the route or routes or within the territory for which application is made and has so operated since that time, or if engaged in furnishing seasonal service only, was in bona fide operation on June 1, 1935, during the season ordinarily covered by its operation, except in either instance as to interruptions of service over which the applicant or its predecessor in interest had no control, the Commission shall issue such certificate without requiring further proof that public convenience and necessity will be served by such operation, and without, further proceedings, if application for such certificate is made to the Commission as providedTime for making application. in paragraph
(b)of this section and within one hundred and twenty days after this section shall take effect, and if such carrier was registered on June 1, 1935, under any code of fair competitionRegistration under code of fair competition; effect. requiring registration, the fact of registration shall be evidence of bona fide operation to be considered in connection with the issuance of such certificate. Otherwise the application for such certificateDetermination when proof not waived. shall be decided in accordance with the procedure provided for in section 207
(a)of this part and such certificate shall be issued or denied accordingly. Pending the determination of any such applicationContinuation of operation provided. the continuance of such operation shall be lawful: *And provided further*, That this paragraph shall not be so construed as toIntrastate operation. require any such carrier lawfully engaged in operation solely within any State to obtain from the Commission a certificate authorizing the transportation by such carrier of passengers or property in interstate or foreign commerce between places within such State if there be a board in such State having authority to grant or approve such certificates and if such carrier has obtained such certificate from such board. Such transportation shall, however, be otherwise subject to the jurisdiction of the Commission under this part. “(b) Application for certificates shall be made in writing to theForm of application. Commission, be verified under oath, and shall be in such form and contain such information and be accompanied by proof of service upon such interested parties as the Commission shall, by regulation, require. Any person, not included within the provisions of paragraph (a)Operation during consideration of application. of this section, who or which is engaged in transportation in interstate or foreign commerce as a common carrier by motor vehicle when this section takes effect may continue such operation for a period of one hundred and twenty days thereafter without a certificate and, if application for such certificate is made to the Commission within such period, the carrier may, under such regulations as the Commission shall prescribe, continue such operation until otherwise ordered by the Commission. “issuance of certificateIssuance of certificate. “Sec. 207.
(a)Subject to section 210, a certificate shall be issuedRequirements.*Post*, p. 554. to any qualified applicant therefor, authorizing the whole or any part of the operations covered by the application, if it is found that the applicant is fit, willing, and able properly to perform the service proposed and to conform to the provisions of this part and the 552requirements, rules, and regulations of the Commission thereunder, and that the proposed service, to the extent to be authorized by the certificate, is or will be required by the present or future public convenience and necessity; otherwise such application shall be denied: *Proviso*.Restriction. *Provided, however*, That no such certificate shall be issued to any common carrier of passengers by motor vehicle for operations over other than a regular route or routes, and between fixed termini, except as such carriers may be authorized to engage in special or charter operations. “(b) No certificate issued under this part shall confer any proprietary or property rights in the use of the public highways. Terms and conditions of certificate.“terms and conditions of certificate “Sec. 208. Terms to be specified.
(a)Any certificate issued under section 206 or 207 shall specify the service to be rendered and the routes over which, the fixed termini, if any, between which, and the intermediate and off-route points, if any, at which, and in case of operations not over specified routes or between fixed termini, the territory within which, Conditions and limitations to be attached.the motor carrier is authorized to operate; and there shall, at the time of issuance and from time to time thereafter, be attached to the exercise of the privileges granted by the certificate such reasonable terms, conditions, and limitations as the public convenience and necessity may from time to time require, including terms, conditions, and limitations as to the extension of the route or routes of the carrier, and such terms and conditions as are necessary to carry out, with respect to the operations of the carrier, the *Ante*, p. 546.requirements established by the Commission under section 204
(1)*Proviso*.Right to improve equipment, etc.and (6): *Provided, however*, That no terms, conditions, or limitations shall restrict the right of the carrier to add to his or its equipment and facilities over the routes, between the termini, or within the territory specified in the certificate, as the development of the business and the demands of the public shall require. “(b) Deviation from regular route. A common carrier by motor vehicle operating under any such certificate may occasionally deviate from the route over which, and/or the fixed termini between which, it is authorized to operate under the certificate, under such general or special rules and regulations as the Commission may prescribe. “(c) Transportation of chartered parties. Any common carrier by motor vehicle transporting passengers under a certificate issued under this part may transport in interstate or foreign commerce to any place special or chartered parties under such rules and regulations as the Commission shall have prescribed. “(d) Of mail, baggage, etc. A certificate for the transportation of passengers may include authority to transport in the same vehicle with the passengers, newspapers, baggage of passengers, express, or mail, or to transport baggage of passengers in a separate vehicle. Permits for contract carriers by motor vehicle.Necessity of.“permits for contract carriers by motor vehicle “Sec. 209.
