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49 U.S.C. § 13503Exempt motor vehicle transportation in terminal areas

submitted 31 years ago by Pub. L. 104-88 to r/title-49-TRANSPORTATION · 379 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section exempts certain local motor vehicle transportation in terminal areas from Secretary and Board jurisdiction. It applies to transfers, collection, or delivery for a rail, water, or freight-forwarding carrier already regulated elsewhere. That local transportation is instead treated as part of the larger regulated carrier's own service.

(a) Transportation by carriers. (1) In general. Neither the Secretary nor the Board has jurisdiction, under this subchapter, over motor vehicle transportation provided in a terminal area when that transportation (A) is a transfer, collection, or delivery, (B) is provided by a rail carrier regulated under chapter 105, a water carrier regulated under subchapter II of this chapter, or a freight forwarder regulated under subchapter III of this chapter, and (C) is incidental to transportation or service that carrier or freight forwarder provides under chapter 105 or subchapter II or III. (2) Applicability of other provisions. Transportation that's exempt under paragraph (1) is instead regulated under whichever of those other laws applies — chapter 105 for a rail carrier, subchapter II for a water carrier, or subchapter III for a freight forwarder. (b) Transportation by agent. (1) In general. Except as paragraph (2) provides, neither the Secretary nor the Board has jurisdiction, under this subchapter, over motor vehicle transportation provided in a terminal area when that transportation (A) is a transfer, collection, or delivery, and (B) is provided by someone acting as an agent, or under some other arrangement, for a rail carrier regulated under chapter 105, a motor carrier regulated under this subchapter, a water carrier regulated under subchapter II, or a freight forwarder regulated under subchapter III. (2) Treatment of transportation by principal. Transportation exempt under paragraph (1) is treated as if the carrier or freight forwarder it was done for had provided it directly, and is regulated under whichever law applies to that carrier or forwarder — chapter 105 for a rail carrier, this subchapter for a motor carrier, subchapter II for a water carrier, or subchapter III for a freight forwarder.
the actual law source: uscode.house.gov ↗public domain
(a)Transportation by Carriers.—
(1)In general.—

Neither the Secretary nor the Board has jurisdiction under this subchapter over transportation by motor vehicle provided in a terminal area when the transportation—

(A)

is a transfer, collection, or delivery;

(B)

is provided by—

(i)

a rail carrier subject to jurisdiction under chapter 105;

(ii)

a water carrier subject to jurisdiction under subchapter II of this chapter; or

(iii)

a freight forwarder subject to jurisdiction under subchapter III of this chapter; and

(C)

is incidental to transportation or service provided by the carrier or freight forwarder that is subject to jurisdiction under chapter 105 of this title or under subchapter II or III of this chapter.

(2)Applicability of other provisions.—

Transportation exempt from jurisdiction under paragraph (1) of this subsection is subject to jurisdiction under chapter 105 when provided by such a rail carrier, under subchapter II of this chapter when provided by such a water carrier, and under subchapter III of this chapter when provided by such a freight forwarder.

(b)Transportation by Agent.—
(1)In general.—

Except to the extent provided by paragraph (2) of this subsection, neither the Secretary nor the Board has jurisdiction under this subchapter over transportation by motor vehicle provided in a terminal area when the transportation—

(A)

is a transfer, collection, or delivery; and

(B)

is provided by a person as an agent or under other arrangement for—

(i)

a rail carrier subject to jurisdiction under chapter 105 of this title;

(ii)

a motor carrier subject to jurisdiction under this subchapter;

(iii)

a water carrier subject to jurisdiction under subchapter II of this chapter; or

(iv)

a freight forwarder subject to jurisdiction under subchapter III of this chapter.

(2)Treatment of transportation by principal.—

Transportation exempt from jurisdiction under paragraph (1) of this subsection is considered transportation provided by the carrier or service provided by the freight forwarder for whom the transportation was provided and is subject to jurisdiction under chapter 105 of this title when provided for such a rail carrier, under this subchapter when provided for such a motor carrier, under subchapter II of this chapter when provided for such a water carrier, and under subchapter III of this chapter when provided for such a freight forwarder.

Source credit: (Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995, 109 Stat. 860.)

history & why it existsrecord from the source credit
  • 1995Enacted · Pub. L. 104-88 · 109 Stat. 860

A history note hasn’t been published yet. The record shows enactment by Pub. L. 104-88 on 1995-12-29.

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