49 U.S.C.
United States Code, 1994 Edition
Title 49 - TRANSPORTATION
SUBTITLE IV - INTERSTATE COMMERCE
CHAPTER 109 - LICENSING
SUBCHAPTER II - OTHER CARRIERS AND MOTOR CARRIER BROKERS
Sec. 10922 - Certificates of motor and water common carriers
From the U.S. Government Publishing Office, www.gpo.gov

§10922. Certificates of motor and water common carriers

(a) Except as provided in this section and section 10930(a) of this title, the Interstate Commerce Commission shall issue a certificate to a person authorizing that person to provide transportation subject to the jurisdiction of the Commission under subchapter III of chapter 105 of this title as a water common carrier if the Commission finds that—

(1) the person is fit, willing, and able—

(A) to provide the transportation to be authorized by the certificate; and

(B) to comply with this subtitle and regulations of the Commission; and


(2) the transportation to be provided under the certificate is or will be required by the present or future public convenience and necessity.


(b)(1) Except as provided in this section, the Commission shall issue a certificate to a person authorizing that person to provide transportation subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title as a motor common carrier of property if the Commission finds that the person is able to comply with—

(A) this subtitle, the regulations of the Commission, and any safety requirements imposed by the Commission,

(B) the safety fitness requirements established by the Secretary of Transportation in consultation with the Commission under section 31144 of this title, and

(C) the minimum financial responsibility requirements established by the Commission pursuant to section 10927 of this title.


(2) In making a finding under paragraph (1), the Commission shall consider and, to the extent applicable, make findings on, any evidence demonstrating that the applicant is unable to comply with the requirements of subparagraph (A), (B), or (C) of that paragraph.

(3) The Commission shall find any applicant for authority to operate as a motor carrier under this section to be unfit if the applicant does not meet the safety and safety fitness requirements under paragraph (1)(A) or (1)(B) of this subsection and shall deny the application.

(4) A person may protest an application under this subsection to provide transportation only on the ground that the applicant fails or will fail to comply with this subtitle, the regulations of the Commission, the safety requirements of the Commission, or the safety fitness or minimum financial responsibility requirements of paragraph (1) of this subsection.

(c)(1) Except as provided in this section, the Interstate Commerce Commission shall issue a certificate to a person authorizing that person to provide transportation subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title as a motor common carrier of household goods if the Commission finds—

(A) that the person is fit, willing, and able to provide the transportation to be authorized by the certificate and to comply with this subtitle and regulations of the Commission; and

(B) on the basis of evidence presented by persons supporting the issuance of the certificate, that the service proposed will serve a useful public purpose, responsive to a public demand or need;


unless the Commission finds, on the basis of evidence presented by persons objecting to the issuance of a certificate, that the transportation to be authorized by the certificate is inconsistent with the public convenience and necessity.

(2) In making a finding under paragraph (1) of this subsection, the Commission shall consider and, to the extent applicable, make findings on at least the following:

(A) the transportation policy of section 10101(a) of this title; and

(B) the effect of issuance of the certificate on existing carriers, except that the Commission shall not find diversion of revenue or traffic from an existing carrier to be in and of itself inconsistent with the public convenience and necessity.


(3) The Commission may not make a finding relating to public convenience and necessity under paragraph (1) of this subsection which is based upon general findings developed in rulemaking proceedings.

(4) Notwithstanding any other provision of law, any motor carrier providing transportation of shipments weighing 100 pounds or less transported in a motor vehicle in which no one package exceeds 100 pounds operating one or more commercial motor vehicles with a gross vehicle weight rating of 10,000 pounds or more shall be subject to commercial motor vehicle safety regulations promulgated by the Secretary of Transportation pursuant to this title with respect to its entire operations, including the operations of commercial motor vehicles with gross vehicle weight ratings less than 10,000 pounds.

(5) No motor common carrier of household goods may protest an application to provide transportation filed under this subsection unless—

(A)(i) it possesses authority to handle, in whole or in part, the traffic for which authority is applied;

(ii) it is willing and able to provide service that meets the reasonable needs of the shippers involved; and

(iii) it has performed service within the scope of the application during the previous 12-month period or has, actively in good faith, solicited service within the scope of the application during such period;

(B) it has pending before the Commission an application filed prior in time to the application being considered for substantially the same traffic; or

(C) the Commission grants leave to intervene upon a showing of other interests that are not contrary to the transportation policy set forth in section 10101(a) of this title.


(6) No motor contract carrier of household goods may protest an application to provide transportation filed under this subsection.

(7) The provisions of paragraph (1) of this subsection (other than subparagraph (A)) shall not apply to applications under this subsection for authority to provide transportation for the United States Government of used household goods which transportation is incidental to a pack and crate service on behalf of the Department of Defense.

(d) Motor Common Carriers of Passengers.—

(1) Interstate transportation.—

(A) Regular-route transportation.—The Commission shall issue a certificate to a person (including any private recipient of governmental assistance) authorizing that person to provide regular-route transportation subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title as a motor common carrier of passengers if the Commission finds that the person is fit, willing, and able to provide the transportation to be authorized by the certificate and to comply with this subtitle and regulations of the Commission, unless the Commission finds, on the basis of evidence presented by any person objecting to the issuance of the certificate, that the transportation to be authorized by the certificate is not consistent with the public interest.

(B) Special and charter transportation.—

(i) Private recipients of assistance.—The Commission shall issue a certificate to a private recipient of governmental assistance authorizing that recipient to provide special or charter transportation subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title as a motor common carrier of passengers if the Commission finds that the recipient is fit, willing, and able to provide the transportation to be authorized by the certificate and to comply with this subtitle and regulations of the Commission, unless the Commission finds, on the basis of evidence presented by any person objecting to the issuance of the certificate, that the transportation to be authorized by the certificate is not consistent with the public interest.

(ii) Other persons.—The Commission shall issue a certificate to a person (other than a private recipient of governmental assistance) authorizing that person to provide special or charter transportation subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title as a motor common carrier of passengers if the Commission finds that the person is fit, willing, and able to provide the transportation to be authorized by the certificate and to comply with this subtitle and regulations of the Commission.