(a)No person shall engage in the business of a contract carrier by motor vehicle in interstate or foreign commerce on any public highway or within any reservation under the exclusive jurisdiction of the United States unless there is in force with respect to such carrier a permit issued by the Commission, authorizing such *Proviso*.When may be Issued without further proceedings.person to engage in such business: *Provided*, That, subject to section 210, if any such carrier or a predecessor in interest was in bona fide operation as a contract carrier by motor vehicle on July 1, 1935, over the route or routes or within the territory for which application 553is made and has so operated since that time, or, if engaged in furnishing seasonal service, only, was in bona fide operation on July 1, 1935, during the season ordinarily covered by its operations, except in either instance as to interruptions of service over which the applicant or its predecessor in interest had no control, the Commission shall issue such permit, without further proceedings, if applicationTime for making application. for such permit is made to the Commission as provided in paragraph
(b)of this section and within one hundred and twenty days after this section shall take effect and if such carrier was registered onRegistration under code of fair competition; effect. July 1, 1935, under any code of fair competition requiring registration, the fact of registration shall be evidence of bona fide operation to be considered in connection with the issuance of such permit.Issue of permits, generally. Otherwise the application for such permit shall be decided in accordance with the procedure provided for in paragraph
(b)of this section and such permit shall be issued or denied accordingly. PendingContinuation of operation pending determination. determination of any such application the continuance of such operation shall be lawful. Any person, not included within theOperation without permit. foregoing provisions of this paragraph, who or which is engaged in transportation as a contract carrier by motor vehicle when this section takes effect, may continue such operation for a period of one hundred and twenty days thereafter without a permit and, if application for such permit is made within such period, the carrierCommission regulations. may, under such regulations as the Commission shall prescribe, continue such operation until otherwise ordered by the Commission: *Provided further*, That nothing in this part shall be construed to*Proviso.*Operation within national parks and monuments. repeal, amend, or otherwise modify any Act or Acts relating to national parks and national monuments under the administrative jurisdiction of the Secretary of the Interior, or to withdraw such authority or control as may by law be held by the Secretary of the Interior with respect to the admission and operation of motor vehicles in any national park or national monument of the United States. “(b) Applications for such permits shall be made to the CommissionPermits; application for; form; contents. in writing, be verified under oath, and shall be in such form and contain such information and be accompanied by proof of service upon such interested parties as the Commission may, by regulations, require. Subject to section 210, a permit shall be issued to any qualifiedIssue of; requirements. applicant therefor authorizing in whole or in part the operations covered by the application, if it appears from the applications or from any hearing held thereon, that the applicant is fit, willing, and able properly to perform the service of a contract carrier by motor vehicle, and to conform to the provisions of this part and the lawful requirements, rules, and regulations of the Commission thereunder, and that the proposed operation, to the extent authorized by the permit, will be consistent with the public interest and the policy declared in section 202
(a)of this part; otherwise such application*Ante*, p. 543. shall be denied. The Commission shall specify in the permit theBusiness of contract carrier to be specified in. business of the contract carrier covered thereby and the scope thereof and shall attach to it, at the time of issuance, and from time to timeTerms, conditions, and limitations to be attached. thereafter, such reasonable terms, conditions, and limitations consistent with the character of the holder as a contract carrier as are necessary to carry out, with respect to the operations of such carrier, the requirements established by the Commission under section 204*Ante*, p. 546.
(2)and (6): *Provided, however*, That no terms, conditions, or*Proviso.*Rights of carrier not restricted. limitations shall restrict the right of the carrier to substitute or add contracts within the scope of the permit, or to add to his or its equipment and facilities, within the scope of the permit, as the development of the business and the demands of the public may require. 554 Dual operation.“dual operation “Sec. 210. Simultaneous holding of certificate anti permit. No person, after January 1, 1936, shall at the same time hold under this part a certificate as a common carrier and a permit as a contract carrier authorizing operation for the transportation of property by motor vehicle over the same route or within the same territory, unless for good cause shown the Commission shall find that such certificate and permit may be held consistently with the public interest and with the policy declared in section 202
(a)of this part. Brokerage licenses.“brokerage licenses “Sec. 211. Conduct of business without, prohibited.
(a)No person shall for compensation sell or offer for sale transportation subject to this part or shall make any contract, agreement, or arrangement to provide, procure, furnish, or arrange for such transportation or shall hold himself or itself out by advertisement, solicitation, or otherwise as one who sells, provides, procures, contracts, or arranges for such transportation, unless such person holds a broker’s license issued by the Commission to engage *Proviso*.Requirement of certificate or permit.in such transactions: *Provided, however*, That no such person shall engage in transportation subject to this part unless he holds a Employment of carrier not holding certificate or permit, unlawful.certificate or permit as provided in this part. In the execution of any contract, agreement, or arrangement to sell, provide, procure, furnish, or arrange for such transportation, it shall be unlawful for such person to employ any carrier by motor vehicle who or which is not the lawful holder of an effective certificate or permit issued When provision inapplicable.as provided in this part: *And provided further*, That the provisions of this paragraph shall not apply to any carrier holding a certificate or a permit under the provisions of this part or to any bona fide employee or agent of such motor carrier, so far as concerns transportation to be furnished wholly by such carrier or jointly with other motor carriers holding like certificates or permits, or with a common carrier by railroad, express, or water. “(b) Brokerage license; issue of; requirements. A brokerage license shall be issued to any qualified applicant therefor, authorizing the whole or any part of the operations covered by the application, if it is found that the applicant is fit, willing, and able properly to perform the service proposed and to conform to the provisions of this part and the requirements, rules, and regulations of the Commission thereunder, and that the proposed service, to the extent to be authorized by the license, is, or will be consistent with the public interest and the policy declared in section 202
(a)of this part; otherwise such application shall be denied. Continuation of business.Any broker in operation when this section takes effect may continue such operation for a period of one hundred and twenty days thereafter without a license, and if application for such license is made within such period, the broker may, under such regulations as the Commission shall prescribe, continue such operations until otherwise ordered by the Commission. “(c) Commission rules governing protection of travelers. The Commission shall prescribe reasonable rules and regulations for the protection of travelers or shippers by motor vehicle, to be observed by any person holding a brokerage license, and no such Broker’s bond.license shall be issued or remain in force unless such person shall have furnished a bond or other security approved by the Commission, in such form and amount as will insure financial responsibility and the supplying of authorized transportation in accordance with contracts, agreements, or arrangements therefor. “(d) Jurisdiction of Commission as to accounts, etc. The Commission and its special agents and examiners shall have the same authority as to accounts, reports, and records, including inspection and preservation thereof, of any person holding a brokerage license issued under the provisions of this section, that they have under this part with respect to motor carriers subject thereto. 555 “suspension, change, revocation, and transfer of certificates, permits, and licensesCertificates, permits, and licenses. “Sec. 212.
(a)Certificates, permits, and licenses shall be effectiveEffective dates of. from the date specified therein, and shall remain in effect until terminated as herein provided. Any such certificate, permit, or licenseAmendment; revocation. may, upon application of the holder thereof, in the discretion of the Commission, be amended or revoked, in whole or in part, or may upon complaint, or on the Commission’s own initiative, after notice and hearing, be suspended, changed, or revoked, in whole or in part, for willful failure to comply with any provision of this part, or with any lawful order, rule, or regulation of the Commission promulgated thereunder, or with any term, condition, or limitation of such certificate, permit, or license: *Provided, however*, That no such certificate,*Proviso*. Willful noncompliance with Commission’s order, etc. permit, or license shall be revoked (except upon application of the holder) unless the holder thereof willfully fails to comply, within a reasonable time, not less than ninety days, to be fixed by the Commission, with a lawful order of the Commission, made as provided in section 204 (d), commanding obedience to the provision of this part, or to the rule or regulation of the Commission thereunder, or to the term, condition, or limitation of such certificate, permit, or license, found by the Commission to have been violated by such holder. “(b) Except as provided in section 213, any certificate or permitCertificate or permit; transfer of. may be transferred, pursuant to such rules and regulations as the Commission may prescribe. “consolidation, merger, and acquisition of controlConsolidation, merger, and acquisition of control.Lawful acts. “Sec. 213.
