Motor Carrier Efficiency and Regulatory Improvement Act of 1979

Summary

Motor Carrier Efficiency and Regulatory Improvement Act of 1979 - Title I: General Provisions - Declares the findings of Congress that: (1) a safe, sound, and fuel efficient motor carrier system is vital to the maintenance of a strong national economy and defense system; and (2) the Interstate Commerce Commission must administer such regulatory system through the issuance of certificates and permits when it finds that they are necessary to meet the public need for service and shall take such other actions as will assure a responsive transportation system in the public interest. Title II: Motor Carrier Entry - Requires the Commission, before issuing any certificate authorizing motor carrier transportation, to make specific findings including the degree of existing competition, the energy efficiency of the applicant's requested route authority, and the effect of such authority on highway safety. Stipulates that lower rates proposed by an applicant may not be the sole or principal basis of a grant of operating authority by the Commission. Stipulates that a motor common carrier may provide transportation under a certificate only if the carrier renders to the public reasonably continuous, safe, and adequate service. Directs the Commission, in determining whether to grant a permit to provide transportation as a motor contract carrier or freight forwarder, to consider the energy efficiency of the proposed service and the effect that granting such a permit would have on highway safety. Stipulates that a person may not hold a certificate of a motor common carrier of property or a permit of a motor contract carrier of property if the person performing the transportation is doing so in the furtherance of a non transportation primary business. Title III: Motor Carrier Rates - Prohibits the Commission from disapproving motor carrier rate bureau agreements unless it finds that such an agreement would violate or would not further the national transportation policy. Exempts such approved agreements from the antitrust laws. Directs the Commission, in determining the reasonableness of motor property carrier rate levels, to approve and maintain revenue levels that are adequate to cover total operating expenses, including the operation of leased equipment and depreciation based upon the replacement cost of useful equipment and facilities at current prices, plus a reasonable profit. Prohibits the Commission from suspending a motor carrier rate on the basis that it exceeds or is below a just and reasonable if: (1) the rate changes are not of general applicability to all or substantially all classes of traffic; (2) the rate change is filed within five years after the enactment of this Act; and (3) the rate increase or decrease is not more than seven percent annually. Title IV: Operations of Carriers - Stipulates that where a motor common carrier of property uses a motor vehicle and a driver of another, the driver shall be considered an employee of the carrier if the Commission finds that the safety of operations, control, and responsibility of such carrier for the driver will be improved by an employer- employee relationship.

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1 official file

• Introduced in Senate

  summary · EN · 12 July 1979

  Open at official source

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