Графични страници
PDF файл
ePub

Secs. 202-203

transportation,

Adequate high

ordinate transportation by and regulation of, motor car- Coordinated riers and other carriers; develop and preserve a highway transportation system properly adapted to the needs of the commerce of the United States and of the national ways. defense; and cooperate with the several States and the duly authorized officials thereof and with any organiza- Cooperation with tion of motor carriers in the administration and enforce

ment of this part.

States, etc.

diction vested in

(b) The provisions of this part apply to the trans- Regulatory juris portation of passengers or property by motor carriers Commission. engaged in interstate or foreign commerce and to the procurement of and the provision of facilities for such. transportation, and the regulation of such transportation, and of the procurement thereof, and the provision of facilities therefor, is hereby vested in the Interstate Commerce Commission.

(c) Nothing in this part shall be construed to affect Unaffected pow the powers of taxation of the several States or to author- ers of States. ize a motor carrier to do an intrastate business on the

highways of any State, or to interfere with the exclusive exercise by each State of the power of regulation of intrastate commerce by motor carriers on the highways thereof.

DEFINITIONS

SEC. 203. [Added August 9, 1935.] [U. S. Code, Sup. 49 Stat. L. 544 I, title 49, sec. 303]1a (a) As used in this part

[ocr errors]

Definitions.

(1) The term " person means any individual, firm, person, copartnership, corporation, company, association, or joint-stock association; and includes any trustee, receiver, assignee, or personal representative thereof.

66

board.

(2) The term "board" or State board" means the board, State commission, board, or official (by whatever name designated in the laws of a State) which, under the laws of any State in which any part of the service in interstate or foreign commerce regulated by this part is performed, has or may hereafter have jurisdiction to grant or approve certificates of public convenience and necessity or permits to motor carriers, or otherwise to regulate the business of transportation by motor vehicles, in intrastate commerce over the highways of such State.

1 1For similar declaration as to applicability of part I, see sec. 1 (1), ante.

2 Saving clause as to part I, sec. 1 (2) (a), ante.

La Definitions of terms employed in part I, sec. 1 (3); of transportation territorially subject to part I, sec. 1 (1), ante.

Sec. 203

-Commission.

-joint board.

-certificate.

-permit.

-license.

-State.

-express company.

-interstate commerce.

-foreign com

merce.

-highway.

-motor vehicle.

-coinmon carrier by motor

vehicle.

(3) The term "Commission " Commerce Commission.

means the Interstate

(4) The term "joint board” means any special board constituted as provided in section 205 of this part. (5) The term "certificate" means a certificate of public convenience and necessity issued under this part to common carriers by motor vehicle.

(6) The term "permit" means a permit issued under this part to contract carriers by motor vehicle. (7) The term "license" this part to a broker.

[ocr errors][ocr errors][merged small][merged small][merged small][ocr errors]

(9) The term "express company means any common carrier by express subject to the provisions of part I.

[ocr errors]

(10) The term "interstate commerce means commerce between any place in a State and any place in another State or between places in the same State through another State, whether such commerce moves wholly by motor vehicle or partly by motor vehicle and partly by rail, express, or water.

[merged small][ocr errors]

(11) The term foreign commerce means commerce between any place in the United States and any place in a foreign country, or between places in the United States through any foreign country, whether such commerce moves wholly by motor vehicle or partly by motor vehicle and partly by rail, express, or water.

(12) The term "highway" means the roads, highways, streets, and ways in any State.

66

(13) The term motor vehicle " means any vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power and used upon the highways in the transportation of passengers or property, but does not include any vehicle, locomotive, or car operated exclusively on a rail or rails.

66

(14) The term common carrier by motor vehicle " means any person who or which undertakes, whether directly or by a lease or any other arrangement, to transport passengers or property, or any class or classes of property, for the general public in interstate or foreign commerce by motor vehicle for compensation, whether over regular or irregular routes, including such motor vehicle operations of carriers by rail or water, and of

66

Sec. 203

-contract car

rier by motor

express or forwarding companies, except to the extent that
these operations are subject to the provisions of part I.
(15) The term contract carrier by motor vehicle"
means any person, not included under paragraph (14) vehicle.
of this section, who or which, under special and indi-
vidual contracts or agreements, and whether directly or
by a lease or any other arrangement, transports pas-
sengers or property in interstate or foreign commerce by
motor vehicle for compensation.

(16) The term "motor carrier " includes both a com--motor carrier. mon carrier by motor vehicle and a contract carrier by

motor vehicle.