(a)It shall be lawful, under the conditions specified below, but under no other conditions, for two or more motor carriers which are not also carriers by railroad to consolidate or merge their properties, or any part thereof, into one corporation for the ownership, management, and/or operation of the properties theretofore in separate ownership; or for any such motor carrier or two or more such carriers jointly, to purchase, lease, or contract to operate the properties, or any part thereof, of another such carrier; or for any such motor carrier or two or more such carriers jointly, to acquire control of another such carrier through purchase of its stock; or for a person which is not a motor carrier or a carrier by railroad, or express, or water to acquire control of two or more motor carriers through ownership of their stock; or for any such person which has control of one or more motor carriers to acquire control of another such carrier through ownership of its stock; or for a carrier by railroad, express, or water to consolidate, or merge with, or acquire control of, any motor carrier or to purchase, lease, or contract to operate its properties, or any part thereof. “(1) Whenever a consolidation, merger, purchase, lease, operating Application for; filing.contract, or acquisition of control is proposed under this section, the carrier or carriers or the person seeking authority therefor shall present an application to the Commission, and thereupon the CommissionNotification required. shall notify the Governor of each State in which any part of the properties or operations of the carriers involved in the proposed transaction is situated, and also such carriers and the applicant or applicants, and other parties known to have a substantial interest in the proceeding of the time and place for a public hearing. IfHearings. after such hearing the Commission finds that the transaction proposed will be consistent with the public interest and that the conditions of this section have been or will be fulfilled, it may enterCommission’s order. an order approving and authorizing such consolidation, merger, purchase, lease, operating contract, or acquisition of control, upon 556such terms and conditions as it shall find to be just and reasonable *Proviso*. When carrier other than motor carrier is applicant.and with such modifications as it may prescribe: *Provided, however*, That if a carrier other than a motor carrier is an applicant, or any person which is controlled by such a carrier other than a motor Vol. 24, p. 380; [U. S. C., p. 2217](/us/usc/2217).carrier or affiliated therewith within the meaning of section 5
(8)of part I, the Commission shall not enter such an order unless it finds that the transaction proposed will promote the public interest by enabling such carrier other than a motor carrier to use service by motor vehicle to public advantage in its operations and will not unduly restrain competition. “(2) Jurisdiction over, when order permitting merger, etc., entered. Whenever a person which is not a motor carrier is authorized, by an order entered under subparagraph
(1)of this section, to acquire control of any such carrier or of two or more such carriers, such person thereafter shall, to the extent provided by the *Ante*, p. 546.Commission, for the purposes of section 204
(a)(1), and section 220
(a)and (b), relating to accounts, records, and reports, and to the inspection of facilities and records, including the penalties applicable in the case of violations thereof, be subject to the provisions of this part. “(b) Unlawful acts.
(1)It shall be unlawful for any person, except as provided in paragraph (a), to accomplish or effectuate, or to participate in accomplishing or effectuating, the control or management in a common interest of any two or more motor carriers which are not also carriers by railroad, however such result is attained, whether directly or indirectly, by use of common directors, officers, or stockholders, a holding or investment company or companies, a voting trust or trusts, or in any other manner whatsoever. It shall be unlawful to continue to maintain control or management accomplished or effectuated after the enactment of this part and in violation of this paragraph. As used in this paragraph, the words “control or management” shall be construed to include the power to exercise control or management. “(2) Investigation by Commission. The Commission is hereby authorized, upon complaint or upon its own initiative without complaint, but after notice and hearing, to investigate and determine whether any person is violating Order of.the provisions of paragraph
(1)of this section. If the Commission finds after such investigation that such person is violating the provisions of such paragraph, it shall by order require such person to take such action consistent with the provisions of this part as may be necessary, in the opinion of the Commission, to prevent further violation of such provisions. “(3) “Control” construed.For the purposes of this section, wherever reference is made to control, it is immaterial whether such control is direct or indirect. “(c) United States district courts; jurisdiction of.The district courts of the United States shall have jurisdiction upon the application of the Commission, alleging a violation of any of the provisions of this section or disobedience of any order issued by the Commission thereunder by any person, to issue such writs of injunction or other proper process, mandatory or otherwise, as may be necessary to restrain such person from violation of such provision or to compel obedience to such order. “(d) Supplemental orders. The Commission may from time to time, for good cause shown, make such orders, supplemental to any order made under paragraphs
(a)or (b), as it may deem necessary or appropriate. “(e) Limitation on authority of Commission; inapplicability of provisions when not more than twenty motor vehicles involved. Except where a carrier other than a motor carrier is an applicant or any person which is controlled by such a carrier or earners by railroad or affiliated therewith within the meaning of section 5
(8)of part I, the provisions of this section requiring authority from the Commission for consolidation, merger, purchase, lease, operating contract, or acquisition of control shall not apply where the total number of motor vehicles involved is not more than twenty. 557 “(f) The carriers and any person affected by any order made underCarriers relieved from operation of anti-trust laws.Vol. 26. p. 209; [U. S. C., p. 509](/us/usc/509). the foregoing provisions of this section shall be, and they are hereby, relieved from the operation of the ‘antitrust laws’, as designated in section 1 of the Act entitled ‘An Act to supplement existing laws against unlawful restraints, and monopolies, and for other purposes’, approved October 15, 1914, and of all other restraints or prohibitions by or imposed under authority of law, State or Federal, insofar as may be necessary to enable them to do anything authorized or required by such order. “issuance of securitiesSecurities; issuance of. “Sec. 214. Common or contract carriers by motor vehicle, corporationsProvisions applicable to. organized for the purpose of engaging in transportation as such carriers, and corporations authorized by order entered under section 213
(1)to acquire control of any such carrier, or of two or more such carriers, shall be subject to the provisions of paragraphs 2 to 11, inclusive, of section 20a of part I of this ActVol. 41, p. 494; [U. S. C., p. 2231](/us/usc/2231). (including penalties applicable in cases of violations thereof): *Provided, however*, That said provisions shall not apply to such*Proviso*.Restriction on application of provisions. carriers or corporations where the par value of the securities to be issued, together with the par value of the securities then outstanding, does not exceed $500,000. In the case of securities having no parSecurities having no par value. value, the par value for the purpose of this section shall be the fair market value as of the date of their issue: *Provided further*, ThatSecurities Act, 1933; amendment.Vol. 48, p. 76; [U. S. C., p. 520](/us/usc/520).Vol. 41, p. 494; [U. S. C., p. 2231](/us/usc/2231). the exemption in section 3
