49 U.S.C. § 14302 — Pooling and division of transportation or earnings
submitted 31 years ago by Pub. L. 104-88 to r/title-49-TRANSPORTATION · 895 words · no verdicts yet
Passenger and property motor carriers cannot pool or split traffic, services, or earnings with another carrier without the Board's approval. The Board approves a deal only if it serves the public or saves money, and does not unfairly limit competition. The law sets an application, review, and hearing process, plus rules for household-goods carriers.
(a) Approval Required. A carrier* providing transportation under subchapter I of chapter 135 cannot agree with another such carrier to pool or split traffic, services, or earnings, unless the Board* approves.
(b) Standards for Approval. The Board may approve a pooling or splitting deal between motor carriers of passengers, or between a passenger motor carrier* and a passenger rail carrier, if the carriers agree to it and the Board finds it: (1) serves the public better or saves money; and (2) does not unreasonably restrain competition.
(c) Procedure. (1) Application. A motor carrier of property may apply for Board approval by filing the agreement at least 50 days before it would take effect. (2) Determination of importance and restraint on competition. Before the effective date, the Board decides whether the deal is of major transportation importance and whether it is substantially likely to unduly restrain competition. If neither is true, the Board approves it without a hearing, on terms the Board finds just and reasonable. (3) Hearing. If either is true, the Board holds a hearing and suspends the deal until it decides. After the hearing, if all carriers still agree, the Board approves the deal to the extent it finds proper, on just and reasonable terms. (4) Special rules for household goods carriers. An application involving household-goods carriers and their agents is presumed to serve the public, save money, and not unduly restrain competition, if its practices match those the Interstate Commerce Commission had already approved before January 1, 1996. (5) Streamlining and simplifying. The Board must make the application process for household-goods carrier agreements as fast and simple as practical.
(d) Conditions. The Board may attach conditions to its approval and may approve reasonable payments between the carriers.
(e) Initiation of Proceeding. The Board may start a proceeding under this section on its own, or when a carrier applies.
(f) Effect of Approval. A carrier may take part in an approved or exempted arrangement without any other government's approval. Participating carriers are exempt from antitrust and other laws, state* and local included, as needed to carry out the arrangement.
(g) Continuation of Existing Agreements. Agreements already operating under this title on January 1, 1996, and now covered by this section, stay in effect until the Board orders otherwise.
(h) Definitions. (1) "Household goods" has the meaning given in section 10102(11) as it existed on December 31, 1995. (2) "Transportation" means transportation that would have been under Interstate Commerce Commission jurisdiction under subchapter II of chapter 105, as it existed on December 31, 1995, if that subchapter still applied.
A carrier* providing transportation subject to jurisdiction under subchapter I of chapter 135 may not agree or combine with another such carrier to pool or divide traffic or services or any part of their earnings without the approval of the Board* under this section.
The Board may approve and authorize an agreement or combination between or among motor carriers of passengers, or between a motor carrier* of passengers and a rail carrier of passengers if the carriers involved assent to the pooling or division and the Board finds that a pooling or division of traffic, services, or earnings—
will be in the interest of better service to the public or of economy of operation; and
will not unreasonably restrain competition.
Any motor carrier of property may apply to the Board for approval of an agreement or combination with another such carrier to pool or divide traffic or any services or any part of their earnings by filing such agreement or combination with the Board not less than 50 days before its effective date.
Prior to the effective date of the agreement or combination, the Board shall determine whether the agreement or combination is of major transportation importance and whether there is substantial likelihood that the agreement or combination will unduly restrain competition. If the Board determines that neither of these 2 factors exists, it shall, prior to such effective date and without a hearing, approve and authorize the agreement or combination, under such rules and regulations as the Board may issue, and for such consideration between such carriers and upon such terms and conditions as shall be found by the Board to be just and reasonable.
If the Board determines either that the agreement or combination is of major transportation importance or that there is substantial likelihood that the agreement or combination will unduly restrain competition, the Board shall hold a hearing concerning whether the agreement or combination will be in the interest of better service to the public or of economy in operation and whether it will unduly restrain competition and shall suspend operation of such agreement or combination pending such hearing and final decision thereon. After such hearing, the Board shall indicate to what extent it finds that the agreement or combination will be in the interest of better service to the public or of economy in operation and will not unduly restrain competition and if assented to by all the carriers involved, shall to that extent, approve and authorize the agreement or combination, under such rules and regulations as the Board may issue, and for such consideration between such carriers and upon such terms and conditions as shall be found by the Board to be just and reasonable.
In the case of an application for Board approval of an agreement or combination between a motor carrier providing transportation of household goods and its agents to pool or divide traffic or services or any part of their earnings, such agreement or combination shall be presumed to be in the interest of better service to the public and of economy in operation and not to restrain competition unduly if the practices proposed to be carried out under such agreement or combination are the same as or similar to practices carried out under agreements and combinations between motor carriers providing transportation of household goods to pool or divide traffic or service of any part of their earnings approved by the Interstate Commerce Commission before January 1, 1996.
The Board shall streamline, simplify, and expedite, to the maximum extent practicable, the process (including any paperwork) for submission and approval of applications under this section for agreements and combinations between motor carriers providing transportation of household goods and their agents.
The Board may impose conditions governing the pooling or division and may approve and authorize payment of a reasonable consideration between the carriers.
The Board may begin a proceeding under this section on its own initiative or on application.
A carrier may participate in an arrangement approved by or exempted by the Board under this section without the approval of any other Federal, State*, or municipal body. A carrier participating in an approved or exempted arrangement is exempt from the antitrust laws and from all other law, including State and municipal law, as necessary to let that person carry out the arrangement.
Any agreements in operation under the provisions of this title on January 1, 1996, that are succeeded by this section shall remain in effect until further order of the Board.
In this section, the following definitions apply:
The term “household goods” has the meaning such term had under section 10102(11) of this title, as in effect on December 31, 1995.
The term “transportation” means transportation that would be subject to the jurisdiction of the Interstate Commerce Commission under subchapter II of chapter 105 of this title, as in effect on December 31, 1995, if such subchapter were still in effect.
Source credit: (Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995, 109 Stat. 895; amended Pub. L. 104–287, § 5(37), Oct. 11, 1996, 110 Stat. 3392.)
- 1995Enacted · Pub. L. 104-88 · 109 Stat. 895
- 1996Amended · Pub. L. 104-287 · 110 Stat. 3392
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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