ALLcrimesfood&drugstaxestelecomcommercehealthconservationtransportationagricultureveteransbrowse all titles »
0

49 U.S.C. § 14501Federal authority over intrastate transportation

submitted 31 years ago by Pub. L. 104-88 to r/title-49-TRANSPORTATION · 1,329 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law stops states from regulating prices, routes, or services for interstate motor carriers, freight forwarders, and brokers — including buses, trucking companies, and pre-arranged rides like limousines. States keep their normal power over vehicle safety, size and weight limits, insurance requirements, and towing rules. Hawaii and a few other situations are treated differently.

(a) Motor Carriers of Passengers — (1) Limitation on state law: No state, political subdivision, or multi-state agency may make or enforce any law regulating (A) the scheduling of interstate or intrastate transportation — including cutting or reducing service — by an interstate bus carrier, (B) changing the rates for that transportation or for charter transportation, except states can require up to 30 days' notice of schedule changes, or (C) who may provide intrastate or interstate charter bus service. This rule doesn't apply to intrastate commuter bus operations, or to any intrastate bus transportation in Hawaii. (2) Matters not covered: This doesn't limit a state's normal safety regulation of motor vehicles, its power to set highway route rules based on vehicle size or weight, or its power to require minimum insurance or self-insurance from carriers. (b) Freight Forwarders and Brokers — (1) General rule: Subject to (2), no state, subdivision, or multi-state agency may make or enforce any law regulating intrastate rates, routes, or services of a freight forwarder or broker. (2) Continuation of Hawaii's authority: Nothing here, or in the 1986 Surface Freight Forwarder Deregulation Act, limits Hawaii's authority to keep regulating a motor carrier operating within Hawaii. (c) Motor Carriers of Property — (1) General rule: Except as (2) and (3) allow, a state, subdivision, or multi-state authority may not make or enforce any law about the price, route, or service of a motor carrier (other than one affiliated with a direct air carrier under section 41713(b)(4)), or of any motor private carrier, broker, or freight forwarder, when it comes to transporting property. (2) Matters not covered: This rule (A) doesn't limit a state's normal vehicle-safety regulation, its power to set highway route rules based on size, weight, or hazardous cargo, or its power to require minimum insurance or self-insurance; (B) doesn't apply to intrastate transportation of household goods; and (C) doesn't apply to a state or subdivision's authority to regulate non-consensual tow-truck operations (tows done without the vehicle owner's prior consent). (3) State standard transportation practices: (A) Continuation: This rule doesn't stop a state, subdivision, or multi-state authority from making or enforcing rules about intrastate property transport involving (i) uniform cargo liability rules, (ii) uniform bills of lading, (iii) uniform cargo credit rules, (iv) antitrust immunity for joint rates, routes, classifications, mileage guides, and pooling, or (v) antitrust immunity for agent-van-line operations under section 13907 — but only if the rule meets (B)'s requirements. (B) Requirements: A state rule qualifies if (i) it covers the same subject as, and is no more burdensome than, a federal rule under this part, and (ii) it only applies to a carrier that asks to be covered by it. (C) Election: A carrier affiliated with a direct air carrier through common ownership may choose to be subject to such a state rule. (4) Nonapplicability to Hawaii: This subsection doesn't apply to Hawaii. (5) Limitation on statutory construction: Nothing here stops a state from requiring that a tow truck operator taking a vehicle from private property without the owner's consent have prior written authorization from the property owner (or their employee or agent), or that the owner be present during the tow, or both. (d) Pre-Arranged Ground Transportation — (1) In general: No state, subdivision, or multi-state agency may require a license or fee just because a vehicle provides pre-arranged ground transportation, if the carrier providing it (A) meets all federal registration requirements for interstate passenger transport, (B) meets all vehicle and intrastate passenger licensing requirements of the state or states where it's based or registered, and (C) is operating under a contract for (i) transportation from one state (with stops along the way) to another state, or (ii) transportation from one state (with a stop in another state) back to a destination in the original state. (2) Intermediate stop defined: An "intermediate stop" is a pause in the trip so a passenger can do personal or business activity — but only if the driver doesn't pick up any other, unrelated passenger before resuming the original passenger's trip. (3) Matters not covered: Nothing here (A) makes taxicab service regulated like interstate bus transportation, (B) stops an airport, train, or bus terminal from contracting for preferred access with one or more pre-arranged ground transportation providers, or (C) stops a state or subdivision from requiring, without discrimination, that a driver providing this kind of service submit to pre-licensing drug testing or a criminal background check — done by the licensing state or subdivision, or by the carrier itself — as a condition of providing the service.
the actual law source: uscode.house.gov ↗public domain
(a)Motor Carriers of Passengers.—
(1)Limitation on state law.—