(6)of the ‘Securities Act, 1933’ is hereby amended to read as follows: ‘(6) Any security issued by a common or contract carrier, the issuance of which is subject to the provisions of section 20a of the Interstate Commerce Act, as amended;’. “security for the protection of the publicSecurity for protection of public. “Sec. 215. No certificate or permit shall be issued to a motor carrierSurety bonds; filing and approval. or remain in force, unless such carrier complies with such reasonable rules and regulations as the Commission shall prescribe governing the filing and approval of surety bonds, policies of insurance,Insurance policies; qualifications as self-insurer; regulations governing. qualifications as a self-insurer or other securities or agreements, in such reasonable amount as the Commission may require, conditioned to pay, within the amount of such surety bonds, policies of insurance, qualifications as a self-insurer or other securities or agreements, any final judgment recovered against such motor carrier for bodily injuries to or the death of any person resulting from the negligent operation, maintenance, or use of motor vehicles under such certificate or permit, or for loss or damage to property of others. TheCompensation to shippers. Commission may, in its discretion and under such rules and regulations as it shall prescribe, require any such common carrier to file a surety bond, policies of insurance, qualifications as a self-insurer, or other securities or agreements, in a sum to be determined by the Commission, to be conditioned upon such carrier making compensation to shippers and/or consignees for all property belong1So in original. to shippers and/or consignees, and coming into the possession of such carrier in connection with its transportation service. Any carrier which mayCarrier subrogated to rights of shipper when payment made. be required by law to compensate a shipper and/or consignee for any loss, damage, or default for which a connecting motor common carrier is legally responsible shall be subrogated to the rights of such shipper and/or consignee under any such bond, policies of insurance, or other securities or agreements, to the extent of the sum so paid. 558 Rates, fares, and charges of common carriers by motor vehicle.“rates, fares, and charges of common carriers by motor vehicles “Sec. 216. Duty of carriers to establish through routes; provide adequate service.
(a)It shall be the duty of every common carrier of passengers by motor vehicle to establish reasonable through routes with other such common carriers and to provide safe and adequate service, equipment, and facilities for the transportation of passengers Establish joint rates, etc.in interstate or foreign commerce; to establish, observe, and enforce just and reasonable individual and joint rates, fares, and charges, and just and reasonable regulations and practices relating thereto, and to the issuance, form, and substance of tickets, the carrying of personal, sample, and excess baggage, the facilities for transportation, and all other matters relating to or connected with the Division of.transportation of passengers in interstate or foreign commerce; and in case of such joint rates, fares, and charges, to establish just, reasonable, and equitable divisions thereof as between the carriers participating therein which shall not unduly prefer or prejudice any of such participating carriers. “(b) Duty to establish facilities for property transportation. It shall be the duty of every common carrier of property by motor vehicle to provide safe and adequate service, equipment, and facilities for the transportation of property in interstate or foreign commerce; to establish, observe, and enforce just and reasonable rates, charges, and classifications, and just and reasonable regulations and practices relating thereto and to the manner and method of Marking, packing, and delivery.presenting, marking, packing, and delivering property for transportation, the facilities for transportation, and all other matters relating to or connected with the transportation of property in interstate or foreign commerce. “(c) Through routes, joint rates, etc. Common carriers of property by motor vehicle may establish reasonable through routes and joint rates, charges, and classifications with other such carriers or with common carriers by railroad and/or express and/or water; and common carriers of passengers by motor vehicle may establish reasonable through routes and joint rates, fares, or charges with common carriers by railroad and/or water. Regulations in connection therewith.In case of such joint rates, fares, or charges it shall be the duty of the carriers parties thereto to establish just and reasonable regulations and practices in connection therewith, and just, reasonable, and equitable divisions thereof as between the carriers participating therein which shall not unduly prefer or prejudice any of such participating carriers. “(d) Unlawful acts.Granting preferences; making unjust discriminations. It shall be unlawful for any common carrier by motor vehicle engaged in interstate or foreign commerce to make, give, or cause any undue or unreasonable preference or advantage to any particular person, port, gateway, locality, or description of traffic in any respect whatsoever, or to subject any particular person, port, gateway, locality, or description of traffic to any unjust discrimination or any undue or unreasonable prejudice or disadvantage in any *Proviso.*Not applicable to discriminations against other carriers.respect whatsoever: *Provided, however*, That this paragraph shall not be construed to apply to discriminations, prejudice or disadvantage to the traffic of any other carrier of whatever description. “(e) Complaints. Any person, State board, organization, or body politic may make complaint in writing to the Commission that any such rate, fare, charge, classification, rule, regulation, or practice, in effect or proposed to be put into effect, is or will be in violation of this section Hearing.or of section 217. Whenever., after hearing, upon complaint or in an investigation on its own initiative, the Commission shall be of the opinion that any individual or joint rate, fare, or charge, demanded, charged, or collected by any common carrier or carriers by motor vehicle or by any common carrier or carriers by motor vehicle in conjunction with any common carrier or carriers by 559railroad and/or express, and/or water for transportation in interstate or foreign commerce, or any classification, rule, regulation, or practice whatsoever of such carrier or carriers affecting such rate, fare, or charge or the value of the service thereunder, is or will be unjust or unreasonable, or unjustly discriminatory or unduly preferentialDetermination of lawful rate, etc. or unduly prejudicial, it shall determine and prescribe the lawful rate, fare, or charge or the maximum or minimum, or maximum and minimum rate, fare, or charge thereafter to be observed, or the lawful classification, rule, regulation, or practice thereafter to be made effective and the Commission shall, whenever deemed by it to be necessary or desirable in the public interest, after hearing, upon complaint or upon its own initiative without a complaint, establish through routes and joint rates, fares, charges, regulations, or practices, applicable to the transportation of passengers by common carriers by motor vehicle, or the maxima or minima, or maxima and minima, to be charged, and the terms and conditions under which such through routes shall be operated: *Provided, however*, That nothing in this part shall empower the*Proviso*.Intrastate transportation excluded. Commission to prescribe, or in any manner regulate, the rate, fare, or charge for intrastate transportation, or for any service connected therewith, for the purpose of removing discrimination against interstate commerce or for any other purpose whatever. “(f) Whenever, after hearing, upon complaint or upon its ownComplaints respecting divisions of joint rates, etc. initiative, the Commission is of opinion that the divisions of joint rates, fares, or charges, applicable to the transportation in interstate or foreign commerce of passengers or property by common carriers by motor vehicle or by such carriers in conjunction with common carriers by railroad and/or express, and/or water are or will be unjust, unreasonable, inequitable, or unduly preferential or prejudicial as between the carriers parties thereto (whether agreed upon by such carriers, or any of them, or