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Sec. 203

54 Stat. 921.

-for livestock and agricul

ties.

distribution.

52 Stat. 1029. -incidental to air transport.

54 Stat. 919.

Exceptions when consistent with Congressional policy.

-hours of service and safety standards.

-intra-or

transportation.

property consisting of ordinary livestock, fish (including shell fish), or agricultural commodities (not including tural commodi- manufactured products thereof), if such motor vehicles are not used in carrying any other property, or passenin newspaper gers, for compensation; or (7) motor vehicles used exclusively in the distribution of newspapers; or (7a) the transportation of persons or property by motor vehicle when incidental to transportation by aircraft nor, unless and to the extent that the Commission shall from time to time find that such application is necessary to carry out the national transportation policy declared in this Act, shall the provisions of this part, except the provisions of section 204 relative to qualifications and maximum hours of service of employees and safety of operation or standards of equipment apply to: (8) The transportation of passengers or property in interstate or foreign commerce wholly within a municipality or inter-municipal between contiguous municipalities or within a zone adjacent to and commercially a part of any such municipality or municipalities, except when such transportation is under a common control, management, or arrangement for a continuous carriage or shipment to or from a point without such municipality, municipalities, or zone, and provided that the motor carrier engaged in such transportation of passengers over regular or irregular route or routes in interstate commerce is also lawfully engaged in the intrastate transportation of passengers over the entire length of such interstate route or routes in accordance with the laws of each State having jurisdiction; or (9) the casual, occasional, or reciprocal transportation of passengers or property by motor vehicle in interstate or foreign commerce for compensation by any person not engaged in transportation by motor vehicle as a regular occupation or business, unless, in the case of transportation of passengers, such transportation is sold or offered for sale, or provided or procured or furnished or arranged for, by a broker, or by any other person who sells or offers for sale transportation furnished by a person lawfully engaged in the transportation of passengers by motor vehicle under a certificate or permit issued under this part or under a pending application for such a certificate or permit.

-casual, occasional, or reciprocal transportation.

54 Stat. 921.

NOTE. Comparable provisions, part III, § 303 (b)-(d), (g); part IV, § 402 (b), (c).

See also part IV, § 418, utilization by freight forwarder of vehicles exempt under clause (7a) of this paragraph. Assistance to cooperative associations of farmers, § 201, 7 U. S. C., § 1291, § 203, 7 U. S. C., § 1622 (j), infra.

GENERAL DUTIES AND POWERS OF THE COMMISSION

SEC. 204. [August 9, 1935, amended June 29, 1938, September 18, 1940, March 27, 1942.] [49 U. S. C., § 304.] (a) It shall be the duty of the Commission

Secs. 203-204

49 Stat. 546.

52 Stat. 1237.

54 Stat. 921.

56 Stat. 176.

Commission to reasonable

establish

requirements.

-common car

(1) To regulate common carriers by motor vehicle as provided in this part, and to that end the Commission may establish reasonable requirements with respect to continuous and adequate service, transportation of bag- riers by motor gage and express, uniform systems of accounts, records, and reports, preservation of records, qualifications and maximum hours of service of employees, and safety of operation and equipment.

NOTE.-Applicability of provisions of foregoing and following paragraphs to noncarriers involved in acquisition of control authorized under § 5 (2), see § 5 (3).

Comparable provisions, as to uniform system of accounts, under part I, § 20 (3)–(5); part III, § 313 (c); part IV, § 412 (a). Hours of service provisions, rail carriers, see Hours of Service Act, 88 1-4, 45 U. S. C., §§ 61-64, and Adamson Eight-Hour Act, 45 U. S. C., §§ 65, 66, infra.

vehicle.

-contract car

vehicle.

(2) To regulate contract carriers by motor vehicle as provided in this part, and to that end the Commission riers by motor may establish reasonable requirements with respect to uniform systems of accounts, records, and reports, preservation of records, qualifications and maximum hours of service of employees, and safety of operation and equipment.

NOTE.-See note to par. (a) (1), supra.

riers by property by motor vehicle.

(3) To establish for private carriers of property by private carmotor vehicle, if need therefor is found, reasonable requirements to promote safety of operation, and to that end prescribe qualifications and maximum hours of service of employees, and standards of equipment. In the event such requirements are established, the term "motor carrier" shall be construed to include private carriers of property by motor vehicle in the administration of sions of law sections 204 (c); 205; 220; 221; 222 (a), (b), (d), (f), and (g); and 224.

(4) To regulate brokers as provided in this part, and to that end the Commission may establish reasonable re

-other provi

applicable.

54 Stat. 922.

-brokers.

Sec. 204

54 Stat. 921.

Exemption by Commission, motor operations wholly in one State.

-uniform regulation not substantially affected.

Certificate of exemption.

Terms and conditions.

Revocation, wholly or in part.

-standards

for revocation.

Restoration of operating authority.

Hearing.

quirements with respect to licensing, financial responsibility, accounts, records, reports, operations, and practices of any such person or persons.