(C) Public recipients for charter transportation.—The Commission shall issue a certificate to a public recipient of governmental assistance authorizing that recipient to provide special or charter transportation subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title as a motor common carrier of passengers if the Commission finds that—

(i) the recipient is fit, willing, and able to provide the transportation to be authorized by the certificate and to comply with this subtitle and regulations of the Commission; and

(ii)(I) no motor common carrier of passengers (other than a motor common carrier of passengers which is a public recipient of governmental assistance) is providing, or is willing and able to provide, the transportation to be authorized by the certificate; or

(II) the transportation to be authorized by the certificate is to be provided entirely in the area in which the public recipient provides regularly scheduled mass transportation services.


(D) Public recipients for regular-route transportation.—The Commission shall issue a certificate to a public recipient of governmental assistance authorizing that recipient to provide regular-route transportation subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title as a motor common carrier of passengers if the Commission finds that the recipient is fit, willing, and able to provide the transportation to be authorized by the certificate and to comply with this subtitle and regulations of the Commission, unless the Commission finds, on the basis of evidence presented by any person objecting to the issuance of the certificate, that the transportation to be authorized by the certificate is not consistent with the public interest.

(E) Treatment of certain public recipients.—Subject to section 10531 of this title, any public recipient of governmental assistance which is providing or seeking to provide transportation of passengers subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title shall, for purposes of this subtitle, be treated as a person which is providing or seeking to provide transportation of passengers subject to such jurisdiction.

(F) Definitions.—In this subsection—

(i) Public recipient of governmental assistance.—The term “public recipient of governmental assistance” means—

(I) any State,

(II) any municipality or other political subdivision of a State,

(III) any public agency or instrumentality of one or more States and municipalities and political subdivisions of a State,

(IV) any Indian tribe,

(V) any corporation, board, or other person owned or controlled by any entity described in subclause (I), (II), (III), or (IV), and

(VI) any corporation, board, or other person owned by, controlled by, or under common control with, any entity described in subclause (I), (II), (III), (IV), or (V),


 which before, on, or after the date of the enactment of this paragraph received governmental financial assistance for the purchase or operation of any bus.

(ii) Private recipient of governmental assistance.—The term “private recipient of governmental assistance” means any person (other than a person described in clause (i)) who before, on, or after the date of the enactment of this paragraph received governmental financial assistance in the form of a subsidy for the purchase, lease, or operation of any bus.


(2)(A) The Commission shall issue a certificate to a person authorizing that person to provide regular-route transportation entirely in one State as a motor common carrier of passengers if such intrastate transportation is to be provided on a route over which the carrier has authority on the effective date of this subsection to provide interstate transportation of passengers if the Commission finds that the person is fit, willing, and able to provide the intrastate transportation to be authorized by the certificate and to comply with this subtitle and regulations of the Commission, unless the Commission finds, on the basis of evidence presented by any person objecting to the issuance of the certificate, that the transportation to be authorized would directly compete with a commuter bus operation and it would have a significant adverse effect on commuter bus service in the area in which the competing service will be performed.

(B) The Commission shall issue a certificate to a person authorizing that person to provide regular-route transportation entirely in one State as a motor common carrier of passengers if such intrastate transportation is to be provided on a route over which the carrier has been granted authority, or will be granted authority, after the effective date of this section to provide interstate transportation of passengers if the Commission finds that the person is fit, willing, and able to provide the intrastate transportation to be authorized by the certificate and to comply with this subtitle and regulations of the Commission, unless the Commission finds, on the basis of evidence presented by any person objecting to the issuance of the certificate, that the transportation to be authorized is not consistent with the public interest.

(C) No State or political subdivision thereof and no interstate agency or other political agency of two 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 provision of pickup and delivery of express packages, newspapers, or mail in a commercial zone if the shipment has had or will have a prior or subsequent movement by bus in intrastate commerce and if a city within the commercial zone, as defined in section 10526(b)(1) of this title, is served by a motor common carrier of passengers providing regular-route transportation of passengers subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title.

(D) Subject to subparagraph (F) of this paragraph, any intrastate transportation authorized by issuance of a certificate under this paragraph shall be deemed to be transportation subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title. Upon issuance of such certificate, the carrier shall establish initial rates, rules, and practices applicable to such transportation to the same extent and in the same manner as a motor common carrier of passengers providing transportation subject to the jurisdiction of the Commission under such subchapter establishes rates, rules, and practices applicable to such interstate transportation. Any such rate, rule, or practice (including changes thereto) shall be subject to the provisions of chapter 107 of this title as if such rate, rule, or practice were related to interstate transportation.

(E) Not later than 30 days after the date on which a motor common carrier of passengers first begins providing transportation entirely in one State pursuant to a certificate issued under this paragraph, the carrier shall take all action necessary to establish under the laws of such State rates, rules, and practices applicable to such transportation.

(F) Transportation entirely in one State authorized by issuance of a certificate under this paragraph shall remain subject to the jurisdiction of the Commission, and rates, rules, and practices applicable to such transportation established under subparagraph (D) of this paragraph shall remain in effect, until permanent rates, rules, and practices applicable to such transportation are established under the laws of such State.

(G) The Commission shall take final action upon an application filed under subparagraph (A) of this paragraph for authority to provide transportation entirely in one State not later than 90 days after the date the application is filed with the Commission.

(H) This paragraph shall not apply to any regular-route transportation of passengers provided entirely in one State which is in the nature of a special operation.

(I) Notwithstanding subparagraph (F) of this paragraph, intrastate transportation authorized under this paragraph may be suspended or revoked by the Commission under section 10925 of this title.

(J) Limitation on intrastate certificates.—Each certificate issued under this paragraph to provide intrastate transportation of passengers on any route shall be subject to a condition which limits the authority of the carrier to provide intrastate transportation service under the certificate only if the carrier provides regularly scheduled interstate transportation service on the route.