otherwise established), the Commission shall by order prescribe the just, reasonable, andEquitable division to be ordered. equitable divisions thereof to be received by the several carriers, and in cases where the joint rate, fare, or charge was established pursuant to a finding or order of the Commission and the divisions thereof are found by it to have been unjust, unreasonable, or inequitable, or unduly preferential or prejudicial, the Commission may also by order determine what would have been the just, reasonable, and equitable divisions thereof to be received by the several carriers, and require adjustment to be made in accordance therewith. The order of the Commission may require the adjustment of divisionsAdjustment of divisions between carriers. between the carriers, in accordance with the order, from the date of filing the complaint or entry of order of investigation or such other date subsequent as the Commission finds justified and, in the case of joint rates prescribed by the Commission, the order as to divisions may be made effective as a part of the original order. “(g) Whenever there shall be filed with the Commission anySchedule of new rates, etc. schedule stating a new individual or joint rate, fare, charge, or classification for the transportation of passengers or property by a common carrier or carriers by motor vehicle, or by any such carrier or carriers in conjunction with a common carrier or carriers by railroad and/or express, and/or water in interstate or foreign commerce, or any rule, regulation, or practice affecting such rate, fare, or charge, or the value of the service thereunder, the Commission is hereby authorized and empowered upon complaint of any interested party or upon its own initiative at once and, if it soHearing to determine lawfulness; notice. orders, without answer or other formal pleading by the interested carrier or carriers, but upon reasonable notice, to enter upon a hearing concerning the lawfulness of such rate, fare, or charge, or 560such rule, regulation, or practice, and pending such hearing and the decision thereon the Commission, by filing with such schedule and delivering to the carrier or carriers affected thereby a statement in Suspension of operation of new schedule.writing of its reasons for such suspension, may suspend the operation of such schedule and defer the use of such rate, fare, or charge, or such rule, regulation, or practice, for a period of ninety days and if the proceeding has not been concluded and a final order made within such period the Commission may, from time to time, extend the period of suspension by order, but not for a longer-period in the aggregate than one hundred and eighty days beyond the time when it would otherwise go into effect; and after hearing, whether completed before or after the rate, fare, charge, classification, rule, regulation, or practice goes into effect, the Commission may make such order with reference thereto as would be proper in a proceeding instituted after it had become effective. If the proceeding has not been concluded and an order made within the period of suspension, the proposed change of rate, fare, or charge, or classification, rule, regulation, or practice, shall go into effect at *Proviso*. Not applicable to initial schedule.the end of such period: *Provided*, That this paragraph shall not apply to any initial schedule or schedules filed by any such carrier in bona fide operation when this section takes effect. “(h) Proceeding to determine just rate, etc.; elements to be considered. In any proceeding to determine the justness or reasonableness of any rate, fare, or charge of any such carrier, there shall not be taken into consideration or allowed as evidence or elements of value of the property of such carrier, either good will, earning power, or the certificate under which such carrier is operating; and in applying for and receiving a certificate under this part any such carrier shall be deemed to have agreed to the provisions of this paragraph, on its own behalf and on behalf of all transferees of such certificate. “(i) Factors to be considered. In the exercise of its power to prescribe just and reasonable rates for the transportation of passengers or property by common carriers by motor vehicle the Commission shall give due consideration, among other factors, to the inherent advantages of transportation by such carriers to the effect of rates upon the movement of traffic by such carriers; to the need, in the public interest, of adequate and efficient transportation service by such carriers at the lowest cost consistent with the furnishing of such service; and to the need of revenues sufficient to enable such carriers, under honest, economical, and efficient management, to provide such service. “(j) Remedies, rights of action. Nothing in this section shall be held to extinguish any remedy or right of action not inconsistent herewith. “tariffs of common carriers by motor vehicleTariffs of common carriers. “Sec. 217.
(a)Filing; printing; inspection. Every common carrier by motor vehicle shall file with the Commission, and print, and keep open to public inspection, tariffs showing all the rates, fares, and charges for transportation, and all services in connection therewith, of passengers or property in interstate or foreign commerce between points on its own route and between points on its own route and points on the route of any other such carrier, or on the route of any common carrier by railroad and/or express and/or water, when a through route and joint rate shall have been established. Such rates, fares, and charges shall be Publication, etc.stated in terms of lawful money of the United States. The tariffs required by this section shall be published, filed, and posted in such Rejection.form and manner, and shall contain such information, as the Commission by regulations shall prescribe; and the Commission is561authorized to reject any tariff filed with it which is not in consonance with this section and with such regulations. Any tariff so rejected by the Commission shall be void and its use shall be unlawful. “(b) No common carrier by motor vehicle shall charge or demandCharging compensation not specified in, prohibited. or collect or receive a greater or less or different compensation for transportation or for any service in connection therewith between the points enumerated in such tariff than the rates, fares, and charges specified in the tariffs in effect at the time; and no such carrier shall refund or remit in any manner or by any device, directly or indirectly,Rebates. or through any agent or broker or otherwise, any portion of the rates, fares, or charges so specified, or extend to any person any privileges or facilities for transportation in interstate or foreign commerce except such as are specified in its tariffs: *Provided*, That*Proviso*.Other provisions applicable.Vol. 24, p. 379; [U. S. C., pp. 2212, 2233](/us/usc/2212/2233). the provisions of sections 1
(7)and 22
(1)of part I shall apply to common carriers by motor vehicles subject to this part. “(c) No change shall be made in any rate, fare, charge, or classification,Notice of proposed change in rate, etc. or any rule, regulation, or practice affecting such rate, fare, charge, or classification, or the value of the service thereunder, specified in any effective tariff of a common carrier by motor vehicle, except after 30 days’ notice of the proposed change filed and posted in accordance with paragraph
(a)of this section. Such notice shall plainly state the change proposed to be made and the time when such change will take effect. The Commission may, in its discretionModification of requirements of section. and for good cause shown, allow such change upon notice less than that herein specified or modify the requirements of this section with respect to posting and filing of tariffs either in particular instances or by general order applicable to special or peculiar circumstances or conditions. “(d) No common carrier by motor vehicle, unless otherwise providedRates, fares, and charges; publication. by this part, shall engage in the transportation of passengers or property unless the rates, fares, and charges upon which the same are transported by said carrier have been filed and published in accordance with the provisions of this part. “schedules of contract carriers by motor vehicleSchedules of contract carriers by motor vehicle. “Sec. 218.