66

[ocr errors]

66

rier of property

(17) The term "private carrier of property by motor private carvehicle means any person not included in the terms by motor vehicle. common carrier by motor vehicle" or contract carrier by motor vehicle ", who or which transports in interstate or foreign commerce by motor vehicle property of which such person is the owner, lessee, or bailee, when such transportation is for the purpose of sale, lease, rent, or bailment, or in furtherance of any commercial enterprise.

66

66

[ocr errors]

(18) The term broker means any person not in- -broker. Icluded in the term motor carrier and not a bona fide employee or agent of any such carrier, who or which, as principal or agent, sells or offers for sale any transportation subject to this part, or negotiates for, or holds himself or itsself out by solicitation, advertisement, or otherwise as one who sells, provides, furnishes, contracts, or arranges for such transportation.

(19) The "services" and "transportation " to which services. this part applies include all vehicles operated by, for, or transportation in the interest of any motor carrier irrespective of ownership or of contract, express or implied, together with all facilities and property operated or controlled by any such carrier or carriers and used in the transportation of passengers or property in interstate or foreign commerce or in the performance of any service in connection therewith.

[ocr errors]

(20) The term "interstate operation means any op- -interstate

eration.

op

eration in interstate commerce. (21) The term "foreign operation" means any opera- —foreign operation in foreign commerce.

tion.

transportation

(b) Nothing in this part, except the provisions of sec- Vehicles and tion 204 relative to qualifications and maximum hours of excluded, gener service of employees and safety of operation or stand

ally.

Sec. 203

-schools.

-taxicabs.

-hotels.

-National Park
Service.

-farm vehicles.

-cooperative associations.

ards of equipment shall be construed to include (1) motor vehicles employed solely in transporting school children and teachers to or from school; or (2) taxicabs, or other motor vehicles performing a bona fide taxicab service, having a capacity of not more than six passengers and not operated on a regular route or between fixed termini; or (3) motor vehicles owned or operated by or on behalf of hotels and used exclusively for the transportation of hotel patrons between hotels and local railroad or other common carrier stations; or (4) motor vehicles operated, under authorization, regulation, and control of the Secretary of the Interior, principally for the purpose of transporting persons in and about the national parks and national monuments; or (4a) motor vehicles controlled and operated by any farmer, and used in the transportation of his agricultural commodities and products thereof, or in the transportation of supplies to his farm; or (4b) motor vehicles controlled and operated by a cooperative association as defined in the Agricultural Marketing Act, approved June 15, 1929, as amended; or (5) trolley busses operated by electric power derived from a fixed overhead wire, furnishing local passenger transportation similar and agricultural' to street-railway service; or (6) motor vehicles used exclusively in carrying livestock, fish (including shell fish), or agricultural commodities (not including manufactured products thereof); or (7) motor vehicles used exnewspaper dis- clusively in the distribution of newspapers; nor, unless and to the extent that the Commission shall from time to time find that such application is necessary to carry Exceptions when out the policy of Congress enunciated in section 202, shall the provisions of this part, except the provisions of sechours of serv- tion 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 -intra- or inter- wholly within a municipality or 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 passen

-livestock, fish, commodities.

tribution.

consistent with

Congressional

policy.

ice and safety standards.

municipal transportation.

Sec. 204

gers 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 casual, ocçaproperty in interstate or foreign commerce for compen- cal transportasation by any person not engaged in transportation by motor vehicle as a regular occupation or business.

GENERAL DUTIES AND POWERS OF THE COMMISSION

sional or recipro

tion.

SEC. 204. [Added August 9, 1935.] [U. S. Code, Sup. 49 Stat. L. 546. I, title 49, sec. 304.] (a)1 It shall be the duty of the Commission

establish reason

ments.

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

riers by motor

riers by motor

ers of property

(2) To regulate contract carriers by motor vehicle as contract carprovided in this part, and to that end the Commission vehicles. 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. (3) To establish for private carriers of property by-private carri motor vehicle, if need therefor is found, reasonable re- by motor vehicle. quirements 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 other proviof property by motor vehicle in the administration of plicable. sections 204 (d) and (e); 205; 220; 221; 222 (a), (b), (d), (f), and (g); and 224.

[ocr errors]

sions of law ap

(4) To regulate brokers as provided in this part, and brokers. to that end the Commission may establish reasonable requirements with respect to licensing, financial responsibility, accounts, records, reports, operations, and practices of any such person or persons.

'Duty of Commission to enforce act (part I), sec. 12 (1); recommendations as to legislation, sec. 21, ante

« ПредишнаНапред »