(3) In making any findings relating to public interest under paragraphs (1) and (2)(B) of this subsection, the Commission shall consider, to the extent applicable—

(A) the transportation policy of section 10101(a) of this title;

(B) the value of competition to the traveling and shipping public;

(C) the effect of issuance of the certificate on motor carrier of passenger service to small communities;

(D) whether issuance of the certificate would impair the ability of any other motor common carrier of passengers to provide a substantial portion of the regular-route passenger service which such carrier provides over its entire regular-route system; except that diversion of revenue or traffic from a motor common carrier of passengers in and of itself shall not be sufficient to support a finding that issuance of the certificate would impair the ability of the carrier to provide a substantial portion of the regular-route passenger service which the carrier provides over its entire regular-route system; and

(E) the amount and extent of governmental financial assistance which the applicant for the certificate received before, on, or after the date of the enactment of this subparagraph for the purchase or operation of buses.


In addition, in making any finding relating to public interest under paragraph (1)(D) of this subsection, the Commission shall consider whether or not the person objecting to issuance of the certificate is a motor common carrier of passengers which is providing, or is willing and able to provide, the transportation to be authorized by the certificate.

(4) The provisions of paragraph (1) of this subsection relating to the Commission finding that transportation to be authorized by issuance of a certificate is not consistent with the public interest shall not apply to any application under this subsection for authority to provide—

(A) interstate transportation service to any community not regularly served by a motor common carrier of passengers under this section;

(B) interstate transportation service which will be a substitute for discontinued rail or commercial-air passenger service to a community if such discontinuance results in such community not having any rail and commercial-air passenger service and if such application is filed within 180 days after such discontinuance becomes effective; and

(C) interstate transportation service to any community with respect to which the only motor common carrier of passengers providing interstate transportation service to such community applies for authority to discontinue providing such interstate service under section 10925(b) of this title or applies for permission to discontinue or reduce its level of intrastate service to such community under section 10935 of this title.


(5) The Commission may not make any finding under paragraphs (1) and (2) of this subsection which is based upon general findings developed in rulemaking proceedings.

(6) The requirement that persons issued certificates under this subsection be fit, willing, and able means safety fitness and proof of minimum financial responsibility under section 18 1 of the Bus Regulatory Reform Act of 1982.

(7) No motor common carrier of passengers may protest an application to provide transportation filed under this subsection or a request to remove an operating restriction under section 10922(i)(4) 1 of this title unless—

(A)(i) it possesses authority to handle, in whole or in part, the traffic for which authority is applied;

(ii) it is willing and able to provide service that meets the reasonable needs of the traveling public; and

(iii) it has performed service within the scope of the application during the previous 12-month period or has, actively in good faith, solicited service within the scope of the application during such period;

(B) it has pending before the Commission an application filed prior in time to the application being considered for substantially the same traffic; or

(C) the Commission grants leave to intervene upon a showing of other interests that are not contrary to the transportation policy set forth in section 10101(a) of this title.


(8) No motor contract carrier of passengers may protest an application to provide transportation filed under this subsection.

(9) For purposes of this section, authority under this subsection to provide special or charter transportation of passengers by motor vehicle includes authority to provide such transportation as round-trip service and as one-way service if such one-way service may be provided as part of a round-trip movement involving the same passengers and air, rail, or water transportation or any combination of air, rail, or water transportation.

(e) A person must file an application with the Commission for a certificate to provide transportation as a motor common carrier or water common carrier. The Commission may approve any part of the application or deny the application. The application must—

(1) be under oath;

(2) contain information required by Commission regulations; and

(3) be served on persons designated by the Commission.


(f)(1) Subject to section 10927(a) of this title, each certificate issued to a person to provide transportation as a motor common carrier of household goods or passengers shall specify—

(A) the transportation to be provided by the carrier;

(B) any of the regular routes over which, any of the places between which, and off-route places at which, the carrier may provide transportation; and

(C) if transportation is not over regular routes or between specified places, the area in which the carrier may provide transportation.


(2) Under regulations of the Commission, a motor common carrier may occasionally deviate from the regular routes, or the places specified in the certificate, or both.

(3) If a motor common carrier transports passengers, the Commission may authorize transportation of the passengers only over a regular route and between specified places, except to the extent the carrier is authorized to provide special or charter transportation.

(4) A certificate of a motor common carrier to transport passengers shall be deemed to include permissive authority to transport newspapers, baggage of passengers, express packages, or mail in the same motor vehicle with the passengers, or baggage of passengers in a separate motor vehicle.

(g) Each certificate issued to a person to provide transportation as a water common carrier shall specify each route over which, and each port between which, the carrier may provide transportation.

(h)(1) A motor common carrier of household goods or passengers may provide transportation under a certificate only if the carrier complies with conditions the Commission finds are required by public convenience and necessity, including conditions—

(A) on extending routes of the carrier; and

(B) to carry out requirements established by the Commission under this subtitle.


(2) The Commission may prescribe necessary conditions under which a water common carrier provides transportation, including conditions on extending routes of the carrier.

(3) The Commission may prescribe conditions when the certificate is issued and at any time thereafter. The Commission may not prescribe a condition preventing—

(A) a motor common carrier or water common carrier from adding to its equipment and facilities or its transportation within the scope of the certificate to satisfy business development and public demand; or

(B) a water common carrier, if the carrier has authority to provide transportation over completed parts of a waterway project authorized under law, from extending its transportation over the uncompleted parts of the project when opened for navigation to satisfy business development and public demand.


(i) A certificate issued under this section does not confer a proprietary or exclusive right to use the public highways or public waterways.

(j)(1) Not later than 180 days after the date of enactment of this subsection, the Commission shall—

(A) eliminate gateway restrictions and circuitous route limitations imposed upon motor common carriers of property; and

(B) implement, by regulation, procedures to process expeditiously applications of individual motor carriers of property seeking removal of operating restrictions in order to—

(i) reasonably broaden the categories of property authorized by the carrier's certificate or permit;

(ii) authorize transportation or service to intermediate points on the carrier's routes;

(iii) provide round-trip authority where only one-way authority exists;

(iv) eliminate unreasonable or excessively narrow territorial limitations; or

(v) eliminate any other unreasonable restriction that the Commission deems to be wasteful of fuel, inefficient, or contrary to the public interest.