(a)It shall be the duty of every contract carrier byDuty of carrier to file and publish; keep open for inspection. motor vehicle to file with the Commission, publish, and keep open for public inspection, in the form and manner prescribed by the Commission, schedules or, in the discretion of the Commission, copies of contracts containing the minimum charges of such carrier for the transportation of passengers or property in interstate or foreign commerce, and any rule, regulation, or practice affecting such charges and the value of the service thereunder. No such contract carrier, unless otherwise provided by this part, shall engage in the transportation of passengers or property in interstate or foreign commerce unless the minimum charges for such transportation by said carrier have been published, filed, and posted in accordance with the provisions of this part. No reduction shall be made in any suchReductions. charge either directly or by means of any change in any rule, regulation, or practice affecting such charge or the value of service thereunder,Notice required. except after thirty days’ notice of the proposed change filed in the aforesaid form and manner; but the Commission may, in its discretion and for good cause shown, allow such change upon less notice, or modify the requirements of this paragraph with respect to posting and filing of such schedules or copies of contracts, either in particular instances, or by general order applicable to special or peculiar circumstances or conditions. Such notice shall plainlyStatements therein. state the change proposed to be made and the time when such change 562Compensation less than filed charges prohibited.will take effect. No such carrier shall demand, charge, or collect a less compensation for such transportation than the charges filed in accordance with this paragraph, as affected by any rule, regulation, or practice so filed, or as may be prescribed by the Commission from time to time, and it shall be unlawful for any such carrier, by the furnishing of special services, facilities, or privileges, or by any other device whatsoever, to charge, accept, or receive less than the *Proviso*.Application of carriers for relief hereunder.minimum charges so filed or prescribed: *Provided*, That any such carrier or carriers, or any class or group thereof, may apply to the Commission for relief from the provisions of this paragraph, and the Commission may, after hearing, grant such relief to such extent and for such time, and in such manner as in its judgment is consistent with the public interest and the policy declared in section 202
(a)of this part. “(b) Complaints respecting charges, rules, etc. Whenever, after hearing upon complaint or its own initiative, the Commission finds that any charge of any contract carrier or carriers by motor vehicle, or any rule, regulation, or practice of any such carrier or carriers affecting such charge, or the value of the service thereunder, for the transportation of passengers or property in interstate or foreign commerce, contravenes the policy declared in Minimum charge to be prescribed.section 202
(a)of this part, the Commission may prescribe such minimum charge, or such rule, regulation, or practice as in its judgment may be necessary or desirable in the public interest and to Preferences.promote the policy declared in said section. Such minimum charge, or such rule, regulation, or practice, so prescribed by the Commission, shall give no advantage or preference to any such carrier in competition with any common carrier by motor vehicle subject, to this part, which the Commission may find to be undue or inconsistent with the public interest and the policy declared in said section, and the Commission shall give due consideration to the cost of the services rendered by such carriers and to the effect of such minimum charge, or such rules, regulations, or practices, upon the movement of traffic by such carriers. All complaints shall state fully the facts complained of and the reasons for such complaint and shall be made under oath. “(c) Schedule of reduced rate. Whenever there shall be filed with the Commission by any such contract carrier any schedule or contract stating a reduced charge directly, or by means of any rule, regulation, or practice, for the transportation of passengers or property in interstate or foreign commerce, the Commission is hereby authorized and empowered upon complaint of interested parties or upon its own initiative at once and, if it so orders, without answer or other formal pleading Hearing to determine lawfulness; notice.by the interested party, but upon reasonable notice, to enter upon a hearing concerning the lawfulness of such charge, or such rule, regulation, or practice, and pending such hearing and the decision thereon the Commission, by filing with such schedule or contract and delivering to the carrier affected thereby a statement in writing Suspension of operation of new schedule.of its reasons for such suspension, may suspend the operation of such schedule or contract and defer the use of such charge, or such rule, regulation, or practice, for a period of ninety days, and if the proceeding has not been concluded and a final order made within such period the Commission may, from time to time, extend the period of suspension, but not for a longer period in the aggregate than one hundred and eighty days beyond the time when it would otherwise go into effect; and after hearing, whether completed before or after the charge, or rule, regulation, or practice goes into effect, the Commission may make such order with reference thereto as would be proper in a proceeding instituted after it had become effective. If the proceeding has not been concluded and an order 563 made within the period of suspension, the proposed change in any charge or rule, regulation, or practice shall go into effect at the end of such period: *Provided*, That this paragraph shall not apply to*Proviso*.Not applicable to initial schedule. any initial schedule or schedules, or contract or contracts, filed by any such carrier in bona fide operation when this section takes effect. “receipts of bills of ladingReceipts or bills of lading. “Sec. 219. The provisions of section 20
(11)of part I shall applyProvisions applicable to. with like force and effect to receipts or bills of lading of common carriers by motor vehicle. “accounts, records, and reportsAccounts, records, and reports. “Sec. 220.