No State or political subdivision thereof and no interstate agency or other political agency of 2 or more States shall enact or enforce any law, rule, regulation, standard, or other provision having the force and effect of law relating to—

(A)

scheduling of interstate or intrastate transportation (including discontinuance or reduction in the level of service) provided by a motor carrier of passengers subject to jurisdiction under subchapter I of chapter 135 of this title on an interstate route;

(B)

the implementation of any change in the rates for such transportation or for any charter transportation except to the extent that notice, not in excess of 30 days, of changes in schedules may be required; or

(C)

the authority to provide intrastate or interstate charter bus transportation.

This paragraph shall not apply to intrastate commuter bus operations, or to intrastate bus transportation of any nature in the State of Hawaii.

(2)Matters not covered.—

Paragraph (1) shall not restrict the safety regulatory authority of a State with respect to motor vehicles, the authority of a State to impose highway route controls or limitations based on the size or weight of the motor vehicle, or the authority of a State to regulate carriers with regard to minimum amounts of financial responsibility relating to insurance requirements and self-insurance authorization.

(b)Freight Forwarders and Brokers.—
(1)General rule.—

Subject to paragraph (2) of this subsection, no State or political subdivision thereof and no intrastate agency or other political agency of 2 or more States shall enact or enforce any law, rule, regulation, standard, or other provision having the force and effect of law relating to intrastate rates, intrastate routes, or intrastate services of any freight forwarder or broker.

(2)Continuation of hawaii’s authority.—

Nothing in this subsection and the amendments made by the Surface Freight Forwarder Deregulation Act of 1986 shall be construed to affect the authority of the State of Hawaii to continue to regulate a motor carrier operating within the State of Hawaii.

(c)Motor Carriers of Property.—
(1)General rule.—

Except as provided in paragraphs (2) and (3), a State, political subdivision of a State, or political authority of 2 or more States may not enact or enforce a law, regulation, or other provision having the force and effect of law related to a price, route, or service of any motor carrier (other than a carrier affiliated with a direct air carrier covered by section 41713(b)(4)) or any motor private carrier, broker, or freight forwarder with respect to the transportation of property.

(2)Matters not covered.—

Paragraph (1)—

(A)

shall not restrict the safety regulatory authority of a State with respect to motor vehicles, the authority of a State to impose highway route controls or limitations based on the size or weight of the motor vehicle or the hazardous nature of the cargo, or the authority of a State to regulate motor carriers with regard to minimum amounts of financial responsibility relating to insurance requirements and self-insurance authorization;

(B)

does not apply to the intrastate transportation of household goods; and

(C)

does not apply to the authority of a State or a political subdivision of a State to enact or enforce a law, regulation, or other provision relating to the regulation of tow truck operations performed without the prior consent or authorization of the owner or operator of the motor vehicle.

(3)State standard transportation practices.—
(A)Continuation.—

Paragraph (1) shall not affect any authority of a State, political subdivision of a State, or political authority of 2 or more States to enact or enforce a law, regulation, or other provision, with respect to the intrastate transportation of property by motor carriers, related to—

(i)

uniform cargo liability rules,

(ii)

uniform bills of lading or receipts for property being transported,

(iii)

uniform cargo credit rules,

(iv)

antitrust immunity for joint line rates or routes, classifications, mileage guides, and pooling, or

(v)

antitrust immunity for agent-van line operations (as set forth in section 13907),

if such law, regulation, or provision meets the requirements of subparagraph (B).