(2) The regulations promulgated by the Commission pursuant to paragraph (1)(B) of this subsection shall provide for final Commission action upon an application not later than 120 days after the date the application is filed with the Commission, except that in extraordinary circumstances, the Commission may extend such deadline for a period of not to exceed 90 additional days. Such regulations shall also provide for notice and the opportunity for interested parties to comment, but need not provide for oral evidentiary hearings. In granting or denying applications under paragraph (1)(B) of this subsection, the Commission shall (A) consider, among other things, the impact of the proposed restriction removal upon the consumption of energy resources, potential cost savings and improved efficiency, and the transportation policy set forth in section 10101(a) of this title, and (B) give special consideration to providing and maintaining service to small and rural communities and small shippers.

(3) On the effective date of this paragraph, a certificate to provide interstate transportation of passengers issued under this section shall be deemed to authorize (but not require)—

(A) round-trip operations where only one-way authority exists; and

(B) special and charter transportation from all points in a political subdivision of a State in any case in which special and charter transportation authority is limited to one or more points of origin in such political subdivision.


(4) Upon request of any person issued a certificate to provide interstate transportation of passengers under this section, the Commission shall within 90 days remove any operating restriction imposed on the certificate in order to authorize interstate transportation to intermediate points on any route covered by the certificate unless the Commission finds, on the basis of evidence presented by a person objecting to the removal of such an operating restriction, that the resulting interstate transportation directly competes with a commuter bus operation and will have a significant adverse effect on commuter bus service in the area in which the competing service will be provided.

(k)(1) A person holding (A) a certificate issued under subsection (b) of this section to provide transportation as a motor common carrier of property, and (B) a permit issued under section 10923 of this title to provide transportation as a motor contract carrier of property, may transport property under the certificate in the same motor vehicle and at the same time as property under the permit.

(2)(A) Subject to the provisions of this paragraph, a motor common carrier of passengers who has authority under this section to provide special or charter transportation of passengers and to provide regular-route transportation of passengers may transport the special or charter passengers in the same motor vehicle with regular-route passengers.

(B) Subparagraph (A) of this paragraph shall only apply to transportation of passengers entirely in a State if the motor common carrier of passengers has authority under the laws of such State to provide within such State special or charter transportation of passengers and regular-route transportation of passengers and if the laws of such State and the certificate, permit, or other authority under which such carrier provides intrastate transportation in such State authorizes such carrier to transport special or charter passengers in the same motor vehicle with regular-route passengers.

(C) Special or charter transportation of passengers may only be provided under subparagraph (A) of this paragraph in the same motor vehicle as regular-route transportation of passengers if the mixing of such passengers does not interfere with the obligation of the carrier to comply with section 11101 of this title.

(3) Subject to such regulations as the Commission may issue, a person who has authority under this section to provide charter transportation of passengers may transport groups of charter passengers in the same motor vehicle at the same time.

(l) A motor common carrier of property may deliver to or receive from a rail carrier a trailer moving in trailer-on-flat-car service at any point on the route of the rail carrier if the motor carrier is authorized to serve the origin and destination points of the traffic.

(m)(1) Except as provided in paragraph (2) of this subsection, the Commission, notwithstanding any other provision of law (other than such paragraph (2)), shall not issue any certificate to any motor common carrier, any permit to any motor contract carrier, or any certificate of registration under section 10530 of this title to any foreign motor carrier or foreign motor private carrier, domiciled in any contiguous foreign country or owned or controlled by persons of any contiguous foreign country in the four-year period beginning on the effective date of this subsection. The President of the United States may extend, beyond such four-year period, such moratorium or impose such a moratorium with respect to any contiguous foreign country or political subdivision thereof which substantially prohibits grants of authority to persons from the United States to provide transportation by motor vehicle for compensation in such foreign country or political subdivision.

(2)(A) The President of the United States may remove or modify, in whole or in part, any moratorium imposed under paragraph (1) of this subsection on the issuance of certificates or permits if the President determines that such removal or modification is in the national interest and notifies, in writing, the Congress of such removal or modification before the date on which such removal or modification is to take effect. In any case in which such moratorium applies to a contiguous foreign country or political subdivision thereof which substantially prohibits grants of authority to persons from the United States to provide transportation by motor vehicle for compensation in such foreign country or political subdivision, such removal or modification shall not take effect before the 60th day following the date on which the Congress is notified of such removal or modification.

(B)(i) Subject to the provisions of this subparagraph, during a moratorium imposed under paragraph (1) of this subsection with respect to any contiguous foreign country or political subdivision thereof, the Commission may issue certificates of registration under section 10530 of this subtitle to foreign motor carriers and foreign motor private carriers domiciled in such country or political subdivision and to foreign motor carriers and foreign motor private carriers owned or controlled by persons of such country or political subdivision.

(ii) Subject to clause (iv) of this subparagraph, if the person to be issued the certificate of registration during the moratorium is a foreign motor carrier domiciled in the foreign country or political subdivision or is a foreign motor carrier owned or controlled by persons of the foreign country or political subdivision, such certificate may only authorize such carrier to provide transportation of property (including exempt items) by motor vehicle in a municipality in the United States which is adjacent to the foreign country or political subdivision, in contiguous municipalities in the United States any one of which is adjacent to the foreign country or political subdivision, or in a zone in the United States that is adjacent to, and commercially a part of, the municipality or municipalities.

(iii) Subject to clause (v) of this subsection, if the person to be issued the certificate of registration during the moratorium is a foreign motor private carrier domiciled in the foreign country or political subdivision or is a foreign motor private carrier owned or controlled by persons of the foreign country or political subdivision, such certificate may only authorize such carrier to provide transportation of property (including exempt items) by motor vehicle in a municipality in the United States which is adjacent to the foreign country or political subdivision, in contiguous municipalities in the United States any one of which is adjacent to the foreign country or political subdivision, or in a zone in the United States that is adjacent to, and commercially a part of, the municipality or municipalities.

(iv) If the person to be issued the certificate of registration during the moratorium is a foreign motor carrier domiciled in the foreign country or political subdivision and owned or controlled by persons of the United States, such certificate may only authorize such carrier to provide interstate transportation of property (including exempt items) by motor vehicle.