(a)The Commission is hereby authorized to requireAuthority of Commission respecting. annual, periodical, or special reports from all motor carriers, to prescribe the manner and form in which such reports shall be made, and to require from such carriers specific answers to all questions upon which the Commission may deem information to be necessary. Such reports shall be under oath whenever the Commission so requires. The Commission may also require any motor carrier to file with it a true copy of each or any contract, agreement, or arrangement between such carrier and any other carrier or person in relation to any traffic affected by the provisions of this part, to which he or it may be a party. “(b) The Commission may, in its discretion, prescribe the formsAdditional authority. of any and all accounts, records, and memoranda to be kept by motor carriers and the length of time such accounts, records, and memoranda shall be preserved, including the accounts, records, and memoranda of the movement of traffic, as well as of the receipts and expenditures of money. The Commission or its duly authorizedAccess to lands, buildings, and carrier equipment. special agents or examiners shall at all times have access to all lands, buildings, or equipment of motor carriers used in connection with interstate or foreign operation and also all accounts, records, and memoranda, including all documents, papers, and correspondence now or hereafter existing, and kept, or required to be kept, by motor carriers. The special agents or examiners of the Commission shallAuthority of special agents or examiners. have authority under its order to inspect and examine any and all such lands, buildings, equipment, accounts, records, and memoranda, including all documents, papers, and correspondence now or hereafter existing and kept or required to be kept by such carriers. ThisApplication of provision. provision shall apply to receivers of carriers and to operating trustees and, to the extent deemed necessary by the Commission, to persons having control, direct or indirect, over or affiliated with any motor carrier. “(c) As used in this section the term ‘motor carriers’ includes“Motor carriers” to include brokers. brokers. “orders, notices, and service of processOrders, notices, and service of process. “Sec. 221.
(a)It shall be the duty of every motor carrier toDesignation of agent for service of notices or orders. file with the board of each State in which it operates under a certificate or permit issued under this part, and with the Commission, a designation in writing of the name and post-office address of a person upon whom or which service of notices or orders may be made under this part. Such designation may from time to time be changed by like writing similarly filed. Service of notices or ordersMethods of making service. in proceedings under this part may be made upon a motor carrier by personal service upon it or upon the person so designated by it, or by registered mail addressed to it or to such person at the address 564Service in default of designation.filed. In default of such designation, service of any notice or order may be made by posting in the office of the secretary or clerk of the board of the State wherein the motor carrier maintains headquarters Time when notice considered served.and in the office of the secretary of the Commission. Whenever notice is given by mail as provided herein the date of mailing shall be considered as the time when notice is served. “(b) Orders of Commission; effective date. Except as otherwise provided in this part, all orders of the Commission shall take effect within such reasonable time as the Commission may prescribe and shall continue in force until its further order, or for a specified period of time, according as shall be prescribed in the order, unless the same shall be suspended or modified or set aside by the Commission, or be suspended or set aside by a court of competent jurisdiction. “(c) Designation of agent for service of process. Every motor carrier shall also file with the board of each State in which it operates a designation in writing of the name and post-office address of a person in such State upon whom process issued by or under the authority of any court having jurisdiction of the subject matter may be served in any proceeding at law or equity brought against such carrier. Such designation may from Service in default of designation.time to time be changed by like writing similarly filed. In the event such carrier fails to file such designation, service may be made upon any agent of such motor carrier within such State. “(d) “Motor carrier” to include broker. As used in this section, the term ‘motor carriers’ includes brokers. “unlawful operationUnlawful operation. “Sec. 222. Penalty for violating provisions.
(a)Any person knowingly and willfully violating any provision of this part, or any rule, regulation, requirement, or order thereunder, or any term or condition of any certificate, permit, or license, for which a penalty is not otherwise herein provided, shall, upon conviction thereof, be fined not more than $100 for the first offense and not more than $500 for any subsequent offense. Each day of such violation shall constitute a separate offense. “(b) If any motor carrier or broker operates in violation of any provision of this part (except as to the reasonableness of rates, fares, or charges and the discriminatory character thereof), or any rule, regulation, requirement, or order thereunder, or of any term or condition of any certificate or permit, the Commission or its duly authorized agent may apply to the district court of the United States for any district where such motor carrier or broker operates, for the enforcement of such provision of this part, or of such rule, Jurisdiction of court.regulation, requirement, order, term, or condition; and such court shall have jurisdiction to enforce obedience thereto by a writ of injunction or by other process, mandatory or otherwise, restraining such carrier or broker, his or its officers, agents, employees, and representatives from further violation of such provision of this part or of such rule, regulation, requirement, order, term, or condition and enjoining upon it or them obedience thereto. “(c) Penalty for offering, procuring, etc., rebates, discriminations, etc. Any person, whether carrier, shipper, consignee, or broker, or any officer, employee, agent, or representative thereof, who shall knowingly offer, grant, or give, or solicit, accept, or receive any rebate, concession, or discrimination in violation of any provision of this part, or who by means of any false statement or representation, or by the use of any false or fictitious bill, bill of lading, receipt, voucher, roll, account, claim, certificate, affidavit, deposition, lease, or bill of sale, or by any other means or device, shall knowingly and willfully assist, suffer or permit any person or persons, natural or artificial, to obtain transportation of passengers or property sub565ject to this part for less than the applicable rate, fare, or charge, or who shall knowingly and willfully by any such means or otherwise fraudulently seek to evade or defeat regulation as in this part provided for motor carrier or brokers, shall be deemed guilty of a misdemeanor and upon conviction thereof be fined not more than $500 for the first offense and not more than $2,000 for any subsequent offense. “(d) Any special agent or examiner who divulges any fact orPenalty, agent or examiner divulging information. information which may come to his knowledge during the course of the examination of the accounts, records, and memoranda of motor carriers or brokers as provided in section 220 (b), except as he may be directed by the Commission or by a court of competent jurisdiction or judge thereof, shall be subject, upon conviction in any court of the United States of competent jurisdiction, to a fine of not more than $5,000 or imprisonment for a term not exceeding two years, or both. “(e) It shall be unlawful for any motor carrier or broker engagedPenalty for unauthorized disclosure of information respecting shipment. in interstate or foreign commerce or any officer, receiver, trustee, lessee, agent, or employee of such carrier, broker, or person, or for any other person authorized by such carrier, broker, or person to receive information, knowingly to disclose to, or permit to be acquired by any person other than the shipper or consignee without the consent of such shipper or consignee, any information concerning the nature, kind, quantity, destination, consignee, or routing