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United States · Law · S

S. 2245 (96th)

An act to amend subtitle IV of title 49, United States Code, to provide for more effective regulation of motor carriers of property, and for other purposes.

openUnited States· United States Congress· EN

Introduced

1 February 1980

Last action

Status

Public Law 96-296.

Sponsors

Subjects

Discovery layer

Source updated

14 January 2025

Summary

Motor Carrier Reform Act of 1980 - Amends the Interstate Commerce Commission Act to amend the transportation policy of the United States to rely to the maximum extent feasible upon actual and potential competition to improve and maintain a sound, privately-owned motor carrier system which meets the transportation needs of the United States. Directs the Interstate Commerce Commission (ICC) to issue a certificate to a person as a motor common carrier of property if to do so would not be inconsistent with the present or future public convenience and necessity. Sets forth the factors the Commission must consider when determining such public convenience and necessity. Sets forth exceptions to such certification process, including applications to provide transportation services: (1) for points not served by a certified motor carrier of property; (2) as a direct substitute for abandoned rail service; and (3) for the United States Government for specified commodities. Limits protests to an application to provide transportation as a motor common carrier of property to those who already possess such authority or applied prior in time for the authority to handle such traffic, or to those whom the Commission grants leave to intervene. Prohibits any contract motor carrier of property from protesting any such application. Eliminates specified restrictions on motor carrier of property operations, including gateway restrictions, circuitous route limitations, narrow categories of commodities authorized, intermediate point service prohibitions, and one-way authority. Exempts from ICC regulation: (1) the transportation of specified agricultural commodities and uncooked meat; (2) the transportation by motor vehicle incidental to transportation by motor vehicle incidental to transportation by aircraft; (3) specified transportation by a motor vehicle operated by an owner or a person accompanied by an owner; and (4) specified transportation for compensation provided by a person who is a member of a corporate family for other members of the same corporate family. Eliminates the number of shippers to be served by the carrier as a factor to be considered by the Commission in deciding whether to approve the application of a person for a permit as a motor contract carrier. Eliminates Commission-imposed limitations on contract carrier operations with regard to geographic areas, industries, or persons to be served. Permits a person to hold both a certificate of a motor common carrier and a permit of a motor contract carrier. Permits a motor contract carrier of property to contract with a telephone, telegraph, or cable company to exchange services and perform specified services for a freight forwarder. Eliminates specified restrictions on line-haul transportation of property for at least 450 highway miles. Permits the Commission to amend or revoke any part of a motor contract carrier permit and issue in its place a certificate of public convenience and necessity. Prohibits the Commission from investigating, suspending, revising or revoking any rate proposed by a motor carrier of property or freight forwarder on the grounds that such rate is unreasonable on the basis that it is too high or too low except as specified. Directs the Commission to authorize revenue levels for common carriers that are adequate under efficient management to cover expenses, plus a reasonable profit to support and encourage capital outlays and investment. Sets forth the factors the Commission must consider when prescribing rates, classifications, rules, or practices for transportation or service by common carriers other than rail carriers. Defines the term "single-line rate" for the purpose of rate agreements. Permits motor common carriers of property to enter into agreements between two or more such carriers concerning rates, allowances, classifications and divisions. Permits the submission of such agreements to the Commission for approval. Sets forth the conditions for approval. Sets forth the responsibilities of a consignor or consignee who require that persons who own or operate motor vehicles be assisted in loading or unloading such vehicles. Establishes civil and criminal penalties for the violation of such responsibilities. Directs the Commission to issue a license to a qualifying person authorizing such person to be a broker for transportation of property. Directs the Commission to require the use of written contracts governing the interstate movement by motor vehicle of exempt agricultural commodities. Increases the amount of the total value of outstanding securities and other obligations of motor carriers exempt from Commission jurisdiction. Directs the Secretary of Transportation, in consultation with State agencies and the motor carrier industry, to develop recommendations to be made to Congress to provide a more efficient and equitable system of State regulations for interstate motor carriers. Permits any motor common carrier of property that is a party to a pooling agreement to apply for Commission approval of such agreement. Requires the Commission to enter upon a hearing if it determines that such agreement is of major transportation importance and there is a substantial likelihood that the agreement will unduly restrain competition. Prohibits the Commission from requiring a motor carrier of property, without its consent, to include in such through route substantially less than the entire length of its route except as specified. Directs all carriers party to a through route and joint rate to promptly pay divisions or make interline settlements. Authorizes the Commission to grant a motor carrier of property temporary or emergency temporary authority to provide transportation to a place having no motor carrier capable of meeting the immediate needs of such place. Amends the nonrail proceedings for reaching an initial decision and for deciding an application for rehearing, reargument, or reconsideration. Authorizes the Commission to bring a civil action through its own attorneys to enjoin violations and compel compliance with specified provisions of such Act. Exempts from Commission jurisdiction: (1) motor vehicles controlled and operated by cooperative associations or a federation of cooperative associations when providing specified transportation services; (2) services of a shipper or a group of shippers on a nonprofit basis. Permits the Commission to prescribe specified record keeping and filing requirements and to conduct inspections. Prohibits discrimination in the provision of services by a freight forwarder or in the consideration of a freight forwarder permit application.

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Documents

5 official files

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