(v) If the person to be issued the certificate of registration during the moratorium is a foreign motor private carrier domiciled in the foreign country or political subdivision and owned or controlled by persons of the United States, such certificate may only authorize such carrier to provide interstate transportation of property (including exempt items) by motor vehicle.

(vi) In this subparagraph, the terms “exempt items”, “foreign motor carrier”, “foreign motor private carrier”, and “interstate transportation” have the meanings such terms have under section 10530(a) of this title.

(Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1409; Pub. L. 96–296, §§5(a), 6, 34(a), July 1, 1980, 94 Stat. 794, 796, 825; Pub. L. 96–454, §10(a), Oct. 15, 1980, 94 Stat. 2021; Pub. L. 97–261, §§6(a)–(c), (g), 7, 8, Sept. 20, 1982, 96 Stat. 1103, 1107, 1108; Pub. L. 98–554, title II, §§225(a), (b), 226(b), Oct. 30, 1984, 98 Stat. 2847, 2848, 2850; Pub. L. 100–17, title III, §§339, 340(a), Apr. 2, 1987, 101 Stat. 243, 245; Pub. L. 100–690, title IX, §9111(g), Nov. 18, 1988, 102 Stat. 4533; Pub. L. 102–240, title III, §3003(b), Dec. 18, 1991, 105 Stat. 2088; Pub. L. 103–272, §5(m)(25), July 5, 1994, 108 Stat. 1378; Pub. L. 103–311, title II, §207, Aug. 26, 1994, 108 Stat. 1686; Pub. L. 103–429, §7(a)(4)(D), Oct. 31, 1994, 108 Stat. 4389.)

Historical and Revision Notes
Revised SectionSource (U.S. Code)Source (Statutes at Large)
10922(a) 49:307(a) (words before proviso). Feb. 4, 1887, ch. 104, 24 Stat. 379, §207; added Aug. 9, 1935, ch. 498, §1, 49 Stat. 551.
  49:909(c). Feb. 4, 1887, ch. 104, 24 Stat. 379, §309(b)–(e); added Sept. 18, 1940, ch. 722, §201, 54 Stat. 942.
10922(b) 49:306(b). Feb. 4, 1887, ch. 104, 24 Stat. 379, §206(b); added Aug. 9, 1935, ch. 498, §1, 49 Stat. 551.
  49:909(b).
10922(c)(1) 49:308(a) (words before semicolon). Feb. 4, 1887, ch. 104, 24 Stat. 379, §208(a), (b), (d); added Aug. 9, 1935, ch. 498, §1, 49 Stat. 552.
10922(c)(2) 49:308(b).
10922(c)(3) 49:307(a) (proviso).
10922(c)(4) 49:308(d).
10922(d) 49:909(d) (words through 3d comma).
10922(e)(1) 49:308(a) (words between 2d comma after semicolon and proviso).
10922(e)(2) 49:909(d) (words between 5th comma and proviso).
10922(e)(3) 49:308(a) (words between semicolon and words after 2d comma after semicolon), (proviso).
  49:909(d) (words between 3d and 5th commas), (proviso).
10922(f) 49:307(b).
  49:909(e).

The word “transportation” is substituted each place for “service” and “operations” for consistency and as being more precise because the jurisdictional grant to the Interstate Commerce Commission under subchapters II and III of chapter 105 of the revised title is jurisdiction over transportation.

In the introductory matter of subsection (a), before clause (1), the words “authorizing that person to provide transportation” are inserted for clarity. The words “qualified applicant therefor” are omitted as unnecessary in view of the provisions of the section specifying the necessary qualifications of motor and water common carriers.

In subsection (a)(1), the word “properly” is omitted as surplus. The words “to be authorized by the certificate” are substituted for “to perform the service proposed” for clarity in view of the authority of the Commission to approve only part of an application. The words “requirements, rules” are omitted as being included in “regulations” and for consistency with the other provisions of the revised title.

In subsection (b), the words “shall be in such form and” and “by regulations” are omitted as unnecessary in view of section 10321(a) of the revised title giving the Commission general authority to carry out the subtitle. The last sentence of 49:306(b) is omitted as executed.

In subsection (c)(1), (2), and (3), the word “places” is substituted for “fixed termini” for consistency.

In the introductory language of subsection (c)(1), before clause (A), the words “Subject to section 10927(a) of this title” are inserted for clarity.

In subsection (c)(2), the words “such general or special rules and” are omitted for consistency and as being unnecessary.

In subsection (c)(4)(A) and (B), the word “motor” is inserted before “vehicle” each place for clarity and consistency.

In subsection (e)(1), (2), and (3), the words “reasonable terms” and “limitations” are omitted as unnecessary.

In subsection (e)(1)(B), the words “under this subtitle” are substituted for “under section 304(a)(1) and (6)” in view of the general authority granted to the Commission under that section and as a result of the codification of the subtitle.

In subsection (e)(2), the words “public convenience and necessity” are omitted in view of other language in 49:909(d) giving the Commission the authority to impose conditions for any necessary purpose.

In subsection (e)(3)(A), the words “or its transportation within the scope” are substituted for “over the routes, between the termini, or within the territory specified” in 49:308(a) (proviso) to eliminate redundancy and for consistency with the words of 49:909(d) (proviso).

In subsection (e)(3)(B), the words “authorized under law” are substituted for “by Congress” in 49:909(d) as being more precise.

In subsection (f), the word “exclusive” is substituted for “property” in 49:307(b) as being more precise and for consistency with 49:909(e).

References in Text

The date of the enactment of this paragraph, referred to in subsec. (d)(1)(F), is the date of enactment of Pub. L. 100–17, which was approved Apr. 2, 1987.

The effective date of this subsection and the effective date of this paragraph, referred to in subsecs. (d)(2)(A) and (j)(3), respectively, is the 60th day after Sept. 20, 1982, see section 31(a) of Pub. L. 97–261, set out as an Effective Date of 1982 Amendment note under section 10101 of this title.

The effective date of this section, referred to in subsec. (d)(2)(B), probably means the effective date of subsec. (d) of this section, as added by Pub. L. 97–261, see above.

