Motor Carrier Act of 1980

Summary

Motor Carrier Act of 1980 - Amends the Interstate Commerce Act to direct the Interstate Commerce Commission to issue a certificate authorizing a person to provide transportation as a motor common carrier of property if the Commission determines that such transportation is consistent with the present or future public convenience and necessity. Sets forth the factors the Commission should consider in making such a determination, including the evidence of public support and the quality of available service. Exempts from such procedures applications for authority to provide specified transportation services, including: (1) transportation to any point not served by a certified motor carrier of property; (2) service as a direct substitute for abandoned rail services; and (3) transportation for the United States of specified commodities. Limits the carriers who may protest an application to those who possess or have filed an application to possess authority to handle the traffic for which application is being made. Directs the Commission to develop expedited procedures to process applications of individual motor carriers of property seeking removal of specified operating restrictions, including gateway restrictions, circuitous route limitations, lack of backhaul authority, territorial limitations, and intermediate point service restrictions. Sets forth the factors to be considered in approving or disapproving such applications, including the applicant's showing of an impact on energy consumption and potential cost savings. Exempts from Commission jurisdiction: (1) the transportation for compensation of agricultural commodities; (2) the transportation of property by motor vehicle incidental to transportation by aircraft within a 35-mile radius of an airport or designated airport city; (3) specified transportation by a motor vehicle operated by an owner or a person accompanied by an owner; and (4) specified transportation for compensation by one corporation for itself or a subsidiary. Permits a person to hold both a certificate of a motor common carrier of property and a permit of a motor contract carrier of property to transport property over the same route only as specified. Prohibits the Commission from suspending or investigating any rate proposed by a motor carrier of property to determine whether or not such rate is unreasonable on the basis that it is too high or too low if such rate is within ten percent of the rate charged the previous year. Requires the Commission to maintain standards and procedures for establishing revenue levels for motor carriers of property sufficient to cover total operating expenses, plus a reasonable profit. Sets forth the factors the Commission shall consider when prescribing a rate, classification, rule of practice for transportation or service by common carriers other than rail carriers. Permits a freight forwarder to enter into contracts with a rail carrier or a water common carrier providing specified transportation services. Requires organizations established under an agreement between or among motor common carriers of property to comply with specified requirements, including the right of independent action, the right to vote, and the prohibition against interfering in a change of any tariff item for the account of one of its member carriers. Requires a consignor or consignee requiring assistance in the loading or unloading of a motor vehicle transporting property in interstate commerce to either provide for such assistance or compensate for such assistance accordingly. Prohibits the provision of such assistance unless required. Establishes civil and criminal penalties for violations of such provision. Directs the Commission to require the use of written contracts for the transportation of specified property otherwise exempt from Commission jurisdiction, including livestock and agricultural commodities. Directs the Commission to issue a license to a person authorizing the person to be a broker for transportation of property if such person is found fit and willing to comply with the regulations of the Commission. Directs the Secretary of Transportation, in consultation with the States and the industry, to develop recommendations to provide a more efficient and equitable system of State regulations for interstate motor carriers. Permits any motor common carrier of property to apply to the Commission for approval of a pooling agreement with another motor common carrier of property. Sets forth the factors the Commission must consider in determining whether or not to approve such agreement, including the likelihood that such agreement will unduly restrain competition. Permits a motor common carrier of property to transport exempt commodities at the same time in which he transports commodities for which he holds a certificate. Permits the Commission to grant a motor carrier of property temporary authority to provide transportation to a place having no carrier capable of meeting the needs of the place. Permits the Commission to grant emergency temporary authority to such a carrier when the Commission determines there is not sufficient time to process an application for temporary authority. Sets forth Commission hearing, initial decision, and appellate procedures for those proceedings involving a motor common carrier of property. Sets forth procedures for consolidation, merger, and acquisition of control by a motor carrier of property. Prohibits a State or subdivision of a State from imposing discriminatory taxes upon a motor carrier of property.

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Documents

3 official files

• Passed House amended

  summary · EN · 19 June 1980

  Open at official source

• Reported to House with amendment(s)

  summary · EN · 3 June 1980

  Open at official source

• Introduced in House

  summary · EN · 5 February 1980

  Open at official source

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