Beattie, Donald S., executive secretary, Railway Labor Executives' Association, 400 First Street NW., Washington, D.C.- Burks, Carroll P., president, The American Short Line Railroad Fox, Michael, vice chairman, Railway Labor Executives' Association, 400 First Street NW., Washington, D.C. Franzen, Gerald E., director, Transportation Division, Chicago As- sociation of Commerce and Industry, 30 West Monroe Street, Kinnaird, John M., executive secretary, Committee on Transportation Practices, 1616 P Street NW., Washington, D.C........ Marsh, David M., manager, Washington Office, American Insurance 234 McDonald, Walter R., chairman, Ad Hoc Committee of the Executive Committee, National Association of Railroad and Utilities Com- Burrows, Fred W., executive vice president, International Apple Association, Inc., 1302 18th Street NW., Washington, D.C.. Dooley, T. A., director of traffic, The Stanley Works, New Britain, Hendrickson, Roy F., executive secretary, National Federation of Grain Cooperatives, 711 14th Street NW., Washington, D.C.----- Kingsley, Thomas R., general manager, American Movers Conference, 1616 P Street NW., Washington, D.C. McDonald, Angus, director of research, National Farmers Union, 1012 Seals, Durward, traffic manager, United Fresh Fruit and Vegetable 251 Wheaton, E. S., president, Wheaton Van Lines, Inc., 2525 East 56th International Brotherhood of Teamsters, Chauffers, Warehousemen & Page 226 125 121 141 224 VII. A. C. Ingersoll, Jr., chairman, executive committee, the Com- mon Carrier Conference of Domestic Water Carriers- - - - VIII. John A. O'Connor, chairman, transportation committee, Na- IX. Edmund D. Osbourne, president, Western Rivers Corp. X. William E. Ott, general manager, Kraft Foods, on behalf of Pri- XI. George H. Seal, chairman, transportation and communication committee, Chamber of Commerce of the United States____ XII. Charles A. Washer, counsel, Transportation Division, American XIV. "Keep It Legal," pamphlet compiled by the Private Carrier INTERSTATE COMMERCE ACT AMENDMENTS MONDAY, MAY 10, 1965 U.S. SENATE, COMMITTEE ON COMMERCE, SUBCOMMITTEE ON SURFACE TRANSPORTATION, Washington, D.C. The subcommittee met, pursuant to notice, at 9:15 a.m, in room 457, Old Senate Office Building, Hon. Frank J. Lausche presiding. Senator LAUSCHE. The meeting will come to order. This is a hearing to be conducted by the Surface Transportation Subcommittee of the Commerce Committee. The hearing will deal with bills identified as S. 1727, S. 1142, S. 1143, S. 1144, S. 1145, S. 1146, S. 1147, S. 1148, S. 1149, S. 1150, S. 1152, S. 1153, S. 1728, S. 1731, S. 1732, S. 1733, and H.R. 5401. The hearings are on 17 bills to amend the Interstate Commerce Act and related acts in order to strengthen and improve our national transportation system. Six of these bills, S. 1727 introduced by Chairman Magnuson and other members of the committee; H.R. 5401; and S. 1728, S. 1731, S. 1732, and S. 1733, introduced at the request of the Interstate Commerce Commission, would amend the Interstate Commerce Act to strengthen enforcement efforts against illegal carriage and to provide for motor carrier and freight forwarder reparations. Illegal truck transportation has been condemned by almost all major shipper and carrier organizations. The ICC on the basis of road checks in 42 States has estimated that illegal hauling could amount to over a half a billion dollars a year. Some experts believe that this total could be even as much as $5 billion a year. These unlawful carrier operations, if they do exist, cause law-abiding shippers to pay more to move their goods. The freight allegedly moved illegally takes revenues from the lawful carriers, causing their rates to be raised to pay fixed operating costs. Furthermore, there is allegedly considerable evidence that illegal motor carriers are more prone to highway accidents than are lawful carriers, be they common, contract, or private. Bills S. 1727, S. 1728, S. 1731, and S. 1733 contain provisions to increase the effectiveness of efforts against illegal carriage wherever it does exist, otherwise these bills would have no impact. They are contemplated solely to deal with illegal operations. It is my understanding that some witnesses may have suggestions as to the wording of specific language in certain sections of S. 1727. It is my hope that we shall have a thorough discussion aimed at establishing the facts and means of improving the enforcement of the law through proper language contained in the bills. NOTE.-Staff Counsel assigned to this hearing: Stanton P. Sender. 1 Sections 5 and 6 of S. 1727 and S. 1732 would provide for reparations to those shippers damaged as a result of unreasonable charges on past shipments. It has been pointed out by the Interstate Commerce Commission that there is no reason why shippers should not have the same rights of recovery against motor carriers and freight forwarders as they have against rail and water carriers for violation of the act. The remaining 11 bills are measures recommended by the Commission in its 78th annual report. The Commission's justification of these bills indicates that primarily they are designed to improve Federal regulation of domestic surface transportation by eliminating provisions of present law which are no longer appropriate to the proper performance of the Commission's regulatory functions. The Commission has indicated that such streamlining of regulation will not only improve its overall administrative efficiency but also save carriers considerable time and expense. If there is no objection, I will insert in the record at this point copies of all these bills, ICC recommendations, and the agency reports received on them. (The material referred to follows:) [S. 1727, 89th Cong., 1st sess.] A BILL To provide for strengthening and improving the national transportation system, and for other purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, ENFORCEMENT AGREEMENTS WITH STATES ON HIGHWAY TRANSPORTATION That subsection (f) of section 205 of the Interstate Commerce Act (49 U.S.C. 305 (f)) is amended by inserting after the second sentence thereof the following new sentence: "In addition, the Commission is authorized to make cooperative agreements with the various States to enforce the economic and safety laws and regulations of the various States and the United States concerning highway transportation." UNIFORM STATE REGISTRATION OF MOTOR CARRIER CERTIFICATES SEC. 2. Subsection (b) of section 202 of the Interstate Commerce Act (49 U.S.C. 302(b)) is amended by inserting "(1)" immediately after "(b)" and by adding at the end thereof the following: "(2) The requirement by a State that any motor carrier operating in interstate or foreign commerce within the borders of that State register its certificate of public convenience and necessity or permit issued by the Commission shall not constitute an undue burden on interstate commerce provided that such registration is accomplished in accordance with standards, or amendments thereto, determined and officially certified to the Commission by the national organization of the State commissioners, as referred to in section 205 (f) of this Act, and promulgated by the Commission. As so certified, such standards, or amendments thereto, shall be promulgated forthwith by the Commission and shall become effective five years from the date of such promulgation. As used in this paragraph, 'standards or amendments thereto' shall mean specification of forms and procedures required to evidence the lawfulness of interstate operations of a carrier within a State by (a) filing and maintaining current records of the certificates and permits issued by the Commission, (b) registering and identifying vehicles as operating under such certificates and permits, (c) filing and maintaining evidence of currently effective insurance, and (d) filing designations of local agents for service of process. Different standards may be determined and promulgated for each of the classes of carriers as differences in their operations may warrant. In determining or amending such standards, the national organization of the State commissions shall consult with the Commission and with representatives of motor carriers subject to State registration requirements. |