The date of the enactment of this subparagraph, referred to in subsec. (d)(3)(E), is the date of enactment of Pub. L. 100–17, which was approved Apr. 2, 1987.

Section 18 of the Bus Regulatory Reform Act of 1982, referred to in subsec. (d)(6), is section 18 of Pub. L. 97–261, of which subsecs. (a) to (g) were formerly set out as a note under section 10927 of this title and subsec. (h) amended section 10927 of this title. Section 18(a)–(g) was repealed and reenacted as section 31138 of this title by Pub. L. 103–272, §§1(e), 7(b), July 5, 1994, 108 Stat. 1005, 1379, the first section of which enacted subtitles II, III, and V to X of this title.

Section 10922(i)(4) of this title, referred to in subsec. (d)(7), was redesignated section 10922(j)(4) of this title by Pub. L. 103–311, title II, §207(a)(1), Aug. 26, 1994, 108 Stat. 1686.

The date of enactment of this subsection, referred to in subsec. (j)(1), is the date of enactment of Pub. L. 96–296, which was approved July 1, 1980.

The effective date of this subsection, referred to in subsec. (m)(1), is Sept. 20, 1982, see section 31(c) of Pub. L. 97–261, set out as an Effective Date of 1982 Amendment note under section 10101 of this title.

Amendments

1994—Subsec. (b). Pub. L. 103–311, §207(a)(1), added subsec. (b). Former subsec. (b) redesignated (c).

Subsec. (c). Pub. L. 103–311, §207(b)(3)–(6), substituted “motor carrier providing transportation of shipments weighing 100 pounds or less transported in a motor vehicle in which no one package exceeds 100 pounds” for “carrier holding authority under paragraph (4)(D) of this subsection” in par. (4), “of household goods” for “of property” in introductory provisions of par. (5) and in par. (6), and “The provisions” for “Notwithstanding the provisions of paragraph (4) of this subsection, the provisions” in par. (7).

Pub. L. 103–311, §207(b)(2), redesignated pars. (5), (7), (8), and (9) as (4), (5), (6), and (7), respectively, and struck out former pars. (4) and (6). Former par. (4) provided that par. (1) not apply to applications for authority to provide certain transportation services and former par. (6) read as follows: “The Commission shall streamline and simplify, to the maximum extent practicable, the process for issuance of certificates to which the provisions of paragraph (4)(E) of this subsection apply.”

Pub. L. 103–311, §207(b)(1), substituted “carrier of household goods” for “carrier of property” in introductory provisions of par. (1).

Pub. L. 103–311, §207(a)(1), redesignated subsec. (b) as (c). Former subsec. (c) redesignated (d).

Subsec. (c)(1)(E). Pub. L. 103–272, §5(m)(25)(A), as amended by Pub. L. 103–429, substituted “section 10531 of this title” for “provisions of section 12(f) of the Federal Transit Act”.

Subsec. (c)(2)(D). Pub. L. 103–272, §5(m)(25)(B), substituted “title” for “subtitle” in two places.

Subsec. (c)(4)(C). Pub. L. 103–272, §5(m)(25)(C), substituted “title” for “subchapter” in two places.

Subsecs. (d), (e). Pub. L. 103–311, §207(a)(1), redesignated subsecs. (c) and (d) as (d) and (e), respectively. Former subsec. (e) redesignated (f).

Subsec. (f). Pub. L. 103–311, §207(a)(1), redesignated subsec. (e) as (f). Former subsec. (f) redesignated (g).

Subsec. (f)(1). Pub. L. 103–311, §207(c), inserted “of household goods or passengers” after “motor common carrier” in introductory provisions.

Subsec. (g). Pub. L. 103–311, §207(a)(1), redesignated subsec. (f) as (g). Former subsec. (g) redesignated (h).

Subsec. (h). Pub. L. 103–311, §207(a)(1), redesignated subsec. (g) as (h). Former subsec. (h) redesignated (i).

Subsec. (h)(1). Pub. L. 103–311, §207(d), inserted “of household goods or passengers” after “motor common carrier” in introductory provisions.

Subsec. (i). Pub. L. 103–311, §207(a)(1), redesignated subsec. (h) as (i). Former subsec. (i) redesignated (j).

Subsec. (j). Pub. L. 103–311, §207(a)(1), redesignated subsec. (i) as (j). Former subsec. (j) redesignated (k).

Subsec. (j)(1). Pub. L. 103–272, §5(m)(25)(C), substituted “title” for “subchapter”.

Subsec. (j)(2)(C). Pub. L. 103–272, §5(m)(25)(D), substituted “title” for “subtitle”.

Subsecs. (k) to (m). Pub. L. 103–311, §207(a)(1), redesignated subsecs. (j) to (l) as (k) to (m), respectively.

1991—Subsec. (c)(1)(E). Pub. L. 102–240 substituted “Federal Transit Act” for “Urban Mass Transportation Act of 1964”.

1988—Subsec. (l)(1). Pub. L. 100–690, §9111(g)(1), substituted “foreign motor carrier or foreign motor private carrier” for “motor carrier of property or motor private carrier”.

Subsec. (l)(2)(B)(i). Pub. L. 100–690, §9111(g)(2), substituted “foreign motor carriers and foreign motor private carriers” for “motor carriers of property and motor private carriers” in two places.

Subsec. (l)(2)(B)(ii). Pub. L. 100–690, §9111(g)(3), substituted “foreign motor carrier” for “motor carrier of property” in two places and “property (including exempt items) by motor vehicle” for “exempt items”.

Subsec. (l)(2)(B)(iii). Pub. L. 100–690, §9111(g)(4), inserted “foreign” before “motor private” in two places and inserted “by motor vehicle” after “items)”.

Subsec. (l)(2)(B)(iv). Pub. L. 100–690, §9111(g)(5), substituted “foreign motor carrier” for “motor carrier of property” and “property (including exempt items) by motor vehicle” for “exempt items”.

Subsec. (l)(2)(B)(v). Pub. L. 100–690, §9111(g)(6), inserted “foreign” before “motor private” and “by motor vehicle” after “items)”.