of any property tendered or delivered to such motor carrier or broker for such transportation, which information may be used to the detriment or prejudice of such shipper or consignee, or which may improperly disclose his business transactions to a competitor; and it shall also be unlawful for any person to solicit or knowingly receive any such information which may be so used. “(f) Nothing in this part shall be construed to prevent theInformation furnished in response to legal process. giving of such information in response to any legal process issued under the authority of any court, or to any officer or agent of the Government of the United States or of any State, Territory, or District thereof, in the exercise of his power, or to any officer or other duly authorized person seeking such information for the prosecution of persons charged with or suspected of crimes or to another carrier or broker, or its duly authorized agent, for the purpose of adjusting mutual traffic accounts in the ordinary course of business of such carriers or brokers. “(g) Any motor carrier, or broker, or any officer, agent, employee,Penalty; refusal to make report, keep accounts, etc. or representative thereof who shall willfully fail or refuse to make a report to the Commission as required by this part, or to keep accounts, records, and memoranda in the form and manner approved or prescribed by the Commission, or shall knowingly and willfully falsify, destroy, mutilate, or alter any such report, account, record, or memorandum, or shall knowingly and willfully file any false report, account, record, or memorandum, shall be deemed guilty of a misdemeanor and upon conviction thereof be subject for each offense to a fine of not less than $100 and not more than $5,000. “collection of rates and chargesRates and charges. “Sec. 223. No common carrier by motor vehicle shall deliver orCollection of. relinquish possession at destination of any freight transported by it in interstate or foreign commerce until all tariff rates and charges thereon have been paid, except under such rules and regulations as the Commission may from time to time prescribe to govern the 566Employees; qualifications, hours of service.settlement of all such rates and charges, including rules and regulations for weekly or monthly settlement, and to prevent unjust *Proviso.*Credit extensions.discrimination or undue preference or prejudice: *Provided*, That the provisions of this paragraph shall not be construed to prohibit any such carrier from extending credit in connection with rates and. charges on freight transported for the United States, for any department, bureau, or agency thereof, or for any State or Territory, or political subdivision thereof, or for the District of Columbia. Where any common carrier by motor vehicle is instructed by a shipper or consignor to deliver property transported by such carrier to a consignee other than the shipper or consignor, such consignee shall not be legally liable for transportation charges in respect of the transportation of such property (beyond those billed against him at the time of delivery for which he is otherwise liable) which may be found to be due after the property has been delivered to him, if the consignee
(a)is an agent only and had no beneficial title in the property, and
(b)prior to delivery of the property has notified the delivering carrier in writing of the fact of such agency and absence of beneficial title, and, in the case of shipment reconsigned or diverted to a point other than that specified in the original bill of lading, has also notified the delivering carrier in writing of the name and address of the beneficial owner of the property. In such cases the shipper or consignor, or, in the case of a shipment so reconsigned or diverted, the beneficial owner shall be liable for such additional charges, irrespective of any provisions to the contrary in the bill of lading or in the contract under which the shipment was made. If the consignee has given to the carrier erroneous information as to who is the beneficial owner, such consignee shall himself be liable for such additional charges, notwithstanding the foregoing provisions of this paragraph. On shipments reconsigned or diverted by an agent who has furnished the carrier with a notice of agency and the proper name and address of the beneficial owner, and where such shipments are refused or abandoned at ultimate destination, the said beneficial owner shall be liable for all legally applicable charges in connection therewith. “identification of interstate carriersIdentification of interstate carriers. “Sec. 224. Display of plates; regulations. The Commission is hereby authorized, under such rules and regulations as it shall prescribe, to require the display by motor carriers upon each motor vehicle operated under a certificate or permit issued by the Commission, suitable identification Issue of; cost.plate or plates, to provide for the issuance of such plates, and to require the payment by such carriers of the reasonable cost thereof. Deposit of receipts.All moneys so collected shall be paid into the Treasury of the Transfer of plates unlawful.United States. Any substitution, transfer, or use of any such identification plate or plates, except such as may be duly authorized by the Commission, is hereby prohibited and shall be unlawful. “investigation of motor vehicle sizes, weights, and so forthMotor vehicle sizes, weights, etc. “Sec. 225. The Commission is hereby authorized to investigate and report on the need for Federal regulation of the sizes and weight of motor vehicles and combinations of motor vehicles and of the qualifications and maximum hours of service of employees of all motor carriers and private carriers of property by motor vehicle; and in such investigation the Commission shall avail itself of the assistance of all departments or bureaus of the Government and of any organization of motor carriers having special knowledge of any such matter. 567 “separability of provisionsSeparability provision. “Sec. 226. If any provision of this part, or the application thereof to any person, or commerce, or circumstance, is held invalid, the remainder of the part, and part, and the application of such provision to other persons, or commerce, or circumstances, shall not be affected thereby. “time effectiveEffective date. “Sec 227.
(a)This part (except this section, which shall become effective immediately upon approval) shall take effect and be in force on and after the 1st day of October 1935: *Provided, however*, That the Commission shall, if found by it necessary or desirable in the public interest, by general or special order, postpone the taking effect of any provision of this part to such time after the 1st day of October 1935, as the Commission shall prescribe, but not beyond the 1st day of April 1936.” " Approved, August 9, 1935. To authorize the Secretary of War to grant a right-of-way for street purposes upon and across the San Antonio Arsenal, in the State of Texas. 1935-08-09 499 Chapter 49 Stat. 542 74 1 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-01-07 public [CHAPTER 499.] AN ACT To authorize the Secretary of War to grant a right-of-way for street purposes upon and across the San Antonio Arsenal, in the State of Texas. August 9, 1935.[[S. 1726](/us/bill/74/s/1726).][[Public, No. 256](/us/pl/74/256).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That the SecretarySan Antonio, Tex.Easement to, authorized. of War be, and he is hereby, authorized to grant an easement for a right-of-way to the city of San Antonio, State of Texas, to construct and maintain a street to be known as Main Avenue, on the San Antonio Arsenal Military Reservation, Texas, on such terms and conditions as the Secretary of War may prescribe: *Provided*, That*Proviso*.No federal expense. the construction and maintenance of said thoroughfare shall be without expense to the United States, and whenever the lands within said right-of-way shall cease to be used for street or highway purposes they shall revert to the United States. Approved, August 9, 1935. To amend section 559 of title 20 of the Code of the District of Columbia as to restriction on residence of members of the fire department. 1935-08-09 500 Chapter 49 Stat. 567 74 1 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-01-07 public [CHAPTER 500.] AN ACT To amend section 559 of title 20 of the Code of the District of Columbia as to restriction on residence of members of the fire department. August 9, 1935.[[H. R. 3641](/us/bill/74/hr/3641).][
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