(B)Requirements.—

A law, regulation, or provision of a State, political subdivision, or political authority meets the requirements of this subparagraph if—

(i)

the law, regulation, or provision covers the same subject matter as, and compliance with such law, regulation, or provision is no more burdensome than compliance with, a provision of this part or a regulation issued by the Secretary or the Board under this part; and

(ii)

the law, regulation, or provision only applies to a carrier upon request of such carrier.

(C)Election.—

Notwithstanding any other provision of law, a carrier affiliated with a direct air carrier through common controlling ownership may elect to be subject to a law, regulation, or provision of a State, political subdivision, or political authority under this paragraph.

(4)Nonapplicability to hawaii.—

This subsection shall not apply with respect to the State of Hawaii.

(5)Limitation on statutory construction.—

Nothing in this section shall be construed to prevent a State from requiring that, in the case of a motor vehicle to be towed from private property without the consent of the owner or operator of the vehicle, the person towing the vehicle have prior written authorization from the property owner or lessee (or an employee or agent thereof) or that such owner or lessee (or an employee or agent thereof) be present at the time the vehicle is towed from the property, or both.

(d)Pre-Arranged Ground Transportation.—
(1)In general.—

No State or political subdivision thereof and no interstate agency or other political agency of 2 or more States shall enact or enforce any law, rule, regulation, standard or other provision having the force and effect of law requiring a license or fee on account of the fact that a motor vehicle is providing pre-arranged ground transportation service if the motor carrier providing such service—

(A)

meets all applicable registration requirements under chapter 139 for the interstate transportation of passengers;

(B)

meets all applicable vehicle and intrastate passenger licensing requirements of the State or States in which the motor carrier is domiciled or registered to do business; and

(C)

is providing such service pursuant to a contract for—

(i)

transportation by the motor carrier from one State, including intermediate stops, to a destination in another State; or

(ii)

transportation by the motor carrier from one State, including intermediate stops in another State, to a destination in the original State.

(2)Intermediate stop defined.—

In this section, the term “intermediate stop”, with respect to transportation by a motor carrier, means a pause in the transportation in order for one or more passengers to engage in personal or business activity, but only if the driver providing the transportation to such passenger or passengers does not, before resuming the transportation of such passenger (or at least 1 of such passengers), provide transportation to any other person not included among the passengers being transported when the pause began.

(3)Matters not covered.—

Nothing in this subsection shall be construed—

(A)

as subjecting taxicab service to regulation under chapter 135 or section 31138;

(B)

as prohibiting or restricting an airport, train, or bus terminal operator from contracting to provide preferential access or facilities to one or more providers of pre-arranged ground transportation service; and

(C)

as restricting the right of any State or political subdivision of a State to require, in a nondiscriminatory manner, that any individual operating a vehicle providing prearranged ground transportation service originating in the State or political subdivision have submitted to pre-licensing drug testing or a criminal background investigation of the records of the State in which the operator is domiciled, by the State or political subdivision by which the operator is licensed to provide such service, or by the motor carrier providing such service, as a condition of providing such service.

Source credit: (Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995, 109 Stat. 899; amended Pub. L. 105–178, title IV, § 4016, June 9, 1998, 112 Stat. 412; Pub. L. 105–277, div. C, title I, § 106, Oct. 21, 1998, 112 Stat. 2681–586; Pub. L. 107–298, § 2, Nov. 26, 2002, 116 Stat. 2342; Pub. L. 109–59, title IV, §§ 4105(a), 4206(a), Aug. 10, 2005, 119 Stat. 1717, 1754; Pub. L. 114–94, div. A, title V, § 5514, Dec. 4, 2015, 129 Stat. 1557.)

history & why it existsrecord from the source credit
  • 1995Enacted · Pub. L. 104-88 · 109 Stat. 899
  • 1998Amended · Pub. L. 105-178 · 112 Stat. 412
  • 1998Amended · Pub. L. 105-277 · 112 Stat. 2681
  • 2002Amended · Pub. L. 107-298 · 116 Stat. 2342
  • 2005Amended · Pub. L. 109-59 · 119 Stat. 1717, 1754
  • 2015Amended · Pub. L. 114-94 · 129 Stat. 1557

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

all 0 arguments · sorted by: best

0/280

no arguments yet — make the first case