Subsec. (l)(2)(B)(vi). Pub. L. 100–690, §9111(g)(7), inserted “, ‘foreign motor carrier’, ‘foreign motor private carrier’,” before “and”.

1987—Subsec. (c). Pub. L. 100–17, §339(a), inserted heading.

Subsec. (c)(1). Pub. L. 100–17, §339(a), inserted heading and amended text generally, revising and restating as subpars. (A) to (F) provisions formerly contained in subpars. (A) and (B).

Subsec. (c)(2)(J). Pub. L. 100–17, §340(a), added subpar. (J).

Subsec. (c)(3). Pub. L. 100–17, §339(b), (c), substituted “paragraphs (1) and (2)(B)” for “paragraphs (1)(A) and (2)(B)” and added subpar. (E) and closing provisions.

1984—Subsec. (l)(1). Pub. L. 98–554, §225(a), (b), substituted “four-year” for “two-year” wherever appearing and inserted “or impose such a moratorium” after “such moratorium” in second sentence.

Pub. L. 98–554, §226(b)(1), substituted “any permit” for “or any permit” before “to any motor contract carrier,” and inserted “or any certificate of registration under section 10530 of this title to any motor carrier of property or motor private carrier,” after “contract carrier,”.

Subsec. (l)(2). Pub. L. 98–554, §226(b)(2), designated existing provisions as subpar. (A) and added subpar. (B).

1982—Subsec. (a). Pub. L. 97–261, §6(a), struck out “II or” after “subchapter”, and substituted “water common carrier” for “motor common carrier of passengers or water common carrier, respectively,”.

Subsecs. (c), (d). Pub. L. 97–261, §6(b), added subsec. (c) and redesignated former subsecs. (c) and (d) as (d) and (e), respectively.

Subsec. (e). Pub. L. 97–261, §6(b), (c), redesignated former subsec. (d) as (e), and, in par. (4) of subsec. (e) as so redesignated, substituted “shall be deemed to include permissive authority” for “may include authority”, removed the special designations of former subpars. (A) and (B), inserted “packages” after “express”, and substituted “, or” for “; and” after “vehicle with the passengers”. Former subsec. (e) redesignated (f).

Subsecs. (f) to (h). Pub. L. 97–261, §6(b), redesignated subsecs. (e) through (g) as (f) through (h), respectively.

Subsec. (i). Pub. L. 97–261, §§6(b), 7, redesignated former subsec. (h) as (i) and added pars. (3) and (4). Former subsec. (i) redesignated (j).

Subsec. (j). Pub. L. 97–261, §§6(b), 8, redesignated former subsec. (i) as (j), redesignated existing provisions as par. (1) and cls. (1) and (2) therein as cls. (A) and (B), respectively, and added pars. (2) and (3). Former subsec. (j) redesignated (k).

Subsec. (k). Pub. L. 97–261, §6(b), redesignated former subsec. (j) as (k).

Subsec. (l). Pub. L. 97–261, §6(g), added subsec. (l).

1980—Subsec. (a). Pub. L. 96–296, §5(a)(1), inserted “of passengers” after “motor common carrier”.

Subsec. (b). Pub. L. 96–454 added par. (9).

Pub. L. 96–296, §5(2), (3), added subsec. (b). Former subsec. (b) redesignated (c).

Subsecs. (c) to (g). Pub. L. 96–296, §5(2), redesignated former subsecs. (b) to (f) as (c) to (g), respectively.

Subsecs. (h), (i). Pub. L. 96–296, §6, added subsecs. (h) and (i).

Subsec. (j). Pub. L. 96–296, §34(a), added subsec. (j).

Effective Date of 1994 Amendments

Section 7(a) of Pub. L. 103–429 provided in part that the amendment made by that section is effective July 5, 1994.

Amendment by Pub. L. 103–311 effective Jan. 1, 1995, see section 212 of Pub. L. 103–311, set out as a note under section 10101 of this title.

Effective Date of 1988 Amendment

Amendment by Pub. L. 100–690 effective Jan. 1, 1990, see section 9111(k) of Pub. L. 100–690, set out as a note under section 10530 of this title.

Effective Date of 1987 Amendment

Section 340(b) of Pub. L. 100–17 provided that: “The amendment made by subsection (a) [amending this section] shall apply to any certificate issued under section 10922(c)(2) [now 10922(d)(2)] of title 49, United States Code, before, on, or after the date of the enactment of this Act [Apr. 2, 1987].”

Effective Date of 1984 Amendment

Amendment by Pub. L. 98–554 effective May 1, 1985, except as otherwise provided, see section 226(d) of Pub. L. 98–554, set out as an Effective Date note under section 10530 of this title.

Section 225(c) of Pub. L. 98–554 provided that: “The amendments made by this section [amending this section] shall take effect on September 19, 1984.”

Effective Date of 1982 Amendment

Amendment by sections 6(a)–(c), 7, and 8 of Pub. L. 97–261 effective on 60th day after Sept. 20, 1982, see section 31(a), (c) of Pub. L. 97–261, and amendment by section 6(g) of Pub. L. 97–261 effective Sept. 20, 1982, set out as a note under section 10101 of this title.

Limited Modification to Moratorium on Issuance of Certificates or Permits With Respect to Mexico

Memorandum of President of the United States, May 6, 1993, 58 F.R. 27647, provided:

Memorandum for the Secretary of Transportation

Section 6 of the Bus Regulatory Reform Act of 1982 [see 49 U.S.C. 10922(m)(1), (2)] imposed a moratorium on the issuance of certificates or permits to motor carriers domiciled in, or owned or controlled by persons of, a contiguous foreign country. The Act authorized the President to remove the moratorium in whole or in part for any country or political subdivision thereof upon determining that such action is in the national interest. Sixty days’ advance notice to the Congress is required whenever the removal or modification applies to a contiguous foreign country or political subdivision thereof that substantially prohibits the granting of motor carrier authority to persons from the United States.

I am pleased that an agreement between the United States and Mexico has been concluded to ensure fair and reciprocal treatment for charter and tour bus interests on both sides of the border. The agreement reached, however, does not allow for full access to cross-border and domestic markets. Therefore, the moratorium must reflect the conditions under which operating authority may be issued to Mexican charter and tour companies under the agreement.