(4a) To determine, upon its own motion, or upon application by a motor carrier, a State board, or any other party in interest, whether the transportation in interstate or foreign commerce performed by any motor carrier or class of motor carriers lawfully engaged in operation solely within a single State is in fact of such nature, character, or quantity as not substantially to affect or impair uniform regulation by the Commission of transportation by motor carriers engaged in interstate or foreign commerce in effectuating the national transportation policy declared in this Act. Upon so finding, the Commission shall issue a certificate of exemption to such motor carrier or class of motor carriers which, during the period such certificate shall remain effective and unrevoked, shall exempt such carrier or class of motor carriers from compliance with the provisions of this part, and shall attach to such certificate such reasonable terms and conditions as the public interest may require. At any time after the issuance of any such certificate of exemption, the Commission may by order revoke all or any part thereof, if it shall find that the transportation in interstate or foreign commerce performed by the carrier or class of carriers designated in such certificate shall be, or shall have become, or is reasonably likely to become, of such nature, character, or quantity as in fact substantially to affect or impair uniform regulation by the Commission of interstate or foreign transportation by motor carriers in effectuating the national transportation policy declared in this Act. Upon revocation of any such certificate, the Commission shall restore to the carrier or carriers affected thereby, without further proceedings, the authority, if any, to operate in interstate or foreign commerce held by such carrier or carriers at the time the certificate of exemption pertaining to such carrier or carriers became effective. No certificate of exemption shall be denied, and no order of revocation shall be issued, under this subparagraph, except after reasonable opportunity for hearing to interested parties. Where an application is made in good faith for the exemption of a motor carrier

Sec. 204

State board.

Automatic ex

emption unless

prior denial.

under this subparagraph, accompanied by a certificate Certificate by of a State board of the State in which the operations of such carrier are carried on stating that in the opinion of such board such carrier is entitled to a certificate of exemption under this subparagraph, such carrier shall be exempt from the provisions of this part beginning with the sixtieth day following the making of such application to the Commission unless prior to such time the Commission shall have by order denied such application, and such exemption shall be effective until such time as the Commission, after such sixtieth day, may by order deny such application or may by order revoke all or any part thereof as hereinbefore authorized. In any case where a motor carrier has become exempt from the provisions of this part as provided in this subparagraph, it shall not be considered to be a burden on interstate or foreign commerce for a State to regulate such carrier with respect to the operations covered by such exemption. Applications under this subparagraph shall be made in writing to the Commission, verified under oath, and shall be in such form and contain such information as the Commission shall by regulations require.

NOTE.-Compare § 303 (e), (h), orders for exemption, revocation, etc.

Utilization by freight forwarders of carriers exempt under this paragraph, part IV, § 418.

State regulaempted carrier. Form of

tion of ex

application.

Safety provi

tion in research.

-tests, etc.

(5) For the purpose of carrying out the provisions pertaining to safety, the Commission may avail itself stons, cooperaof the assistance of any of the several research agencies of the Federal Government having special knowledge of any such matter, to conduct such scientific and technical researches, investigations, and tests as may be necessary to promote the safety of operation and equipment of motor vehicles as provided in this part; the Commission may transfer to such agency or agencies such funds as may be necessary and available to make this provision effective.

(6) To administer, execute, and enforce all provisions of this part, to make all necessary orders in connection therewith, and to prescribe rules, regulations, and procedure for such administration; and

NOTE. Comparable provisions: duty of Commission to enforce and administer act, part I, § 12 (1)—applicable to part III, § 316

52 Stat. 1237. Administration

and enforcepart II.

ment of

-regulations prescribed.

Sec. 204

54 Stat. 922. Inquiry into management. -motor carriers and brokers.

-controlling or controlled persons.

-obtaining necessary information.

Recommendations to Congress.

54 Stat. 922.

Establishment by Commission of classifications, carriers and brokers.

-reasonable rules and regulations.

54 Stat. 922.

Complaints and investigations.

(a), to part IV, § 417 (a); recommendations as to legislation, etc., part I, § 21, part III, § 304 (b).

General duty to administer part III, § 304 (a); part IV, § 403 (a).

General power of Commission to prescribe rules, procedure, etc., § 17 (3), § 304 (a). Provisions of § 17 applicable to other parts of act, §§ 205 (h), 316 (a), 417 (a).

(7) For purposes of the administration of the provisions of this part, to inquire into the management of the business of motor carriers and brokers, and into the management of the business of persons controlling, controlled by, or under common control with, motor carriers to the extent that the business of such persons is related to the management of the business of one or more motor carriers, and the Commission shall keep itself informed as to the manner and method in which the same are conducted, and may obtain from such carriers and persons such information as the Commission deems necessary to carry out the provisions of this part; and may transmit to Congress from time to time, such recommendations (including recommendations as to additional legislation) as the Commission may deem necessary.

NOTE. "Control" construed, for purposes of § 204 (a), § 1 (3) (b).

Comparable provisions as to inquiry into management, under part I, § 12 (1); part III, § 304 (b); part IV, § 403 (e); as to recommendations to Congress, §§ 12 (1) and 21; §§ 304 (b) and 403 (e).

(b) The Commission may from time to time establish such just and reasonable classifications of brokers or of groups of carriers included in the term "common carrier by motor vehicle", or "contract carrier by motor vehicle", as the special nature of the services performed by such carriers or brokers shall require; and such just and reasonable rules, regulations, and requirements, consistent with the provisions of this part, to be observed by the carriers or brokers so classified or grouped, as the Commission deems necessary or desirable in the public interest. NOTE. Comparable provisions, part III, § 304 (c).

(c) Upon complaint in writing to the Commission by any person, State board, organization, or body politic, or upon its own initiative without complaint, the Commission may investigate whether any motor carrier or

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