[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1077 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 1077

  To amend title 49, United States Code, relating to deregulation of 
                          intrastate trucking.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 23, 1993

  Mr. Pete Geren of Texas (for himself, Mr. Clinger, Mr. Emerson, Mr. 
   Hastert, and Mr. Parker) introduced the following bill; which was 
      referred to the Committee on Public Works and Transportation

_______________________________________________________________________

                                 A BILL


 
  To amend title 49, United States Code, relating to deregulation of 
                          intrastate trucking.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Private Motor Carrier Equity Act''.

SEC. 2. COMPENSATED INTERCORPORATE TRANSPORTATION.

    Section 10524 of title 49, United States Code, is amended by adding 
at the end the following new subsection:
    ``(d) Preemption With Respect to Compensated Intercorporate 
Transportation.--No State or political subdivision thereof, and no 
agency or organization of 2 or more States, shall enact or enforce any 
law, rule, regulation, standard, or other provision having the force 
and effect of law relating to interstate or intrastate rates, routes, 
or services of any carrier that operates in interstate commerce 
pursuant to Commission regulations promulgated with respect to 
subsections (a) through (c) of this section.''.

SEC. 3. SINGLE SOURCE LEASING OF MOTOR VEHICLES AND DRIVERS TO 
              SHIPPERS.

    Section 10524 of title 49, United States Code, is further amended 
by adding at the end the following new subsection:
    ``(e) Preemption With Respect to Single Source Leasing.--No State 
or political subdivision thereof, and no agency or organization of 2 or 
more States, shall enact or enforce any law, rule, regulation, 
standard, or other provision having the force and effect of law 
relating to interstate or intrastate rates, routes, or services 
involving transportation by a motor vehicle and driver leased from a 
single source by a lessee that operates as a motor private carrier in 
interstate commerce when--
            ``(1) the motor vehicle is exclusively committed to the 
        lessee's use for the term of the lease;
            ``(2) the lessee has exclusive dominion and control over 
        the transportation service conducted by it during the term of 
        the lease;
            ``(3) the lessee maintains public liability and property 
        damage insurance or otherwise accepts responsibility to the 
        public for any injury or damage caused in the course of 
        performing the transportation service during the term of the 
        lease;
            ``(4) the lessee accepts responsibility for, and bears the 
        cost of, compliance with all applicable safety regulations; and
            ``(5) the lessee bears the risk of damage to the cargo.''.

SEC. 4. TRIP LEASING OF MOTOR VEHICLES AND DRIVERS FROM MOTOR PRIVATE 
              CARRIERS.

    Section 10524 of title 49, United States Code, is further amended 
by adding at the end the following new subsection:
    ``(f) Preemption With Respect to Leasing From Motor Private 
Carriers.--No State or political subdivision thereof, and no agency or 
organization of 2 or mores States, shall enact or enforce any law, 
rule, regulation, standard, or other provision having the force and 
effect of law relating to the leasing of motor vehicles (with or 
without drivers) from a motor private carrier that operates in 
interstate commerce to the extent that such law, rule, regulation, 
standard, or other provision is in addition to or more stringent than 
the requirements for such lease transactions as established by the 
Commission.''.

SEC. 5. MOTOR PRIVATE CARRIERS SEEKING OPERATING AUTHORITY.

    Section 10524 of title 49, United States Code, is further amended 
by adding at the end the following new subsection:
    ``(g) Preemption With Respect to Motor Private Carriers Seeking 
Operating Authority.--No State or political subdivision thereof, and no 
agency or organization of 2 or more States, shall enact or enforce any 
law, rule, regulation, standard, or other provision having the force 
and effect of law that subjects a motor private carrier that operates 
in interstate commerce and that seeks to obtain a motor common carrier 
certificate or a motor contract carrier permit to provide intrastate 
transportation of property to requirements or criteria that are not 
applied to a transportation business seeking the same type of authority 
to operate as a motor common or motor contract carrier.''.

SEC. 6. DEDICATED CONTRACT CARRIAGE.

    (a) In General.--Subchapter II of chapter 105 of title 49, United 
States Code, is amended by inserting after section 10525 the following 
new section:
``Sec. 10525a. Dedicated contract carriage
    ``(a) Dedicated Contract Carrier Defined.--For purposes of this 
section, `dedicated contract carrier' means a motor contract carrier 
that provides in interstate commerce a service for one or more 
shippers, except an individual shipping household goods containing the 
following elements:
            ``(1) Assigning motor vehicles for a continuing period of 
        time for the exclusive use of a contracting shipper.
            ``(2) Assigning personnel to perform driving, loading 
        unloading and related services for the exclusive use of a 
        contracting shipper.
            ``(3) Assigning management personnel, with offices at the 
        contracting shipper's facility, to provide operations and 
        safety management services for the exclusive use of the 
        contracting shipper.
    ``(b) Preemption.--No State or political subdivision thereof, and 
no agency or organization of 2 or more States, shall enact or enforce 
any law, rule, regulation, standard, or other provision having the 
force and effect of law relating to the interstate or intrastate rates, 
routes, or services of any dedicated contract carrier having authority 
under this subchapter.
    ``(c) Limitation.--Nothing in subsection (b) of this section shall 
prohibit a State or political subdivision thereof, or agency or 
organization of 2 or more States, from enacting or enforcing 
requirements on dedicated contract carriers related to the safety of 
operations and minimum amounts of financial responsibility.''.
    (b) Conforming Amendment.--The analysis for such chapter 105 is 
amended by inserting after the item relating to section 10525 the 
following new item:

``10525a. Dedicated contract carriage.''.

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