Pursuant to section 6 of the Bus Regulatory Reform Act of 1982, 49 U.S.C. section 10922(l)(2)(A) [now 10922(m)(2)(A)], I hereby make a limited modification to the moratorium imposed by that section and all actions taken by my predecessors under that section on the issuance of certificates or permits to motor carriers domiciled in, or owned or controlled by persons of, a contiguous foreign country.

The moratorium is modified only to authorize the Interstate Commerce Commission to grant Mexican motor carriers authority to transport passengers in charter or special operations, in foreign commerce, in round trip or one-way service between Mexico and the United States pursuant to the following restrictions:

1. The Mexican motor carrier can conduct cross-border charter or special service in the United States only when the international tour or charter begins in Mexico;

2. Tickets or tour packages for such operations cannot be sold in the United States; and

3. The terms of the grants of authority given to Mexican motor carriers will be limited by the life of the agreement with Mexico covering reciprocal cross-border charter and special operations.

This action applies only to international charter and tour operations, does not allow for point-to-point service within the United States, and does not authorize companies to conduct cross-border regular route service. This action preserves the status quo with respect to Mexican trucking companies and Mexican companies engaged in regular route service, and will maintain the moratorium on those operations through September 25, 1994, unless earlier revoked or modified.

Accordingly, you are directed to notify the Congress today on my behalf that, effective 60 days hence, the moratorium will no longer be in effect for Mexican charter and tour bus companies subject to the above stated conditions. Because of this action, the Interstate Commerce Commission will then accept and process expeditiously all applications for operating authority from Mexican owned, controlled, or domiciled charter and tour bus firms. I should note that applications in Mexico by United States charter and tour bus firms will be similarly treated.

You are hereby authorized and directed to publish this determination in the Federal Register.

William J. Clinton.      


Memorandum of President of the United States, Jan. 1, 1994, 59 F.R. 653, provided:

Memorandum for the Secretary of Transportation

Section 6 of the Bus Regulatory Reform Act of 1982 [see 49 U.S.C. 10922(m)(1), (2)] imposed a moratorium on the issuance of certificates or permits to motor carriers domiciled in, or owned or controlled by, persons of a contiguous foreign country. The Act authorized the President to remove the moratorium in whole or in part for any country or political subdivision thereof upon determining that such action is in the national interest. Sixty days’ advance notice to the Congress is required whenever the removal or modification applies to a foreign contiguous country or political subdivision thereof that substantially prohibits the granting of motor carrier authority to persons from the United States.

As set forth in the Statement of Administrative Action regarding the North American Free Trade Agreement (NAFTA) that I submitted to the Congress on November 3, 1993, the moratorium with respect to Mexico will be lifted in phases to coincide with the schedule of liberalization in the relevant provisions of the NAFTA. The NAFTA specifically states that the moratorium will not apply to the provision of cross-border charter or tour bus services as of the date of entry into force of the Agreement.

This is to give public notice that, pursuant to section 6 of the Bus Regulatory Reform Act of 1982, 49 U.S.C. section 10922(l)(2)(A) [now 10922(m)(2)(A)], on November 3, 1993, I gave the Congress notice of my intention to make a limited modification to the moratorium imposed by that section and all actions taken by my predecessors under that section on the issuance of certificates or permits to motor carriers domiciled in, or owned or controlled by, persons of Mexico. This modification will take effect on January 1, 1994, the 60th day after my notice to the Congress.

The moratorium is modified only to authorize the Interstate Commerce Commission to grant Mexican motor carriers authority to transport passengers in charter or tour bus operations, in foreign commerce, in round-trip or one-way service between Mexico and the United States.

This action applies only to international charter or tour bus operations, does not allow for point-to-point bus service within the United States, and does not authorize companies to conduct cross-border regular route bus service.

Effective January 1, 1994, the Interstate Commerce Commission will begin to accept and process expeditiously all applications for operating authority from Mexican owned, controlled, or domiciled charter and tour bus firms.

This determination shall be published in the Federal Register.

William J. Clinton.      

Extension of Moratorium

Memorandum of the President of the United States, Sept. 25, 1992, 57 F.R. 44647, provided:

Memorandum for the Secretary of Transportation, the United States Trade Representative

Pursuant to section 6 of the Bus Regulatory Reform Act of 1982, 49 U.S.C. 10922(l)(1) and (2) [now 10922(m)(1) and (2)], I hereby extend for an additional 2 years both the moratorium imposed by that section and all actions taken by me or my predecessor under that section on the issuance of certificates or permits to motor carriers domiciled in, or owned or controlled by persons of, a contiguous foreign country. This action preserves the status quo and will maintain the moratorium through September 19, 1994, unless earlier revoked or modified.

This memorandum shall be published in the Federal Register.

George Bush.      


Memorandum of the President of the United States, Sept. 17, 1990, 55 F.R. 38657, extended moratorium through Sept. 19, 1992.

Memorandum of the President of the United States, Sept. 15, 1988, 53 F.R. 36430, extended moratorium through Sept. 19, 1990.

Memorandum of the President of the United States, Sept. 23, 1986, 51 F.R. 34079, extended moratorium through Sept. 19, 1988.

Memorandum of the President of the United States, Aug. 30, 1984, 49 F.R. 35001, extended moratorium through Sept. 19, 1986.

Removal of Moratorium on Issuance of Certificates or Permits With Respect to Canada

Pursuant to Memorandum of the President, dated Nov. 29, 1982, 47 F.R. 54053, the moratorium on the issuance of certificates or permits to motor carriers domiciled in, or owned or controlled by persons of, a contiguous foreign country or political subdivision thereof which substantially prohibits grants of authority to persons from the United States to provide transportation by motor vehicle for compensation in such foreign country or political subdivision thereof was removed completely with respect to Canada.

Section Referred to in Other Sections

This section is referred to in sections 10321, 10322, 10328, 10521, 10528, 10530, 10762, 10925, 10926, 10927, 10931, 10935, 11145, 11304, 11506, 11708 of this title.

1 See References in Text note below.